FLINT, MI - A federal court judge has granted preliminary approval of a $641 million settlement of some lawsuits filed by Flint residents against the state of Michigan, city of Flint and others over the city’s water crisis.
In a decision issued Thursday, Jan. 21, Judge Judith E. Levy found the settlement that’s proposed to be shared by individuals harmed by Flint water and their attorneys meets the minimum requirements of being fair, adequate and reasonable. Her ruling sets in motion a 60-day registration window for those willing to drop their legal claims against four entities - the state, the city, McLaren Regional Medical Center and Rowe Professional Services.
Following the registration period, if the deal is given final court approvals, residents would have an additional 120 days to file the documents necessary to support their claims with the process managed by a court-appointed claims administrator.
“Preliminary approval ... is the first step in the multi-stage settlement process,” Levy wrote in her opinion and order. “Before final approval can be granted, claimants will have an opportunity to evaluate whether it is in their best interests to join the settlement. They will also have an opportunity to object to the settlement and to opt out of the settlement (or, if they are not a class member, to simply reject the settlement) and proceed to litigate their claims individually.”
Although some residents, including former Mayor Karen Weaver, have spoken out against the settlement and its terms, saying it provides too little compensation and not enough to adult water crisis victims, the judge’s decision also starts a process that allows those objections to the deal to be considered by the court and triggers a public hearing to take in comments from those who oppose it.
Those who claim they were harmed by city water can opt out of the settlement and continue with lawsuits in state and federal courts. They can also continue to pursue claims against others who have refused to join the settlement, including the U.S. Environmental Protection Agency and consultants, including Veolia North America, that advised Flint officials during the water crisis.
“The Court has heard from some Flint residents who have expressed frustration with aspects of this settlement,” Levy’s opinion and order says. “Though the Court’s role in responding to these concerns is limited, these impacted individuals may join the settlement and still continue in the political process to seek the justice they have told the Court this settlement does not provide. Those affected will have to decide whether the risks of litigation - and there are many - outweigh the benefit of a certain resolution with the Settling Defendants.
“The Court is sympathetic to the complexity of these decisions. Indeed, there may be no amount of money that would fully recognize the harm the residents of Flint have experienced, including their anxiety, fear, distrust, and anger over the events of last seven years. Litigation has its benefits, but also its limitations, and the preliminary approval of this settlement does not affect or preclude other avenues of redress. This litigation—however it concludes—need not be the final chapter of this remarkable story.”
Corey Stern, a New York-based attorney who represents more than 2,600 children and 1,400 adults who have filed water crisis lawsuits in federal court, called the preliminary approval a day of reckoning.
“This settlement promises to deliver restitution for the families, and children most especially, whose lives were senselessly and permanently damaged because they were denied their basic right to safe, clean drinking water,” Stern said Thursday. “If we want to ensure that what happened in Flint never happens again, then the fight cannot end after this settlement. There are still individuals and companies who have faced no consequences for their involvement in creating and perpetuating the water crisis.
“Every responsible party needs to be held to account. So while the Court’s preliminary approval of the settlement marks a significant step forward, it’s not enough. There must and will be more justice to come.”
Final approval of the settlement is still required by Levy and two state court judges who are presiding over more than 100 cases filed on behalf of thousands of Flint residents.
Levy has said she will take as long as necessary to hear any comments from residents before giving final approval to the deal - even if their testimony takes several days to complete.
The amount of money to be paid to individuals making claims won’t be determined until the claims process moves forward and will depend on the number of eligible claims submitted, the category of claims and the evidence of harm tied to each claim.
Attorney fees will be determined by the court at a later date, but prior to the settlement receiving final approval, Michigan Attorney General Dana Nessel has said.
Additional details surrounding the settlement, including compensation categories, eligibility criteria, the claims process and more is available online.
The proposed deal would dismiss the state, city, Rowe and McLaren as well as their employees from pending lawsuits if residents agree to it.
The settlement, which state officials have said is likely the largest in Michigan history, calls for nearly 80 percent of the available funds to be paid to children who were younger than 18 when they were first exposed to Flint River water, which contained elevated levels of lead, bacteria and chlorination byproducts in 2014 and 2015, through the city’s municipal water system.
Read more on MLive:
Judge plans to rule on Flint water crisis settlement in next 8 days