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MORE INFORMATION
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Are Notices now being sent with decisions on Claims?Yes, notices are now being sent with decisions on claims. The notices are being sent out on a rolling basis over the next several months. The first set of notices are being sent on April 28, 2023, so you may hear about people receiving notices. Do not worry if you have not yet received yours as they are being sent out on a rolling basis. We expect that notices will be sent approximately every 2 weeks over the next several months.
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I understand that there is a court order that permits certain types of people to act as a next friend for a child. But what if the person seeking to act as a next friend for the child does not meet any of the allowed categories. How can that person become a next friend?The person can apply to the Genesee County Court to be appointed as next friend for purposes of the settlement.
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What do you have to do to be appointed?A Next Friend must be a “suitable and responsible adult” who can make decisions on behalf the child. In many cases, a Next Friend is qualified through the process described in the Flint Water Settlement Agreement. In some situations, a Next Friend must be appointed by the Court. In order to be appointed by the Court, a person seeking to act as a Next Friend must submit certain application documents (sample forms attached) and appear before the Judge to testify under oath. The individual must testify to specific facts describing a significant relationship with and knowledge of the child, along with an understanding of the Next Friend’s role in the settlement at the hearing. The Court will assign a time and date for this court appearance, or “hearing.” This hearing will be conducted via Zoom. Zoom instructions will be provided prior to the assigned hearing date. The proposed Next Friend will provide facts on these topics: Adult’s general background (for example, education, employment, responsibilities for other children, legal history) Nature of the adult/child relationship (family member, foster relationship, other) How long the adult has been involved in the child’s life Continuity of relationship between the adult and the child Description of the adult’s day to day role in the child’s life Explanation of why this adult is best suited to make case decisions on behalf of the child Explanation of why other adults in the child’s life are not suitable to make case decisions on behalf of the child Understanding of the Next Friend’s role in the Flint Water Settlement (including obtaining necessary documentation, timely responding to Notices, requests for information, approving and/or challenging claims determinations, choosing how settlement funds are distributed on behalf of the child) Acknowledgment that a Next Friend is not compensated for this appointment Acknowledgment that a Next Friend does not have access to the Minor’s settlement funds All other facts unique to this appointment The Judge may have additional questions For a link to a template next friend appointment package, please click below:
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What is the purpose of the election?Minors who are not disabled have two choices for receiving their settlement payment: a structured settlement or a trust. This option applies only to payments that are more than $5000. All people representing a Minor Claimant in the Flint Water Settlement will need to complete a Payment Election Form prior to being sent a favorable or adverse notice. The form requires that you select how the payment on behalf of the minor will be made. As stated above there are two options which are more fully described below: 1. Structured Settlement; or 2. Trust.
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What is a “Structured Settlement?The structured settlement will allow you to receive settlement payments at specific payment dates over a period of time. The payments will be made directly to the claimant or the adult representative of the claimant. In a structured settlement (properly set up) the money is invested, and the claimant will receive the investment earnings as well as the settlement money. The earnings on the money will not be taxed when paid to the claimant. If a minor claimant’s claim is approved by the Claims Administrator and the payment election is approved by the court-appointed guardian ad litem, you will receive a Fund Settlement Agreement which will show the payment dates and amounts of the future periodic payments. The minor claimant’s legal representative must sign the Fund Settlement Agreement and accept the payment terms. No changes may be made to the payment amounts or schedule of payments once a selection is made. The scheduled payments are guaranteed by a court-approved life insurance company that will be responsible for making the payments.
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What is a “Trust?”If you do not fill out this form, then the settlement payment will be made to a court-approved trust. The trust will have a trustee who is responsible for investing the funds for the minor’s benefit. The trust will have a specific time that it holds settlement funds for the minor. There will be two types of court approved trusts available in the Flint Water Settlement: 1. The Minors Pooled Settlement Preservation Trust is being set up for minors who are not disabled. The settlement funds will be deposited into the trust and the trustee administering the trust will be able to release funds from the trust account from time to time, for the minor’s use or benefit, only if the trustee believes the expense is related to the minor’s support, education, and welfare. Requests will be submitted to the trustee by the claimant or their legal representative. More information will be provided on the disbursement process upon selecting this monetary payment option. 2. The Pooled Special Needs Trust is a court-established trust that is available for minors as well as adults receiving disability-related federal and state benefits, including Medicaid and Supplemental Security Income (SSI). The trustee administering the trust will be able to release funds from time to time for use by the disabled individual, if the trustee believes the expense is the individual’s best interest. Settlement funds held in the Special Needs Trust help protect eligibility for federal and state disability benefits that have income and asset qualifying tests. If funds remain in the trust after the death of the minor, the trustee must repay federal and state governments for any amounts due upon death.
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How do I obtain a copy of this form?A copy of this form should have been sent to you. If you registered online or have already submitted your claims packet on line then your Payment Election form is in your folder and you can access it by logging onto https://default.officialflintwatersettlement.com/. If you registered via mail or have already submitted your claims packet by mail then a Payment Election form has been mailed to you at the current address provided. If you have not received your form either via mail or cannot access it in your online folder please call our help line at (800) 493-1754. The hours are Monday, Wednesday and Friday from 8:00 AM EST through 5:00 PM EST, Tuesday and Thursday from 8:00 AM EST through 7:00 PM EST, and Saturdays from 8:00 AM EST until 5:00 PM EST.
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What if the Claimant has died ?If the claimant is deceased, please submit the death certificate and any probate or estate documents with the Claim Form to the Claims Administrator. A deceased claimant can be represented by a personal representative appointed by the probate court. If you are represented by a law firm, please make sure you notify the firm of the death of the claimant.
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What are the start and end dates for the Claims Process?The Claims Process will open on January 12, 2022 at 8:00 AM EST. This is the date that you will be able to log into your Caselocker Account that you created during Registration. If you Registered by mail, then you will be receiving a mailed packet and it should reach you by January 12, 2022. The deadline to file your Claims Packet is now June 30, 2022 at 11:59 PM EST. If you are submitting online, you have until 11:59pm EST on June 30, 2022 to submit your Claims Packet. If you are submitting by mail, your envelope must be post marked by June 30, 2022. All Claims Packets must include a completed claim form and signed attestation form and release form.
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What do I have to do to submit a claim?When you receive your claim documents, please review them and the instructions. There are links to the instructions below. You must fill out every section of the forms that apply to you. There may be some sections that do not apply to you. Each individual claimant must complete a separate form. You cannot use one form for several individuals. The claims administrator will review your forms AFTER you submit them with all the required signatures. If you do not finish the forms or do not sign the required documents, then your claim will not be reviewed. Please see the link below for: “Instructions for completing Flint Water Settlement Claim Form”. You can also view a video that will show you have to fill out the forms. Please also see the instructional video (www.officialflintwatersettlement.com). Here are the forms you must fill out and submit. There are links below these FAQ’s for each form containing helpful information: 1. Claim Form - Each individual claimant must submit a separate form. 2. Declaration of Proof of Exposure 3. Lien Questionnaire 4. Release (must be signed) You must sign this form in order to have your claim reviewed. 5. Signature Attestation Form - You must sign this form in order to have your claim reviewed. 6. Property Damage and Business claimants – if you are making a claim for property damage of business economic loss, you must fill out the business forms. See FAQ “How do I submit a claim for property damage or economic loss” below.
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How do I submit a Claim for Property Damage or Economic Loss?You will need to fill out the following forms: Claim Form Lien Questionnaire Declaration of Real Property Owner/Renter and/or Business Owner; Business Interruption Claim Form (Categories 29 and 39 only) Release and Signature Attestation Form Please see FAQ “What do I need to do to Submit a Claim” above for further information.
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How do I submit the forms online?To submit your forms online, complete all fields in all the forms that apply to you and upload the supporting documents using the links provided. Then you must complete the Signature Attestation Form and the Release. You will need to hit “submit” for both these forms and then you will receive an email from Doc-U-Sign to complete the signature. YOUR CLAIM WILL NOT BE CONSIDERED FULLY SUBMITTED AND WILL NOT START THE REVIEW PROCESS UNTIL ALL FORMS ARE SUBMITTED AND THE Signature Attestation and Release FORMS ARE SIGNED.
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Why do I have to fill out more forms? I already submitted my registration form.The settlement requires that each individual complete and submit a claim form along with supporting documents. While the new forms may look similar and are asking for some of the same information as the Registration Form did, they are different. We have already filled in some of the information based on what you submitted during the registration process. If any of that ‘pre filled’ information has changed, , please update these forms with the correct information. You will not receive compensation unless you fill out the claim forms and submit the required documents.
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What if I am represented by a Law firm?If you are represented, your law firm will likely file your claim for you. But you should confirm with your lawyer.
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How long will the Claims Process take?The Claims Administrator is supposed to complete the initial review of your claim within 45 days of the date it is submitted. In some cases it is possible that the response will be delayed – for example, if there is a dispute about the proper “next friend”. When you receive a response, the response will indicate whether your claim has been placed into a settlement category or if further information or documentation is required from you. The notice will also provide instructions on how to submit a reconsideration request. Please note that the Claims Administrator must complete the review of all claims before there can be any evaluation of the amount and timing of payment. Claimants will have until June 30, 2022 to file claims.
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How do I attach a document to my claim when I am filing electronically? For example, if I have a medical test report, what do I do? (Copy)When you go into the on‐line Claim Form, there are several links on the first page of the form where you should attach various supporting documentation by selecting “Choose File” or “+Add More” documents and uploading your document(s). Chose the link to be used for the type of document you are submitting. There are [seven] links on the form to upload different types of documents and forms as follows: - A link is to submit records or documents required for the Settlement Category you have selected in Section 4. If you have a medical record, such as a test result, that is required for the Settlement Category you have selected, use this link to upload the document(s). Please refer to section 4, the Compensation Grid, and the forms accompanying the Settlement Category you selected to see what specific documentation you will need to provide. The Settlement Grid is also available on the website: officialflintwatersettlement.com. - A link to submit documents that prove exposure to Flint water as set forth under “Personal Injury Proof of Exposure for Settlement Categories” starting on page 2 of the “Instructions for Settlement Categories.” - If you are representing a deceased person, a link to provide Court documentation showing that you have been appointed to represent the deceased person’s estate and/or interest. If you already provided these documents when registering, you do not need to provide them again. - If you are representing a legally incapacitated person or minor, a link to provide Court documentation showing that you have been appointed by the Court to represent that person, or documents proving that you have the relationship to that person described in section 2 of the form. If you already provided these documents when registering, you do not need to provide them again. - A link to submit a copy of Claimant’s (or representative’s, if applicable) identification document, such as State‐issued ID card, driver’s license, birth certificate, or similar document. - A link to submit a completed and signed Release form. The form [is attached to the Claim Form] and is also available on the website: officialflintwatersettlement.com. - A link to submit a completed and signed Lien Disclosure form. The form [is attached to the Claim form] and is also available on the website officialflintwatersettlement.com. To upload the documents, click on “Choose File” button and it will allow you to browse your pictures or documents stored on your computer, phone or tablet. Scroll down to the document or picture you want to upload and click on it. It should then upload the document to the Claim Form and you will see a link after the “Choose File” [showing that the document or picture has been uploaded]. If you need to attach another document for the specific category, click on the “+ Add More” button and repeat the process. All supporting documents need to be attached to the Claim Form and not another form. If you need assistance, please contact our help line at (800) 493‐1754.
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Where do I send everything?If you are able to submit your information over the internet, you should upload it into your Case Locker Account that you established during the Registration Process. If you need to submit paper copies, send it to: Flint Water Settlement, 1775 St. James Place, Suite 200, Houston, TX, 77056.
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How much money am I getting?We cannot determine the amount of each individual claimant’s payment until all the claims are reviewed and have gone through any reconsideration and appeal process. Once all these processes are completed, it will be possible to start computing the amount of compensation. IF THERE IS AN APPEAL OF ANY DECISION ON FEES AND EXPENSES, FINAL COMPUTATION MIGHT HAVE TO AWAIT THAT APPEAL.
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How long until I get paid?Payments cannot begin until the claims process has been completed for all claimants that submitted a timely claim. Once all claims are evaluated, then individual awards will be determined. Please refer to the Notice from the Special Master Regarding the Claims Process which is posted on the home page of this site. Please check this website periodically for updates
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What if I don’t have access to the internet or a PC?If you do not have access to the internet or a PC, the Claims Administrator can send paper forms. Please call (800) 493-1754 to request a paper packet.
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I believe that my child/I had a blood lead test. How do I provide that information to you?If you have the test result or can obtain it from your doctor, you can submit that information through the links in the on line claim form or enclose it with your forms if you are submitting your claim by mail. If you cannot locate the test result, the Claims Administrator can look for a test result in data provided by the State of Michigan. The Claims Administrator will need the name of the claimant at the time the test was taken as well as the date of birth.
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What is a next friend?A "Next Friend" is a person authorized by the Court's Order to represent the interests of a minor or a legally incapacitated individual. The Court has authorized the following types of persons to act as a Next Friend for minors: parent (natural or adoptive), grandparent, legal guardian, existing court-appointed representative, adult sibling (full, half, or step), or adult aunt or uncle.
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What documents do I need to support my status as next friend?Please see the list of possible ways to prove the next friend relationship that starts on page 20 of the Instructions for Flint Water Settlement Claim Form. (the link to these instructions is below these FAQ’s) If you do not have these documents there may be a process through the State of Michigan’s Department of Vital Records to help assist in obtaining these documents. However, there is no guarantee that they would be able to provide the chain of certificates needed for some categories. Please make every effort to provide these birth certificates. “If a claimant or next friend does not have a birth certificate, court-appointed personnel may be asked to obtain one or more birth certificates if needed to process your claim. If so, the required cost for obtaining these birth certificate(s) will be deducted from your final compensation.
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How do I obtain information on the water lead level test results for my residence or dwelling during the time of exposure?Government water testing results are available online at: https://www.Michigan.gov/flintwater. If the water was tested by a non governmental vendor, you must contact that vendor to obtain the results.
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If I am selecting a category based upon my residence or dwelling having had lead or galvanized steel service lines, how do I obtain the necessary supporting documentation (only applies to Categories 5, 12, and 19)?"If you select a category that is based on the presence of lead or galvanized steel service lines for your residence, then you must submit the information showing your address or addresses during the exposure period and select category 5, 12, or 19 as applicable. The claims administrator has a database of addresses that show when the service lines were examined and the composition of the service lines. The claims administrator will determine if your address is one that is reported by the City of Flint as having lead or galvanized service lines.
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I don’t know what category to choose?If you submitted a claim on behalf of a minor, the categories are divided based on the age of the minor at the time of first exposure to the Flint water. That should help you define the specific options. You should select a category that best represents the documentation you have, but the Claims Administrator is unable to provide any recommendations or advice regarding any category selection. Please refer to the “Instructions for completing Flint Water Settlement Claim Form” and the Settlement Grid (Please see links to both of these documents below these FAQ’s).
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Is there a number I can call for assistance?The Claims Administrator has established a dedicated help line to assist Claimants. Please contact us on our dedicated phone number at (800) 493-1754. There will be representatives to assist you Monday, Wednesday and Friday 8:00 am – 5:00 pm ET; Tuesday and Thursday 8:00 am – 7:00 pm ET; and Saturday 8:00 am – 5:00 pm ET.
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Are the forms available in any other languages?The forms and instructions are available in both Spanish and Arabic. Please click on the appropriate link at the bottom of the home page under “Additional Languages” (Spanish or Arabic) and the translated versions of the forms will be available. These forms and instructions are available in both Spanish and Arabic. These forms and any supporting documentation must be returned via mail to: ARCHER Systems, LLC Re: Flint Water Settlement 1775 St. James Place, Suite 200 Houston, TX 77056
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Are Notices now being sent with decisions on Claims?Yes, notices are now being sent with decisions on claims. The notices are being sent out on a rolling basis over the next several months. The first set of notices are being sent on April 28, 2023, so you may hear about people receiving notices. Do not worry if you have not yet received yours as they are being sent out on a rolling basis. We expect that notices will be sent approximately every 2 weeks over the next several months.
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When will the funds be distributed?At this time, it cannot be determined when the funds will be distributed. Please see the Notice from the Special Master Regarding the Claims Process which is posted on the home page for further details.
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What is this lawsuit about?The lawsuits and claims in this litigation assert that residents of Flint and others who used or were exposed to water from the Flint Water Treatment Plant between April 25, 2014 and November 16, 2020, suffered personal injury, property damage, economic loss, or any other type of damage or injury as a result of exposure to, use of, or being obligated to pay for, the contaminated water. Some lawsuits were filed by Individual Plaintiffs and some lawsuits were filed as a class action - on behalf of those exposed to the water. Individual Plaintiffs are every person or entity (business) that has already hired their own individual lawyer to represent them in the litigation. If you are an Individual Plaintiff, please contact your lawyer. The lawsuits claim that when the City of Flint switched to the Flint River as the source of water in 2014, the water was not treated correctly and that it caused pipes to corrode and release lead and other contaminants into the water. Plaintiffs allege that exposure to contaminated water received from the Flint Water Treatment Plant (located at 4500 Dort Highway, Flint, Michigan 48506), during the period April 25, 2014 to November 16, 2020, has caused a public health crisis. Plaintiffs also allege that Settling Defendants made the situation worse by, among other things, concealing and misrepresenting the scope of the water contamination, failing to take effective action to eliminate the source of the contamination, failing to properly treat the water in general, failing to properly provide engineering services and advice on treating and addressing contamination of the water, and then lying about it to cover up the misconduct. Settling Defendants deny any and all alleged liability, wrongdoing, violations, and/or damages any of them allegedly caused with respect to any and all claims asserted or that could have been asserted in the lawsuits. The Court has not decided who is right, but both the Plaintiffs and the Settling Defendants have agreed to a settlement to end the lawsuits and avoid further related costs.
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Why is there a settlement?After extensive negotiations with the Settling Defendants, which include the State of Michigan, the City of Flint, government officials, McLaren Hospital, and Rowe Engineering, the parties reached a $641.25 million settlement. Co-Lead Counsel for the Class Plaintiffs and Co-Liaison Counsel for the Individual Plaintiffs led the negotiations on behalf of the plaintiffs, and concluded that the settlement is fair and in the best interests of the class and individual. This settlement does not resolve claims against the engineering companies or the EPA. On January 21, 2021, Judge Levy entered an order preliminarily approving the settlement, conditionally certifying a Settlement Class and Subclasses, and appointing Co-Lead Counsel, the Executive Committee, and Subclass Counsel as attorneys for the Settlement Class. The Court’s Order, which describes the settlement and the basis for the Court’s decision, is available at this link https://2a35d134-36fd-489c-8d5c-30006556e21c.filesusr.com/ugd/c02894_c3db91cc3f184cef80ac19598582f9f0.pdf
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Where can I view the Order preliminarily approving the settlement and conditionally certifying the Settlement Class?You can download a copy of the Order preliminarily approving the Settlement and conditionally certifying the Settlement Class HERE.
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Who is in the Settlement Class?The conditionally certified Settlement Class includes: [A]ll persons or entities who are or could be claiming personal injury, property damage, business economic loss, unjust enrichment, breach of contract, or seeking any other type of damage or relief because at any time during the Exposure Period [of April 25, 2014 and November 16, 2020] they: (1) were an Adult who owned or lived in a residence that received water from the Flint Water Treatment Plant or were legally liable for the payment of such water; (2) owned or operated a business including income earning real property and any other businesses that received water from the Flint Water Treatment Plant or were legally liable for the payment for such water; or (3) were an Adult during the Exposure Period and who ingested or came into contact with water received from the Flint Water Treatment Plant. Members of the Settlement Class may register for the settlement HERE.
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Do I have an attorney in the case?The Court has appointed Theodore J. Leopold of Cohen Milstein Sellers & Toll PLLC and Michael L. Pitt of Pitt McGehee Palmer & Rivers, P.C. as Co-Lead Class Counsel. The Court also appointed Corey M. Stern of Levy Konigsberg, LLP and Hunter Shkolnik or Napoli Shkolnik PLLC as Co-Liaison Counsel for Individual Plaintiffs (this means that they do not represent the Class but participated in the negotiation of the settlement). Both Co-Lead Class Counsel and Co-Liaison Counsel support the settlement. If you want to be represented by your own attorney in this case, you may hire one at your own expense. You may contact the attorneys at:
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Why do Co-Lead Class Counsel recommend settlement?The settlement was reached after extensive discovery in the case, negotiations supervised by court appointed neutrals, and careful consideration. The lawyers and parties must consider a number of factors when evaluating the settlement – including the complexity, expense, and likely duration of the litigation and stage of the litigation. The lawyers also considered the potential for Settling Defendants to prevail (win) and the range of possible recovery (money for Settlement Class Members), and have determined that this Settlement Agreement is fair, reasonable, adequate, and in the best interest of the Settlement Class.
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How will the attorneys be paid?If the settlement is approved by the Court, Co-Lead Class Counsel will ask the Court for an award of attorneys’ fees in an amount not to exceed 33.33% of the amount of the settlement fund that is allocated for payment of claims of Settlement Class Members. Co-Lead Class Counsel may also seek reimbursement of expenses incurred in litigation and negotiating the settlement and may also seek fees for other settlement related and common benefit activities that are not specific to or solely for the Settlement Class. All fees and expenses must be approved by the Court. In addition, certain administrative fees will be paid from the settlement fund including fees and expenses of claims administration and guardians’ ad litem fees and expenses and the costs of providing the Settlement Class Notice and Individual Notice. Any award of such fees and costs, ordered by the Court will be paid from the settlement fund according to the terms and limitations of the Settlement Agreement. The methodology proposed by the Plaintiffs’ attorneys for determining attorneys’ fees and expenses is covered in a separately negotiated addendum that will be attached to the Plaintiffs’ attorneys’ motion to the Court requesting such fees and expenses, and which will be a public document once filed with the Court. It will be available at www.officialflintwatersettlement.com.
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What happens if I do nothing at all?If you are a Settlement Class Member and do nothing, you will not get any money from the settlement. And, unless you opt out of the settlement, you will be bound by the judgment entered by the Court. This means you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit or proceeding against the Settling Defendants about the statements and claims at issue in this case.
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Are notices now being sent with decisions on claims?Yes, notices are now being sent with decisions on claims. The notices are being sent out on a rolling basis over the next several months. The first set of notices are being sent on April 28, 2023, so you may hear about people receiving notices. Do not worry if you have not yet received yours as they are being sent out on a rolling basis. We expect that notices will be sent approximately every 2 weeks over the next several months.
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I did not receive a notice on my claim. What is the status of my claim?Your claim is still in the review process. Notices are being sent at different times. If you have not received a notice it means that the review of your claim is not complete. That does not mean that there is any problem. It only means that your claim is still in line for review.
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What will be in the notice?If your claim has been approved, you will be notified of the claim category that has been approved. If your claim is missing information or has some deficiency, your notice will explain what is missing or deficient, and you will be able to submit more information to fix the problem. The notice will explain how to do that.
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Will the notice tell me how much money I will receive or include my payment if my claim is approved?No. The notices will not tell you how much money you will be receiving. These notices will explain the outcome of the review of your claim. The notices will not include any payments. The claims administrator must complete the review of all claims before there can be any evaluation of the amount and timing of payment for any claim. No payments can be issued until all notices are distributed and all reconsiderations and appeals are completed and the court approves the distribution of funds.
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If my claim is approved, when will I be paid?We cannot tell you a specific date when you will be paid as there remain several steps in the claims review process. The claims administrator is working as diligently as it can. You will receive a further notice about payment at a later date.
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