University of Michigan Law School
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Case Name Flint Water Crisis Legionella Cases PB-MI-0021
Docket / Court [see docket] ( E.D. Mich. )
Additional Docket(s) 5:17-cv-12942  [ 17-12942 ]  Eastern District of MI (U.S.)
5:18-cv-10726  [ 18-10726 ]  Eastern District of MI (U.S.)
State/Territory Michigan
Case Type(s) Public Benefits / Government Services
Special Collection Flint Water Cases
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 ... read more >
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.

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

Several defendants appealed this order on April 14, 2020. This case is ongoing.

Bogyung Lim - 05/28/2020


compress summary

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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Due Process: Procedural Due Process
Due Process: Substantive Due Process
Equal Protection
Defendant-type
Hospital/Health Department
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Defendant(s) City of Flint
Governor Richard D. Snyder
Hurley Medical Center
Lockwood Andrews & Newnam, P.C
McLaren Hospital
Veolia North America, LLC
Plaintiff Description Families of individuals who died from the legionella disease as a result of the Flint water crisis and resulting water contamination.
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Filed 09/07/2017
Case Ongoing Yes
Case Listing PB-MI-0014 : Waid v. Snyder (and In re Flint Water Cases) (E.D. Mich.)
Docket(s)
5:18-cv-10726 (E.D. Mich.)
PB-MI-0021-9000.pdf | Detail
Date: 05/20/2020
Source: PACER [Public Access to Court Electronic Records]
5:17-cv-12942-JEL-MKM (E.D. Mich.)
PB-MI-0021-9001.pdf | Detail
Date: 05/29/2020
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory Relief, Money Damages, and Jury Demand [ECF# 1]
PB-MI-0021-0002.pdf | Detail
Date: 09/07/2017
Source: PACER [Public Access to Court Electronic Records]
Complaint for Declaratory Relief, Money Damages, and Jury Demand [ECF# 1]
PB-MI-0021-0001.pdf | Detail
Date: 03/02/2018
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Amended Short Form Complaint and Jury Demand [ECF# 143]
PB-MI-0021-0003.pdf | Detail
Date: 09/09/2019
Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Amended Short Form Complaint and Jury Demand [ECF# 73]
PB-MI-0021-0006.pdf | Detail
Date: 09/10/2019
Source: PACER [Public Access to Court Electronic Records]
Order Denying Defendants' Motions to Dismiss as Moot [61, 62, 65, 67, 69, 70, 72, 74, 98, 102] [ECF# 145] (E.D. Mich.)
PB-MI-0021-0004.pdf | Detail
Date: 09/16/2019
Source: PACER [Public Access to Court Electronic Records]
Opinion and Order Granting in Part and Denying in Part Defendants' Motions to Dismiss Plaintiff's Short-form Complaint [ECF# 136] (2020 WL 1503256) (E.D. Mich.)
PB-MI-0021-0007.pdf | WESTLAW | Detail
Date: 03/27/2020
Source: PACER [Public Access to Court Electronic Records]
Amended Opinion and Order Granting in Part and Denying in Part Defendants' Motions to Dismiss Plaintiffs' Short-Form Complaint [ECF# 204] (2020 WL 1822304) (E.D. Mich.)
PB-MI-0021-0005.pdf | WESTLAW | Detail
Date: 04/10/2020
Source: PACER [Public Access to Court Electronic Records]
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Judges Levy, Judith Ellen (E.D. Mich.) show/hide docs
PB-MI-0021-0004 | PB-MI-0021-0005 | PB-MI-0021-0007 | PB-MI-0021-9000 | PB-MI-0021-9001
Majzoub, Mona K. (E.D. Mich.) [Magistrate] show/hide docs
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Plaintiff's Lawyers Bingman, Teresa Ann Caine (Michigan) show/hide docs
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Dawson, Donald H. Jr. (Michigan) show/hide docs
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Fieger, Geoffrey N. (Michigan) show/hide docs
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Goodman, William Harry (Michigan) show/hide docs
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Goodwin, Julia Marie (Illinois) show/hide docs
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Hurwitz, Julie H. (Michigan) show/hide docs
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James, Kathryn Bruner (Michigan) show/hide docs
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McGehee, Cary S. (Michigan) show/hide docs
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Rivers, Beth M. (Michigan) show/hide docs
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Tsai, Cindy (Illinois) show/hide docs
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Weglarz, Todd J. (Michigan) show/hide docs
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Defendant's Lawyers Barbieri, Charles E. (Michigan) show/hide docs
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Berg, Frederick A. (Michigan) show/hide docs
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Berger, Jay M. (Michigan) show/hide docs
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Bettenhausen, Margaret A. (Michigan) show/hide docs
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Bolton, Jordan S. (Michigan) show/hide docs
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Burdick, James W. (Michigan) show/hide docs
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Bush, Cheryl A. (Michigan) show/hide docs
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Campbell, James M. (Massachusetts) show/hide docs
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Clare, Christopher B. (District of Columbia) show/hide docs
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Collins, Allison M. (Michigan) show/hide docs
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Devine, Alaina N. (Massachusetts) show/hide docs
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Driker, Eugene (Michigan) show/hide docs
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Dwyer, Lisa L. (Michigan) show/hide docs
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Erickson, Phillip (Michigan) show/hide docs
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Fajen, James A. (Michigan) show/hide docs
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Gambill, Nathan A. (Michigan) show/hide docs
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Gildner, Michael J. (Michigan) show/hide docs
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Grashoff, Philip A Jr. (Michigan) show/hide docs
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Grunert, John A.K. (Massachusetts) show/hide docs
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Jackson, Krista A. (Michigan) show/hide docs
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Jensen, Larry (Michigan) show/hide docs
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Kamenec, Robert G. (Michigan) show/hide docs
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Kim, William Young (Michigan) show/hide docs
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Klein, Sheldon H (Michigan) show/hide docs
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Kuhl, Richard S. (Michigan) show/hide docs
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Larsen, Zachary C. (Michigan) show/hide docs
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MacDonald, J. Brian (Michigan) show/hide docs
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Mateo, T. Santino (Michigan) show/hide docs
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Meihn, Gregory M. (Michigan) show/hide docs
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Mendel, Todd R. (Michigan) show/hide docs
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Morgan, Thaddeus E. (Michigan) show/hide docs
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Pattwell, Michael J. (Michigan) show/hide docs
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Perkins, Todd Russell (Michigan) show/hide docs
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Perry, Michael H. (Michigan) show/hide docs
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Rabin, Jonathon A. (Michigan) show/hide docs
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Rusek, Alexander S. (Michigan) show/hide docs
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Smith, Susan Elizabeth (Maryland) show/hide docs
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Williams, Michael R. (Michigan) show/hide docs
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Wise, Matthew (Michigan) show/hide docs
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Witus, Morley (Michigan) show/hide docs
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Wolf, Barry A. (Michigan) show/hide docs
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