Friday, February 11, 2022

Civil litigation is going forward regarding Flint Water Crisis.

February 11, 2022
By Ron Fonger

Flint - A bellwether trial (click here) brought by attorneys for four children who are suing two engineering companies for alleged negligence related to the Flint water crisis is scheduled to start next week in Ann Arbor but Flint residents can still watch the proceedings remotely.

An announcement from U.S. District Court says the trial will be available to the public via Zoom because of limited seating in the Ann Arbor courthouse due to social distancing requirements caused by the COVID-19 pandemic.

To register for the live stream, go to the court’s website at www.mied.uscourts.gov and click on the “Court Calendar” on the lower right side of the screen. On the next page, use the “Jump to Date” option and click on “Go” to get to the calendar for Feb. 15.

Click on “Access Attendance Information.” On the next screen, enter the two numbers shown in reverse order, check the box indicating you have read and understand the rules against recording, photographing, or broadcasting court proceedings, and click on “Submit.”

The next page will provide an access link to get to the proceedings, which are expected to start at 8:30 a.m. Tuesday, Feb. 15....

There is other litigation being conducted not making the newspapers.

Walters et al v. Flint et al, (click here) No. 5:2017cv10164 - Document 523 (E.D. Mich. 2021)

Court Description: OPINION AND ORDER granting in part and denying in part 340 Motion to Exclude Testimony and Report of Mr. Richard Humann; granting 454 Motion for Leave to File Supplement; and Scheduling Evidentiary Hearing on 349 Motion to Exclude Testimony. Signed by District Judge Judith E. Levy. (WBar)


Walters et al v. Flint et al, (click here) No. 5:2017cv10164 - Document 645 (E.D. Mich. 2022)

Court Description: OPINION and ORDER denying as moot 489 Motion in Limine; granting in part and denying in part 490 Motion in Limine; denying 492 Motion in Limine; granting in part and denying in part 511 Motion in Limine; granting in part and denying in part 513 Motion in Limine. Signed by District Judge Judith E. Levy. (WBar)

February 10, 2022
By Sidley Austin

On Monday, February 7, the U.S. District Court for the Eastern District of Michigan (click here) denied in part a professional engineering company’s motion for summary judgment in Walters et al. v. Flint et al., part of the ongoing Flint water litigation. Plaintiffs in the litigation sought to hold the engineering company, which has served as a water engineer for the City of Flint since at least 2011 and had been involved in discussing and planning the city’s possible switch of water source, liable for professional negligence based on the company’s failure to warn the city of its plan’s shortcomings or otherwise recommend corrective measures.

Although the district court granted summary judgment for the engineering company on one of three theories of liability, it found sufficient facts existed to proceed to trial on two other theories—its negligent and incorrect advice to the city regarding its water treatment plant and (ii) its negligent failure to warn the city of the consequences of the city’s decision not to use orthophosphates after it also decided not to use appropriate corrosion controls. Although bellwether trials are set to begin this month and the factual record may cause the court to reach a different outcome, the case is an inherent warning to engineering companies to be aware of their professional duties in environmental matters.

Case No. 17-10164 (click here)

08-26-2020

IN RE FLINT WATER CASES. This Order Relates to: Walters v. Flint

...In this case, Flint residents are bringing a lawsuit against the United States Environmental Protection Agency ("EPA") under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346, 2671 – 80, alleging that the EPA was negligent in its response to the Flint Water Crisis, which resulted in injuries to Plaintiffs. There are other Flint Water FTCA cases assigned to the Honorable Linda V. Parker and consolidated in Burgess v. United States, No. 17-cv-11218. Meeks v. United States, No. 19-cv-13359, however, was assigned to this Court, and because of the common issues of fact and the overlap between Plaintiffs in Meeks and in this Court's other Flint Water Cases, the Court consolidated it with Walters v. Flint, No. 17-cv-10164. (ECF No. 294.) For the reasons set forth below, the Court denies Defendants’ motion to dismiss the complaint....

No lead ever again in Flint schools. That is something wonderful. Children with peace of mind.

February 9, 2022
By Darryn John

Thanks to a donation (click here) from The Elon Musk Foundation, school students in Flint, Michigan have clean drinking water for the first time since 2016.

A total of 136 hydrations were recently installed at 12 different Flint school buildings.

One of the stations was unveiled at a special ceremony on Tuesday at the Flint Southwestern Academy. Fifteen of the 136 stations were installed at this school, which provides education to students in grades 8 through 12.

The hydration stations were made possible through a $480,000 donation by The Elon Musk Foundation, which also provided $423,000 to buy laptops for middle school students.

With the addition, the school will no longer have to supply students with bottled water, something which it has done on a daily basis for the past six years.

Each hydration station filters for lead, chlorine, and bacteria. They also feature a built-in chiller to keep the water cold.

The stations were tested by researchers at Kettering University, and in particular by Laura Sullivan, a professor of mechanical engineering who has been pioneering bring back clean drinking water to Flint schools.

The testing was also validated by Arc Environmental, an environmental consultant hired by Flint schools.

The charges against the Flint Nine lead to the deaths and maiming of Flint residents. These charges are light considering what they should be charged with. If the State of Michigan is going to reconsider these more minor charges then it will have to reconsider other more severe charges as well.

February 8, 2022
By Ron Fonger

An attorney representing former emergency manager Darnell Earley (click here) says Flint water crisis prosecutors waited too long -- beyond the statute of limitations -- to charge his client with the crimes he’s facing.

Attorney Juan Mateo asked Genesee Circuit Court Judge Elizabeth A. Kelly to dismiss three felony counts of misconduct in office against Earley, each count punishable by up to five years in prison, in a hearing Tuesday, Feb. 8....

The populous presidency of Trump was always a cult carried over from "You're fired, apprentice."

His presidency lead people right into death by virus no different than any other cult. If it weren't for Dr. Fauci the USA would be a complete shambles.

February 10, 2022
By Stephen Proctor

Former “Stop the Steal” supporter Keith Scott (click here) appeared Wednesday with CNN’s Elle Reeve on Erin Burnett OutFront, where he spoke about how he became deeply devoted to the movement that spread lies about the 2020 presidential election, culminating in the Jan. 6 insurrection at the Capitol.

Scott, who was there that day but did not take part in the attack, said, “Jan. 6, 2021 was the greatest day of my life. I felt like a patriot that was standing beside our founding fathers, speaking up against King George. I felt like Braveheart.”

But the violence that ensued that day caused Scott to reflect.

“After January the 6th,” Scott said, “I came here and I kept mumbling, ‘I feel like I just got out of a cult.’”

Scott had spent months living out of his car attending as many rallies as he could, despite never having even been to a Trump rally leading up to the election....

The demonstrations at the Canadian border are ridiculous.

Authorities that institute regulations regarding COVID-19 and it's variants have more and more reasons for the regulations. Liberty takes a backseat when there is a maiming and deadly virus that has launched into a global pandemic.

There is proof that points to brain damage to people that have suffered with the virus. The reason for this finding was known at the time of the pandemic when surgeons were finding blood clots in the brain that continued to spawn even as surgery to remove the clot was being performed.

It was learned early on the virus was causing blood clots and many of them microscopic in size, thus effecting the smallest of blood vessels resulting in COVID TOES. What was happening in macro diagnosis was a result of what was occurring microscopically. The capillaries were destroyed by tiny blook clots and resulting in blood circulation problems and pooling of blood in places like the toes. 

There is now proof that the tiny blood clots resulting from the infection of COVID-19 also causes heart problems. That also was evident early on, especially in New York City where chest pain was being reported so frequently the ambulances and emergency rooms could not keep up. The heart blood vessels are small and a clot can do a lot of damage.

February 9, 2022
By Nancy Lapid

The following is a summary of some recent studies on COVID-19. (click here) They include research that warrants further study to corroborate the findings and that has yet to be certified by peer review.

Risk of new heart problems much higher after COVID recovery

Long after recovery from COVID-19, people face significantly higher risks for new heart problems, a large study has found.

Researchers at the U.S. Department of Veterans Affairs compared rates of new cardiovascular problems in 153,760 individuals infected with the coronavirus before vaccines were available, 5.6 million people who did not catch the virus, and another 5.9 million people whose data was collected before the pandemic. An average of one year after their recovery from the acute phase of the infection, the COVID-19 survivors had a 63% higher risk for heart attack, a 69% higher risk for problematic irregular heart rhythm, a 52% higher risk of stroke, a 72% higher risk of heart failure, and a nearly three times higher risk of a potentially fatal blood clot in the lungs compared with the other two groups, according to a report published on Monday in Nature Medicine. The elevated risks among former COVID-19 patients were evident in young and old, Blacks and whites, males and females, people with and without diabetes and with and without kidney disease, as well as smokers and nonsmokers, said Ziyad Al-Aly of the VA St. Louis Health Care System and Washington University in St. Louis.

The risks were high even in people who had mild COVID-19 and did not need to be hospitalized for it, he noted in a Twitter thread. "It really spared no one," Al-Aly told Reuters. "People with COVID-19 should pay attention to their health and seek medical care if they experience symptoms like chest pain, chest pressure, palpitation, swelling in the legs, etc."...

This study compared SIDE EFFECTS OF A COVID-19 infection to millions of other patients. These are not minor findings. The most common side effect of the mRNA vaccines is a sore arm at injection site.

The authorities ELECTED to office in the USA and Canada have a responsibility to citizens and not to demonstrators. There are far more citizens than demonstrators. I imagine feeling exhilarated at the idea of protesting and finding friends and being among others that want to change the path of government findings and policies is a welcome change after two years, but, the protests are irrelevant.

Democratic liberty takes a back seat to insults to the human body. Findings of "Layman Quackery" in Supreme Court prove politics overtaking science. The entire idea of staging a mass spreading event in demostrations against a virus is a waste of time and only complicates the country's future.

The inconvenience of shutdowns in car and truck production by major manufacturers is not going to cause the virus to go away. Shutting down major traffic routes at the Canadian-US border is not achieving liberty, it is causing a mass spreading event. 

...Omicron's route into cells helps explain symptom profile

The Omicron variant's method of infecting cells is different from the mechanism most often used by earlier SARS-CoV-2 variants, which could help explain Omicron's milder symptom profile, a study published in Nature suggests.

Earlier variants use the ACE2 protein on cell surfaces and an enzyme called TMPRSS2 to fuse themselves to the cell membrane and inject their genetic material inside. Omicron prefers to enter cells by creating tiny sacs in the cell membrane called endosomes that cells use to transport materials internally, researchers found. Omicron still attaches itself to ACE2 proteins, but it does not need help from TMPRSS2. In fact, Omicron multiplies most readily in tissues where TMPRSS2 is scarce, such as the nose. In the lungs, where TMPRSS2 is plentiful, Omicron has spread less effectively and caused less damage than earlier variants.

The findings help explain "why the disease is less severe and causes less pneumonia" with Omicron, said Dr. Ravindra Gupta of the Cambridge Institute of Therapeutic Immunology and Infectious Diseases in the UK. Gupta also noted that drugs targeting TMPRSS2, such as camostat mesylate, a pancreatitis treatment that has shown some benefit in COVID-19 patients, may be less useful with Omicron....

Never should a democratic government ever lean into minimalizing regulations to benefit their politics in relation to human wellness. Government needs to follow the science not because it is popular, but, because it is the best and moral route. I don't recall a time since COVID-19, even with vaccines and a booster on board, that I went without a mask into an indoor facility like a gym or mall willing to expose myself to what others may have brought with them to damage my wellness.

This pandemic is not over. The side effects of BEING INFECTED is certainly not over.