PERRINE V. DU PONT DE NEMOURS AND COMPANY SETTLEMENT
Below, please find a summary of Settlement milestones for November 2016:
During the month, much was accomplished in carrying 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 the Settlement is now conducting remaining repairs to remediation impacted properties, Spelter road repairs necessitated by the remediation, and infrastructure improvements recently approved by the Court, as described below. Phase 3 of the Medical Monitoring Program (a phase is conducted every two years) has been completed, and the Medical Monitoring Medical Panel was selected by the Court this month.
A. FINANCIAL MATTERS
On November 23, 2016, the Finance Committee held its quarterly meeting at the Spelter, West Virginia, Fire Station, and the Settlement’s financial statements for the period ended September 30, 2016 were reviewed.
B . MEDICAL MONITORING PROGRAM
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. We held a quarterly meeting of the Program on November 23, 2016, with the main topics being discussion of the future of the Program in light of the low Claimant participation rate, and activation of the Medical Panel for the Program, which was required by a previous Court Order to be done on the 5th anniversary of the Program, which is November 1, 2016. In October 2016 the Finance Committee agreed on the criteria for the selection of the Medical Panel, and selected the panel nominees for Court review, with a Report to the Court on this matter being submitted November 1, 2016. By Order dated November 3, 2016, the Court selected the initial Medical Panel, which has the following 3 Members: (i) Bruce R. Phitt, Ph.D. of the University of Pittsburgh Graduate School of Public Health as Chair; (ii) Peter L. Perrotta, M.D. of West Virginia University as Pathology Expert; and (iii) Maria M. Kolar, M.D. of West Virginia University as Internal Medicine Expert.
C. PROPERTY CLEAN-UP PROGRAM
Remediation of the Class Area was completed in June 2016, with the Settlement now conducting post-remediation winding-up matters described below.
On September 23, 2016, the West Virginia Department of Highways (“DOH”) provided the Settlement the necessary permit to carry out these Zone 1A improvements. These improvements began in October, and we are in the process of obtaining a construction schedule from J.F. Allen, the improvement contractor.
The approximately $4 Million surplus distribution Fairness Hearing was held on June 22, 2016, at 8:30 a.m., as scheduled. About 50 Claimants attended the hearing and 6 spoke to the Court. An Order was issued by the Court on this matter on July 13, 2016, approving all Spelter infrastructure improvements requested by the Claimants and the payment of the balance to the Claimants as a dividend. The Order is on the website. The dividends are tentatively scheduled to be distributed on December 14 and 15, 2016 at the Spelter Fire Station.
J.F. Allen, the Zone 1A infrastructure improvements contractor, began work in October 2016. On November 14, 2016, infrastructure improvements associated with the Zone 1A roads, like sidewalks and drains, were completed. On that date, Zone 1A road repaving began. It is projected to be completed by the end of December 2016.
There was an October 12, 2016 hearing with the Court to review Zone 1A infrastructure improvement issues, and to obtain guidance in the preparation of class dividend payments. The Court approved the Settlement’s proposed guidelines and the approval Order was signed by the Court on October 28, 2016. On November 23, 2016, we submitted a report to the Court, submitting in camera the specific dividend payments for Judicial review and approval. The Court entered an Approval Order on November 30, 2016.
We continued to have weekly update calls with NCM, focusing on post-remediation issues.
C. ADDITIONAL MILESTONES
Through November 30, 2016, there have been approximately 18,907 telephone calls from Claimants to the Claims Office, and 8,316 Claims Office visits by Claimants.