MILLSBORO, Del.- A Millsboro family's lawsuit--part of a multi-million dollar class action settlement against Mountaire Farms--has been dismissed by a Delaware Superior Court judge. The family is seeking damages from the attorneys who negotiated the settlement.
According to court documents, Tiffany Hernandez, Jose Hernandez-Alvarez, and their child were part of the class action case over allegedly-contaminated well water in Millsboro, resulting from the Mountaire Farms plant. The family alleged the attorneys--Chase Brockstedt, Phil Federico, Brent Ceryes and Stephen Spence--were negligent in failing to advise them to affirmatively opt out of the settlement and pursue an individual claim.
However, in a recent ruling, the Court ruled against the family, writing "this Court is satisfied that the Plaintiff had a full and fair opportunity to present their claims [to the Claims Administrator.]"
The attorneys filed a motion to dismiss, stating that the family could not definitively prove their child's injuries were caused by Mountaire, and that the family had a full and fair opportunity to appeal their award.
This lawsuit dates back to a $205 million settlement had been reached with Mountaire and a group of neighbors to resolve all remaining issues related to the 2017 upset that occurred at the poultry company's wastewater treatment plant. In 2021, according to residents at the time, a significant number of wells in the communities adjacent to the company's processing plant routinely tested for nitrates at or above the level deemed unsafe by state regulators. The residents go on to claim Mountaire's refusal to adequately address the contamination had an impact on residents' health.
In a statement from Chase Brockstedt of Chase Brockstedt, Phil Federico, Brent Ceryes and Stephen Spence
"We sympathize with the Hernandez family. We created a fund of $65 million dollars for Millsboro residents to be compensated from the harm caused by Mountaire’s environmental contamination. We successfully prosecuted this complex environmental case vigorously over four years and we are proud of the result which has helped thousands of Millsboro residents and put an end to the pollution," said Brockstedt. "We are pleased with the Court’s dismissal of what we believe to be a frivolous claim for legal malpractice. It is unfortunate that the court’s dismissal has been appealed and we look forward to the appeal being decided."
The family has since appealed the ruling to Delaware Supreme Court.
