The U.S. has paid out about $17 million to more than 600 claimants for impacts from the 2021 Red Hill fuel leak.
The U.S. Justice Department announced Wednesday that 629 military family members who sued the federal government over the jet fuel spills at Red Hill have been issued about $17 million in collective settlement payouts as of Monday.
The settlements stem from a pair of lawsuits filed in 2021 and 2024 in which thousands of people filed claims under the Federal Tort Claims Act — the law requiring the federal government to be liable for damages caused by federal negligence — alleging negative health impacts caused by exposure to the contaminated water at Red Hill.
On May 19, the U.S. District Court for the District of Hawai‘i approved a settlement proposal awarding each of the 17 “bellwether plaintiffs” — plaintiffs representing a large group of plaintiffs in a class-action suit — general damages ranging between $5,000 and $75,000. Four plaintiffs were awarded further special damages for future medical expenses between about $5,000 and $29,000, and the court also awarded an additional $1,000 to each plaintiff for “loss of enjoyment of life.”
Two days later, the court also approved another settlement, this one awarding damages to more than 100 minors impacted by the contaminated water. These damages ranged from about $3,000 to $19,000 each.
A preliminary report published in April found that the plaintiffs “suffered greatly and have a myriad of health issues,” ranging from temporary coughing, nausea, rashes and pain to long-term gastrointestinal and neurological problems.
However, that report also concluded that, although most of the plaintiffs’ short-term symptoms could be plausibly linked to the fuel leak, the court did not find that the plaintiffs had sufficiently proven that their reported chronic symptoms were caused by the fuel leak.
The report also rejected many plaintiffs’ claims that their reported ongoing mental and emotional distress was not caused by the fuel leak, but by unrelated pre-existing circumstances. But in some cases, the fuel leak was found to exacerbate existing distress over plaintiffs’ worsening medical conditions, which entitled those plaintiffs to special damages.
All told, the court has settled with about 3,600 of the 6,500 civilian plaintiffs who have sued so far, the Department of Justice announced.
“The settlements represent a fair and just resolution of claims and we look forward to paying additional claims once they are approved,” said Assistant Attorney General Brett Shumate of the DOJ’s Civil Division.
Nonetheless, the case is still far from over, as another 3,000 plaintiffs still await settlements. The DOJ is continuing to process these plaintiffs, and several motions to approve further settlements have been filed and await court approval. The DOJ reported that about 300 plaintiffs have already met all criteria for a settlement and merely need a signed release to receive their payouts.
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