Copper Heating Coils Settlement Reached – All the Details and a “Deep Dive”
A $325,000 settlement has been reached in a certified class action lawsuit regarding the City of Gardner and SUEZ Water Environmental Services, Inc., the City’s private water system operator (now known as Veolia.) The class action concerns the City and Suez’s supply of water to Gardner residents, property owners, and businesses, which water plaintiff Janice Magliacane alleges caused copper heating coils in tankless hot water heating systems in Gardner to fail. Listen to our “Deep Dive” explaining it all with the Chair Man and the Chair Lady on any device, CLICK PLAY.
Affected Gardner residents, property owners, and businesses may be eligible to receive a cash payment upon submission of a valid claim form by May 11, 2026. The website with all the court information is here, CLICK HERE.
How much will you get if you submit a claim?
Answer is, it depends. First of all, about 1/3 of the settlement will go to the lawyers for the Class Action, leaving a couple hundred grand. The more valid claims are submitted, the less each person submitting a claim will get. Note also that each person submitting a claim is limited to being paid for 3 coil replacements. Important Case Documents are here, CLICK HERE.
More Details on How the Settlement Amount will be Distributed
The lawyers for the Class will ask the Court to award them attorneys’ fees of up to 33% of the Settlement Amount, plus expenses, from the Settlement Amount. Class Counsel will also ask the Court to award up to $15,000 to the plaintiff who brought this lawsuit to compensate her for her efforts in the case, including responding to discovery requests and giving a deposition, to be paid out of the Settlement Amount. Class Counsel will also ask the Court to allow the costs of providing notice and administering the Settlement to be paid out of the Settlement Amount.
The remaining amount available to be paid to the Class Members (the “Net Settlement Amount”) will be distributed to Class Members who mail or submit online a completed valid claim form by May 11, 2026. Each Class Member who submits a valid, timely Claim Form will be entitled to receive their pro rata share of the Net Settlement Amount, which will be divided among Class Members who have submitted valid, timely Claim Forms based on the number of Coils they replaced up to a maximum of 3 coils.
To illustrate, by way of example only, assuming the Net Settlement Amount was $180,000, if there were 1,000 claimed coil replacements, class members would receive $180 per coil replacement (up to a maximum of three coil replacements, or $540). If there are fewer claimed coil replacements, the amount per coil will be higher. If there are more claimed coil replacements, the amount per coil will be lower.
Final Approval Hearing in March
The Court will hold a Final Approval Hearing on March 10, 2026 at 2:00 p.m. in Courtroom 19, Worcester Superior Court, 225 Main Street, Worcester, MA 01608. The Court may reschedule the hearing without further notice. At the hearing, the Court will consider whether: (a) the Settlement is fair, reasonable and adequate; (b) the Court should approve payment of a service award of up to $15,000 to Plaintiff Janice Magliacane from the Settlement Amount; and (c) the Court should approve Class Counsel’ request for attorneys’ fees and expenses of up to 33% of the Settlement Amount, plus expenses, from the Settlement Amount.