Attorney fees and costs have still not been determined but could account for up to one-third of the total settlement amount.
LANSING — A federal judge has given preliminary approval to a proposed $641.25-million partial settlement of civil lawsuits against the state of Michigan and other defendants for the lead poisoning of Flint’s drinking water supply — in what would be the largest class-action settlement in state history. Attorney fees and costs have still not been determined but could account for up to one-third of the total settlement amount. They will be subject to the judge’s approval at a later date. “The court grants preliminary approval of this settlement,” U.S. District Judge Judith Levy said in a 72-page opinion released Thursday. The preliminary approval, she said, will trigger a period of time during which the potentially tens of thousands of people included in the various classes can decide whether they want to participate in the settlement and/or object to it. Opting out and suing separately is among the options. A fairness hearing, at which objections to the proposed settlement will be considered, is set for July 12 in front of Levy. “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 (the) last seven years,” Levy wrote. “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.” The proposed settlement with the state of Michigan, McLaren hospitals and Rowe Professional Services Co. grew to $641.25 million in late December when the Flint City Council voted to join the settlement, using $20 million in city insurance funds, after earlier twice postponing a decision. Flint residents have until March 29 to register to participate in the settlement program. Those who register and are eligible to participate will then have until August 26 to submit the required documents to support their claims. “This is another important day for the residents of Flint, and a further step in the process of receiving justice,” said Ted Leopold of Florida, one of the lead attorneys in the case. Most of the settlement money — $600 million — would come from the state.
