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Attorney Michael Manley, an attorney representing McLaren-Flint hospital, is shown in this MLive file photo.

(MLive file photo)



FLINT, MI -- An attorney who specializes in criminal law and who has reviewed files from McLaren-Flint hospital related to the Flint water crisis says "crimes were committed" by state employees against city residents as well the hospital.

In a filing with the Michigan Court of Appeals Friday, Sept. 2, McLaren attorneys say the institution was "a victim of numerous crimes and 'cover-ups' by state employees including (workers from the Michigan Department of Health and Human Services)" since a Legionnaires' disease outbreak that started in 2014.

The Appeals Court filing by McLaren says attorney Michael Manley, who specializes in criminal law and whom the hospital hired to facilitate the release of materials requested through a investigative subpoena, "believed that crimes were committed" after reviewing the hospital's files.

McLaren is asking the Appeals Court to keep DHHS away from the hospital while a criminal investigation by Attorney General Bill Schuette and Genesee County Prosecutor David Leyton continues.

Already, three current or former DHHS employees have been charged with criminal wrongdoing related to their roles in the water crisis.

DHHS is asking the Appeals Court to overturn protective orders issued by Genesee Circuit Judge Geoffrey Neithercut. The orders have allowed information about lead and legionella at McLaren to be turned over to Leyton's office and the Genesee County Health Department -- but not DHHS.

Flint water crisis prosecutors tell Appeals Court more criminal charges expected

At least 12 people in Genesee County died from Legionnaires' in parts of 2014 and 2015, a time when the city changed its water source to the Flint River.

Fifty of 90 legionella cases reported in the county in 2015 were found in or related to stays in McLaren's Flint hospital, DHHS has said in court filings.

DHHS issued a statement in response to the McLaren Appeals Court filing, saying the hospital has used the protective orders to prevent it "from ensuring that proper remediation and patient protection had occurred after a recent case at McLaren was identified."

"It is unacceptable for a local hospital to take any action that potentially threatens the public health and that a public health department would be barred from investigating such activity," the statement says.

DHHS said it "could not disagree more strongly with McLaren's accusations about the departments employees," the statement says.

Manley declined to comment to MLive.