Mahwah Woman Files Class Action Suit For Water, Doctor Visits

MAHWAH, NJ — A Mahwah resident is seeking reimbursement for residents who bought bottled water after the township warned of acid contamination above state standards at a well supplying drinking water.

In late January, the borough water department alerted residents that water in one of the township's wells exceeded state levels for a certain contaminant. Levels of perfluorooctanesulfonic acid (PFOS) in 2021 were 0.016 micrograms per liter (μg/L), which is 0.003 micrograms higher than the state standard of 0.013 μg/L.

The township said fixing the well could take up to 18 months. The township's notice also advised residents who had certain health concerns to seek advice from doctors about drinking the water.

Shenell Harris filed the class action complaint against the township in New Jersey Superior Court, Bergen County on Tuesday. Court documents show she is asking the court to order Mahwah Township to reimburse customers who bought bottled water or visited the doctor after the PFOS contamination. The complaint also asks the court to shut down Well #19, the source of the contamination.

Lawyer Michael A. Galpern, who represents Harris, said, “The water customers have no responsibility for the violation of PFOS water standards in their tap water. These customers pay their water bills and it is not fair that these customers should now have to bear the costs of doctor consultations or bottled water when they simply followed the instructions in the Mahwah Water Department notice."

Over time, people who drink water that exceeds standard levels of PFOS could experience problems with their kidney, liver, immune system, and endocrine system, the township said in the letter. Pregnant women who drink water with higher levels of PFOS risk their infant developing problems.

Harris filed the lawsuit on behalf of everyone who received the notice, with a sub-category for people who have certain health concerns, have an infant, are pregnant, are elderly, or have a severely compromised immune system.

Harris is represented by two law firms: DeNittis Osefchen & Prince of Marlton, and Javerbaum, Wurgaft, Hicks, Kahn, Wikstrom & Sinnins, P.C. of Voohees.