Merced County Water Contamination Lawsuit [2024 Update]

The Merced County Water Contamination Lawsuit is an active lawsuit

See If You Qualify

Merced County, California is located in the San Joaquin Valley and includes the cities of Merced, Atwater, Livingston and more. For the past several years, multiple water contamination lawsuits have been filed throughout the county. The majority of these lawsuits claim that drinking water in Merced County has been contaminated with per- and polyfluoroalkyl substances (PFAS), also known as “forever chemicals” due to their inability to break down in the body.  

Merced County, California Water Contamination Overview

Merced County, California was formed in 1855 and derives its name from the Merced River, originally called the River of Our Lady of Mercy, when explorer Gabriel Moraga came upon it after the end of a long expedition. Today, Merced County is California’s fifth-leading agricultural county and is known as the “Gateway to Yosemite National Park.”

Although the county offers an array of attractions like Lake Yosemite, the Merced National Wildlife Refuge, and a charming historic downtown, the area has struggled with contaminated drinking water throughout the region. Cities like Atwater, for example, have dealt with with water contamination from industrial activities and the local military base, Castle Air Force Base.

Merced County Water Contamination Lawsuit Updates

Over the last few years, several cities throughout Merced County have filed lawsuits against various manufacturers of PFAS, accusing the companies of negligence by contaminating the water with these toxic forever chemicals. 

Individuals exposed to contaminated water may develop serious health conditions such as liver cancer, testicular cancer, thyroid cancer, kidney cancer, thyroid disease, or ulcerative colitis.  If you’ve been exposed to toxic water in Merced County, California for at least six months and developed one of these health conditions, contact King Law today to confirm your eligibility and discuss your legal options.

About Merced County, California Water Contamination:

History of Water Contamination in Merced County, California

Learn more about the history of Merced County water contamination: 

• 2024: The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) adopts public health goals for several types of PFAS found in drinking water, including perfluorooctane sulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) to develop drinking water standards as close to the public health goals as possible.
• 2022: An audit of the State Water Resources Control Board found nearly one million Californians may be exposed to negative health conditions due to drinking unsafe water from a failing water system throughout eight counties located in the Central Valley, including Merced County.
• 2021: The Environmental Working Group (EWG) releases updates to the Tap Water Drinking Database for the cities of Atwater, Livingston and Merced that detected drinking water contaminants exceeding their Health Guidelines.
• 2019: The city of Atwater, located in Merced County, wins a lawsuit against Shell Oil Company for contaminated water in eight wells throughout the city that contained TCP, a waste byproduct used in agricultural pesticides. 
• 2018: Around 80,000 residents in Merced County and nearby Stanislaus County who have no access to clean tap water gather together to lobby for change.
• 2012: California passes the Human Right to Water Law, which defines safe, accessible and affordable water as human rights.
• 2010: Earth Forensics commences a groundwater contamination investigation relating to chemicals of concern (COCs) including total chromium, hexavalent chromium and arsenic released from a former industrial facility in the city of Merced, California.
• 2008: Residents in the Merced County neighborhood of Beachwood file lawsuits over contaminated water found to contain cancer-causing chemical known as chromium 6, caused by a nearby cooling tower fabrication plant owned by pharmaceutical giant Merck & Co.

Sources of Water Contamination in Merced County

Some key sources of water contamination in Merced County, CA include:

Industrial facilities and related activities: Merced County was home to a cooling tower manufacturing facility that used pressure-treated wood to make the cooling tower frames. The wood was treated with a solution of chromium, copper and arsenic, which contaminated the soil at the site. This contaminated soil then allowed those toxic chemicals into groundwater in the area.

Military bases: The Castle Air Force Base, located in Atwater in Merced County, California, was a prominent source of PFAS contamination. For decades, training often required the use of firefighting foam to extinguish fires, which would then seep into the groundwater and put residents at risk for serious health conditions. 

Agricultural activities: Agricultural pesticides manufactured by companies like Shell and Dow contaminated several wells throughout Merced County.

Naturally-occurring contaminants: Erosion of natural deposits can lead to some contaminants in drinking water, including arsenic, radium, and uranium.

Merced County, California Water Contamination Map

Water quality reports show that cities throughout Merced County have been over the limit for at least one type of PFAS. Reference our Merced County water contamination map to learn more about the areas where PFAS have been detected as well as areas where levels have exceeded safety standards. 

Contaminants Found in Merced County Drinking Water

The drinking water in Merced County, California has tested positive for the following contaminants:

Per- and poly-fluoroalkyl substances (PFAS)

PFAS are used in products like non-stick pots and pans and to make items like clothes and carpets resistant to stains, oil and water. They’re also used in firefighting foam to extinguish fires. In cities like Atwater, which was awarded $63 million in a water contamination lawsuit back in 2022 against Shell Oil Company, PFAS were found in the groundwater due to Shell applying TCP-containing nematicide to agricultural lands around the city.

Since these chemicals increase in the environment and the body over time, they are associated with serious health risks associated, including the following:

• Certain types of cancer, like kidney cancer, liver cancer, bladder cancer, and testicular cancer 
• A weakened immune system, making one more susceptible to infections
• Health issues like liver damage, thyroid disorders, ulcerative colitis and more
• Complications with pregnancy, like low birth weight, and developmental issues in children

Arsenic

Drinking water in cities throughout Merced County were found to have high levels of arsenic. In Livingston, for example, arsenic was found in tap water at 2,392 times above the EWG’s Health Guideline, while arsenic in Atwater drinking water was found at levels 1,018 times above the Health Guideline. 

Arsenic can be found in groundwater from pesticides, herbicides and insecticides, but it also appears naturally in many minerals, soil and bedrock.

Exposure to arsenic from consuming contaminated drinking water with high concentrations can  cause serious health issues like cancer, neurological problems, damage to the skin, diabetes, cardiovascular and pulmonary disease, and circulatory problems. 

Nitrate

In the city of Merced, drinking water was found to contain nitrate at 22 times above EWG’s Health Guideline. Nitrate may contaminate drinking water due to agricultural and urban runoff after it’s been applied as a fertilizer chemical to surrounding lands. Nitrate has been linked to cancer and can harm fetal growth and development in children.

Chromium

Chromium can contaminate groundwater when it’s used in certain industries, such as a coolant at electrical power stations. It may also occur naturally in some areas. Exposure to chromium can damage the liver and reproductive systems. In Atwater in Merced County, chromium levels were found at 137 times above the EWG’s Health Guideline.

Other contaminants

1,2,3 Trichloropropane was historically used as soil fumigant in some agricultural regions, including areas throughout Merced County. This potent carcinogen was found at 262 times above the EWG’s Health Guideline in Livingston, and levels were found at 60 times above the Health Guideline in Atwater.

Current Water Quality in Merced County, California

Throughout Merced County, California, the quality of the drinking water is currently in compliance with the EPA’s health-based drinking water standards. However, contaminants were found in several cities to exceed the EWG’s Health Guideline.

Water Treatment Efforts at Merced County, California

In Merced County, California, Groundwater Sustainability Agencies (GSA) have been actively implementing Groundwater Sustainability Plans (GSP) to ensure groundwater basins are in compliance with the requirements outlined in the 2014 Sustainable Groundwater Management Act. This includes ensuring the limiting degradation of the water quality.

Additionally, the cities of Merced, Atwater, Livingston, Merced County and the Merced Irrigation District joined together to create the Merced Integrated Regional Water Management program to identify water management issues and objectives to meet the needs of the Merced Region. The program aims to create projects that address regional water needs like groundwater and water quality.

Health Risks and Symptoms Linked to Drinking Water in Merced County

Exposure to contaminants like arsenic, chromium and PFAS in Merced County, California drinking water may lead to an array of serious health conditions, including: 

• Reproductive issues, such as low fertility levels or high blood pressure in pregnant women
• Increased risk of certain cancers, such as  kidney and testicular cancer
• Interfering with the body’s natural hormones
• Risk of obesity and increased cholesterol levels
• Development impact on children, such as low birth weight or behavioral issues
• Reduced ability to fight off infections due to a weakened immune system

If you’ve been exposed to contaminated drinking water, it’s essential to schedule regular health check-ups and screenings to help lower the risk of future complications and manage any serious conditions. If you are experiencing symptoms, contact a health provider as soon as possible.

Eligibility Criteria for the Merced County Water Contamination Lawsuit

If you’ve been diagnosed with serious health conditions due to consuming contaminated water in Merced County, California, you may be eligible for compensation through a PFAS lawsuit. 

To be eligible for a Merced County water contamination lawsuit, the following criteria must be met:

• Providing documentation, including medical records that confirm a diagnosis and proof of residence or employment in the affected area during the contamination period.
• Diagnosis of certain health conditions, such as cancers (lung, bladder, kidney, thyroid, testicular, prostate, or breast) or thyroid disease.
• Proof of exposure to contaminated water for at least six months while living or working in the affected municipality during the contamination period. 

These factors play a vital role in establishing compensation eligibility and strengthening an individual’s legal case. Attorneys with expertise, like those at King Law, can provide consultations to guide you through the legal process effectively.

Merced County Water Contamination Settlement and Payout Amounts

Certain factors can influence settlement amounts for Merced County water contamination lawsuits. For example, the extent of the exposure, the impact on the individual’s overall health, and how long the individual was exposed to the contaminated water while living or working in the area all play a role. 

In the past, most water contamination lawsuits have been settled between $30,000 to $300,000, with most lawsuits often settled within a range of $100,000 to $300,000. If the injuries are minor or there’s less proof of connection to drinking contaminated water in the municipality, one might see a settlement between $30,000 to $75,000. However, some cases involving more severe health conditions may result in settlements exceeding $300,000. Some exceptional cases could see settlements near or exceed one million dollars.

Those affected by Merced County water contamination should seek advice from legal experts to understand their options and potential for compensation.

How to File a Merced County Water Contamination Lawsuit

Eligibility for a personal injury lawsuit related to water contamination in Merced County, California involves a detailed and structured process, requiring specific documentation and adherence to local legal considerations. Follow these steps to help navigate this complex legal journey:

1. Collect important documentation: Gather all necessary documentation to support your claim, including medical records, proof of residence or employment, environmental studies, and other relevant information. 
2. Find an experienced attorney: Consult with a lawyer who specializes in environmental law, has experience in water contamination cases and is familiar with California’s legal system. This attorney can help assess the strength of your claim, guide you through the process, and assist with filing a formal complaint while ensuring all legal procedures are followed.
3. Familiarize yourself with California law: Be aware of California’s specific legal guidelines, such as the statute of limitations, which generally requires lawsuits to be filed within two years of discovering the harm. California’s Proposition 65 mandates warnings about significant chemical exposures that may cause cancer or reproductive harm, which could impact your case.

Contact King Law today to set up a consultation for your Merced County water contamination claim. We understand the complexities California law involves, and we can help navigate the unique considerations for Merced County water contamination lawsuits.

Evidence to Support Your Merced County Water Contamination Claim

You can increase your chances of receiving fair compensation if you can provide strong evidence to substantiate claims in Merced County, California water contamination cases. To improve your case, gather and present the following documentation:

• Medical records: Provide documentation of any diagnoses, treatments, and health issues related to drinking contaminated water, as well as receipts for expenses related to medical treatment and services.
• Proof of residence or employment: Submit utility bills, lease agreements, or employment records that verify you were residing or working in Merced County during the contamination period.
• Environmental reports: Collect studies and reports that document the contamination levels in Merced County’s drinking water, like government reports and health notices.
• Expert testimonies: Seek out statements from medical and environmental professionals who can link your health conditions to the contaminated drinking water..
• Written accounts: Offer to write personal accounts detailing your exposure and the related health issues that have impacted your lifestyle.
• Key witness statements: Gather testimonies from individuals throughout the community who have experienced health issues due to contaminated drinking water.

Compiling this comprehensive evidence can help strengthen your case and improve your chances of a favorable outcome.

Statute of Limitations for Merced County Water Contamination Claims

Understanding California’s statute of limitations is crucial when filing a water contamination lawsuit. Victims must file their claim within a specific timeframe to be eligible for compensation; missing this deadline can result in disqualification from receiving compensation. In California, the statute of limitations for personal injury claims, including those related to toxic exposure, is typically two years from the date of diagnosis.

You will need ample time to compile all the essential evidence to build and strengthen your water contamination case. Consulting with an attorney who specializes in environmental or personal injury law as soon as possible is imperative due to these varying deadlines. A lawyer will help you avoid losing eligibility by ensuring all the necessary steps are completed before the filing deadline.

Merced County Water Contamination Lawyers

King Law specializes in water contamination lawsuits in Merced County, California, particularly those involving PFAS and other harmful chemicals in those local drinking water. Because our team is well-versed in environmental law, we understand the complexities involved with toxic exposure cases. We are here to support you through every stage of the process, from evaluating the validity of your claim to offering strong legal representation in court. We understand the serious implications water contamination can have on your health and overall wellbeing, and we are dedicated to helping you secure the compensation you deserve. 

At King Law, we are committed to guiding our clients through this challenging journey, offering the legal experience and assistance you need to build a compelling case. If you’ve been impacted by water contamination in Merced County, having experienced legal representation by your side can be vital in achieving justice and obtaining the compensation you need.

Frequently Asked Questions (FAQs)

Learn more about the Merced County, California water contamination with these frequently asked questions.