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Articles from The Exponent Telegram:
    Remediation Completed in Spelter Smelter Class Action Suit (12-23-16)
    Spelter Smelter Settlement Winding Down in Harrison County (1-18-16)
    DuPont Funded Property Cleanup Could be Finished by End of 2015 (9-18-14)
    A Town Meeting was Held (9-29-12)
    CDC Rule Focus of Hearing in DuPont Class-Action (8-31-12)
    County to Appeal Exclusion from DuPont Lawsuit Cleanup (6-8-12)
    Spelter Smelter Settlement to Allot Monies for Families Who Relocate (5-30-12)
    Spelter Smelter Class-Action Cleanup Begins (5-16-12)
    Cleanup in Spelter Class-Action Suit Slated to be Finished in 2014 (5-10-12)
    Judge Issues Ruling on Spelter Cleanup (5-5-12)
    Judge to Rule on DuPont Spelter Smelter Cleanup Terms (5-2-12)
    Bids Submitted for Spelter Remediation (5-1-12)
    Spelter Area Residents Beginning 30 Years of Medical Monitoring as Part of Settlement (3-19-12)
    Property Cleanup Begins in Spelter (11-2-11)
    Bedell Orders DuPont to Make $2.8M Initial Payment (10-25-11)
    Judge Rules Two Can Take Part in DuPont Medical Monitoring (10-12-11)
    DuPont Settlement a Sign of True Corporate Power (10-10-11)
    DuPont Says 3,500 Enrolled in Spelter Monitoring Plan (9-13-11)
    Spelter Area Residents Signing Up for Land, Home Cleanups (7-20-11)
    First Town Meetings Held in Wake of DuPont Lawsuit (7-12-11)
    Bedell Rules on Spelter Cleanup (6-29-11)
    Spelter Soil Cleanup Debated in Harrison County Courtroom (6-3-11)
    Judge Raises Registration Payout in DuPont Suit (4-29-11)
    DuPont Claims Office Receives Medical Monitoring Applicatioin Forms (4-19-11)
    Town Hall Brings Together DuPont, Spelter Residents (3-2-11)
    Spelter Town Hall Photograph (3-2-11)
    1,000 Apply So Far for Medical Monitoring (3-11)
    DuPont Prepares Letters on Health Monitoring Program (2-9-11)
    Lawsuit Claims Office Now Open in Spelter (2-1-11)

Property Town Hall Meeting Video:

Letter to Property Owners in Zone 1A about Soil Clean-Up and House Clean-Up Program with Registration Form (6-27-11)

Letter to All Class Area Property Owners about House Clean-Up Program with Registration Form (6-27-11)

Property Clean-Up Program Fairness Hearing Video:

Town Hall Meeting Video:

Medical Monitoring Registration Form

Property Program Questionnaire 

Below, please find a summary of Settlement milestones for November 2017:

During the month, we carried out both the Medical Monitoring Program and the Property Clean-Up Program, after timely beginning on November 1, 2011. The Property Clean-up, itself, was completed in June 2016, and in December 2016 the Settlement substantially completed the remaining repairs to remediation impacted properties, Spelter road repairs necessitated by the remediation, and infrastructure improvements approved by the Court. Round 3 of the Medical Monitoring Program (a Round is conducted every two years) has been completed, and the Medical Monitoring Medical Panel was selected by the Court in November 2016.

In November, staffing costs of the Claims Office continued to be streamlined with the Claims office only being staffed with one clerical assistant.


Round 3 of testing began November 1, 2015, and was completed in September 2016. 554 Claimants scheduled appointments in Round 3 of testing. Testing is completed for Round 3, and testing for Round 4 will begin on December 15, 2017.

The Medical Panel has been directed by the Court to provide recommendations as to whether a health study in connection with the Medical Monitoring Program is recommended (see below), and submitted the Medical panel’s report to the Court April 24, 2017. Class Settlement Counsel filed their Response on May 24, 2017, and DuPont’s Response was filed on June 22, 2017. A hearing on this matter was held on July 18, 2017 and by Order dated August 4, 2017, the Court has requested final comments on this topic on September 15, 2017. Final comments were submitted by the Claims Administrator and Medical Panel, Dupont, Class Counsel and the Guardian Ad Litem.

The Medical Panel was also asked by the Court to determine if the Program’s testing protocols need to be updated. On June 23, 2017, the Panel filed its Report with the Court, recommending the protocols above and detailing them. At the July 18, 2017 hearing the Court has requested final comments on this topic on September 15, 2017. Final comments were submitted by the Claims Administrator and Medical Panel, Dupont, Class Counsel and the Guardian Ad Litem.

We began to prepare for the fourth round of testing, whether or not the Court modifies the Medical Monitoring Program possibly by inviting all 4,000 claimants initially indicating they are interested in the Program now to participate. In September, we updated the contact information for the 2,000 claimants that have been active, needing this information in all events.

At October 16, 2017, not having received an Order from the Court respecting possible modifications to the Program, the Settlement, in collaboration with the Finance Committee, decided to proceed with the fourth round of testing using the incumbent Program, but reserving the right to modify the Program in accordance with any Court Order.

On November 8, 2017, the Court entered a Letter Opinion, followed by a formal Order on November 28, 2017, deciding not to expand the group of additional Medical Monitoring claimants and not to implement a health study or incentive payments. There were some agreed-to modifications in testing, so that testing begins December 15 instead of December 1 to accommodate those changes.


Remediation of the Class Area was completed in June 2016, with the Settlement now conducting post-remediation winding-up matters described below.

In December 2016, J.F. Allen, the Zone 1A infrastructure improvements contractor, completed infrastructure improvements associated with the Zone 1A roads, like sidewalks and drains, as well as Zone 1A road repaving.

The approximately $4 Million surplus dividend claimant checks were distributed to the Claimants at the Spelter Fire Station on December 14 and 15, 2016. Dividend checks not picked up were mailed to the Claimants on December 16. Remaining first dividend distribution issues were addressed in September 2017.

At the end of January, we projected that there is a remaining Remediation Fund surplus of $600,000, initially discussing the matter with the Court and the January 31, 2017 hearing. At the request of the Court, addressing this issue has been expedited. To facilitate the Court’s determination of the best use of these funds, we provided the Remediation Claimants a questionnaire and held town meetings on the issue in February, filing with the Court on February 21, 2017, the resulting Claimant recommendations to the Court on this issue. A preliminary Court hearing on this matter was held on February 22, 2017.

The vast majority of Remediation Claimants voted and advocated that all the remaining Remediation Fund surplus be paid as a dividend to them, though a few suggested that some or all of it be used for the Medical Monitoring Program.

At the hearing, Class Counsel advocated that the Medical Monitoring Program have a health study to help the Medical Panel update testing protocols. DuPont opposed the health study. Class Counsel also suggested that DuPont pay for the health study instead of having the Remediation Fund surplus pay for it. The Claims Administrator estimated that the cost of such a study would be $300,000.

On March 9, 2017, the Court entered a Scheduling Order which first asked the Medical Panel to advise the Court and the Parties if a health study is useful in the revision of Medical Monitoring Program protocols. The next step under the Scheduling Order is for Counsel for the Parties to brief the Court on the utility of such a health study and who should pay for it. The Medical Panel’s Report was submitted to the Court on April 24, 2017. Class Counsel filed the Response May 24, 2017 and DuPont’s Response was filed on June 22, 2017.

The Court held a final hearing on the second dividend on July 18, 2017, and determined by Order dated August 4, 2017, that all $600,000 should be dividended to the claimants.

The resulting final dividend checks were distributed to the Remediation Class Claimants on October 10 and 11 at the Spelter Fire Station, and checks not picked up were mailed.

In November, we had our last weekly update calls with our Birmingham and Spelter staff, focusing on post-remediation issues, as they are now all resolved.


Through November 30, 2017, there have been approximately 20,896 telephone calls from Claimants to the Claims Office, and 8,848 Claims Office visits by Claimants.

In summary, during November 2017, the Finance Committee worked well with your Claims Administrator, and much was accomplished.