OCN action - Oncology Certified Nurse - 2023 Updated: 2024

A lawsuit against Saint-Gobain, the French manufacturing company accused of contaminating drinking water in towns in southern New Hampshire with harmful PFAS chemicals, has entered a new phase after a federal judge said part of the case could be managed as a class action.

Under the decision, thousands of residents who live or have lived near the Merrimack facility since 2016 could be part of the class action. The class could include almost 9,000 households within Merrimack and 382 homes in Bedford within the Merrimack Village District Water Works service area, and 1,200 homes with private wells in the area.

PFAS are a class of man-made chemicals that have been used for decades in a variety of consumer products and have been linked torisks to human health like increased risk for certain kinds of cancers.

Elevated levels of those chemicals were discovered around Saint-Gobain’s Merrimack facility in 2016. The company knew about elevated PFAS levels in their emissions since at least 2004.

The company has provided bottled water and alternative drinking water to residents affected by contamination through a consent decree with the state of New Hampshire. They announced they were closing their Merrimack facility last year.

A class action lawsuit brought by people living near the Saint Gobain manufacturing facility in Merrimack who say they were exposed to PFOA, one of many PFAS chemicals, was filed in 2016.

Judge Joseph Laplante’s Dec. 29 decision splits that case into two phases. In the first, the court would determine whether Saint-Gobain’s Merrimack facility was liable for contamination for nearby residents as a whole, instead of for each individual case.

The second phase will determine how individuals may be compensated for the contamination on a case-by-case basis.

Laplante denied class certification for the claim in the lawsuit that Saint-Gobain caused a “nuisance,” saying that whether Saint-Gobain interfered with each person’s use and enjoyment of their property would need to be determined on an individual basis.

But he certified the class for the purpose of the claims that Saint-Gobain trespassed on residents’ land by causing PFAS chemicals to enter without their permission and that the company acted negligently by emitting PFAS, not investigating and mitigating contamination adequately, and not warning residents about the risks of the chemicals.

Whether Saint-Gobain is liable for emitting the chemicals, how much they foresaw the consequences, and whether they adequately investigated, mitigated, and warned people about them can be determined for all residents together, the judge said.

Mindi Messmer, a former state lawmaker who has called for more accountability for Saint-Gobain over their PFAS emissions, said the decision is a victory for those who may have been affected by the chemicals.

“This is a big step in that the court is signaling that there is at least some validity to the claims made by the plaintiffs,” she said.

According to court documents, the plaintiffs are seeking compensation for non-economic losses, like the loss of enjoyment of their property, and compensation for economic losses related to the decreased value of their properties and the cost of mitigating contamination.

Experts for the plaintiffs found that damages in the area addressed in the lawsuit would be around $578 million for losses in property value and $2.6 million for those who switched from private wells to municipal water.

Last March, the New Hampshire Supreme Court decided that people exposed to toxins could not recover the cost of medical testing from polluters if they’re not currently sick in a ruling connected to the case.

That came as a disappointment to Laurene Allen, who started Merrimack Citizens for Clean Water to advocate for those affected by PFAS contamination. She said the Supreme Court decision weakened the class action suit.

“When you talk to people you hear about a health condition, then another health condition, then another health condition,” she said. “For many people, you’re watching what’s happening around you, and you know why it’s happening, and no one’s doing anything about it, and your health isn’t properly supported in terms of monitoring. That’s why medical monitoring is so important.”

But despite the lack of medical monitoring cost recovery, Allen said the certification of the class in the lawsuit was validating. And, she said, she hopes the case goes to trial.

Two other class action lawsuits against Saint-Gobain for PFAS pollution – one in Hoosick Falls, N.Y., and one in Bennington, Vt. – ended in settlements in which the company did not admit wrongdoing or liability.

“I would love to see this go to trial and that they truly be held accountable for the harm that they caused,” Allen said. “What they have never once been held accountable for is the harm they have caused, the harm to human health and the forever contamination of our environment.”

Bragar Eagel & Squire, P.C., and Bernstein Liebhard LLP filed on behalf of persons or entities who purchased or otherwise acquired Inspire Medical common stock between May 3, 2023, and Nov. 7, 2023.

The Minneapolis-based company develops minimally invasive implantable products for treating obstructive sleep apnea. It offers an alternative to the traditional CPAP machines made by the likes of Philips and ResMed. Inspire Medical’s reputation has grown over the past several years as Philips dealt with a massive CPAP recall and people moved away from that method of treatment.

Outlining the class action allegations against Inspire Medical

According to the law firms, Inspire introduced a pilot program in 2022. In this program, the company’s advisor care program team could directly access doctors’ electronic schedules and schedule appointments online.

Throughout the period outlined in the class action, Inspire allegedly touted the program’s effectiveness. The suits say the company boasted a 30% improvement in physician appointments. By August 2023, the suit alleges Inspire claimed more than 60 centers used the tool.

The suit alleges that during the May-August period, Inspire misled investors and/or failed to disclose key outcomes. Among the allegations, the firms say that customers encountered challenges with previous authorization submissions and scheduling appointments, despite the acceleration program. The slowdown in authorization submissions from these challenges allegedly led to a shortfall of hundreds of implant procedures.

As a result, the law firms say, Inspire’s positive statements about financial guidance, business, operations and prospects “were materially false and misleading and/or lacked a reasonable basis at all relevant times.”

Inspire’s third-quarter earnings — announced on Nov. 7 — included revenues that fell shy of expectations on Wall Street. The company also reported a decline in prior authorization submissions for patients seeking Inspire therapy. It also said it started to “track” problems with the acceleration program no later than the second quarter of 2023.

In response to the earnings, shares of INSP fell approximately 20% from $161.74 at close on Nov. 7 to $129.95 on Nov. 8. The stock has since rebounded, though, sitting at a share price of $201 before the market opened today, Dec. 27.

An Inspire spokesperson shared the following response to a request for comment:

• We are aware of the lawsuit filed against Inspire alleging securities fraud;
• We intend to vigorously defend ourselves in this matter; and
• Because this is an active litigation matter, we have no additional comments.

Securities Litigation Partner James (Josh) Wilson Encourages Investors Who Suffered Losses Exceeding $100,000 In Inspire Medical To Contact Him Directly To Discuss Their Options

If you suffered losses exceeding $100,000 investing in Inspire Medical stock or options between May 3, 2023 and November 7, 2023 and would like to discuss your legal rights, call Faruqi & Faruqi partner Josh Wilson directly at 877-247-4292 or 212-983-9330 (Ext. 1310). You may also click here for additional information: www.faruqilaw.com/INSP.

There is no cost or obligation to you.

New York, New York--(Newsfile Corp. - December 29, 2023) - Faruqi & Faruqi, LLP, a leading national securities law firm, is investigating potential claims against Inspire Medical Systems, Inc. ("Inspire Medical" or the "Company") (NYSE: INSP) and reminds investors of the February 20, 2024 deadline to seek the role of lead plaintiff in a federal securities class action that has been filed against the Company.

Faruqi & Faruqi is a leading minority and Woman-owned national securities law firm with offices in New York, Pennsylvania, California and Georgia.

As detailed below, the complaint alleges that the Company and its executives violated federal securities laws by making false and/or misleading statements and/or failing to disclose that: (1) despite the Acceleration Program, customers were encountering challenges with the prior authorization submission process, including with the scheduling of appointments; (2) a slowdown in prior authorization submissions arising from these challenges led to a shortfall of hundreds of procedures to implant the Company's OSA device; and (3) as a result, Defendants' positive statements about the Company's financial guidance, business, operations, and prospects were materially false and misleading and/or lacked a reasonable basis at all relevant times.

The truth emerged after the close of markets on November 7, 2023, when the Company announced disappointing earnings results for the third quarter of 2023, including "a decline in prior authorization submissions for patients seeking Inspire therapy." Inspire Medical further admitted it had started to "track" problems with the Acceleration Program no later than the second quarter of 2023, the Company "had strong confirmation" of the problems with the Acceleration Program, and the Company "realized we needed to take some corrective action."

In response to this news, shares of Inspire Medical declined approximately 20%, from a closing price of $161.74 per share on November 7, 2023, to a closing price of $129.95 per share on November 8, 2023.

The court-appointed lead plaintiff is the investor with the largest financial interest in the relief sought by the class who is adequate and typical of class members who directs and oversees the litigation on behalf of the putative class. Any member of the putative class may move the Court to serve as lead plaintiff through counsel of their choice, or may choose to do nothing and remain an absent class member. Your ability to share in any recovery is not affected by the decision to serve as a lead plaintiff or not.

Faruqi & Faruqi, LLP also encourages anyone with information regarding Inspire Medical's conduct to contact the firm, including whistleblowers, former employees, shareholders and others.

Attorney Advertising. The law firm responsible for this advertisement is Faruqi & Faruqi, LLP (www.faruqilaw.com). Prior results do not guarantee or predict a similar outcome with respect to any future matter. We welcome the opportunity to discuss your particular case. All communications will be treated in a confidential manner.

To view the source version of this press release, please visit https://www.newsfilecorp.com/release/192404

Community Action of Etowah County Inc. will begin scheduling appointments for its regular and crisis low-income heating programs on Jan. 17.

Office hours are 8 a.m. to 5 p.m. Monday through Friday; the office is closed from noon to 1 p.m. for lunch. Only applicants with pending applications will be served on Fridays.

Applicants are eligible if the household heats with natural or butane gas, or is totally electric, and applicants meet Fiscal Year 2024 eligibility requirements.

The Regular Heating Program provides general heating assistance to eligible households that meet the guidelines set by the Alabama Department of Economic and Community Affairs.

The Crisis Heating Program provides assistance to households with an energy-related crisis. Any household member with a medical situation caused or aggravated by extreme heat or cold may apply for crisis assistance, with verification by a physician or nurse on the agency-provided “Physician/Nurse Medical Statement.”

Households must meet all points of eligibility before assistance can be awarded. Documents provided must be for the month before the date of an appointment.

The following documents are required and may be submitted through fax or email:

• Total household gross Income (from all sources)

• Social Security cards of all household members (Medicaid cards are not accepted)

• Photo ID of head-of-household and/or spouse (IDs expired more than six months prior cannot be accepted)

• Food stamp allotment letters for all household members (SNAP beneifts)

• Child support payments received (bank statements or electronic copies accepted; a written statement from the parent is not acceptable)

• Current/signed lease agreement (public housing lease showing utility allowance)

• Current gas or power bill (if totally electric)

Household members who are unemployed and currently do not have income must complete a "Declaration of Household Income" form provided by Community Action of Etowah County.

Employed household members must provide check stubs as verification of income. Bank statements cannot be used to verify income from SS or SSI benefits. If a person in the household has applied for SS or SSI and the status is pending, a letter from the Social Security office or a representation letter from any attorney is required. Custody claims must be verified with legal documentation, such as guardianship declarations.

Residents who live in assisted living or public housing projects, and are responsible for out-of-pocket payments for utility bills, may qualify for the regular and crisis utility assistance program. In addition to all other eligibility requirements, households must provide proof of out-of-pocket "utility allowance" and "utility reimbursement" payments (lease agreement/tenant income certification.

Fiscal Year 2024 Monthly Income eligibility requirements are:

For more information, contact Community Action of Etowah County at 256-546-9271.

This article originally appeared on The Gadsden Times: Community Action of Etowah County offers heating assistance