Military Families Triumph in Jet Fuel Contamination Lawsuit Against the Navy
In a significant legal victory, military families residing at Joint Base Pearl Harbor-Hickam, Hawaii, have successfully held the U.S. Navy accountable for jet fuel contamination of their drinking water. A federal judge ruled that the contamination caused illness and awarded damages to affected families.
U.S. District Court Judge Leslie Kobayashi found the Navy liable under the Federal Tort Claims Act for the 2021 spill at the Red Hill Bulk Fuel Storage Facility, near Honolulu. The judge determined the Navy must compensate the families for pain and suffering, potential future medical costs, and economic losses.
Judge Kobayashi’s opinion stated, “By a preponderance of the evidence, the court finds and concludes that [the] defendant is liable under the [Federal Tort Claims Act] and with the application of Hawaii law.”
The contamination incident affected up to 93,000 individuals, who were exposed to jet fuel and other pollutants following a pipe rupture at Red Hill, which released approximately 5,000 gallons of fuel into a well supplying drinking water to the base and surrounding areas.
Initially, Navy officials downplayed the situation, despite residents’ complaints about odors and symptoms such as nausea, vomiting, and headaches. It was later disclosed that the contamination stemmed from a major spill in May, which had persisted undetected.
The lawsuit accused the Navy of negligence in managing the crisis and asserted that their delayed response exacerbated the situation. Additionally, it claimed that the government failed to provide adequate medical care to the affected families.
Filed in August 2022, the original lawsuit, Feindt v. United States, has since been followed by two similar cases, collectively representing over 7,500 service members, dependents, and civilian residents.
The Feindt trial, conducted in April 2024, involved testimony from 17 “bellwether plaintiffs,” representing a cross-section of those impacted. These families were awarded damages for pain and suffering, medical expenses, and, in one case, economic loss.
Attorney Kristina Baehr of Just Well Law praised the ruling, stating, “These families can be proud that they helped prove to the world what truly happened when the Navy poisoned the water supply near Pearl Harbor and sickened so many.”
In the wake of the spill, the Navy ceased operations at the facility and removed 104 million gallons of fuel. The cleanup efforts have exceeded $2 billion in costs.
Compensation awarded to the families totaled $540,500 for emotional distress, with additional sums for future medical expenses and economic damages. Court records show each family received $1,000 for “loss of enjoyment of life.”
While the awards were described as “disappointing” by the plaintiffs’ attorneys, they were seen as progress towards justice for the affected families.
Army Major Mandy Feindt, wife of lead plaintiff Patrick Feindt, emphasized the significance of the ruling, noting, “You can no longer poison our people and get away with it.”
The ruling is expected to influence the outcomes of the pending cases, Jessica Whaley et al. v. United States and Hughes et al. v. United States, both of which involve claims related to the Red Hill spill.
The Department of Justice, representing the government in the Feindt case, declined to comment due to ongoing litigation.
