Decision Allows Flint Resident’s Lawsuit Against State to Move Ahead

Marc J. Bern & Partners LLP and Excolo Law, on behalf of our approximately 4,000 clients and victims of the Flint water catastrophe, applaud the State of Michigan Court of Claims for its decision on Thursday October 27, which held the State of Michigan responsible for the reckless acts of the Governor and Emergency Managers in the case of Mays v. Snyder, et al.

The suffering of the Mays family is just one of thousands of tragedies resulting from the grossly negligent acts of the State of Michigan which exposed every resident of and visitor to Flint – including pregnant women, children, and the elderly – to ultrahazardous, toxic substances. In a failed effort to save money, the State of Michigan exposed its citizens to dangerous toxins every time they turned on the taps in their kitchens, bathrooms, restaurants, schools, water fountains, and every other water source in this historic city.

Unknown to the citizens of Flint, for nearly two years, their elected and appointed leaders were facilitating and perpetuating a reckless scheme which poisoned them through exposure to the unsafe and corrosive Flint River. The predictable result of this recklessness has and will continue to be widespread physical injuries – including children with severe brain damage, women with destroyed reproductive systems, and citizens of every age suffering from cardiovascular, kidney, and cognitive diseases. Tragically, these same citizens have and will continue to suffer additional damage to their property, homes, and businesses.

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We further applaud the preliminary investigation of the United States Environmental Protection Agency (EPA) Office of Inspector General, which found that the EPA failed to timely intervene and act to protect the health, safety, and welfare of the citizens of Flint when such intervention would have reduced these severe injuries and property damage. In failing to act, the EPA continued the ongoing catastrophe in Flint. For nine months, the EPA possessed actual knowledge that the people of Flint were being poisoned every hour of every day in their homes, businesses, and schools. Yet, despite having the authority to act, the EPA did nothing.

Marc J. Bern & Partners LLP is honored to join the citizens of Flint in their fight for justice. The moral and ethical tragedy which continues in Flint – prolonged with the direct knowledge of the United States government – could happen to anyone, anywhere, at any time. We ask every American citizen to help protect future victims, including their own families, from this sort of civil recklessness and mismanagement by urging their elected representatives to help the innocent victims of the Flint water crisis. Protecting the people of Flint, protects us all.

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