Buffalo, N.Y. (WBEN) - The lead attorney in a lawsuit against the city of Buffalo over lack of fluoride in the city's water system, has updated the complaint by filing a new lawsuit on behalf of new plaintiffs who have come forward.
"This is a class action complaint," attorney Robert Corp of Lipsitz Green Scime Cambria law firm told WBEN on Thursday. "The class consists of all residents of the city of Buffalo from June of 2015, to the present. In terms of plaintiffs, we have eight individuals or families for a total of 26 plaintiffs in our lawsuit."
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The Buffalo Water Board stopped adding fluoride to drinking water in the city
in June of 2015. It has not been returned to the water supply.
"We have not heard anything from the city on why fluoride has not resumed," noted Corp. His expectation is that officials will say that they cannot comment on pending litigation.
Corp told us, city residents should not accept that as a suitable answer.
"The community deserves to know when the fluoride will resume. When it comes to public policy reaction to the wrongs that have been perpetrated on the community, the city can be up front about their plans for fixing those."
In late January of this year, the city acknowledged that it ended its longtime fluoridation practice due to concerns of lead infiltration during a changeover from manual to automatic fluoridation. At that time, Mayor Byron Brown told WBEN, "the buck stops with me," adding, that fluoridation would resume by year's end. He also emphasized that nothing harmful is in Buffalo water.
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The suit seeks an order compelling the City to immediately re-commence fluoridation of the water, and an order compelling all Defendants to create free dental clinics for those harmed by the lack of fluoridation. In addition, Corp said they are seeking an amount to exceed $160 million in damages.
"These main plaintiffs are serving as representative of all of the people of Buffalo. The recovery we're seeking would be on behalf of everyone who has lived in Buffalo since June of 2015, or any point thereafter. At the damages stage in class action litigation, after a settlement or trial, we would propose to come up with a process for making those funds available to the Buffalo community. We would work to make sure everyone gets their fair share," added Corp.
A statement from the City of Buffalo provided to WBEN says, "On July 5th, Buffalo Water discussed the next deliverable with Erie County Department of Health (DOH). A Department of Health application, DOH-348 form, Engineer’s Report, Construction plans (signed/sealed), and cost estimate will be submitted in the next two weeks." Following that, construction and testing would begin, officials add.