Final Approval Granted in Class Action Settlement Against Michigan Department of Health and Human Services for Unannounced 'Active Shooter' Drill at State-Run Pediatric Psychiatric Hospital
FOR IMMEDIATE RELEASE
October 15, 2024
FINAL APPROVAL GRANTED IN CLASS ACTION SETTLEMENT AGAINST MICHIGAN DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR UNACCOUNCED “ACTIVE SHOOTER” DRILL THAT TRAUMATIZED PATIENTS AND STAFF AT STATE-RUN PEDIATRIC PSYCHIATRIC HOSPITAL
WAYNE COUNTY, MICHIGAN – Pitt McGehee Palmer Bonanni & Rivers is pleased to announce the final approval of the class action settlement in the case against the Michigan Department of Health and Human Services (MDHHS) for the injuries it caused to the patients and staff of its child psychiatric hospital in Northville, Michigan. The Honorable James Robert Redford of the Michigan Court of Claims granted the final order, marking a significant victory for the plaintiffs.
On December 21, 2022, MDHHS official Derek Leppek initiated an “active shooter drill” at the Hawthorn Center, a pediatric psychiatric hospital that has since been disbanded, but decided not to notify the childcare workers, psychologists, teachers, nurses, housekeepers and other staff in the facility, nor the patients of the exercise, ahead of time.
He also failed to notify local police departments and 911 dispatchers—a standard requirement before such a drill. This ill-conceived “drill” yielded acute panic among both patients and staff, who predictably called 911. As a result, some 50 emergency response vehicles from state and local agencies, including police outfitted with riot gear and long guns responded to the threat at the Hawthorn Center. Even staff inside the facility who suspected it might be a drill became convinced it was a real active shooter event when they saw the emergency response.
The settlement agreement totals $13 million, with nearly $9 million to be distributed among patients and staff to compensate them for the trauma and distress they experienced.
Pitt McGehee Palmer Bonanni & Rivers, a leading civil rights and class action litigation firm, served as lead counsel for the plaintiffs in this case. The firm remains dedicated to ensuring accountability and transparency as the settlement process moves forward.
“We are quite pleased that both the Hawthorn Center and the state of Michigan are being held accountable for their misconduct that endangered vulnerable patients and their caregivers,” said Robin Wagner, one of the attorneys representing the plaintiffs. “While active shooter drills should be taken seriously, it should not be at the expense of patients’ and staff’s mental wellbeing. We are hopeful this settlement can provide closure for those traumatized on that horrific day.” Leppek remains employed by MDHHS and holds similar responsibilities at another State-run hospital.
For more information, visit the settlement website at hawthornclassaction.com.
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