BUFFALO, N.Y. (WBEN) The lawsuit against the city of Buffalo over lack of fluoride in the water supply is a class action lawsuit. "An important distinction," said attorney Terry Connors on WBEN Wednesday.
"That procedural device is designed to allow one or two individuals to represent all of the individuals who are similarly situated." He adds, It's convenient, but there are some hurdles that have to be crossed in order to get the class action certified.
"It's much more difficult to prosecute hundreds of small cases than it is to prosecute one large case. Every individual who is damaged by the allegations in the complaint could bring their own action, but it would be unwieldy to have hundreds of lawsuits. So, the question becomes, can they all be placed into a class action, and can the three plaintiffs in this case be representative of all of the other individuals who are in the class?"
Here is part of our Q & A with Connors:
Q: Not every municipality adds fluoride to their drinking water.
If it's not required by state or federal standards, what impact does it have on the lawsuit?
A: "That absolutely becomes a factor," said Connors. "The complaint relies upon the New York State Constitution and the Green amendment, which claims a constitutional right to good health and therapeutic drinking water. If that fails, it's a major premise of the litigation. They would have to fall to the second predominant claim, under the general business law. That says that the sale of water to consumers was deceptive in some way."
Q: Part of the suit calls on the city to establish dental clinics for residents who were harmed. How difficult will it be to prove that lack of fluoride caused damage to someone, rather than sugary drinks and candy?
A: "That falls under the second category of the claim, causal connection. Is there approximate cause between the misconduct that is alleged, and actual damage suffered by individuals in that class? It's litigated every day," said Connors. "It's usually a jury question."
Q: The lawsuit against the city is a case of something missing from the water. It's not a contaminant in the water. Is that significant?
A: There have been a number of cases throughout the United States that have been prosecuted as class actions, because the water has been contaminated. In those cases, with the right expert evidence and the right scientific evidence, are much easier to prove. This is a situation as to whether or not elimination of the fluoride provides the necessary gap in the cause analysis. And, don't forget, early on, the city had a reason. They were looking to determine whether or not there was a problem with the system in the way water is delivered. They were also concerned about lead in the pipes. Those are issues that will be aired in litigation."
Click the player below for the full interview with Terry Connors.
