Case: Flint Water Crisis Legionella Cases

5:17-cv-12942 | U.S. District Court for the Eastern District of Michigan

Filed Date: Sept. 7, 2017

Case Ongoing

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Case Summary

This entry describes Flint water crisis cases focused on Legionella claims against McLaren Hospital. To read about related Flint water crisis cases, click here. Like the umbrella litigation, Waid v. Snyder, described there, the cases covered here are in front of Judge Judith Levy. BackgroundIn 2014, in an effort to save money, the City of Flint (controlled by a state-appointed emergency manager) switched its water supply to water drawn from the Flint River, which was contaminated by Legionella …

Background

In 2014, in an effort to save money, the City of Flint (controlled by a state-appointed emergency manager) switched its water supply to water drawn from the Flint River, which was contaminated by Legionella bacteria. Several patients in Flint hospitals drank the contaminated water, which exposed them to the deadly bacteria and ultimately caused their death.

The plaintiffs, surviving families of the victims, claimed that the hospitals and government officials knew as early as October 2014 and certainly by January 2015 that there was a significant increase in reported cases of fatal and life threatening non-fatal illnesses caused by the exposure to Legionella bacteria beginning in May 2014, and that the likely source of the increase in illness was the introduction of Flint River water as a drinking water source. They claimed that these government officials, the hospitals, and several engineering companies exacerbated the crisis by concealing the increased risk of exposure to the deadly Legionella bacteria and by failing to take effective remedial action to eliminate it, among other things.

Individual Cases

Marble v. Snyder, Docket No. 5:17-cv-12942

On Sept. 7, 2017, an individual plaintiff, in her capacity as an individual and as a personal representative of another individual who died at McLaren Hospital from the Legionella disease, filed a complaint against Governor Synder and other government officials, engineering companies such as Lockwood, Andrews & Newnam (LAN) and Veolia, and the McLaren Hospital in U.S. District Court for the Eastern District of Michigan. The plaintiff, represented by private counsel, alleged that the defendants violated substantive due process and the Equal Protection Clause of the Fourteenth Amendment and hindered access to judicial remedies, among other things. The plaintiff sought declaratory relief and monetary damages, and demanded jury trial.

On March 26, 2018, the plaintiff sought to incorporate by reference the complaint filed in Waid v. Snyder . The plaintiff also filed a supplementary short form complaint. No new parties were added to the complaint.

Several defendants separately filed motions to dismiss on May 30, 2018. On the same day, the City of Flint sought to dismiss the plaintiff’s short form complaint. Several other defendants also sought to dismiss the plaintiff’s long and short form complaints on July 31, and Aug. 17, 2018.

On Sept. 9, 2018, the plaintiff filed an amended short form complaint with jury demand. No parties were added to the complaint. As the motions to dismiss were filed after the plaintiff had filed an amended complaint, the court dismissed the motions to dismiss as moot on Sept. 16 2019.

Several defendants separately filed motions to dismiss the plaintiff’s amended complaint on Oct. 1, 4, and 11, 2019. On April 10, 2020, the court granted in part such motions to dismiss. The claims that remain after the dismissals are violation of bodily integrity claims against some of the government defendants and three types of punitive damages claims: 1) a claim under 42 U.S.C. § 1983 that certain government defendants violated Bertie Marble’s right to bodily integrity; 2) a claim that LAN and VNA were professionally negligent under state law; and 3) a claim that McLaren was negligent under state law. In addition, the court found that the plaintiffs’ professional negligence and negligence counts can go forward, but the request for exemplary damages was dismissed along with any claim for joint and several liability. 2020 WL 1822304

On April 23, a defendant appealed this order. This case is ongoing.

Brown v. Snyder, Docket No. 5:18-cv-10726

On March 2, 2018, an individual plaintiff, in her capacity as a personal representative of another individual who died at McLaren Hospital from the Legionella disease, filed a complaint against Governor Synder and other government officials, engineering companies such as Lockwood, Andrews & Newnam (LAN) and Veolia, Hurley Medical Center, and the McLaren Hospital in U.S. District Court for the Eastern District of Michigan. The plaintiff, represented by private counsel, alleged that the defendants violated substantive due process and the Equal Protection Clause of the Fourteenth Amendment and hindered access to judicial remedies, among other things. The plaintiff sought declaratory relief and monetary damages, and demanded jury trial.

On May 1, 2018, the plaintiff sought to incorporate by reference the complaint filed in Waid v. Snyder . The plaintiff also filed a supplementary short form complaint. No new parties were added to the complaint.

On Sept. 10 2019, the plaintiff filed an amended short form complaint with jury demand. No new parties were added to the complaint.

A defendant sought to dismiss the plaintiff’s amended complaint on Oct. 1, 2019. Several defendants separately filed motions to dismiss on Oct. 4 2019. The court granted in part and part such motions on Mar. 27 2020. The claims that remain after the dismissals are violation of bodily integrity claims against some of the government defendants and two types of punitive damages claims: 1) a claim under 42 U.S.C. § 1983 that certain Government Defendants violated Odie Brown’s right to bodily integrity and 2) a claim that LAN was professionally negligent under state law. 2020 WL 1503256

	Document
5:18-cv-10726	Docket [PACER] Brown v. Snyder	May 20, 2020	May 20, 2020 Docket
5:17-cv-12942	Docket [PACER] Marble v. Snyder	May 29, 2020	May 29, 2020 Docket
1 5:17-cv-12942	Complaint for Declaratory Relief, Money Damages, and Jury Demand Marble v. Snyder	Sept. 7, 2017	Sept. 7, 2017 Complaint
1 5:18-cv-10726	Complaint for Declaratory Relief, Money Damages, and Jury Demand Brown v. Snyder	March 2, 2018	March 2, 2018 Complaint
143 5:17-cv-12942	Plaintiffs' Amended Short Form Complaint and Jury Demand In re Flint Water Cases	Sept. 9, 2019	Sept. 9, 2019 Complaint
73 5:18-cv-10726 5:16-cv-10444	Plaintiff's Amended Short Form Complaint and Jury Demand In re Flint Water Cases / Brown v. Snyder	Sept. 10, 2019	Sept. 10, 2019 Complaint
145 5:17-cv-12942	Order Denying Defendants' Motions to Dismiss as Moot [61, 62, 65, 67, 69, 70, 72, 74, 98, 102] In re Flint Water Cases	Sept. 16, 2019	Sept. 16, 2019 Order/Opinion
136 5:18-cv-10726	Opinion and Order Granting in Part and Denying in Part Defendants' Motions to Dismiss Plaintiff's Short-form Complaint In re Flint Water Cases / Brown v. Snyder	March 27, 2020	March 27, 2020 Order/Opinion 2020 WL 2020
204 5:17-cv-12942	Amended Opinion and Order Granting in Part and Denying in Part Defendants' Motions to Dismiss Plaintiffs' Short-Form Complaint In re Flint Water Cases	April 10, 2020	April 10, 2020 Order/Opinion 453 F.Supp.3d 453

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT FOR DECLARATORY RELIEF, MONEY DAMAGES, AND JURY DEMAND filed by All Plaintiffs against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-6387270 - Fee: $ 400. County of 1st Plaintiff: Genesee - County Where Action Arose: Genesee - County of 1st Defendant: Ingham. [Previously dismissed case: No] [Possible companion case(s): U.S District Court Eastern District of Michigan, 5:16-cv-10444 JEL-MKM, Judge Levy] (Goodman, William) (Entered: 09/07/2017)	Sept. 7, 2017	Sept. 7, 2017 Clearinghouse
	Addition of Parties to CM/ECF: Plaintiff Lashema Indiv and as Pe Marble. Reason: The party was not added to CM/ECF when e-filing 1 Complaint,, (Goodman, William)	Sept. 8, 2017	Sept. 8, 2017 PACER
	A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (LGra)	Sept. 8, 2017	Sept. 8, 2017 PACER
	NOTICE of Error Directed to: William Goodman re 1 Complaint,,. Parties listed on the initiating document were omitted. The filing attorney must use the docket event Addition of Parties to correct the error. [No Image Associated with this docket entry] (LGra)	Sept. 8, 2017	Sept. 8, 2017 PACER
3	NOTICE of Appearance by Cary S. McGehee on behalf of All Plaintiffs. (McGehee, Cary) (Entered: 09/11/2017)	Sept. 11, 2017	Sept. 11, 2017 PACER
2	NOTICE of Appearance by Beth M. Rivers on behalf of All Plaintiffs. (Rivers, Beth) (Entered: 09/11/2017)	Sept. 11, 2017	Sept. 11, 2017 PACER
	Addition of Parties to CM/ECF: Plaintiffs Roy Marble, Jeron Marble, Theresa Marble, Lashema Individually Marble. Reason: Parties were omitted and incorrectly added to CM/ECF (Goodman, William)	Sept. 14, 2017	Sept. 14, 2017 PACER
4	SUMMONS Issued for * All Defendants * (SSch) (Entered: 09/14/2017)	Sept. 14, 2017	Sept. 14, 2017 PACER
	NOTICE of Error directed to: William H. Goodman. Parties listed on the initiating document were omitted. The filing attorney must use the docket event Addition of Parties to correct the error. [No Image Associated with this docket entry] (SSch)	Sept. 14, 2017	Sept. 14, 2017 PACER
5	ATTORNEY APPEARANCE: Michael J. Gildner appearing on behalf of Edward Kurtz (Gildner, Michael) (Entered: 09/19/2017)	Sept. 19, 2017	Sept. 19, 2017 PACER
6	NOTICE of Appearance by Philip A. Erickson on behalf of Leo A. Daly Company, Lockwood Andrews & Newnam Inc., Lockwood Andrews & Newnam, P.C.. (Erickson, Philip) (Entered: 09/26/2017)	Sept. 26, 2017	Sept. 26, 2017 PACER
7	NOTICE of Appearance by Christopher B. Clare on behalf of Bradley Wurfel, Daniel Wyant. (Clare, Christopher) (Entered: 09/28/2017)	Sept. 28, 2017	Sept. 28, 2017 PACER
8	NOTICE of Appearance by David C. Kent on behalf of Leo A. Daly Company, Lockwood Andrews & Newnam Inc., Lockwood Andrews & Newnam, P.C.. (Kent, David) (Entered: 10/03/2017)	Oct. 3, 2017	Oct. 3, 2017 PACER
9	NOTICE of Appearance by Michael J. Pattwell on behalf of Bradley Wurfel, Daniel Wyant., NOTICE of Change of Address/Contact Information by Michael J. Pattwell on behalf of Bradley Wurfel, Daniel Wyant. (Pattwell, Michael) (Entered: 10/12/2017)	Oct. 12, 2017	Oct. 12, 2017 PACER
10	ORDER REASSIGNING CASE from District Judge Arthur J. Tarnow and Magistrate Judge Anthony P. Patti in Detroit to District Judge Judith E. Levy and Magistrate Judge Mona K. Majzoub in Ann Arbor. (SSch) (Entered: 10/25/2017)	Oct. 25, 2017	Oct. 25, 2017 PACER
11	NOTICE of Appearance by J. Brian MacDonald on behalf of McLaren Regional Medical Center. (MacDonald, J.) (Entered: 10/31/2017)	Oct. 31, 2017	Oct. 31, 2017 PACER
12	STIPULATION Regarding Jurisdictional Discovery of the Leo A. Daly Company by Leo A. Daly Company (Erickson, Philip) (Entered: 11/01/2017)	Nov. 1, 2017	Nov. 1, 2017 PACER
17	NOTICE by Andy Dillon, Nick Lyon, Rick Snyder, Eden Wells of Screening Device (Kuhl, Richard) (Entered: 11/02/2017)	Nov. 2, 2017	Nov. 2, 2017 PACER
16	NOTICE of Appearance by Richard S. Kuhl on behalf of Andy Dillon, Nick Lyon, Rick Snyder, Eden Wells. (Kuhl, Richard) (Entered: 11/02/2017)	Nov. 2, 2017	Nov. 2, 2017 PACER
15	NOTICE of Appearance by Zachary C. Larsen on behalf of Andy Dillon, Nick Lyon, Rick Snyder, Eden Wells. (Larsen, Zachary) (Entered: 11/02/2017)	Nov. 2, 2017	Nov. 2, 2017 PACER
14	NOTICE of Appearance by Nathan A. Gambill on behalf of Andy Dillon, Nick Lyon, Rick Snyder, Eden Wells. (Gambill, Nathan) (Entered: 11/02/2017)	Nov. 2, 2017	Nov. 2, 2017 PACER
13	NOTICE of Appearance by Margaret A. Bettenhausen on behalf of Andy Dillon, Nick Lyon, Rick Snyder, Eden Wells. (Bettenhausen, Margaret) (Entered: 11/02/2017)	Nov. 2, 2017	Nov. 2, 2017 PACER
	TEXT-ONLY ORDER Granting 12 Stipulation. Signed by District Judge Judith E. Levy. (SBur)	Nov. 2, 2017	Nov. 2, 2017 PACER
19	AGENDA for November 15, 2017 Status Conference. Signed by District Judge Judith E. Levy. (SBur) (Entered: 11/09/2017)	Nov. 9, 2017	Nov. 9, 2017 PACER
18	ORDER Regarding Issues Discussed at the October 25, 2017 Status Conference - (In-Person Status Conference set for 11/15/2017 at 10:00 AM before District Judge Judith E. Levy) - in Courtroom 1 - Signed by District Judge Judith E. Levy. (SBur) (Entered: 11/09/2017)	Nov. 9, 2017	Nov. 9, 2017 PACER
29	WAIVER OF SERVICE Returned Executed. McLaren Regional Medical Center waiver sent on 10/30/2017, answer due 12/29/2017. (Goodman, William) (Entered: 11/13/2017)	Nov. 13, 2017	Nov. 13, 2017 PACER
28	WAIVER OF SERVICE Returned Executed. Andy Dillon waiver sent on 10/31/2017, answer due 1/2/2018. (Goodman, William) (Entered: 11/13/2017)	Nov. 13, 2017	Nov. 13, 2017 PACER
27	WAIVER OF SERVICE Returned Executed. Eden Wells waiver sent on 10/31/2017, answer due 1/2/2018. (Goodman, William) (Entered: 11/13/2017)	Nov. 13, 2017	Nov. 13, 2017 PACER
26	WAIVER OF SERVICE Returned Executed. Nick Lyon waiver sent on 10/31/2017, answer due 1/2/2018. (Goodman, William) (Entered: 11/13/2017)	Nov. 13, 2017	Nov. 13, 2017 PACER
25	WAIVER OF SERVICE Returned Executed. Rick Snyder waiver sent on 10/31/2017, answer due 1/2/2018. (Goodman, William) (Entered: 11/13/2017)	Nov. 13, 2017	Nov. 13, 2017 PACER
24	ATTORNEY APPEARANCE: Megan R. Mulder appearing on behalf of McLaren Regional Medical Center (Mulder, Megan) (Entered: 11/13/2017)	Nov. 13, 2017	Nov. 13, 2017 PACER
23	ATTORNEY APPEARANCE: J. Brian MacDonald appearing on behalf of McLaren Regional Medical Center Megan R. Mulder (MacDonald, J.) (Entered: 11/13/2017)	Nov. 13, 2017	Nov. 13, 2017 PACER
22	NOTICE of Appearance by J. Brian MacDonald on behalf of McLaren Regional Medical Center. (MacDonald, J.) (Entered: 11/13/2017)	Nov. 13, 2017	Nov. 13, 2017 PACER
21	ATTORNEY APPEARANCE: Kathryn Bruner James appearing on behalf of All Plaintiffs (James, Kathryn) (Entered: 11/13/2017)	Nov. 13, 2017	Nov. 13, 2017 PACER
20	ATTORNEY APPEARANCE: Julie H. Hurwitz appearing on behalf of All Plaintiffs (Hurwitz, Julie) (Entered: 11/13/2017)	Nov. 13, 2017	Nov. 13, 2017 PACER
	TEXT-ONLY ORDER Granting 30 Stipulation. Signed by District Judge Judith E. Levy. (SBur)	Nov. 14, 2017	Nov. 14, 2017 PACER
30	STIPULATION re 1 Complaint,, to Establish Deadline by Andy Dillon, Nick Lyon, Rick Snyder, Eden Wells (Bettenhausen, Margaret) (Entered: 11/14/2017)	Nov. 14, 2017	Nov. 14, 2017 PACER
	Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 11/15/2017. (Court Reporter: Jeseca Eddington) (SBur)	Nov. 15, 2017	Nov. 15, 2017 PACER
31	ORDER Regarding Issues Discussed at the November 15, 2017 Status Conference - (In-Person Status Conference set for 1/4/2018 at 2:00 PM before District Judge Judith E. Levy) - in Courtroom 1 - Signed by District Judge Judith E. Levy. (SBur) (Entered: 11/17/2017)	Nov. 17, 2017	Nov. 17, 2017 PACER
38	STIPULATION to Establish Deadline by McLaren Regional Medical Center (MacDonald, J.) (Entered: 11/21/2017)	Nov. 21, 2017	Nov. 21, 2017 PACER

Case: Flint Water Crisis Legionella Cases

5:17-cv-12942 | U.S. District Court for the Eastern District of Michigan

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