Close to 1,000 claimants in the Bogalusa litigation on the 1985 Gaylord chemical spill have failed to return releases for additional settlements, and if they don’t, none of the 4,000 plaintiffs in the case will get their portions of those settlements, according to a client newsletter update sent out last month by Fleming and Associates of Houston.

Bogalusa Community Action Organization President Joel Miller urges everyone to sign their releases and get them sent in so everybody can get paid. He said the CAO, which has held informational meetings for claimants throughout the nearly 15 years since the spill, will meet in the near future to further discuss the situation, but the meeting dates have not yet been set.

Miller forwarded the Fleming letter to the Daily News.

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It includes: 

“In September 2008, we visited Bogalusa and passed out checks for the Gaylord settlement. At the time we distributed those checks, we obtained releases for the proposed settlements with Gaylord Excess Insurers and Union Tank Car. For those who did not meet with us in Bogalusa, we sent out releases to be signed and returned. Unfortunately, almost a year and a half has passed and the Gaylord Excess Insurer and Union Tank Car settlements have not funded.

“The reason the settlements have not funded and you have not received the money allocated to you by the Special Master is because almost one quarter of the 4,000 plaintiffs in the Bogalusa litigation have failed to return their settlement releases. The terms of the settlements require that substantially all of the plaintiffs agree to settle (provide properly executed releases) before the defendants fund the settlement. Thus, the settlements will never fund until the outstanding releases have been returned.

“Plaintiffs who no longer have their settlement documents are urged to contact Paul Johnson or Pam Myers at 713-621-7944 for new release packages.”

The letter, signed by Rand P. Nolen, concludes: “This year will mark the 15th anniversary of the Bogalusa explosion and chemical release. Only with your cooperation and the cooperation of your neighbors will we ever be able to bring this litigation to a conclusion. If you have not returned your release, please do so immediately.”

Miller echoed that sentiment.

“I ask everybody to look at their papers and make sure if they haven’t sent in their releases to get with their attorneys and make arrangements to get them in as soon as possible,” he said.

Miller said he expects to verify dates Monday for public meetings this week.