MI State Health Director’s Case Will Go To Trial Over Flint Water Crisis

 

 

Michigan’s state health director Nick Lyons is facing trial for involuntary manslaughter over the deaths of two men amid an outbreak of Legionnaires’ disease in Flint after the city switched its water supply to the Flint River in an attempt to save money.  The Flint region’s 2014-2015 Legionnaires’ disease outbreak that killed 12 people and sickened another 79 people.  Michigan has admitted 12 people died in the outbreak, but a recent report by PBS “Frontline” has found the death toll from the water crisis in Flint may be higher than Michigan officials have acknowledged.

Judge David Goggins issued a ruling sending Nick Lyon’s criminal case to a full trial, meaning the judge believes there is enough valid evidence for a jury to consider.  The ruling came at the end of a 10-month preliminary hearing that started in September and wrapped up in early July after more than 25 days of testimony.  Lyons is the highest-ranking state official to face charges so far over Flint’s water-poisoning crisis.  He’s also being charged with willful neglect of duty and misconduct in office for the deaths of John Snyder and Robert Skidmore.  The involuntary manslaughter charge is a felony punishable by up to 15 years in prison. Lyon’s felony misconduct in office charge is for allegedly obstructing academic researchers from studying the outbreak, which carries a sentence of up to five years in prison.

Both men allegedly died from Legionnaires’ disease caused by Flint switching its drinking water source to the Flint River in 2014.  They did not ensure that the water was properly treated to prevent corrosion in old plumbing. This caused lead and other metals to leach into the water, exposing residents and risking permanent neurological damage to local children.  The improper water treatment also interfered with disinfectants and caused the release of iron and other bacterial nutrients into the water, which can spur the spread and growth of Legionella bacteria. When those germs are aerosolized and inhaled from sources such as hot showers, humidifiers, and water coolers, they can cause a deadly form of pneumonia called Legionnaire’s disease.

Flint experienced a surge in Legionnaire’s disease after the water switch, with cases totaling around 100 and leading to at least 12 deaths, including Skidmore and Snyder’s. Researchers with the Centers for Disease Control and Prevention genetically linked the bacteria infecting patients to those found in the city’s water.  Prosecutors argued Lyon, the Michigan Department of Health and Human Services director, waited too long to alert the public to an outbreak of Legionnaires’ disease in Flint during the water crisis. He allegedly knew about the outbreak in early 2015 but waited nearly a full year before alerting the public.  Both men were said to be healthy and active prior to their hospitalizations.   Lyon’s defense attorneys argued he was not negligent in the men’s deaths and that prosecuting a public official who did his best amid a wide-ranging crisis would have a chilling effect on other public employees doing their duties.  They pointed out Skidmore and Snyder “would have received the same medical treatment” even if Lyon had made an announcement sooner.

In a statement issued after the ruling, Governor Rick Snyder praised Lyon’s work during the Flint water crisis and said Lyon would remain on the job as Michigan Department of Health and Human Services director during the trial.  An additional 14 current or former state and local officials have been criminally charged in connection with the water issues.

State officials now say that the city’s water meets federal standards for lead and other contaminants but the water can still pick up toxic ingredients from contaminated pipes. For now, residents need to continue drinking bottled or filtered water until the city’s plumbing is replaced, which the city is working to do by 2020.