Years
after the Monsanto plant near Nitro closed its gates for good, those
who lived in the shadow of the herbicide plant finally have resolution
in a longstanding court battle with the company.
Claimants
in a class action lawsuit which took eight years of litigation have
finally come to an agreement on what benefits the company will pay. The
lawsuit filed by those who lived, worked, or attended school in Nitro
during those years was finalized in 2012 ahead of what was expected to
be a long and complicated trial. The plaintiffs sued and were awarded
medical monitoring for health effects of dioxin as well as environmental
cleanup on their property.
This
week a claims office opened in Nitro to begin registering members of
the class for the benefits included in the $93 million settlement.
"The
court's direction is to have the office open for 120 days or until
October 31st," said Charleston attorney Tom Flaherty. "We're trying to
get the word out as best we can."
Flaherty
said more than 5,000 people who pre-registered have received letters.
Letters have also been sent to the entire class area. They also hope to
reach former residents who may have moved away, but still qualify for
the monitoring. Those wishing to register can call 1-877-673-5049.
"Under
the court's order the program for getting benefits is a 30-year
program," he said. "But there's a narrow window of 120 days and they
have to register to get them between now and October 31st."
Flaherty said it's a small hurdle when considering the length of the lawsuit which is now final.
Under
the settlement, Monsanto agreed to a 30-year medical monitoring
program. The settlement designates $21 million for testing and a
subsequent fund of $63 million to continue treatment depending on the
level of dioxin found in the tests.
If
the testing reveals a claimant is suffering adverse health effects from
dioxin, the victim retains the right under the language of the
settlement to sue for personal injury from the company.
Additionally the company will spend $9 million to clean up 4,500 homes.
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