EXIDE VERNON BREAKING NEWS: Deadline extended to Jan. 31, 2014 to submit Exide Personal Claim Forms
BOYLE HEIGHTS NEIGHBORHOOD COUNCIL
Exide Technologies Personal Claim Form Submission Deadline EXTENDED to January 31, 2014
EXIDE BANKRUPTCY COURT EXTENDS PERSONAL INURY FILING DEADLINE
The District of Delaware, U.S. Bankruptcy Court today extended the deadline by 90 days whereby local residents who may have been damaged by the Exide Technologies battery plant in the City of Vernon may file personal injury claims. The judge’s ruling came in response to a request by Senator Kevin de Leόn (d-Los Angeles) and Senator Richard Lara (D-Long Beach) asking for residents to be exempted from the bankruptcy proceedings or at the very least be given a six month extension of the deadline when they would have time to submit proof if they want to submit a claim. “We are deeply disappointed. The judge’s ruling continues to deny a realistic opportunity for residents to file claims. Ninety more days is helpful, but barely enough time for residents who have been subjected to the plant’s pollution for decades,†said Senator De Leόn.
The original filing date of October 31, 2013 has now been moved to January 31, 2014.
Click here to download and print your Exide Case claim form.
Claim form instructions:
Please send your original, completed claim form as follows:
- If by mail: Exide Case Administration, C/O GCG, P.O. Box 9985 Dublin, OH 43017-5985.
- If by hand or overnight courier: Exide Case Administration, C/O GCG, 5151 Blazer Parkway, Suite A, Dublin, OH 43017.
Any proof of claim submitted by facsimile or email will not be accepted.
FYI: for anyone who either did not receive form or who could not attend workshop @ Resurrection Church in Boyle Heights- please share!
Other suggestions included filing a separate claim form for every member of a family and not just one claim form for the entire family, mailing each claim separately and being sure to keep a copy of the original form and all supporting documents, like medical evaluations or bills. If a claimant doesn’t have the supporting documents ready, he or she can write “still gathering documents†on the form, Mazzella said.
EGPNEWS.COM
Residents Aided in Filing Claims Against Exide
SUBMISSION DEADLINE EXTENDED FOR SUBMITTING EXIDE PERSONAL CLAIM FORMS – MUST BE IN COURT’S HANDS BY JANUARY 31, 2014
By Gloria Angelina Castillo, EGP Staff Writer
Dozens of people who attended a Neighborhood Watch meeting Monday at Resurrection Church in Boyle Heights received instruction on how to fill-out claim forms seeking damages from Exide Technologies by a court imposed Oct. 31st deadline.
The publicly traded corporation with operations in 80 countries, filed for bankruptcy in early summer.
Dozens of residents on Monday night gathered to hear instructions on how to file a claim form and to ask questions. (EGP photo by Gloria Angelina Castillo)
The US Bankruptcy Court for the District of Delaware recently mailed claim forms to a wide swath of residents living in the area believed most negatively impacted by harmful lead and arsenic emissions from Exide’s lead battery-recycling plant in Vernon. The targeted area includes Vernon, the nearby cities of Huntington Park, Maywood, Commerce and Montebello, and the communities of Boyle Heights and unincorporated East Los Angeles.
People at Monday’s meeting were told they have to file the claim form before the JANUARY 31, 2014 DEADLINE — even if they do not have all their information or know how much to seek in financial damages —if they want to preserve their right to seek damages.
While assistance was given in filling out the forms, volunteers emphasized that they were not giving legal advise and urged participants to seek the help of an attorney.
Teresa Marquez of the Boyle Heights Stakeholders Association told EGP the workshop was very informative and that she liked the “clarity and honesty†of the presenters.
Marquez pointed out, for example, that residents were told to look for an attorney who will review the merits of their case and be paid on a contingency basis. If an attorney wants a retainer, look for another attorney, Marquez said they were told.
The two-page claim form, with a third page of continued instructions, has nine short sections. Residents were told they could skip sections 4 through 6 that specifically deal with claims for delivered goods or services not paid for by the company.
Residents were also told the “[monetary] amount of claim as of date case filed†could be an estimated amount for medical bills, loss of earnings, emotional distress, or they could simply write “to be determined.â€
The basis for their claim is personal injury due to their exposure to toxic emissions from the Exide plant. This type of personal injury claim is known as a “toxic tort,†said Anastasia Mazzella, an attorney volunteering at the meeting. She said the claims could be amended at a later date, calling this a “band aide measure in the 11th hour.â€
Other suggestions included filing a separate claim form for every member of a family and not just one claim form for the entire family, mailing each claim separately and being sure to keep a copy of the original form and all supporting documents, like medical evaluations or bills. If a claimant doesn’t have the supporting documents ready, he or she can write “still gathering documents†on the form, Mazzella said.
She suggested residents pay the extra postage for overnight delivery because it would give them proof that the document was delivered on time. She noted that the claims must be received by JANUARY 31, 2014, and not just postmarked by that date. She also pointed out that the delivery address for the overnight shipments is different than those being sent by regular mail. She urged people to overnight the forms no later than Tuesday, Oct. 29.
The claim process can be long and complicated, with no guarantee of payment at the end. But submitting the form can ensure you’re at least “in line,†and if your claim is turned down, it does not preclude your right to sue, residents were told.
Monday’s meeting was presented in partnership with the offices of US Representative Lucille Roybal-Allard, State Sen. Kevin de León, Assembly Speaker John Pérez and Sen. Ricardo Lara.
It was the follow up to town hall meeting held earlier this month where the arsenic and lead contamination coming from the plant was the main topic of discussion.
Several Boyle Heights and East Los Angeles residents told EGP Monday that they plan file a claim, including long time Boyle Heights resident Rita Govea who says she believes her thyroid cancer and many of the medical problems suffered by members of her family are directly related to decades of exposure to Exide’s pollution.
Govea and others are convinced Exide is to blame for their ailments and suffering.
