Judge Grants Preliminary Approval to $641M Flint Water Settlement

FLINT, MI — Preliminary approval of the $641.25 million civil Flint water settlement was granted Thursday by Judge Judith Levy of the U.S. District Court for the Eastern District of Michigan. The court’s order will become effective on Jan. 27.

The preliminary approval begins the process for Flint residents to file settlement claims. Levy will still need to issue a final ruling on the settlement after conducting a fairness hearing, which is scheduled for July 12.

“With Judge Levy’s preliminary approval granted, this historic settlement is one step closer to providing Flint residents with the financial relief that they may have otherwise never received if the legal back-and-forth were to continue in the courts,” Michigan Attorney General Dana Nessel said. “While final approval remains pending, the settlement can provide people with security that their claims will be heard and not tied up in legal proceedings for an indefinite period of time. Plaintiffs’ counsel and state attorneys, court-appointed mediators and a special master have all concurred that this agreement was made with the best interests of Flint in mind, and a federal judge has now determined that it meets the necessary preliminary legal requirements to proceed.

"As the court considers a final ruling in this settlement, we will continue to keep our focus on healing this embattled city.”

Corey Stern, an attorney representing plaintiffs in hundreds of lawsuits filed over the Flint water crisis, said that now those affected by the crisis will "no longer have to hope for 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," he said in a statement to Patch.

Flint residents will have 60 days to register to participate in the settlement program, the state said. Following the registration period, registered Flint residents will have 120 days to file the documents necessary to support their claims. Detailed information on the registration and the claims processes will shortly be available on the claims administrator website, the attorney general's office said.

If the court grants final approval of the settlement it is estimated that the claims and payment process may be substantially complete before the end of 2021, the AG's office said Thursday. However, that timeline could change depending on the court’s schedule.

Read More: Michigan Finalizes Flint Water Crisis Settlement Plan

The $600 million preliminary agreement to settle the lawsuits filed against the State after the City of Flint switched is public water supply to the Flint River in 2014 were reached in August 2020.

Defendants that joined the settlement since August include the city of Flint, which is providing $20 million through its insurer, and McLaren Regional Medical Center and Rowe Professional Services Co., which are contributing $20 million and $1.25 million, respectively.

Flint switched its water source from the city of Detroit to the Flint River to save money in 2014, while under the control of a state-appointed emergency manager, The Associated Press reported. State environmental regulators advised Flint not to apply corrosion controls to the water, which was contaminated by lead from aging pipes.

Residents quickly began complaining that the water was discolored and had a bad taste and smell. They blamed it for rashes, hair loss and other health concerns. But local and state officials insisted it was safe, the AP reported.

Researchers with Virginia Tech University reported in summer 2015 that samples of Flint water had abnormally high lead levels. Shortly afterward, a group of doctors announced that local children had high levels of lead in their blood and urged Flint to stop using water from the river.
Snyder eventually acknowledged the problem, accepted the resignation of his environmental chief and pledged to aid the city, which resumed using Detroit water.

Researchers said in late 2016 that lead was no longer detectable in many homes. But residents used bottled water for drinking and household needs for more than a year, and residents still have trust issues about the water provided to them.

Recently, nine former state officials — including former Michigan Gov. Rick Snyder — were arraigned on charges in connection with the Flint Water crisis.