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Class action lawsuit filed against Perdue AgriBusiness over elevated PFAS
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Class action lawsuit filed against Perdue AgriBusiness over elevated PFAS

A class action lawsuit has been filed against Perdue AgriBusiness after elevated levels of PFAS (per- and polyfluoroalkyl substances), also known as “forever chemicals,” were detected in the groundwater surrounding the Perdue AgriBusiness facility at 6906 Zion Church Road in Salisbury, Maryland.

According to Perdue, the elevated PFAS levels were revealed by test results from August 2024. Perdue came forward with his findings over two weeks ago and has since sent letters to all 550+ homeowners in the interest of transparency about the current situation. .

Now, Baird Mandalas Brockstedt and Federico (BMBF) a law firm specializing in environmental damage and toxic tort cases represents the affected residents. BMBF’s class action lawsuit was filed on October 11, 2024 in the United States District Court for the District of Maryland.

The plantiffs Rachel M. Chaney, Doug C. Davis, Julie M. Davis, Gary W. Doss and Rebecca R. Doss all live in the area of ​​the defendant, Perdue Agribusiness.

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What damages from Perdue are the plaintiffs seeking in this lawsuit?

In filing the lawsuit, an attorney for BMBF said the company believes in clean air and water in this specific case, clean water for drinking, bathing, cooking and irrigating vegetables and crops are fundamental human rights.

“The damages fall into three parts, if you will,” BMBF attorney Chase Brockstedt said of the damages or actions the plaintiffs are seeking with this civil suit against Perdue.

The damages claimed, which fall into three categories, are as follows:

  1. Remediation
  2. Material damage
  3. Heather influences

“The first bucket is called recovery. Recovery is about identifying what is causing the problem and forcing Perdue to fix that problem. So recovery is about solving the problem and cleaning up the mess,” Brockstedt said .

“The second item of damage is related to the decline in property values. The value of people’s property will be affected by the presence of chemicals in their groundwater forever. So we create a money supply to compensate people for their loss of property value is also something that is very important,” he continued.

“The third bucket is related to the injuries or health effects caused by (PFAS exposure),” Brockstedt said. This includes compensation for physical injuries and injuries, as well as medical monitoring for affected residents in the future, so that each resident receives the care he or she needs as quickly as possible.

BMBF attorneys have a history of successful environmental litigation, including the $205 million groundwater pollution settlement for the community of Millsboro, Delaware, against the chicken processing company Mountaire and the $103 million air and water pollution settlement for communities in North Carolina and South Carolina against New -Carolina. Indy paper mill.

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Potential serious health risks caused by elevated levels of PFAS

As of Tuesday, October 15, 2024, the source of the PFAS is still unknown and under investigation. PFAS are found in a number of everyday consumer products, but can also be harmful to humans.

Additional testing found that nitrates, which often come from agricultural practices, were present in groundwater samples near the facility, posing additional health risks. Exposure to PFAS and nitrates is linked to several serious health problems, including multiple forms of cancer, according to BMBF.

Due to their resistance to biodegradation, hydrolysis and photolysis and high resistance to virtually all methods of traditional treatment and/or eradication, PFAS persist in the environment – ​​and in the human body – long after their initial discharge, consumption or absorption, as noted in the lawsuit.

“We want to work closely with the Maryland Department of Environment (MDE) to find that source,” Vice President of Sustainability at Perdue Drew Getty previously told Delmarva Now.

Under state supervision, the MDE has requested Perdue test certain properties near its factory. Perdue has said it is important to note that the emerging concern is not related to municipal water.

This ongoing investigation comes just months after Perdue Agribusiness paid $12 million for air pollution violations.

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“This is a very, very serious case. These are serious chemicals. There are health consequences that could be catastrophic and even fatal. We very much agree to work on this case as quickly as possible and, hopefully, in combination with Perdue,” said attorney Brockstedt.

“Perdue is a long-time employer. It’s a pillar of the community. We’re not trying to close Perdue, we’re not trying to cut jobs,” he continued. “We have experience working with large companies in these types of cases where we work together to solve the problem.”

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Perdue responds to lawsuit over PFAS groundwater contamination

Perdue AgriBusiness issued the following statement to Delmarva Now regarding the civil suit on Tuesday, October 15, 2024:

“Perdue AgriBusiness is aware of a lawsuit regarding the detection of PFAS in the groundwater at our Zion Church Road facility. This is an evolving situation and the presence and source of PFAS in nearby residential wells has not yet been determined. We We acknowledge the concerns this may cause to nearby property owners and as we have previously shared, we are fully cooperating with MDE and are actively exploring all options, including other potential resources in the area.

“Our commitment to being a responsible neighbor is unwavering. We have hired a third-party expert to conduct tests on well water at properties within the prescribed radius of our facility to help determine if PFAS are present in the water. We have always prioritized the water safety and well-being of our community, and this case is no exception and will continue to work transparently with our neighbors and community throughout this process.”

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Olivia Minzola covers communities on the Lower Shore. Contact her for tips and story ideas at [email protected].