Proposed Flint $641M water crisis settlement includes 30 claim process categories

Downtown Flint Nov. 17, 2020

The sun sets on downtown Flint on Tuesday, Nov. 17, 2020. (Jake May | MLive.com)Jake May | Mlive.com

FLINT, MI -- An outline of how to register a claim and how funds would be allocated through a proposed $641 million settlement of Flint water crisis lawsuits has been released.

The proposed settlement was filed in U.S. District Court Tuesday, Nov. 17 and is still contingent upon its approval by U.S. District Court Judge Judith Levy. Claims cannot be registered yet, but a sample of the proposed registration form can be found in Exhibit 5, starting on page 347 of the settlement’s proposed documents.

If the settlement is approved, people and businesses will have 60 days to register a claim. Following the registration period, Flint residents that have registered will have 120 days to file the documents necessary to support their claims. The process will be managed by a court-appointed claims administrator, according to Corey Stern, a court-appointed co-liaison counsel.

The claim form will allow people or businesses to pick one or more of 30 possible claim categories. The categories are laid out in Exhibit 8 starting on page 379. To receive a payment, those who register must provide supporting information for the claim category or categories selected. Registration alone does not guarantee a payment, according to the document.

Of the 30 total categories, seven apply to children who were age 6 or younger when first exposed to lead. Seven categories apply to “minor adolescents,” ages 7 through 11, when exposed. Seven categories apply to “minor teens,” ages 12 through 17. Seven categories apply to adults, including a category for women who had miscarriages and two categories for adult Legionnaires.' The final three categories apply to residential and business property damage and economic loss.

Minor children settlement categories will receive 79.5% of the money -- 64.5% for those under 6 years old, 10% for ages 7 through 11 and 5% for ages 12 through 17 at first exposure. Adult and property damage settlement categories would receive 18% -- 15% for adults and 3% for property damage. The business economic loss settlement categories would receive 0.5% and a programmatic relief settlement category would receive 2% of the funds.

Proposed Flint water crisis settlement documents

Example hypothetical calculations of monetary awards through proposed Flint water crisis settlement for children between 6 and 6 and a half years old when exposed to lead in water. (Example provided in proposed documents for Flint water crisis settlement)Example provided in proposed documents for Flint water crisis settlement

The pool for paying claims is now more than $641 million. When the deal was first announced by the state of Michigan in August, the settlement amount was for $600 million. However, three additional defendants have joined in the settlement -- the city of Flint, McLaren Regional Medical Center and Rowe Professional Services.

Former and current state and Flint officials were charged with crimes related to the water emergency before their cases were resolved through dismissals or plea agreements. McLaren has been accused but previously denied responsibility for outbreaks of Legionnaires' disease that occurred during the water crisis, and Rowe served as the city of Flint’s engineer from July 2002 until June 30, 2016, according to court documents.

If accepted by the court, the settlement would result in the state of Michigan, the city of Flint, McLaren and Rowe as well employees of the four entities being excused from pending civil litigation related to the water crisis. Lawsuits would continue against other defendants that did not agree to settle, including the federal government and other consultants who worked with the city on water issues, and bond underwriters involved in borrowing for the Karegnondi Water Authority.

Individuals who have brought lawsuits against the state, the city, Rowe and McLaren still have the option of not taking part in the settlement and continuing with their cases.

Read more:

7 things to know from the proposed Flint water crisis lawsuit settlement

Flint water crisis lawsuit settlement grows to $641M after city, McLaren, Rowe agree to terms

Youngest Flint water crisis victims to get 80 percent of historic $600 million settlement

$600M Flint water crisis settlement is more than the state has paid out for the last decades' worth of lawsuits combined

As Flint was slowly poisoned, Snyder’s inner circle failed to act

If you purchase a product or register for an account through a link on our site, we may receive compensation. By using this site, you consent to our User Agreement and agree that your clicks, interactions, and personal information may be collected, recorded, and/or stored by us and social media and other third-party partners in accordance with our Privacy Policy.