PERRINE V. DU PONT DE NEMOURS AND COMPANY SETTLEMENT
Below, please find a summary of Settlement milestones for April 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.
A. MEDICAL MONITORING PROGRAM
Round 3 of testing began November 1, 2015, and, as April 2016 came to a close, 465 Claimants had scheduled appointments in Round 3 of testing.
Bridgeport Express Care, one of our participating physicians, suggested conducting the medical exam and doing the lab work for a Claimant during the one visit when the claimant shows up for the first appointment, and then contacting the Claimant by phone or mail with the results. This may be easier for the Claimant instead of the current practice of doing lab work, followed by a medical exam with lab work review, requiring two visits. In December, the Medical Monitoring physicians were polled to see if they have a preference: 3 like the proposed new method, 2 like the old, and 1 was neutral. Beginning January 1, 2016, 4 began to use the new method and 2 still used the old. We have compared the two methods for participation, with great results: Bridgeport Express Care has over 80% of the Round 3 Participants. We tried to arrange a meeting on April 8, 2016, with Bridgeport Express Care and the other Medical Monitoring Providers to discuss this very positive development, but the Clinics did not attend. We are therefore arranging meetings at the Clinics on May 4, 2016.
B. PROPERTY CLEAN-UP PROGRAM
There are 1,062 Property Clean-Up Registration Program claims, with no additional claims being allowed, due to the Absolute Bar Date Order on the website signed by the Court on February 2, 2016, with no right to appeal.
By Order dated May 1, 2012, the Court selected NCM as the clean-up contractor, and as April 2016 came to a close NCM had completed remediating 227 parcels of soil (Zone 1A only) of the 228 parcels to be remediated (99% complete) and 571 houses of the approximately 581 houses to be remediated (98 % complete). The one (1) additional Zone 1A soil property to be cleaned above was mistakenly classified previously as a Zone 1B property, that was tested, and is contaminated. It will be remediated in the Spring of 2016. On April 20, 2016 we submitted to the Court for review and possible approval an NCM change order for this one remaining Zone 1A soil property. All contaminated houses in Zone 1 (except for 1 Zone 1A Claimants and 2 Zone 1B Claimants being admitted to the Settlement late) and Zone 2 (except for 1 Zone 2 Claimants being admitted to the Settlement late) have been remediated, with Zones 1B and 2 having been audited, and 6 houses in Zone 3 remaining to be remediated.
In April, we continued to prepare for the final phase of the Property Clean-Up prior to the possible payment of a dividend and we continued working on the Road Improvement Program. The Road Improvement Program’s actual road repair portion was approved by Court Order dated February 12, 2016 on our website. On March 16, 2016, we received two bids in response to our February 24, 2016 RFP, and we interviewed the two bidders on March 25, 2016. On April 1, 216, we selected J.F. Allen Company as the successful bidder for the Road Improvement Program, and this selection and the contract with J. F. Allen was approved by Court Order dated April 14, 2016 on our website.
We compiled in April, the results of the March 25, 2016 Claimant town meetings respecting the appropriate disbursement of the Property Remediation Program Surplus, and had J. F. Allen price out the additional community alley and ditch improvements requested by the Claimants. We meet with the Claimants Committee on May 4, 2016, to review the resulting Report to the Court.
We continued to have weekly update calls with NCM and to use a web-based confidential remediation database, being updated by the Settlement, NCM and CORE (the post-remediation testing company) on a real-time basis.
C. ADDITIONAL MILESTONES
Through April 30, 2016, there have been approximately 17,985 telephone calls from Claimants to the Claims Office, and 8,114 Claims Office visits by Claimants.