Second look for PFAS payouts
Independent reviews of individual PFAS cases may look at the cost of health effects.
In February, a $212 million settlement was awarded to residents of three communities (Williamtown in New South Wales, Oakey in Queensland and Katherine in the Northern Territory) who had their groundwater contaminated by toxic firefighting foams used at defence bases until the early 2000s.
The compensation was largely awarded for diminution of land values and stress and suffering caused by the PFAS (per- and poly-fluoroalkyl substances) contamination.
An independent barrister is reviewing individual cases for affected residents who feel that their payouts were too low.
Shine Lawyers practice manager Joshua Aylward says he will look at avenues for health effects.
“The Commonwealth seems to be doing nothing about the health effects for these people, and so yes this is just a step in the path for these people,” he said.
“Unfortunately people who live in these communities will have to live with this chemical in their blood at very high, unacceptable levels probably for the rest of their lives and that is the real tragedy here.”
But Mr Aylward said that, in many cases, the money is enough to allow people to move on.
“His Honour also said the actual settlement itself of $34 million [for Oakey] was not just fair and reasonable — it was actually excellent,” he said.
“The people of Oakey were getting more than 100 per cent of what they would be entitled to if they won on every point at trial.
“I've had some people ring me crying in happiness that they've got a life-changing amount of money.
“Some people will choose to stay … or for some people, it'll just be a contribution towards their loss.”