Frequently Asked Questions

People received a Notice of Class Action Settlement if they had been identified as a potential member of the class on whose behalf class-wide claims will be settled under the Class Action Settlement that the Court approved on August 4, 2021. The case involved in this Class Action Settlement is Campbell v. Tyco Fire Products LP, Chemguard Inc. and ChemDesign Products Inc., No. 2:19-cv-00422- RMG. The federal Court in charge of this case is the United States District Court for the District of South Carolina, the Honorable Richard M. Gergel presiding. The people who sued are called the Plaintiffs, and the companies they sued are called the Defendants.

The claims in the case are described in greater detail in the FAQ below, “What are these lawsuits about?”. The people covered by the Class Action Settlement (“the Class Members”) are individuals who:

• During the period between January 1, 1965 and December 31, 2020,
• resided in or owned,
• a property with a Private Well Drinking-Water Source, 
• within the area bounded in the north by University Drive, in the south by Heath Lane, in the west by Roosevelt Road and in the east by the Bay of Green Bay, all in the Town of Peshtigo, Wisconsin,
• for at least one year.

The Court approved this notice being sent to Class Members who have a right to know about the settlement of class-wide claims, and about their options and opportunity to object to the Class Action Settlement. Because the Court granted final approval of the Class Action Settlement on August 4, 2021, the parties will proceed to fulfill their obligations in accordance with the terms of the Settlement Agreement, after any appeals are resolved.

Public Notice of the settlement has been provided as follows:

• • February 15, 2021: Settlement website published
  • February 16, 2021: Social media advertising began
  • February 17, 2021: Internet search advertising began
  • March 3, 2021: Newspaper advertising began (Peshtigo Times)
  • March 5, 2021: Newspaper advertising began (Eagle Herald)
  • March 8, 2021: Newspaper advertising began (Times’ Saver)
  • March 8, 2021: Radio advertising began
  • March 9, 2021: Hard-copy notice mailed to class members
  • March 9, 2021: Internet display advertising began

Tyco Fire Products LP owns and operates a Fire Technology Center at 2700 Industrial Parkway, in Marinette, Wisconsin, located to the north/northwest of the Class Area. This case arises from Defendants’ alleged releases of per- and poly-fluoroalkylated substance (“PFAS”), including perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS), into the groundwater at the Fire Technology Center, which subsequently made its way to private well drinking water sources in the Class Area. In 2018, Class Counsel filed an individual and class action lawsuit against Defendants alleging that their releases have impacted and continue to impact the private drinking water wells in the Class Area, causing loss of property value and damages related to exposure to PFAS. The court filings setting forth the Plaintiffs’ claims against the Defendants may be viewed here. That website also contains other relevant filings in this case.

Defendants deny the allegations in this lawsuit and specifically deny and dispute the factual, scientific, medical, or other bases asserted in support of Plaintiffs’ claims, including the Class Representatives’ demands for damages related to PFAS, including PFOA and PFOS.

In a lawsuit asserting “class” claims, also called a class action, one or more people, called Class Representatives, sue on behalf of people who may have similar (“class-wide”) claims. All of the people represented by the Class Representatives for these class-wide claims are “the Class” or “Class Members.” One court presides over the class-wide claims when the court determines these claims should be addressed in one proceeding for all Class Members. 

On January 25, 2021, U.S. District Court Judge Richard M. Gergel preliminarily approved the settlement of the class claims, and on August 4, 2021, he granted final approval of the Class Action Settlement.

As to the class-wide claims being settled in this case, a fund will be created to compensate Class Members who claim to have suffered exposure to PFAS and/or harm to their real property allegedly as a result of the presence of PFAS in private well drinking water in the Class Area.

The Court did not decide in favor of the Class Representatives or Defendants in this case. The Class Representatives, with the advice of Class Counsel, and Defendants agreed to the terms of this Class Action Settlement to avoid the cost, delay, and uncertainty that would come with additional litigation and trial. The Class Representatives and Class Counsel think the Class Action Settlement is best for Class Members because it provides certainty and provides relief now with respect to the class-wide claims. The agreement to settle is not an admission of fault by Defendants. Defendants specifically dispute the claims asserted in this case, including the claims of damages related to PFAS.

Judge Gergel has certified a class which includes everyone who fits the following description:

All persons who currently reside or formerly resided in or currently own or formerly owned, (i) a property with a Private Well Drinking Water Source; (ii) within the Class Area; (iii) for at least one (1) year during the Class Period. The Class Area is the land within the area bounded by the north by University Drive, in the south by Heath Lane, in the west by Roosevelt Road and in the east by Bay of Green Bay, all in the Town of Peshtigo, Wisconsin.

Those who were determined to possibly be a member of the class described above received a Notice of Class Action Settlement.

The Defendants in this action are Tyco Fire Products LP, Chemguard Inc., and ChemDesign Products Inc. All the Defendants are included in this proposed Class Action Settlement.

With the benefit of the matters discussed at the May 24, 2021, Fairness Hearing and after further discussion between the parties, the parties submitted to the Court certain modifications to the Class Action Settlement Agreement to clarify that individual personal injury claims are not within the scope of the class-wide claims being settled or released and will be addressed separate and apart from this class-wide settlement. The current modifications to the Class Action Settlement Agreement in this regard are reflected in the Fourth Amended Class Settlement Agreement, which was executed July 26, 2021 (“Fourth Amended Agreement”), and is posted in the “Important Documents” portion of this website.

In particular, the Fourth Amended Agreement clarifies the language in Section 4.2(c) and Paragraph 12 of Exhibit B to the Class Action Settlement Agreement, includes conforming changes, and updates certain facts in Sections 3.3(d) and (f). The provisions are otherwise unchanged from the Second Amended Agreement. 

Certain provisions of the Class Action Settlement are described in the Class Notice, but the documents on file with the Court set forth the Class Action Settlement and its terms more fully, and they control. Those documents are available for you to review here. 

Under the Class Action Settlement, Class Members may obtain “class benefits,” which include: (a) payments to resolve claims by residents for damages due to exposure to PFAS (“Exposure Class Damages”); and (b) payments to resolve claims by property owners for damages due to loss of value to real property (“Property Class Damages”). The Class Action Settlement provides for Defendants to pay a Total Class Settlement Amount of $15 million ($11 million for Property Class Damages and $4 million for Exposure Class Damages) to resolve the class-wide claims of Class Members. Any settlement of individual Manifest Personal Injury/Damages claims of Class Members would be handled by such Class Members separately and apart from settlement of these class-wide claims though whatever counsel the individual Class Member may retain in that regard. Any monies paid by check from the Property Class Damages or Exposure Class Damages settlement funds that are not cashed by eligible Class Members will escheat (transfer) to the state of Wisconsin.

This case is one of many cases across the country that are consolidated in multidistrict litigation proceedings (“MDL”) before the Federal Court in South Carolina. All of the cases allege damages attributable to PFAS from aqueous film-forming foam (“AFFF”). Under an order previously issued by the AFFF MDL court, 9% of any settlement proceeds in these cases must be paid toward attorneys’ fees and expenses incurred in connection with the overall prosecution of the AFFF MDL. Because this case is part of the AFFF MDL, 9% of the Total Class Settlement Amount will be deducted before the balance of the settlement proceeds will be distributed. (This 9% will be $1.35 million from the $15 million class fund). This will leave $13.65 million for Class Members for class claims. After considering the materials and arguments of all parties submitted in connection with the Fairness hearing for this Class Action Settlement, the Court also has ordered that attorneys’ fees in the amount of $4,999,500 and costs in the amount of $393,754.60 be deducted from the Total Class Settlement Amount and paid to Class Counsel. 

The process for resolving all claims for Property Class Damages and Exposure Class Damages has been evaluated for fairness by the court as to all Class Members. Because the Court has now approved the class aspects of the Class Action Settlement, the class claims for property damage and exposure will be determined by the Settlement Administrator for all Class Members who do not opt out of the Class Action Settlement.

More specific information on potential ranges of class settlement benefits available to each participating Class Member can be found here. 

Now that the Court has entered final approval of the Class Action Settlement, the settlement provides that Class Members, in exchange for the class benefits, will release and agree not to sue Defendants for any and all past, present or future claims, demands, obligations, causes of action, rights, damages, costs, attorneys’ fees, loss of services, earnings or consortium, future medical expenses, expenses and compensation of any nature whatsoever, whether based on tort, contract (express, implied or otherwise), statute or any other theory of recovery, and whether for compensatory or punitive damages, that the Class Members now have or may hereafter accrue or otherwise be acquired, in any way, including those arising out of or relating to (i) the acts, omissions or events alleged in the Action, (ii) the Class Members’ alleged exposure to or consumption of PFAS, (iii) the alleged presence of PFAS in, on, or around any property owned or occupied by the Class Members, including the Class Members’ homes and drinking water wells, and (iv) the alleged presence of PFAS in the Class Members’ water supply. The release will not, however, include any presently known or future discovered Manifest Personal Injury/Disease Claims

Defendants deny the claims in this case. If you have questions about the Class Action Settlement, please do not contact Defendants. Instead, you should contact Class Counsel at:

Paul J. Napoli, Esq., PNapoli@NSPRLaw.com
Hunter Shkolnik, Esq., Hunter@NSPRlaw.com

Napoli Shkolnik PLLC
270 Munoz Rivera Ave, Ste 201
Hato Rey, PR 00918
(787) 493-5088 

Robert A. Bilott, Esq., bilott@taftlaw.com
Taft Stettinius & Hollister LLP
425 Walnut Street, Suite 1800
Cincinnati, OH 45202-3957 (513) 381-2838

To claim Real Property Class Damages and/or Exposure Class Damages, you will be required to submit a sworn declaration that certifies as truthful records sufficient to demonstrate that: 

• (1) you resided in or owned* a residential property in the Class Area for at least one year between January 1, 1965 and December 31, 2020; and, if applicable, 
• (2) you drank, cooked with, bathed in, or otherwise were exposed to water supplied from a Private Well Drinking Water Source. 

The claim form deadline for Real Property and/or Exposure Class Damages may be as soon as October 22, 2021. This is because the Claim Form Deadline for Real Property and/or Exposure Class Damages is 49 days after the Effective Date of the Settlement, which depends on whether there are appeals of the Court’s August 4, 2021, final Order approving the Class Action Settlement. For more information about the timing of the Effective Date, please see the Long Form Class Notice in the “Important Documents” section of the website.

*To receive Real Property Class Damages you must be a current or former owner of property in the Class Area. To receive Exposure Class Damages you must be a current or former resident in property within the Class Area.

No. Tyco has separately offered or been providing an alternative source of water – such as bottled water, a Point of Entry Treatment (POET) system, a municipal water line connection, or some other permanent drinking water source – to some residents within a portion of the Class Area.  Tyco does not currently intend to expand access to these alternative sources of water beyond the range Tyco refers to as the “Study Area,” which is smaller than the Class Area. See the map below.

Tyco is negotiating separately with the Wisconsin Department of Natural Resources (WDNR) and local municipalities regarding provision of alternative sources of water. Whether any particular property within the Class Area is eligible for an alternative source of water will be addressed through these separate negotiations. This Class Action Settlement does not affect those negotiations and does not affect the alternative water sources Tyco has already offered or been providing to residents in the Study Area. 

It is very important to note that all Class Members will be releasing their right to sue Defendants to obtain an alternative water source, even if the Class member does not make a claim under the Class Action Settlement. A Class Member will retain that right only if they formally opt out of the Class Action Settlement and forego any and all of the benefits offered under the Class Action Settlement.

This means that, if you are a Class Member who owns property outside of the Study Area, you must consider your options carefully, because there is no current commitment by Tyco to provide you with clean water. Class Members who own property with a private drinking water well that has not yet been tested for PFAS may request testing through this Class Settlement, and the test will be paid for by Defendants Tyco and Chemguard. These test results will not affect whether Tyco will provide an alternative water source, but may affect a Class Member’s decision whether to submit a claim or instead opt out. Please immediately let Class Counsel know if you want Defendants to test your private well.

Please note that the timing of test results will vary depending on the timing of the request, laboratory processing times, and mailing times, which may be affected by pandemic-related delays and is not controlled by Class Counsel or Defendants.

The Court approved the law firms of Napoli Shkolnik PLLC and Taft Stettinius & Hollister LLP as Interim Class Counsel to represent you and other Class Members solely with respect to obtaining class benefits. You will not be charged for these lawyers. If you want to be represented by your own lawyer, including with respect to pursuing any individual, currently known or future discovered Manifest Personal Injury/Disease Claims, you may hire one at your own expense. 

As part of the final approval of the Class Action Settlement, Class Counsel asked the Court to approve payment of their reasonable attorneys’ fees and expenses related to their work for the Class in this case.

Class Counsel made their request for Attorneys’ Fees and Expenses through a motion filed with the Court prior to the date of the Fairness Hearing and prior to the deadline for Class Members to file their Objections. A copy of Class Counsel’s motion is posted on this website.

The Court considered the materials and arguments of all who submitted information on the attorneys’ fee and costs issues in connection with the class fairness hearing and entered an Order on August 4, 2021, approving payment of Class Counsel’s attorneys’ fees (in the amount of $4,999,500) and costs (in the amount of $393,754.60).These amounts will come out of the $15 million class settlement fund. Defendants did not oppose Class Counsel’s request for such fees and expenses.

If you do not want to participate in the Class Action Settlement, you must exclude yourself by filing a written request for exclusion. If you exclude yourself, you will receive none of the class settlement benefits, but will be free to pursue on your own behalf and at your own expense whatever legal rights you may have. Written requests for exclusion must be signed and include the potential Class Member’s name, address, and telephone number, and expressly state the desire to be excluded from the Settlement Class in Campbell v. Tyco Fire Products LP, No. 2:19-cv-00422- RMG. Such request must be (a) filed with the U.S. District Court Clerk, identifying this Action and its case number, postmarked on or before September 3, 2021, (which is the end of the Opt Out Period), and (b) sent by first-class mail to both Class Counsel and Defendant’s counsel and postmarked on or before September 3, 2021, at the following addresses:

1) U.S. District Court Clerk:
Robin L. Blume
Clerk of Court, United States District Court for the District of South Carolina Charleston Federal Courthouse
85 Broad Street
Charleston, SC 29401

2) Class Counsel:
Paul J. Napoli, Esq., PNapoli@NSPRLaw.com
Hunter Shkolnik, Esq., Hunter@NSPRlaw.com
Napoli Shkolnik PLLC
270 Munoz Rivera Ave, Ste 201
Hato Rey, PR 00918
(787) 493-5088 

Robert A. Bilott, Esq., bilott@taftlaw.com
Taft Stettinius & Hollister LLP
425 Walnut Street, Suite 1800
Cincinnati, OH 45202-3957
(513) 381-2838

3) Counsel for Tyco Fire Products LP and Chemguard, Inc.:
Joseph G. Petrosinelli, Esq.
Liam J. Montgomery, Esq.
Williams & Connolly, LLP
725 12th Street, N.W.
Washington, DC 20005

4) Counsel for ChemDesign Products, Inc.:
J. Hayes Ryan, Esq.
Jonathan B. Blakley, Esq.
Gordon Rees Scully Mansukhani, LLP
1 N. Franklin Street, Ste. 800
Chicago, IL 60606

If you are a Class Member, you had the ability to object to the settlement of class-wide claims if you didn’t like any part of it. The Court then considered all those views during the final fairness hearing in May 2021. You had the right to object to the settlement of class-wide claims without first opting out of the Class Action Settlement by sending a letter saying that you objected to the Campbell v. Tyco Fire Products LP Class Action Settlement, and specifically stating your objections. You were required to include your name, address, telephone number, and your signature; indicate whether you are a current or former employee, agent, or contractor of any Defendant or Class Counsel; and provide a detailed statement of the reason why you objected to the settlement of class claims. All such objections were required to be mailed to the four places listed below, postmarked no later than March 29, 2021:

1) U.S. District Court Clerk:
Robin L. Blume
Clerk of Court, United States District Court for the District of South Carolina Charleston Federal Courthouse
85 Broad Street
Charleston, SC 29401

2) Class Counsel:
Paul J. Napoli, Esq., PNapoli@NSPRLaw.com
Hunter Shkolnik, Esq., Hunter@NSPRlaw.com
Napoli Shkolnik PLLC
270 Munoz Rivera Ave, Ste 201
Hato Rey, PR 00918
(787) 493-5088
or
Robert A. Bilott, Esq., bilott@taftlaw.com
Taft Stettinius & Hollister LLP
425 Walnut Street, Suite 1800
Cincinnati, OH 45202-3957
(513) 381-2838

3) Counsel for Tyco Fire Products LP and Chemguard, Inc.:
Joseph G. Petrosinelli, Esq.
Liam J. Montgomery, Esq.
Williams & Connolly, LLP
725 12th Street, N.W.
Washington, DC 20005

4) Counsel for ChemDesign Products, Inc.:
J. Hayes Ryan, Esq.
Jonathan B. Blakley, Esq.
Gordon Rees Scully Mansukhani, LLP
1 N. Franklin Street, Ste. 800
Chicago, IL 60606

IMPORTANT NOTE: Now that the Court has entered its final Order approving the Class Settlement, those Class Members who timely filed objections  have thirty (30) days from the date of the Court’s final August 4, 2021, Order (until September 3, 2021) to opt out of the class following the procedure set forth here.

The Court held a Fairness Hearing on May 24, 2021, at the United States District Court for the District of South Carolina, 83 Meeting Street, Charleston, South Carolina 29401. At this hearing, the Court considered whether the settlement of the class-wide claims was fair, reasonable, and adequate. The Court also considered all objections that had been timely submitted Following that hearing, the parties further discussed issues raised during the hearing and by objectors and modified the Class Action Settlement accordingly, as memorialized in the Fourth Amended Agreement. On August 4, 2021, the Court issued its final Order approving the Class Action Settlement, as set forth in that Fourth Amended Agreement.

You were not required to come to the Fairness Hearing but you were welcome to come at your own expense. If you sent an objection, you did not have to come to Court to talk about it. As long as you mailed your written objection on time, the Court considered it. You could also pay your own lawyer to attend, but it was not necessary.

You were permitted to ask the Court for permission to speak at the Fairness Hearing. To do so, you were required to send a letter saying that it was your “Notice of Intention to Appear in the Fairness Hearing for Campbell v. Tyco Fire Products LP, Chemguard Inc. and ChemDesign Products Inc., No. 2:19- cv-00422-RMG.” You were required to include your name, address, telephone number, and your signature. Your “Notice of Intention to Appear” had to have been postmarked no later than March 29, 2021, and had to have been sent to the four addresses listed in the “Objecting to the Settlement” section of this Notice.

If you do nothing at all and you are a Class Member, you will be bound by the release of Defendants in the lawsuit as described above (which does not include any presently known or future discovered Manifest Personal Injury/Disease Claims) as described earlier. If you do not submit a claim form, you will not receive payment for any class-based compensation benefits, even if you are eligible for them.

DO NOT CALL the Court or Defendants with questions about this Class Action Settlement. If you have questions about the Class Action Settlement, you should contact Class Counsel at:

Paul J. Napoli, Esq., PNapoli@NSPRLaw.com
Hunter Shkolnik, Esq., Hunter@NSPRlaw.com
Napoli Shkolnik PLLC
270 Munoz Rivera Ave, Ste 201
Hato Rey, PR 00918
(787) 493-5088 

Robert A. Bilott, Esq., bilott@taftlaw.com
Taft Stettinius & Hollister LLP
425 Walnut Street, Suite 1800
Cincinnati, OH 45202-3957
(513) 381-2838

A class member may have up to two different claims for class benefits, and may obtain payment for each claim that applies: (1) a Property Ownership Claim or (2) an Exposure Claim.

The amount that will be paid for a Property Ownership Claim will depend on: (1) whether the claimant owns the Property now, or owned it in the past; and (2) the amount of PFAS in the drinking-water well at the Property. Note that the Claims Administrator will recognize only one owner of a Property at a time. Thus, for example, a husband and wife who live in and own a Property will receive only one payment for a Property Ownership Claim.

The amount that will be paid for an Exposure Claim will depend on: (1) whether the claimant resides at the Property now, or in the past; and (2) the amount of PFAS in the drinking-water well at the Property. Note that there may be numerous residents at a Property, each of whom may make an Exposure Claim. Thus, for example, a husband and wife who live in and own a Property may each receive payment for an Exposure Claim. This would be in addition to any payment for a Property Ownership Claim. 

The chart below shows the amounts the Court-appointed Claims Administrator currently estimates will be paid for each type of class benefit claim. The final amounts paid, however, will depend on how many Class Members file each type of claim, and the total amount of the attorneys’ fees, expenses, and administrative costs for class claims approved by the Court. For example, the fewer Property Ownership Claims that are filed, the more each claimant will receive, because the total amount available for payments will be split amongst fewer individuals. Thus, the actual amounts paid could be more than or less than the estimates shown in the chart.

* If your private well has not been tested for perfluorinated chemicals, you may receive a free test at no expense to you. Defendants Tyco and Chemguard will pay for and obtain one Well Test for your Private Well Drinking Water Source if it has not already been tested. Please immediately let Class Counsel know if you want Defendants to test your private well.

In addition to the amounts shown above, Class Members may apply for additional payment from a Supplemental Ownership Fund and a Supplemental Exposure Fund. 

The Supplemental Ownership Fund will be used to pay Class Members who can show exceptional Ownership Damages. For example, if a Class Member’s property value or size is well above average, they may qualify for an additional amount. 

The Supplemental Exposure Fund will be used to pay Class Members who can show exceptional Exposure Damages. For example, if a Class Member can show high PFAS exposure for a long period of time, they may qualify for an additional amount. 

Any amounts not paid to individual Class Members from the Supplemental Ownership Fund and the Supplemental Exposure Fund for exceptional damages will be split pro rata amongst all other paid Class Members.