Firms knew of lead contamination in Flint and failed to act, lawyers argue in civil trial
A pair of engineering firms were too slow to respond to the contamination of Flint's water supply in 2015, lawyers for a group of children suing the companies in federal court argued Wednesday.
In a closing argument for the plaintiffs, attorney Corey Stern said that Veolia Water North America Operating Services and Lockwood, Andrews & Newnam Inc. (LAN) both failed to take adequate steps to respond to lead contamination in the Flint water crisis. Veolia's U.S. operations are based in Boston, and the company provided 98 million people with drinking water in 2019, per its website. LAN is a civil engineering company with locations throughout the U.S., with the majority of its offices being in Texas and California.
But defense attorneys in their own closing arguments argued the fault for any lead contamination lies with former state and Flint officials, including former Gov. Rick Snyder, who submitted a video testimony earlier in the trial.
"The Flint water crisis was a massive failure of government at all levels," said defense attorney Daniel Stein, also pointing to Flint's emergency managers and officials at state agencies like the Michigan Department of Environmental Quality (now Department of Environment, Great Lakes and Energy).
Stern and co-counsel Moche Maimon say the lead contamination eventually led to brain damage in the four children listed as plaintiffs, serving as cause for financial damages from the firms.
"The true story of the Flint water crisis is the one that happened before anyone went into crisis management mode,” Stern told jurors. “The true story of the Flint water crisis is what happened to a community when nobody was watching.”
Plaintiffs' attorneys highlighted the months of testimony and evidence shown to jurors in the trial, which began in February.
The civil trial is separate from a criminal trial against a bevy of former state officials, which recently was returned to the circuit court level after a June ruling from the Michigan Supreme Court.
More: Michigan Supreme Court: Judge erred in Flint water crisis indictments, one-man grand jury
More: Jurors in Flint water trial watch Snyder's 2020 video testimony: What he said
The outcome of the civil trial could result in future litigation from other affected Flint residents if jurors decide the companies are liable for damages. The trial is being held in U.S. District Court in the Eastern District of Michigan in Ann Arbor, with proceedings also streamed over Zoom.
Stern said the firms should have taken aggressive measures to control the water contamination, such as switching the city's water supply back to the Detroit River or adding to the water supply compounds called orthophosphates, which reduce lead levels in water.
Stein rebuked this claim — asserting that Veolia was brought to Flint to review the city's water treatment plant, not the lead service lines and pipes that directly contributed to the lead contamination.
Additionally, he said simply adding orthophosphates to the water supply wasn't a guaranteed fix, as factors like pH balance, alkalinity and organic matter in the water needed to be addressed first.
Plaintiffs are seeking financial compensation from Veolia and LAN. Maimon pointed to cognitive issues suffered by the children — impulsivity, social awkwardness, introversion, anger issues, a lack of focus and others.
“You can’t fix their brains. Unfortunately, nobody can fix their brains. Lead, once it causes brain damage, is permanent. The only thing our law allows for are monetary damages," Maimon said.
He also said mental anguish, loss of social pleasures and enjoyments, embarrassment and humiliation suffered by the plaintiffs need to be considered, should the jury decide to award damages to the children.
Earlier in the trial, an economist testified that monetary damages could factor in the children's income potential had they not suffered brain damage, earning annual median salaries based on levels of education attained. For each plaintiff, Maimon listed amounts of damages ranging from $3 million to $8.5 million, telling jurors the figures were just suggestions.
Stein asserted there was no credible evidence that the children in the lawsuit have suffered neurological and developmental issues due to lead exposure. Stein said blood lead levels for two of the children listed as plaintiffs do not suggest any spikes after the water crisis began.
Lawyers for plaintiffs have presented bone lead levels as evidence, but Stein said the device used to test for any lead exposure is not reliable. He recalled previous testimony from an expert witness who likened the device to something from Star Trek.
“This device is science fiction," Stein said.
“We don’t want to seem callous to these children. Everyone cares about children,” Stein said, but he asserted there was no evidence of any injury to the children, and if there were any injuries to the children it wasn't as a result of any action taken by Veolia.
Stein said Flint officials, for financial reasons, found it unfeasible to switch back to the city of Detroit's water system. He read jurors a quote from a former Flint emergency manager highlighting the lack of funds available to the city at the time.
“You see why the emergency managers in the city of Flint were so wedded to their decision," Stein said.
Stern and Maimon will issue a rebuttal to Stein's argument when the jury returns Thursday morning. Following rebuttals, the jury will be given as much time as it needs to deliver a verdict.
Contact Arpan Lobo: alobo@freepress.com. Follow him on Twitter @arpanlobo.
This article originally appeared on Detroit Free Press: Closing arguments delivered in Flint water crisis civil trial
