WHAT IS THIS LAWSUIT ABOUT?  On November 5, 2021 the Superior Court of New Jersey preliminarily approved a class action settlement involving Aqua New Jersey and appointed DeNittis Osefchen Prince, P.C. co-lead counsel with the firm Javerbaum Wurgaft. The lawsuit entitled  Donna Barone v. Aqua New Jersey, Inc. (“Aqua”), Docket No. CAM-L-2643-20 was filed in the Superior Court of New Jersey, Camden County on behalf of all New Jersey citizens who were either immune-compromised, elderly, pregnant or had an infant and received a March 27, 2020 notice of Aqua (“Aqua Notice”) which caused them to seek medical advice or treatment between March 27, 2020 and May 26, 2020 which said cost for that treatment was not covered by insurance. The complaint alleges that Aqua violated a drinking water requirement regarding disinfecting the water supply which resulted in the Aqua Notice being sent to approximately 14,000 households in the Blackwood, NJ area advising persons with certain medical conditions to seek out medical advice. The complaint sought to obtain reimbursement for any class member who received a medical bill that was not covered by insurance as a result of receiving the Aqua Notice.   Aqua denies any wrongdoing and denies the claims and allegations asserted by Plaintiff and maintains that it is not responsible to reimburse anyone for sending out the Aqua Notice.  The parties nevertheless have agreed to settle the lawsuit.

Persons who reside in Blackwood may be a member of the Class.  This is a class action lawsuit that the parties have proposed to settle.  If the proposed settlement is approved by the Court, your legal rights may be affected.  This notice describes what the lawsuit is about, explains the terms of the proposed settlement, tells you who would be covered and what legal claims would be resolved by the settlement if the Court approves it, and explains how individuals can obtain benefits under the settlement.

  • YOU MAY BE ENTITLED TO A REFUND IF:
  • YOU ARE A NEW JERSEY CITIZEN WHO RECEIVED THE ATTACHED MARCH 27, 2020 NOTICE FROM AQUA NEW JERSEY, INC(“NOTICE”)(SEE ATTACHED);
  • WAS IMMUNO-COMPROMISED, ELDERLY, PREGNANT OR HAD AN INFANT WHEN YOU RECEIVED THAT NOTICE;
  • SOUGHT MEDICAL ADVICE OR TREATMENT BETWEEN MARCH 27, 2020 AND MAY 26, 2020 AS A RESULT OF RECEIVING THAT NOTICE;
  • INCURRED OR WAS CHARGED FOR THE MEDICAL VISIT(S) THAT WAS NOT COVERED BY YOUR MEDICAL INSURANCE AND THAT IS YOUR RESPONSIBILITY (I.E. NO INSURANCE OR CO-PAY OR DEDUCTIBLE)

 

AM I COVERED BY THIS CLASS ACTION LAWSUIT AND THE PROPOSED SETTLEMENT?  You can determine if you are a Class member if you have any medical bills you incurred that were not paid for by insurance or any third parties for treatment between March 27, 2020 and May 26, 2020 that was precipitated by your receiving Aqua’s Notice.  In addition, to qualify for payment you must also have been immune-compromised, elderly, pregnant or had an infant when you received the March 27, 2020 Notice.  If you have any questions regarding whether you are a Class member, you can go to the settlement website

https://staging.njwatersettlement.com/

or contact Class counsel at 856-797-9951 or send an e-mail to Class counsel at sdenittis@denittislaw.com.  You can also obtain more information about the settlement by visiting Class counsel’s website www.denittislaw.com.

WHAT ARE THE TERMS OF THE SETTLEMENT?  Aqua has agreed to create a Settlement Fund in the amount of $30,000.00 whereby each Class Member who submits a claim, Aqua (with appropriate monitoring from Plaintiffs’ counsel) will review and determine if the Class member should be reimbursed for the medical treatment sought according the criteria set forth herein.  If Aqua determines you should be reimbursed you will receive 100% of your loss, subject to a pro rata reduction of that amount should the Claims exceed the amount of the Settlement Fund.  Aqua has also agreed to pay up to $2,500.00 of the Settlement Fund to Lead Class Plaintiff Donna Barone for her efforts in bringing this case. Also, Aqua has also agreed to pay up to $75,000.00 to class counsel in attorney’s fees and litigation expenses, subject to court approval, for their time and expense in prosecuting the case. Any attorney’s fees and litigation costs awarded will be paid separately by Aqua and such fees and expenses will not come out of your refund or the refunds paid to the other class members. The proposed settlement is intended to settle all claims against Aqua that arise in any way from the Defendants’ conduct in the transactions which are the subject of this lawsuit.  By participating in this Settlement, each class member is releasing all such claims. 

The foregoing is a summary of the basic settlement terms. The full settlement is set forth in a Settlement Agreement that can be viewed at “www.denittislaw.com”, or by contacting Class Counsel as set forth under the heading below “ HOW DO I GET MORE INFORMATION.”

WHAT ARE YOUR RIGHTS? If you are a member of the Class and wish to participate in the settlement, you need to complete and submit a claim form on or before February 14, 2022

If you are a member of the Class and you wish to intervene or object to this settlement, you must file an objection (“objection”).  To object, you must mail a written request, postage pre-paid, to Class counsel at DeNittis Osefchen Prince, P.C., 5 Greentree Centre, Suite 410, 525 Route 73 N., Marlton, NJ 08053 and Defendant’s Counsel, Dante C. Rohr, Esquire, Marshall Dennehey, 15000 Midlantic Drive, Suite 200, P.O. Box 5429, Mount Laurel NJ 08054  .  The request must be post-marked on or before January 8, 2022, and contain:  the name of the lawsuit; your full name, current address and phone number; your signature; proof you are in the class; a specific statement of your intention to object to the settlement and the reasons you are objecting to the settlement. 

On January 28, 2022, at 9:00 a.m., the Superior Court of New Jersey, Law Division, Camden  County, the Honorable Michael J. Kassel , J.S.C., Courthouse Camden , New Jersey Courtroom 32, will hold a public hearing to determine whether the proposed settlement is fair, adequate, and reasonable and should be approved.  Class members who support the proposed settlement do not need to appear at the hearing or take any other action to indicate their approval.  Class members who object to the proposed settlement are not required to attend the settlement hearing.  If you want to be heard orally in opposition to the settlement, either personally or through counsel, you must indicate your intention to appear at the hearing in your written objection.

HOW DO I GET MORE INFORMATION?  Claim forms and further information about the settlement can be obtained by visiting the following website address:  https://staging.njwatersettlement.com/ ,  www.denittislaw.com or www.lawjw.com, contacting Class counsel at 856-797-9951, or emailing Class counsel at sdenittis@denittislaw.com or mgalpern@lawjw.com.