Case 5:16-cv-10444-JEL-MKM ECF No. 1394-2, PageID.54120 Filed 01/15/21 Page 1 of 92
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`EXHIBIT A
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`Case 5:16-cv-10444-JEL-MKM ECF No. 1394-2, PageID.54121 Filed 01/15/21 Page 2 of 92
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
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`In Re Flint Water Cases
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`No. 5:16-cv-10444-JEL-MKM
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`HON. JUDITH E. LEVY
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`MAG. MONA K. MAJZOUB
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`AMENDED SETTLEMENT AGREEMENT
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`Dated: November 16, 2020
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`Case 5:16-cv-10444-JEL-MKM ECF No. 1394-2, PageID.54122 Filed 01/15/21 Page 3 of 92
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`TABLE OF CONTENTS
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`Preamble ........................................................................................................................ 1
`Recitals ........................................................................................................................... 1
`Article I–Definitions ...................................................................................................... 4
`Article II–Payments by Defendants ............................................................................ 15
`Article III–Registration for and Participation in Settlement Program ..................... 17
`Requirements for Registration of Persons and Entities ....................... 17
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`Review of Registration Forms ................................................................ 18
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`Claims Materials Required to be Submitted to Participate in the
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`Settlement Program ............................................................................... 19
`Review of Claims Material ..................................................................... 21
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`Article IV–Settlement Categories ............................................................................... 22
`Article V–Monetary Awards ........................................................................................ 23
`Article VI–Future Minor Claimants ........................................................................... 25
`Article VII–Programmatic Relief ................................................................................ 26
`Article VIII–Preliminary Approval Orders, Class Certification, Final Orders,
`Judgments, and Related Orders ................................................................................. 27
`Individual Plaintiffs ............................................................................... 27
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`Class Members ....................................................................................... 30
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`Final Settlement Agreement ................................................................. 33
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`Article IX–Related Lawsuits ....................................................................................... 34
`Article X–The Qualified Settlement Funds ................................................................ 34
`Article XI–Attorneys’ Fees, Costs, and Expenses ....................................................... 36
`Article XII–Settlement Agreement Administration ................................................... 37
`Claims Administrator ............................................................................ 37
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`Special Master ........................................................................................ 40
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`Settlement Planning Administrator ...................................................... 41
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`Article XIII–Reconsideration Requests and Appeals ................................................. 45
`Settlement Category Reconsideration Request ..................................... 45
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`Appeals to the Special Master ............................................................... 46
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`Article XIV–Dispute Resolution .................................................................................. 47
`Article XV–Liens .......................................................................................................... 48
`Article XVI–Releases and Covenants Not to Sue ....................................................... 52
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`Article XVII–Rescission ............................................................................................... 55
`Article XVIII–Walk-Away Provisions ......................................................................... 58
`Article XIX–Opt-Outs .................................................................................................. 59
`Article XX–Objections .................................................................................................. 61
`Article XXI–Minors and LIIs ....................................................................................... 62
`A.
`Preliminary Motions in State and Federal Courts ............................... 62
`i.
`Genesee County Circuit Court .................................................... 62
`ii.
`Court of Claims ............................................................................ 63
`iii.
`Federal Court ............................................................................... 63
`Registration and Submission of Claims Materials on Behalf of a Minor
`or LII ....................................................................................................... 64
`Second Stage Approval Process—Favorable Notices ............................ 65
`Second Stage Approval Process—Unfavorable Notices, Reconsideration
`Requests, and Appeals to the Special Master ....................................... 67
`Non-Participating Minors and LIIs ....................................................... 67
`E.
`F. Monetary Awards to Minors and LIIs ................................................... 68
`G.
`Class Actions in State Courts ................................................................ 69
`Article XXII–Lawyer Participation Provisions ........................................................... 69
`Article XXIII–Miscellaneous ....................................................................................... 69
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`C.
`D.
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`B.
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`Preamble
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`This Amended Settlement Agreement is made and entered into this 16th day
`of November, 2020, by and between Plaintiffs, individually and on behalf of a
`Settlement Class, and Defendants, who are parties to multiple lawsuits in state and
`federal court, including In re Flint Water Cases, Case No. 5:16-cv-10444-JEL-MKM
`(E.D. Mich.). This Settlement Agreement is intended by the Parties to fully, finally,
`and forever resolve, discharge, and settle all Released Claims against the Released
`Parties, as set forth below, subject to review and approval by the Federal Court, Court
`of Claims, and Genesee County Circuit Court.1
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`Recitals
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`A. Multiple lawsuits have been filed in, removed to, or transferred to the
`United States District Court for the Eastern District of Michigan that have become
`known as In re Flint Water Cases, 5:16-cv-10444. Interim Co-Lead Class Counsel for
`the Putative Class filed a Fourth Consolidated Amended Class Complaint for
`Injunctive and Declaratory Relief, Money Damages, and Jury Demand in Carthan v.
`Governor Rick Snyder, 5:16-cv-10444, and Interim Co-Liaison Counsel filed an
`Amended Master Complaint in Walters v. Governor Richard Snyder, 5:17-cv-10164.
`Related Lawsuits have been filed that: (1) adopted in whole or in part the Amended
`Master Complaint; (2) were initially filed in the Michigan Court of Claims, Genesee
`County Circuit Court or Eastern or Western Districts of Michigan; or (3) are currently
`on appeal in state or federal court.
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`The lawsuits arise from alleged personal injury, property damage, or
`B.
`economic loss incurred by Plaintiffs due to exposure to allegedly contaminated water
`received from the Flint Water Treatment Plant or legal liability for the payment of
`bills for such water between April 25, 2014 and the Execution Date. Plaintiffs seek
`to hold Defendants, among others, liable under various theories of liability, including
`negligence, unjust enrichment, breach of contract, constitutional violations, and
`inverse condemnation.
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`Defendants deny Plaintiffs’ allegations in the Fourth Consolidated
`C.
`Amended Class Complaint, the Amended Master Complaint, and the Related
`Lawsuits. Defendants also deny having any liability for any claims, causes of action,
`costs, expenses, attorneys’ fees, or damages of any kind. Defendants have asserted
`legal and factual defenses against Plaintiffs’ claims in these lawsuits.
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`1 Capitalized terms have the meanings provided in Article I–Definitions, unless a
`section or subsection of this Settlement Agreement states otherwise.
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`Plaintiffs, through their counsel, have engaged in substantial fact
`D.
`gathering to evaluate the merits of their claims and Defendants’ defenses. In
`addition, Plaintiffs have analyzed the legal issues raised by their claims and
`Defendants’ defenses.
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`The Federal Court appointed Theodore J. Leopold of Cohen Milstein
`E.
`Sellers & Toll PLLC and Michael L. Pitt of Pitt McGehee Palmer & Rivers, P.C. as
`Interim Co-Lead Class Counsel for the Putative Class and Corey M. Stern of Levy
`Konisberg, LLP and Hunter Shkolnik of Napoli Shkolnik, PLLC as Interim Co-
`Liaison Counsel for the Individual Plaintiffs.
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`On January 16, 2018, the Federal Court ordered Plaintiffs and
`F.
`Defendants to engage in facilitative mediation to determine if consensual resolution
`was possible and appointed former Wayne County Chief Pro Tem Judge Pamela
`Harwood and Senator Carl Levin (retired) to serve as Mediators.
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`On July 31, 2018, the Federal Court appointed Deborah E. Greenspan
`G.
`of Blank Rome LLP as Special Master in In re Flint Water Cases, 5:16-cv-10444.
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`On August 26, 2019, the Federal Court appointed interim subclass
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`settlement counsel to protect and represent the interests of the potential subclasses
`in negotiations regarding allocation of settlement assets.
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`The Parties, by and through their respective counsel, engaged in
`I.
`settlement negotiations under the direction of the Mediators and the Special Master.
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`After careful consideration, Plaintiffs, and their respective counsel, have
`J.
`concluded that it is in Plaintiffs’ best interest to compromise and settle all Released
`Claims against the Released Parties for the consideration reflected in the terms and
`benefits of this Settlement Agreement. After arm’s-length negotiations with counsel
`for Defendants, including the efforts of the Mediators and Special Master, Plaintiffs
`have considered, among other things: (1) the complexity, expense, and likely duration
`of the litigation; (2) the stage of the litigation and amount of fact gathering completed;
`(3) the potential for Defendants to prevail on threshold issues and on the merits; and
`(4) the range of possible recovery, and have determined that this Settlement
`Agreement is fair, reasonable, adequate, and in the best interests of Plaintiffs.
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`Co-Lead Class Counsel for the Putative Class and Co-Liaison Counsel
`K.
`agree that this Settlement Agreement is in the best interests of the Plaintiffs and will
`provide a fair, just, and efficient process to resolve their claims. Plaintiffs’ Counsel
`and counsel in the Related Lawsuits agree to, subject to the exercise of their
`independent professional judgment and ethical obligations, recommend to their
`clients, whether Individual Plaintiffs or putative Class Members, that they register
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`for and provide the required information necessary to participate as a Claimant in
`the Settlement Program.
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`Defendants have concluded, in light of the costs, risks, and burden of
`L.
`litigation, that this Settlement Agreement in this complex individual and putative
`class action litigation is appropriate. Defendants and their respective counsel agree
`with Plaintiffs and their respective counsel that this Settlement Agreement is a fair,
`reasonable, and adequate resolution of the Released Claims. Defendants reached this
`conclusion after considering the factual and legal issues relating to the litigation, the
`substantial benefits of this Settlement Agreement, the expense that would be
`necessary to defend claims by the Plaintiffs through trial and any appeals that might
`be taken, the benefits of disposing of protracted and complex litigation, and the desire
`of Defendants to conduct their business and activities unhampered by the costs,
`distraction, and risks of continued litigation over Released Claims.
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`The Parties desire to settle, compromise, and resolve fully all Released
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`M.
`Claims.
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`The Parties will seek Federal Court review and approval of the
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`Settlement Agreement as set forth in Article VIII, and upon approval by the Federal
`Court, the Parties will seek Final Orders and Judgments from the Federal Court
`dismissing with prejudice the Fourth Consolidated Amended Class Complaint, and
`the Amended Master Individual Complaint, as well as dismissing the Related
`Lawsuits with prejudice or ordering their dismissal with prejudice.
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`The Fourth Consolidated Amended Class Complaint, the Amended
`O.
`Master Complaint, and the Related Lawsuits that have been filed against Defendants
`in a variety of Michigan state and federal courts include claims filed by or on behalf
`of Plaintiffs who are Minors or LIIs. These claims are currently pending in the
`Genesee County Circuit Court, Michigan Court of Claims, Michigan Court of Appeals,
`Michigan Supreme Court, United States District Courts for the Eastern and Western
`Districts of Michigan, and United States Sixth Circuit Court of Appeals. In addition,
`some individuals who are Minors or LIIs, or their representatives, have filed notices
`of intent to file claims and similar notices in state and federal venues, but have not
`yet filed their formal claims in state or federal courts. As a result, settlement of some
`of these claims are governed by the Michigan Court Rules and Michigan law and some
`by the Federal Rules of Civil Procedure and federal law. In order to have consistency
`in the procedures and substance of the settlement of all claims involving Minors and
`LIIs, the agreed upon settlement procedures for such state and federal court claims
`and notices shall be as described in Article XXI–Minors and LIIs.
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`This Settlement Agreement shall not be construed as evidence of, or as
`P.
`an admission by Defendants of any liability or wrongdoing whatsoever or as an
`admission by Plaintiffs of any lack of merit in their claims.
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`By entering this Settlement Agreement, the State of Michigan, its
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`officers, employees, and departments do not waive any immunity, except to the extent
`necessary for the interpretation or enforcement of this Settlement Agreement as set
`forth in Article XIV–Dispute Resolution. Nothing stated here should be construed as
`a waiver of any immunity available to the State of Michigan or its officers, employees,
`or departments, and all such rights are expressly reserved.
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`NOW, THEREFORE, it is agreed that the foregoing recitals are hereby
`expressly incorporated into this Settlement Agreement and made a part hereof and
`further, that in consideration of the agreements, promises, and covenants set forth in
`this Settlement Agreement, including the Releases and Covenant Not to Sue in
`Article XVI, the Federal Court’s entry of the Final Orders and Judgments dismissing
`the Fourth Consolidated Amended Class Complaint, the Amended Master Complaint,
`and the Related Lawsuits, and the Federal Court’s approval of the terms and
`conditions of the Settlement Agreement, and for other good and valuable
`consideration, the receipt and sufficiency of which are hereby acknowledged, this
`action shall be settled and compromised under the following terms and conditions:
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`Article I–Definitions
`1.1 For the purposes of this Settlement Agreement, the following terms
`(designated by initial capitalization throughout this Settlement Agreement) will have
`the meanings set forth in this Section.
`1.2 Unless the context requires otherwise, (i) words expressed in the
`masculine will include the feminine and neuter gender and vice-versa; (ii) the word
`“will” shall be construed to have the same meaning and effect as the word “shall”; (iii)
`the word “or” will not be exclusive; (iv) the word “extent” in the phrase “to the extent”
`will mean the degree to which a subject or other thing extends, and such phrase will
`not simply mean “if”; (v) references to “day” or “days” in the lower case are to calendar
`days, but if the last day is a Saturday, Sunday, or legal holiday (as defined in Fed. R.
`Civ. P. 6(a)(6)), the period will continue to run until the end of the next day that is
`not a Saturday, Sunday, or legal holiday; (vi) references to this Settlement Agreement
`will include all exhibits, schedules, and annexes hereto; (vii) references to any law
`will include all rules and regulations promulgated thereunder; (viii) the terms
`“include,” “includes,” and “including” will be deemed to be followed by “without
`limitation,” whether or not they are in fact followed by such words or words of similar
`import; and (ix) references to dollars or “$” are to United States dollars.
`“Adult” shall mean any person 18 years or older.
`1.3
`1.4
`“Adult Exposure Subclass” means all persons who were Adults during
`the Exposure Period and who ingested or came into contact with water received from
`the Flint Water Treatment Plant at any time during the Exposure Period and who
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`are claiming or could claim a resulting personal injury. All Adults listed on Exhibit
`1 are excluded from this Subclass.
`“Adverse Notice” means the notice issued by the Claims Administrator:
`1.5
`(i) pursuant to Paragraphs 3.15 and 3.17 to any person who has failed to submit all
`information required by the Registration Form, or failed to timely submit the
`Registration Form, or has been found to be ineligible to register to participate in the
`Settlement Program, (ii) pursuant to Paragraph 3.34 to any Claimant who has not
`timely submitted all proper, complete, and fully executed Claims Materials, or (iii)
`pursuant to Paragraph 21.12 to any Next Friend that has failed to submit proofs
`necessary to demonstrate that they meet the requirements to act as a Next Friend
`for a Minor or LII.
`“Amended Master Complaint” means the Amended Master Complaint
`1.6
`in Walters v. Governor Richard Snyder, 5:17-cv-10164.
`“Business Economic Loss Subclass” means all individuals or entities
`1.7
`who owned or operated a business, including income earning real property and any
`other businesses, that received water from the Flint Water Treatment Plant at any
`time during the Exposure Period and who are claiming or could claim a resulting
`business economic loss. Excluded from the Business Economic Loss Subclass are all
`local, state, or federal government offices or entities and any individual or entity
`listed on Exhibit 1.
`“Claimant” means a person or entity who has timely submitted a proper,
`1.8
`complete, and fully executed Registration Form in order to participate in the
`Settlement Program.
`“Claim Form” means the form at Exhibit 2 and any required proofs as
`1.9
`set forth in Paragraph 3.19.1.
`1.10 “Claims Administrator” means ARCHER Systems, LLC, which shall be
`appointed by the Federal Court, to perform the responsibilities assigned to the Claims
`Administrator under this Settlement Agreement.
` “Claims Material” means the Claim Form and required proofs,
`1.11
`Release(s), and Lien Disclosure Form as set forth in Paragraphs 3.19.1–3.19.3.
`1.12 “Class Action” means the Fourth Consolidated Amended Class
`Complaint and any putative class actions that are part of the Related Lawsuits,
`including but not limited to those lawsuits listed on Exhibit 3.
`1.13 “Class Settlement Notice” means that notice agreed to by Co-Lead Class
`Counsel and Defendants’ Counsel, and as approved by the Court in the Preliminary
`Approval Order applicable to Settlement Class.
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`1.14 “CMS” means the Centers for Medicare & Medicaid Services, the agency
`within the United States Department of Health and Human Services responsible for
`administration of the Medicare Program and the Medicaid Program.
`1.15 “Co-Lead Class Counsel” means Theodore J. Leopold of Cohen Milstein
`Sellers & Toll PLLC and Michael L. Pitt of Pitt McGehee Palmer & Rivers, P.C.
`1.16 “Co-Liaison Counsel” means Corey M. Stern of Levy Konisberg, LLP and
`Hunter Shkolnik of Napoli Shkolnik, PLLC.
`1.17 “Defendants’ Counsel” means Assistant Attorney General Richard S.
`Kuhl of the Michigan Department of Attorney General for the State Defendants, and
`Assistant City Attorney William Y. Kim of the Flint Law Department and Fredrick
`A. Berg of Butzel Long, P.C. for the City of Flint, J. Brian MacDonald of Cline, Cline
`& Griffin, P.C. and Susan E. Smith of Beveridge & Diamond, P.C. for the McLaren
`Defendants, and Craig S. Thompson of Sullivan, Ward, Patton, Gleeson & Felty, P.C.
`for Rowe.
`1.18 “Defendants” means the entities and persons participating in this
`settlement that are or were defendants in any federal or state court, both trial and
`appellate, in which claims have been made or notices of intention to file a claim under
`the Michigan Court of Claims Act, Mich. Comp. Laws § 600.6431, asserting personal
`injury, property damage or economic loss as a result of exposure to water received
`from the Flint Water Treatment Plant, or any bills paid for such water, at any time
`during the Exposure Period, including: State of Michigan; Michigan Department of
`Environmental Quality (now the Michigan Department of Environment, Great
`Lakes, and Energy); Michigan Department of Health and Human Services; Michigan
`Department of Treasury; former Governor Richard D. Snyder; Governor Gretchen
`Whitmer; the City of Flint; the Flint Receivership Transition Advisory Board; Darnell
`Earley; Howard Croft; Michael Glasgow; Gerald Ambrose; Edward Kurtz; Michael
`Brown; Dayne Walling; Daugherty Johnson; Liane Shekter Smith; Daniel Wyant;
`Stephen Busch; Kevin Clinton; Patrick Cook; Linda Dykema; Michael Prysby;
`Bradley Wurfel; Eden Wells; Nick Lyon; Dennis Muchmore; Nancy Peeler; Robert
`Scott; Adam Rosenthal; Andy Dillon; McLaren Regional Medical Center, McLaren
`Flint Hospital, McLaren Health Care Corporation, and Rowe Professional Services
`Company. Any other entity or person that decides to participate in this Settlement
`Agreement may be added as a Defendant by written agreement of Plaintiffs’ Counsel
`and Defendants’ Counsel.
` “Effective Date” shall mean the date that the Settlement Agreement
`1.19
`becomes Final as set forth in Paragraphs 8.12.1–8.12.6.
`1.20 “Execution Date” means the earliest date by which all Plaintiffs’ Counsel
`and Defendants’ Counsel have signed this Settlement Agreement.
`1.21 “Exposure Period” means April 25, 2014 to the Execution Date.
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`1.22 “Favorable Notice” means the notice issued by the Claims Administrator
`pursuant to Paragraph 3.33 to a Claimant who has timely submitted all proper,
`complete, and fully executed Claims Materials.
`1.23 “Federal Court” means the United States District Court for the Eastern
`District of Michigan, Judge Judith E. Levy (or any successor judge designated by the
`United States District Court for the Eastern District of Michigan), presiding in In re
`Flint Water Cases, 5:16-cv-10444, Carthan v. Governor Rick Snyder, 5:16-cv-10444,
`Walters v. Governor Richard Snyder, 5:17-cv-10164, and certain Related Lawsuits.
`1.24 “Final Orders and Judgments” means the final judgments and orders
`entered by the Federal Court as to the Individual Plaintiffs, the Settlement Class,
`and unrepresented Claimants on terms substantially consistent with the terms of
`this Settlement Agreement.
`1.25 “Final Settlement Agreement” means the agreement that becomes final
`upon the completion of all events listed in Paragraphs 8.12.1–8.12.6.
`1.26 “Flint Defendants” mean The City of Flint, Howard Croft, Michael
`Glasgow, Dayne Walling, and Daugherty Johnson (collectively “City Personnel”) and
`Gerald Ambrose, Edward Kurtz, Darnell Earley, and Michael Brown (collectively
`“Emergency Managers”).
`1.27 “Flint Water Treatment Plant” is the facility at 4500 Dort Highway,
`Flint, MI 48506 that treats and distributes water to Flint residents and service areas
`identified on Exhibit 4.
`1.28 “Fourth Consolidated Amended Class Complaint” means the Fourth
`Consolidated Amended Class Complaint for Injunctive and Declaratory Relief, Money
`Damages, and Jury Demand filed in Carthan v. Governor Rick Snyder, 5:16-cv-10444.
`1.29 “Future Minor Claimant” means a person that was less than eighteen
`(18) years of age as of the date they first ingested or came into contact with water
`received from the Flint Water Treatment Plant during the Exposure Period, and
`failed for any reason to timely register for the Settlement Program or did not receive
`a Favorable Notice prior to the date that the lists are posted in Paragraph 3.36.
`1.30 “FWC Qualified Settlement Fund” shall be a fund established within the
`meaning of Treas. Reg. § 1.468B-1, and that will be established for purposes of
`Defendants paying or causing to be deposited the Settlement Amount.
`1.31 “Governmental Payor” shall mean any federal, state, or other
`governmental body, agency, department, plan, program, or entity that administers
`funds, pays, contracts for, or provides medical items, services, and/or prescription
`drugs, including, but not limited to, Medicare, Medicaid, Tricare, the Department of
`Veteran Affairs, and the Department of Indian Health Services.
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`1.32 “HIPAA” means the administrative simplification provisions of the
`Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191,
`110 Stat. 1936 (1996) (codified as amended in scattered sections of 42 U.S.C.) and the
`implementing regulations issued by the United States Department of Health and
`Human Services thereunder, and incorporates by reference the provisions of the
`Health Information Technology for Economic and Clinical Health Act (Title XIII of
`Division A and Title IV of Division B of the American Recovery and Reinvestment Act
`of 2009, Pub. L. No. 111-5 (2009)) pertaining to Protected Health Information.
`1.33 “Individual Plaintiffs” means all persons and entities listed on Exhibit
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`1.
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`1.34 “Legally Incapacitated or Incompetent Individual” or “LII” means an
`individual described in Mich. Comp. Laws § 700.1105(a).
`1.35 “Lien” means any statutory lien of a Governmental Payor or Medicare
`Part C or Part D Program sponsor; or any mortgage, lien, pledge, charge, entity,
`where there is a legal obligation to withhold payment of a Monetary Award,
`Supplemental Monetary Award, Derivative Claimant Award, or some portion thereof,
`to anyone settling under the Settlement Program under applicable federal or state
`law.
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`1.36 “Lien Disclosure Form” means the form and any required proofs
`described at Paragraph 3.19.3.
`1.37 “Lien Resolution Administrator” means ARCHER Systems, LLC and
`MASSIVE, which shall be appointed by the Court to perform the responsibilities
`assigned to the Lien Resolution Administrator under this Settlement Agreement.
`1.38 “Master GAL” means the guardian ad litem appointed by the Genesee
`County Circuit Court and Federal Court to supervise the Panel GALs and review
`Adverse Notices as set forth in Article XXI–Minors and LIIs, to supervise the
`Settlement Planning Administrator, and to carry out and to perform any other
`responsibilities assigned to the Master GAL under this Settlement Agreement or by
`the Federal Court or Genesee County Circuit Court.
`1.39 “McLaren Defendants” means McLaren Health Care Corporation,
`McLaren Regional Medical Center, and McLaren Flint Hospital.
`1.40 “Mediators” means former Wayne County Chief Pro Tem Judge Pamela
`Harwood and Senator Carl Levin (retired).
`1.41 “Medicaid Program” means the federal program administered by the
`states under which certain medical items, services, and/or prescription drugs are
`furnished to Medicaid beneficiaries under Title XIX of the Social Security Act, 42
`U.S.C. § 1396-1 et seq. Medicare Part C or Part D Program” means the program(s)
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`under which Medicare Advantage, Medicare cost, and Medicare health care
`prepayment plan benefits and Medicare Part D prescription drug plan benefits are
`administered by private entities that contract with CMS.
`1.42 “Medicare Program” means the Medicare Parts A and B federal program
`administered by CMS under which certain medical items, services, and/or
`prescription drugs are furnished to Medicare beneficiaries under Title XVIII of the
`Social Security Act, 42 U.S.C. § 1395 et seq.
`1.43 “Michigan ABLE account” shall mean the Michigan Achieving A Better
`Life Experience Program Act, Mich. Comp. Laws § 206.981 et seq.
`1.44 “Minor” means any Claimant participating in the Settlement Program
`that will be less than eighteen (18) years of age at the time an election is made by a
`Next Friend from the options on how a Monetary Award should be distributed as set
`forth in Paragraph 21.28.
`1.45 “Minor Adolescent” means any person that was seven (7) years of age
`through eleven (11) years of age as of the date they first ingested or came into contact
`with water received from the Flint Water Treatment Plant during the Exposure
`Period.
`1.46 “Minor Child” means any person that was six (6) years of age and under
`as of the date they first ingested or came into contact with water received from the
`Flint Water Treatment Plant during the Exposure Period.
`1.47 “Minor Teen” means any person that was twelve (12) years of age
`through seventeen (17) years of age as of the date they first ingested or came into
`contact with water received from the Flint Water Treatment Plant during the
`Exposure Period.
`1.48 “Monetary Award” means the payment of money from the Sub-Qualified
`Settlement Funds to a Claimant as set forth in Article V–Monetary Awards.
`1.49 “MSP Laws” means the Medicare Secondary Payer Act set forth at 42
`U.S.C. § 1395y(b), as amended from time to time, and implementing regulations, and
`other applicable written CMS guidance.
`1.50 “Next Friend” shall mean an individual who is appointed under the
`order required under Paragraph 21.3 to represent the interests of another individual
`who lacks legal capacity to act on his or her own behalf due to being a Minor, or due
`to physical or mental impairment, and have been determined to lack legal capacity,
`being an LII.
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`1.51 “Opt-Out Deadline” shall mean the end of the period to request exclusion
`from the Settlement Class that will be established by the Federal Court and set forth
`in the Class Settlement Notice.
`1.52 “Panel GAL” means the guardians ad litem appointed by the Genesee
`County Circuit Court and Federal Court to determine, as set forth in Article XXI–
`Minors and LIIs, if a Monetary Award is fair, reasonable, adequate, and in the best
`interests of a particular Minor or LII.
`1.53 “Parties” means Plaintiffs and Defendants.
`1.54 “Plaintiffs’ Counsel” means Co-Lead Class Counsel and Co-Liaison
`Counsel.
`1.55 “Plaintiffs” means plaintiffs in any federal or state lawsuit or whom
`have filed notices of intent to sue or notices of intention to file a claim under the
`Michigan Court of Claims Act, Mich. Comp. Laws § 600.6431, asserting Defendants
`are liable for personal injury, property damage or economic loss incurred as a result
`of exposure to water received or purchased from the Flint Water Trea