Explosion trust fund readied

The explosion at the Water Street factory shared by CAI Inc. and Arnel Paint devastated the neighborhood and turned hundreds out of their homes. Many have since signed on with the Danversport Trust, at the suggestion of environmental lawyer Jan Schlichtmann, made famous by the book and movie “A Civil Action.”

“We’ve been busy doing all the administrative work over the past several weeks,” Schlichtmann said Tuesday. “I believe we’ve gathered names of over 100 property owners comprised of about 250 individuals.”

Forming such a trust will allow for distribution of settlement monies to all who have signed on as part of that trust, Schlichtmann said.

Schlichtmann will file for the formation of the trust sometime next week in Essex County Probate Court in Salem, he said.

Meanwhile, Schlichtmann filed a Freedom of Information request with the U.S. Chemical Safety Board earlier this month. He wants copies of the records CSB obtained from KeySpan, which deal with gas line mapping and leak repairs in Danversport in the weeks prior to the Nov. 22 explosion.

KeySpan last month refused to turn over a separate set of records to Schlichtmann and the community group, SAFE (Safe Area for Everyone), which is comprised of Danversport residents and business owners affected by the blast. Schlichtmann had hoped that information would expedite a separate investigation into the cause of the blast by a gas leak specialist he has contracted to work on behalf of SAFE.

While awaiting the FOI process, Schlichtmann has joined forces with attorneys representing CAI in obtaining the KeySpan records as a second avenue, he said.

KeySpan gave their records to the CSB in late January, CSB investigator John Vorderbrueggen said in an earlier interview. Rep. Ted Speliotis intervened on SAFE’s behalf, but KeySpan president Nickolas Stavropoulos, in a letter dated March 7 to Speliotis, refused to give the records to SAFE. KeySpan did not want to compromise the federal and state investigations into the cause of the blast, he said.

“KeySpan has an obligation to cooperate with the community,” Schlichtmann said this week. “If KeySpan played no role in the cause of that blast, then a full airing of the facts should help to clear their name.”

Some progress has recently been made with KeySpan, Schlichtmann added.

“It’s unfortunate that KeySpan is acting so slowly, but they will cooperate. It’s only a matter of time.”

Schlichtmann and his team of experts have not collected any fees to date for their work on behalf of SAFE and the Danversport Trust. However, the attorney has said from the outset that he will be paid if the blast victims receive settlement monies.

“I am a contingency fee based lawyer,” Schlichtmann reiterated this week. “That means that I am only paid if I get a successful result.” He added, “And, I will be paid money.”
   Schlichtmann will collect one third of any settlement monies those victims who have signed on with the trust collect, he said.

“Of course I will make money,” Schlichtmann said. “I like making money, especially while helping people. Working with the Danvers folks has been a joyous experience. They are smart, talented people all working together in an effective way. It has been fun and inspiring.”

Schlichtmann recently launched a new Web site detailing his current endeavors, with a section dedicated to the Nov. 22 Danversport explosion at CAI Inc. and Arnel Paint factories at 126 Water St.

“We are in the process of getting the Danvers portion up to speed,” Schlichtmann said.

The site includes news stories on the blast and a blog for anyone interested in posting information or comments on the explosion.

The Web site address is www.civilactionchannel.squarespace.com. Featured are news stories nationwide and worldwide about the “Public Shade Tree Trust” Schlichtmann has formed. This is a groundbreaking project to help towns and cities protect the urban forest from the poisoning caused by leaks from the aging natural gas pipeline network, according to the Web site.

Soon to be announced is a settlement Schlichtmann reached with a Wilmington company related to water supply contamination and kids with cancer.

“I’m unable to give specifics since they are confidential,” Schlichtmann said, “but it’s related to a trust and that settlement in a case similar to the Woburn case.”

Since going through the “traditional” legal channels in filing law suits against W.R. Grace and Beatrice Foods in Woburn, the case featured in “A Civil Action,” Schlichtmann said he learned a valuable lesson in how to achieve a better end for victims.

Instead of lawsuits, “We work to bring all parties to the table and work to reach settlements,” Schlichtmann said.

It’s this approach he has brought to the Danversport victims, he said.

Schlichtmann traveled to Las Vegas, Nevada on Wednesday to speak at the Mass Torts Made Perfect conference regarding a trust formed for victims of Procrit, a drug used to treat anemia.

“I represent the Boston whistleblowers in one of the largest Medicare fraud cases in history, Schlichtmann said Tuesday.

Once back in town next week, Schlichtmann will go to Essex County Probate Court to set the wheels in motion for the Danversport victims to recoup their losses should a settlement be reached with those parties found responsible for causing the Nov. 22 blast, he said.