The New York State Court of Claims has granted preliminary approval to a proposed settlement of the class action lawsuit filed over the 2005 Cryptosporidium outbreak at the Seneca Lake State Park spray park.

If the settlement receives final approval, it would end nine years of litigation with the state of New York involving some 2,500 class members that was weeks from going to trial.

Under terms of the proposed settlement, the state, defendant in the case, has agreed to pay $5 million to end the litigation without going to trial.

That amount, minus any attorney fees and costs awarded by Court of Claims Judge Nicholas Midey Jr. to lawyers for the class will be distributed among the class members according to their award category.

The categories are those who were hospitalized with the diarrheal illness, those who were treated at an emergency room, those who were treated at a non-hospital emergency room and those who received other forms of medical care.

The money also would be used to pay settlement administration costs.

Any funds remaining after the allocation of class member awards and payments for administration expenses would then be allocated on a pro-rated basis among class members who filed a claim form.