Silver Golub & Teitell Files Class Action Lawsuit Against Kimberly-Clark over PFAS Contamination in New Milford, Connecticut

February 29, 2024

Silver Golub & Teitell LLP has filed a class action complaint on behalf of people who live near a Kimberly-Clark Corp. facility in northwest Connecticut that contaminated their water supply with toxic chemicals and put them at risk of cancer.

The complaint alleges that Kimberly-Clark discharged and distributed per- and polyfuoralkyl substances (PFAS) from emissions stacks and a landfill at its New Milford plant, contaminating the drinking water supplies of the plaintiffs and other members of the proposed class. The exposure substantially increased their risk of developing cancers and other diseases linked to PFAS, according to the complaint.

“We are seeking compensation for the plaintiffs for immediate and expected future remediation needs, as well as the establishment of a medical monitoring fund,” Silver Golub & Teitell partner Ian Sloss said.

PFAS are artificial chemicals that have been used in manufacturing plastics, metal coatings, clothing, furniture, adhesives and other products. They are soluble in water and persist in the environment for a long time, earning them the nickname “forever chemicals.” Scientific studies have associated exposure to the chemicals with decreased fertility, low birth weight, developmental delays in children, increased risk of prostate, kidney and testicular cancer, and other adverse effects on human health.

The New Milford facility historically manufactured diapers and currently manufactures tissue paper under the Kleenex and Scott brands, products that are typically manufactured using PFAS chemicals. Contamination occurred both from emissions stacks at the facility and from a 165-acre landfill where the company dumped paper manufacturing byproducts, which are notorious for containing high concentrations of PFAS.

The lawsuit seeks damages for financial losses for property owners whose wells and soil have been contaminated. It also seeks a fund to pay to install water filters for the residents and to pay for medical monitoring of their health.

The lawsuit is DePaul et al. v. Kimberly-Clark Corporation, No. 3:24-cv-00271, in the U.S. District Court for the District of Connecticut.