Flint Water Crisis Victims Receive $25M in Settlement

 In re: Flint Water Cases

Case Background

On May 21, 20119, Plaintiff Leanne Walters and others filed a Personal injury and Flint Water Crisis lawsuit in the United States District Court for the Eastern District of Michigan(Case number:  5:16-cv-10444). Judge Judith E. Levy and Magistrate Elizabeth A. Stafford presided over this case. The lawsuit was filed by thousands of plaintiffs, including children, adults, property owners, and business owners. The plaintiffs alleged that public officials and engineering firms were responsible for the crisis and that they caused, prolonged, concealed, ignored, or downplayed the risks of exposure to the contaminated water

Cause

In 2014, the City of Flint, Michigan, made the controversial decision to switch its primary water supply from the Detroit Water and Sewerage Department to the Flint River, aiming to save money. However, the untreated, corrosive river water caused severe lead contamination in the city’s drinking water. As a result, residents began suffering from lead poisoning, which triggered a public health crisis. The decision to switch the water source was compounded by the Michigan Department of Environmental Quality’s (MDEQ) failure to properly treat the river water, preventing lead leaching from aging pipes.

In response, Flint residents filed numerous lawsuits, including the Flint Water Crisis Lawsuit, in which Leanne Walters sought justice for the harm she and other residents had experienced. These lawsuits targeted multiple defendants, including then-Governor Rick Snyder, MDEQ officials, the Michigan Department of Health and Human Services, and various private contractors, such as Veolia North America LLC, which provided consulting services, and Lockwood Andrews & Newnam, involved in the engineering efforts. These cases were consolidated under the caption In re: Flint Water Cases.

Injuries

The Flint Water Crisis caused widespread injuries to residents. The most severe injury was lead exposure, which posed significant health risks, especially to children and pregnant women. Lead poisoning has long-lasting and irreversible effects, including developmental delays, learning disabilities, and behavioral problems in children. Adults also suffered from various health issues, such as high blood pressure and kidney problems. In addition to physical injuries, residents faced economic harm.

The contaminated water caused significant damage to homes and businesses, as lead and other contaminants corroded plumbing systems, making the water unsafe to drink, bathe in, or cook with. Many residents had to replace their plumbing or relocate, incurring substantial out-of-pocket expenses. Property damage claims included the cost of water treatment systems, home repairs, and compensation for businesses suffering economic losses. In total, the water contamination caused immense harm to the health and livelihoods of Flint’s residents.

Key Arguments and Proceedings

Legal representation

• Plaintiff(s): Leanne Walters | Other plaintiffs
  • Counsel for Plaintiff: Theodore J. Leopold | Michael L. Pitt

• Defendant(s): Veolia North America LLC | Veolia Environment SA
  • Counsel for Defendants: Mark R. Ter Molen | James M. Campbell | John A. Grunert | Cheryl A. Bush | Michael R. Williams

Claims

The plaintiffs in the Flint Water Crisis Lawsuit sought damages for various claims, including personal injury, property damage, and business economic losses. The claims were primarily based on violations of federal laws, such as the Safe Drinking Water Act and the Federal Tort Claims Act, which govern drinking water quality and government responsibility to ensure public health. Plaintiffs argued that state and local officials, including Governor Snyder and MDEQ employees, failed to protect the public from the dangers of contaminated water, despite clear warning signs.

They also accused Veolia, contracted to provide consulting services, of negligence for not adequately addressing the risks of switching to Flint River water. The lawsuit also included claims for business economic loss from businesses that relied on the contaminated water. Property damage claims were filed by homeowners who faced costly repairs due to corroded plumbing. The lawsuit sought not only monetary compensation but also accountability from both government and corporate entities involved in the crisis.

Defense

The defense in the Flint Water Crisis Lawsuit was robust, contesting nearly every aspect of the plaintiffs’ claims. Veolia, as a private contractor, argued that its role in the water contamination crisis was limited. The company stated that it only provided engineering and consulting services. It claimed that it was not directly involved in the decision to switch to the Flint River. Veolia also denied responsibility for the lead contamination. The company pointed to city and state officials as the primary decision-makers.

Similarly, government officials, including Governor Rick Snyder and MDEQ employees, defended their actions. Further, they claimed they lacked sufficient knowledge of the risks associated with Flint River water at the time. They argued that the decision was a well-intentioned cost-saving measure. Additionally, they maintained that the full extent of the contamination was not known until later. The defendants also contended that the EPA should bear some responsibility. They argued that federal oversight might have prevented the crisis from escalating.

. Many of the government defendants maintained that the crisis resulted from a combination of errors, not intentional negligence.

Settlement

After years of litigation, a settlement was reached in the Flint Water Crisis Lawsuit. On April 19, 2024, plaintiffs moved for preliminary approval of a settlement in which Veolia North America LLC agreed to contribute $25 million to a qualified settlement fund. This fund was designated to compensate individuals, families, and businesses affected by the Flint water crisis. The settlement class included all individuals and entities exposed to contaminated water from the Flint Water Treatment Plant between February 10, 2015, and July 31, 2016. The settlement offered compensation to three main groups: those suffering from personal injury due to lead contamination, those who experienced property damage, and businesses that claimed economic losses.

A subclass for business economic losses included adult business owners whose properties were affected. On June 6, 2024, Judge Judith E. Levy granted preliminary approval of the settlement. On September 6, 2024, plaintiffs filed a motion for final approval. They emphasized that the settlement offered a fair resolution to the class, despite the challenging litigation process.

Court Documents:

Documents Available for Purchase upon Request