Time is running out to opt out of Denmark class-action settlement

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Residents in Denmark only have about two weeks to postmark Letters of Objection to a proposed settlement over the town’s drinking water.
Published: Apr. 15, 2025 at 6:00 PM EDT
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DENMARK, S.C. (WRDW/WAGT) - Residents in Denmark only have about two weeks to postmark Letters of Objection to a proposed settlement over the town’s drinking water before automatically being opted in.

The preliminary settlement amount of $1,000,000 will be reduced to about $600,000 after legal fees, which some residents believe is just a drop in the bucket.

Boxes of medical records still sit untouched on Pauline Brown and Eugene Smith’s dining room floor.

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“Yes, they have been here since April of last year,” Pauline says. “One year this month.”

A disbarred attorney representing the residents of Denmark in a class action lawsuit sent the couple the files just before a judge ordered another attorney to take over the case.

“We are still trying to find another lawyer,” Eugene says.

Strom Law Firm posted an article on its website Monday- 1 million settlement reached in South Carolina water contamination case. The post comes just two weeks after residents received this letter in the mail.

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“We didn’t get one, but other people came to the house and brought the letter,” Eugene explains.

This is a notice of a proposed class action settlement — not an actual settlement.

The letter states the court approved a preliminary settlement against the City of Denmark, SCDHEC and Berry Systems, Inc for putting a chemical not approved by the EPA into the town’s drinking water.

The proposed $1,000,000 settlement will be divided among residents after deducting nearly $400,000 in court costs and attorney fees.

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The letter goes on to warn folks they must take action if they do not want to be part of the settlement must take action by sending a Letter of Objection postmarked by May 5 to five addresses.

“Why does it say it comes from City Hall?” Eugene asks. “What does City Hall have to do with this lawsuit?”

Eugene and Pauline can’t help but question why the City of Denmark — one of the three Defendents in the case — is shown as the sender of the letter on the envelope or why the postmark date is April 3 when the letter signed by a judge shows February 29.

A judge will make a final ruling on the settlement May 19.

News 12 Investigates is still looking into how much each citizen will receive through the settlement if it goes through — and whether that bars citizens from taking further legal action in the future.