PHILADELPHIA (March 23, 2009) – The law firm of Feldman Shepherd Wohlgelernter Tanner Weinstock & Dodig today announced that the Philadelphia County Court of Common Pleas has given final approval to the class action settlement of a case brought on behalf of certain residents of Philadelphia against Philadelphia Gas Works. Attorneys Alan M. Feldman and Thomas More Marrone filed the class action lawsuit filed on behalf of people who own or reside in properties in Philadelphia that are serviced by high pressure gas mains. These properties require the use of a gas regulator to lower the pressure with which gas is delivered to the property. Gas regulators installed in properties before 1980 contain mercury. Since 1980, PGW has been in the process of removing the mercury regulators and installing the newer technology, which does not contain mercury. The lawsuit was filed after it was discovered that, in the course of PGW’s removal of the mercury regulators, there were some occasions when mercury was inadvertently spilled on the premises, resulting in a potential health hazard to the residents. 

 

The settlement provides for, among other things, air testing to be paid for by PGW to detect the presence of mercury vapor for all citizen members of the class who filed a notice of claim within the deadline previously set by the court.   That deadline has now passed. In the event that mercury vapor is detected above a certain level, PGW will pay for remediation of the mercury contamination and urine testing for residents of the property. In addition, as part of the settlement, PGW has improved its procedures for the removal of mercury-containing gas regulators to prevent mercury spills from occurring. It should be noted that the lawsuit does not suggest that there is anything dangerous about having a mercury regulator installed and working in a residence. It was only during the removal of mercury-containing gas regulators to switch to the newer technology that mercury spillage, at times, occurred.

 

Approximately 2800 requests for testing have been filed by class members. Testing is expected to begin by June and to be completed within six months. Contractors doing the work will call residents in advance to schedule the date and time for the test. Testing will not be performed unless a resident over the age of 18 is present at the time of the appointment