TRTAC (@trtac2) 's Twitter Profile
TRTAC

@trtac2

just putting the facts out no biggie

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calendar_today05-10-2020 11:17:18

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Paul Egan (@paulegan4) 's Twitter Profile Photo

As parties move closer to one of the largest settlements in MI history -- $641.25M for the #FlintWaterCrisis -- there are huge tensions over the role the use of portable bone scanning equipment will have in determining how much each Flint resident receives bit.ly/3ulizRu

Paul Egan (@paulegan4) 's Twitter Profile Photo

How do you measure toxic lead exposure in each Flint resident, and most importantly each Flint child? Lead only stays in the blood a short time, so measurements of lead in bone are being used to support claims for some of the bigger dollar amounts.

Paul Egan (@paulegan4) 's Twitter Profile Photo

But there is no stationary bone scanning equipment in the Flint area, and it was deemed impractical to send thousands of people hundreds of miles away to get tested.

Paul Egan (@paulegan4) 's Twitter Profile Photo

So instead, one of the lead law firms involved in the settlement, Napoli Shkolnik of New York, purchased a few portable bone scanners, which they have been operating out of what is essentially a law office in Flint.

Paul Egan (@paulegan4) 's Twitter Profile Photo

There are safety concerns about use of the portable scanners. It seems almost incredible to say, given the history of what has happened in Flint, but the portable scanners are not designed for, nor normally authorized for, use on human beings.

Paul Egan (@paulegan4) 's Twitter Profile Photo

But the law firm has said in court filings the scans emit less radiation than a dental X-ray and the lawyers say the work is overseen by medical experts from Purdue University and Harvard University who authorized modification to the equipment to ensure safety.

Paul Egan (@paulegan4) 's Twitter Profile Photo

U.S. District Judge Judith Levy, the federal judge in charge of the case, is satisfied that use of the portable bone scanning equipment is safe.

Paul Egan (@paulegan4) 's Twitter Profile Photo

There is another big fight over the portable bone scanners among the attorneys in the case. Not surprisingly, this one relates to money.

Paul Egan (@paulegan4) 's Twitter Profile Photo

One firm owns the equipment and has monopolized its use, requiring residents represented by other firms to make appointments during a narrow Sunday afternoon window. That means more clients, bigger settlements and richer contingency fees for Napoli Shkolnik, other law firms say

Paul Egan (@paulegan4) 's Twitter Profile Photo

Two of the top four attorneys involved in the settlement, Michael Pitt of Royal Oak MI and Ted Leopold of Florida, at one point filed a motion asking Judge Levy to pause the bone scanning until access and medical approval issues could get sorted out.

Paul Egan (@paulegan4) 's Twitter Profile Photo

But the lawyers withdrew the motion later that same day, after a 26-minute "off the record" conference with the judge. It appears that Judge Levy later instructed Pitt to write letters reaffirming whether he supported the settlement and the use of portable bone scanners.

Paul Egan (@paulegan4) 's Twitter Profile Photo

Pitt affirmed his support for the settlement in the May letter he sent the judge and said he is satisfied by medical experts the portable bone scanners are safe. But he also said he signed the settlement agreement "with reservations" because of the lack of equal access.

Paul Egan (@paulegan4) 's Twitter Profile Photo

That May 5 letter, which followed another "off-the-record" conference with the judge, may not have satisfied the judge, because Pitt ended up writing her a second letter on May 13. It omitted the language about him signing the settlement with reservations.

Paul Egan (@paulegan4) 's Twitter Profile Photo

This week, a lawyer filed a response to a motion related to the bone scan issue and included Pitt's 5/5 letter as an exhibit. Then, the entire filing disappeared from the docket. The next day, the response was refiled, with the 5/5 letter replaced with the 5/13 version.

Paul Egan (@paulegan4) 's Twitter Profile Photo

The Detroit Free Press obtained and published both letters. Your support is needed and appreciated as we continue to give this case and this proposed settlement the scrutiny it demands.

Subject: to change, the world 🌎😇 (@blazengage) 's Twitter Profile Photo

"Report: If you think dangerous lead in schools is a limited problem, guess again - The Washington Post" washingtonpost.com/education/2019…

Subject: to change, the world 🌎😇 (@blazengage) 's Twitter Profile Photo

EB NMIC #JustPay CDF-NY 🥳🥲 happy years are hard to come by. Thank you so much Emily and to everyone. I don't have the words to express my gratitude for all the hard work you are your team do. Just thank you. This is so exciting. #NoAmountIsSafe 💜🔥

WaterEnvHealthWarrior'sofMA (@wsofma) 's Twitter Profile Photo

Do you believe our government/country should NOT continue to put us in situations where everything is in the hands of Wall Street? #wallstreet #enviornment #water and they are driving us the same way into #cleanenergy