Elyria to join class action over PFAS in firefighting foam; law director seeks contingency retention

Elyria’s finance committee on May 12 approved an ordinance to retain Brian Balzer law to allow the city to participate in class-action litigation related to PFAS chemicals commonly found in firefighting foams and certain other products.

Law Director Deary summarized initial contacts, saying the mayor and his office confirmed with Fire Chief Pernesti that the department used firefighting-foam products containing PFAS in recent years; city counsel then consulted with attorney Brian Balzer, who handles related class actions. Deary said Balzer indicated he is conducting similar litigation and the city’s participation would be on a contingency-fee basis.

Committee members asked about fee splits and the eventual handling of any settlement dollars. Deary said the proposed retention agreement (to be attached to the ordinance) will set the contingency percentage; he noted prior cases he had seen where contingency shares were in the mid-20% range and said he would obtain Balzer’s proposed agreement before final council action. Members asked if settlement proceeds could be earmarked for the fire department or medical costs related to PFAS exposure; staff said settlement terms sometimes restrict permissible uses and recommended setting up a special revenue fund if significant proceeds are received so disbursements can be tracked and allocated per any settlement or council direction.

The committee approved the retention ordinance by voice vote; Deary will obtain Balzer’s proposed contingency agreement as an exhibit to the ordinance for council review.