Slurry Lawsuit Settlers Frustrated With Wait for Money

by Julia Roberts Goad, excerpted from June 13, 2009, Williamson Daily News

Plaintiffs who have settled in a case against Massey Energy say they have been promised they would receive their money four times, but are yet to receive a check.

The case involves over 400 cases, which were consolidated into one class action lawsuit weeks ago by Mingo County Circuit Judge Michael Thornsbury. The plaintiffs are suing Rawl Sales, a subsidiary of Massey Energy, for polluting water in the Rawl area (via underground coal slurry injection). The suit claims there have been major, lasting medical problems caused by the contamination.

In May, Thornsbury ordered all the plaintiffs in the case to report to the Mingo County Courthouse, where each received a separate settlement offer.

Although most of the plaintiffs did not accept offers by Massey to settle out of court, approximately 200 did, and say they were told they would receive payment within 30 days.

"But we still havent gotten a check," one of the plaintiffs, speaking on the condition of anonymity, told the Daily News.

"It aint nothing but the runaround," another plaintiff said. "On April 24, they told us we would have our money within 30 days. But we still dont have it."

The plaintiffs say they have not been told the reason for the delay in releasing the checks.

"We have been told four times to come and get our money, but we still havent gotten it."

Some of the plaintiffs do not live nearby, and say that traveling back and forth to Mingo County is difficult.

"I cant afford to keep getting a room," a woman said. "I know a woman who has a baby, and she has been sleeping in her car in order to be here. We dont have any money. We cant keep doing this."