Ongoing Fallout from Navy’s Water Contamination in Oʻahu: New Settlements Announced
The U.S. Department of Justice has announced a new round of settlements related to the 2021 Red Hill water contamination incident, affecting hundreds of families in Central Oʻahu. Nearly 630 plaintiffs are set to receive a combined total of $17 million, marking a significant step in addressing the aftermath of the jet fuel spill.
While the DOJ views these settlements as a positive step toward resolution, many affected individuals feel the compensation falls short. The incident, which involved tens of thousands of gallons of jet fuel spilling into the water supply, primarily impacted military families and civilian workers.
These settlements pertain to family members affected by the contamination rather than the service members themselves. They result from lawsuits filed under the Federal Tort Claims Act, specifically Feindt v. United States and Hughes v. United States. Collectively, these cases represent over 6,500 claims.
According to the DOJ, approximately 3,600 plaintiffs involved in these lawsuits have reached settlements with the federal government. The latest development sees 629 plaintiffs receiving around $27,000 each, a figure that some argue is insufficient compared to the damages suffered.
Assistant Attorney General Brett Shumate described the settlements as a “just and fair resolution.” He expressed optimism about processing additional claims pending approval, stating, “We look forward to paying additional claims once they’re approved.”
However, Kristina Baehr, representing the plaintiffs, argues that the settlement amounts fall short of the benchmarks set by U.S. District Judge Leslie Kobayashi, which suggested payments between $38,500 and $76,000.
Army Maj. Mandy Feindt, whose husband is the lead plaintiff in one of the lawsuits, voiced her dissatisfaction with the settlement. She highlighted the extensive medical appointments and financial burdens her family has borne, noting, “I know that to some people it seems like a lot, but for our family alone, we’ve been to over 800 medical appointments.”
Feindt’s family, now residing in Virginia, continues to grapple with the health impacts of the contamination. Her 8-year-old daughter experiences neurological issues, while her 6-year-old son suffers from permanent lung damage.
Legal complexities have influenced the settlement amounts. Previous court rulings have limited the criteria for determining awards, and plaintiffs must also factor in attorney fees, which can consume up to 25% of the settlement.
Feindt’s family accepted a $37,500 settlement for their case but rejected the amounts offered to their children. They continue to pursue better compensation through the courts, believing the outcome could set a precedent for others affected.
Baehr noted a shift in recent weeks, with two new settlements approved at $45,000 and $55,000, aligned with Kobayashi’s recommendations. She remains hopeful that these will influence future settlements to increase.
The DOJ’s Civil Division is actively working to process more settlements. Meanwhile, the broader legal battle continues, focusing on whether service members should be compensated, with the argument that their exposure was “incident to military service” under scrutiny in the 9th Circuit Court of Appeals.
Feindt, responding to DOJ statements about ensuring justice for military personnel, stressed the significance of the issue: “For those of us who have risked our lives in this country, it’s pretty significant to have our families, especially those with small children, poisoned.”
For further details on the ongoing legal proceedings and settlements, visit the Honolulu Civil Beat.
