What is PFAS and How Did It Get into the Water?
Per- and polyfluoroalkyl substance (PFAS) are man-made chemicals used in the manufacturing of many nonstick, stain resistant, and waterproof products.
PFAS chemicals are often referred to as “forever chemicals” because they do not easily break down and they are extremely water soluble, meaning they spread quickly in water. PFAS chemicals are toxic and have been linked to certain types of cancer, thyroid disease, and other serious health effects when consumed.
The Fayetteville Works plant has released PFAS compounds into the air and into the Cape Fear River, resulting in PFAS well water contamination in:
- Cumberland County
- Bladen County
- Robeson County
- Sampson County
- New Hanover County
- Brunswick County
- Pender County
- Columbus County
In addition, the use of certain firefighting foams in some areas may have resulted in contamination of well water.
Baron & Budd actively represents more than 2,000 North Carolina private well owners affected by PFAS contamination. Our attorneys are experienced in representing individuals across the country in these types of water contamination cases.
Complete our online form to see if you may qualify to join Baron & Budd’s lawsuits.
Baron & Budd PFAS Lawsuits and the Nix Class Action Lawsuit
Recently, a class action lawsuit titled Nix, et al. v. The Chemours Company FC, et al., No. 7-17-CV-189-D (the “Nix Class Action Lawsuit”) was certified to address harm from Fayetteville Works PFAS. The class has more than 100,000 potential members and includes 1) those who rent or own property contaminated with PFAS from Fayetteville Works, along with 2) those served by public water in Bladen, Brunswick, Cumberland, New Hanover, or Pender Counties if the public water utility draws water from the Cape Fear River downstream of the Fayetteville Works plant. The following is a link to the class website: https://www.ncpfaslitigation.com/.
Property owners with contaminated well water have the option to file an individual lawsuit or remain in a class action lawsuit. An important difference between the two types of lawsuits is that property owners may seek compensation for more types of harm through individual lawsuits than they can through the class action. The Nix Class Action Lawsuit seeks costs associated with purchasing bottled water, hot water heater replacement, and under-the-sink reverse osmosis filtration. It does not seek damages for certain other losses, including loss of property value and costs of a whole house filtration system.
If you are a property owner and wish to seek costs associated with loss of property value and costs of a whole house filtration system, or other costs not covered by the Nix class action, we recommend that you call a lawyer to discuss your options.
Baron & Budd has filed lawsuits on behalf of private well owners seeking damages associated with:
- A long-term solution for adequate drinking water
- Past and future water contamination testing
- Decreases in property value
- Hot water heater replacement
- Loss of use and enjoyment of property
To bring a separate lawsuit outside of the class action, property owners must “opt out” by June 12, 2024. Failure to opt out may limit a property owner’s ability to file a separate lawsuit for property damage caused by PFAS. If a property owner does not opt out, they will be legally bound by whatever happens in the Nix Class Action Lawsuit.
Baron & Budd is assisting its clients in the opt-out process. If you are not a Baron & Budd client, we recommend that you speak with a lawyer to determine your legal options.
Townhall Information
Baron & Budd attorney, Brett Land, will be on site and available at the following locations and times to answer any questions you may have about the lawsuit:
Tuesday, May 14, 2024, 6:30 p.m. – Hampstead Women’s Club, 14435 U.S. Highway 17, Hampstead, NC
Wednesday, May 15, 2024, 6:30 p.m. – Mulberry Community Center, 149 Mulberry Street, Shallotte, NC
Thursday, May 16, 2024, 6:30 p.m. – Cape Fear Community College, North Branch, Lecture Hall NE108, 4500 Blue Clay Road, Castle Hayne, NC.
Monday, May 20, 2024, 6:00 p.m. – Gray’s Creek Community Building – 3024 School Road, Hope Mills, NC 28348
Tuesday, May 21, 2024, 6:30 p.m. – Stedman Community Building – 335 E 1st St, Stedman, NC 28391
Wednesday, May 22, 2024, 6:30 p.m. – Eastover Community Center – 4008 School St, Eastover, NC 28312
A class action is a lawsuit filed by an individual or a small number of people who act on behalf of – and seek relief for – a much larger group.
No, you will file a lawsuit on behalf of yourself individually. Your lawsuit is consolidated with other property owners who have suffered similar harms, but each individual has their own separate and individual claim. Resolution of someone else’s claim would not resolve your claim, and vice versa.
Baron & Budd is assisting its clients through the opt out process. Individuals represented by Baron & Budd have received information about the process. If you have questions, please contact Baron & Budd.
The Baron & Budd lawsuit seeks money to compensate Baron & Budd’s clients for the loss of their property value, a water treatment solution for their entire house, the loss of use and enjoyment of their property, hot water heater replacement, and any money they spent as a result of the contamination.
The Nix Class Action Lawsuit seeks costs associated with purchasing bottled water, hot water heater replacement, and an under-the-sink reverse osmosis filter. The Nix Class Action Lawsuit is not seeking damages for the loss of use and enjoyment of your property, loss of property value, or costs for a whole house water filtration system.
As a result, if class members do not opt out of the Nix Class Action Lawsuit their claim for these damages may be limited to costs associated with purchasing bottled water, hot water heater replacement, and an under-the-sink reverse osmosis filter, and they may be unable to recover damages for the loss of your property value, and the loss of use and enjoyment of their property.
No. The Nix Class Action Lawsuit has not been settled. The class is still in litigation and moving towards trial. As with any lawsuit, there is no guarantee that the class members will receive any payment.
No. In order to have an active separate lawsuit, class members need to opt out of the Nix Class Action Lawsuit.
If you would like more information to see if you may qualify to join a lawsuit with Baron & Budd, contact us at 214-523-6206 or fill out the online form.