The closing argument in a two-week trial involving U.S. military families suing over a 2021 jet fuel leak into a Navy drinking water system in Hawaii asked the judge to award plaintiffs damages ranging from about $225,000 to about $1.25 million each. The plaintiffs’ attorney, Kristina Baehr, outlined various amounts they are seeking, with one plaintiff, Nastasia Freeman, at the high end due to a reactivated seizure disorder. Freeman is among 17 “bellwether” plaintiffs representing over 7,500 others in the lawsuits. The outcome of this case will help determine future damages or settlements for the remaining plaintiffs. The government has admitted liability for the incident, but disputes whether residents were exposed to jet fuel at levels high enough to cause their alleged health effects.
The plaintiffs described how the water contamination sickened them and left them with ongoing health issues, including seizures, asthma, eczema, and vestibular dysfunction. Government attorneys argue that the doses of jet fuel in the water were likely too low to cause significant health effects, as one family continued to drink the water until December 9 despite complaints starting on November 27. The attorney representing the plaintiffs emphasized that there is no acceptable level of jet fuel in drinking water and that residents should not have to expect such contamination in their water supply. A Navy investigation report detailed a series of mistakes that led to the fuel spill, which ultimately resulted in 20,000 gallons of fuel being released into the water system.
The spill occurred at the Red Hill Bulk Fuel Storage Facility, impacting an aquifer that supplies water to 400,000 people in urban Honolulu. The military has since agreed to drain the tanks, following state orders and protests from Native Hawaiians and other residents concerned about the threat to the water supply. It is unclear when U.S. District Judge Leslie Kobayashi will issue a ruling in this case, with attorneys from both sides having until around July to submit additional briefs and responses. The outcome of this trial will have significant implications for the plaintiffs and determine the compensation they may receive for the damages caused by the jet fuel leak.
In her closing statement, Baehr expressed gratitude for the opportunity to represent the families impacted by the water crisis. She emphasized the physical and emotional toll the contamination has taken on the plaintiffs, outlining the various damages being sought for pain and suffering, mental anguish, impairment, lost wages, and more. The government has acknowledged its breach of duty and the compensable injuries suffered by the plaintiffs, but disputes the severity of the health effects caused by exposure to jet fuel. The attorneys on both sides presented their arguments to the judge, with the plaintiffs advocating for just compensation for the harm caused by the negligence that led to the fuel leak. The judge expressed empathy for the plaintiffs during the trial, noting that she hopes the final decision will provide closure and justice for the families impacted by the water contamination.
