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Special Master asks federal judge for permission to start Flint water settlement payments

After waiting more than a decade, Flint residents are a major step closer to being compensated for damages tied to the city’s drinking water crisis.

In April, 2014, the city of Flint’s drinking water source was switched to the Flint River. The intent was to save money. But the result was improperly treated river water damaged aging pipes releasing lead and other contaminants into the city’s drinking water.

Tests showed lead in Flint’s tap water was significantly above state and federal limits. Health officials say there is no safe level of lead in drinking water.

18 months later, Flint’s drinking water was switched back to Detroit’s water system. But by then, the damage was done.

Late Friday, the Special Master appointed by a federal judge to oversee the claims process, filed a report outlining how thousands of claims will be paid.

The payments would range from approximately $100,000 to $1,000. The largest award would be for a claimant who was a child under 6 years old at the time of the Flint Water Crisis (April 25, 2014 to July 31, 2016) with documented high levels of lead in their body.

“All other awards – for young children without such high lead levels or for older children and adults – will be considerably lower,” writes Special Master Deborah Greenspan in Friday’s court filing.

Greenspan is asking U.S. District Judge Judith Levy for permission to commence distribution of payments. According to Friday’s court filing, the final allocation of settlement funds will be based on “the Court’s determination of the allocation methodology, the treatment of interest earned on the Fund, the elimination of certain deductions, and the accounting for accrued and future administrative costs.”

However, the process of reviewing claims and appeals is not complete.

“Appeals have continued to be submitted as recently as the week before the date of this report,” writes Greenspan, “A number of appeals are still under final review and those decisions will be completed shortly.”

According to Friday’s court filing, 25,900 claimants have been approved for payment. Of those, 12,770 are claims submitted by adults at the time of the water crisis and 13,130 are claims for children. The total number of claims approved is 28,428.

There are 30 categories in the Flint Water Settlement, dividing the claimants among those under the age of six at the time of the crisis, between seven and eleven, between twelve and 17, adults and residential and business damage claimants. 64.5% of the settlement funds are reserved for those under six years old at the time of the water crisis.

In 2020, the state of Michigan agreed to settle lawsuits filed against it for $600 million. The city of Flint, McLaren Flint Hospital and Rowe Professional Services agreed to join the settlement. The exact size of the settlement pool is unclear at this time, given the interest earned on the settlement funds investment.

In 2023, Judge Levy decided attorneys who represent thousands of Flint water settlement claimants will receive 25% of the settlement funds.

Earlier this year, officials announced a separate settlement with a consultant hired during the water crisis.

Recent tests have shown Flint's drinking water is within federal and state standards for lead.

Steve Carmody has been a reporter for Michigan Public since 2005. Steve previously worked at public radio and television stations in Florida, Oklahoma and Kentucky, and also has extensive experience in commercial broadcasting.
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