Duly Noted

Families in Kent County file PFAS water contamination suit against Wolverine World Wide, Inc.



Note: This is a follow-up to an article which appeared in the Gand Rapids Legal News for December 6, 2017.

The Berezofsky Law Group, LLC based in Cherry Hill, N. J. and Philadelphia, PA, in conjunction with Sommers Schwartz, P.C.. based in Southfield, Mich., and Wexler Wallace LLP based in Chicago, Ill., have filed claims against Wolverine World Wide (WWW) on behalf of families in the Wellington Ridge Development in Kent County. The lawsuit alleges that WWW’s disposal of waste containing toxic chemicals including PFOA and PFOS, over a period of decades, caused the contamination of the residents’ private wells at levels up to 9,800 PPT, resulting in personal injuries and property damages.

The Complaint, Moen, et al. v. Wolverine World Wide, Inc., et al. (Case No. 18-01837-NI), filed on Feb. 22, in Kent County Circuit Court, alleges that PFAS chemicals migrated from WWW dump sites into Plaintiffs’ well water. Claims asserted include negligence, public nuisance, private nuisance, fraudulent concealment, battery, and intentional infliction of emotional distress. The complaint also includes claims for remediation, alternative safe water supplies, and biomedical surveillance for early diagnosis and treatment of diseases linked to exposure to these toxic chemicals.

News reports indicate WWW used Scotchgard, a 3M product containing perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA) in its manufacturing process. Exposure to PFOS and PFOA has been linked to various forms of cancer, thyroid problems, and other diseases.

“Our clients’ wells are contaminated with PFOA and PFOS at extremely high levels, many times the lifetime health advisory levels.” says Esther Berezofsky, of the Berezofsky Law Group. Her firm also represents residents of Flint harmed by lead contaminated drinking water, as well as PFAS contaminated water in Hoosick Falls and Petersburgh, N.Y.

Plaintiffs also allege that Abby Construction failed to disclose that the land on which it built Plaintiffs’ homes was a WWW disposal site, and that Abby failed to conduct required due diligence to ensure it was safe for human habitation.

“Wolverine’s self-serving conduct has adversely impacted our clients’ lives by putting at risk their health, well-being and property” says Edward Wallace, a partner at Wexler Wallace.