MDHHS Settles Unannounced Active Shooter Drill Lawsuit for $13M

If you were a patient or employee present at the Hawthorn Center on the morning of December 21, 2022, you may be eligible to claim an award from a class action settlement.

The Michigan Department of Health and Human Services has agreed to pay $13,000,000 to settle a class action lawsuit for alleged constitutional violations stemming from an unannounced “active shooter drill” conducted on that date.

Who Can Claim an Award?

If you were a patient or employee present at the Hawthorn Center between 9:00 am and 11:00 am on December 21, 2022, you are automatically eligible to participate in the settlement. The official settlement website has provided a list of individuals who are automatically eligible.

If you believe you were present but your name was omitted from the list, you can register with the Special Master to seek eligibility. You will need to provide documentation, such as timecard records, to prove your presence during the drill. The registration must be completed by March 25, 2024, and the Special Master will determine eligibility within 14 days of receipt.

What Awards Can Class Members Claim?

Eligible class members can claim awards from the settlement funds. The settlement includes two primary funds: the Patient Compensation Fund and the Staff Compensation Fund.

• Patient Compensation Fund: $2,888,888.89 divided equally among eligible patients
• Staff Compensation Fund: $5,777,777.78, with a minimum of $5,000 per eligible staff member and additional payments based on trauma assessment

For patients, each eligible member will receive an equal share of the Patient Compensation Fund, each eligible member will receive a minimum payment of $5,000, with additional payments possible based on the results of a trauma assessment.

How do I Get Paid?

Payments will be processed through the Michigan Worker’s Disability Compensation Board for staff members. Patients will receive their awards through the settlement fund distribution. Payments are expected to be disbursed by December 2024.

$13,000,000 Settlement Fund

The total settlement amount of $13,000,000 will be distributed as follows:

• Patient Compensation Fund: $2,888,888.89
• Staff Compensation Fund: $5,777,777.78
• Administrative Costs and Attorney Fees: $4,333,333.33

Important Dates

• Deadline for Registration to Seek Eligibility: March 25, 2024
• Deadline to Opt Out: April 23, 2024
• Deadline to Complete Trauma Assessment: June 12, 2024
• Fairness Hearing: October 4, 2024

When is the Settlement Payout?

Awards are expected to be paid by December 2024, following the final approval of the settlement.

What Happens Next?

Eligible class members should activate their accounts on the official settlement website, submit their claims, and complete any necessary documentation by the specified deadlines. The court will hold a Fairness Hearing on October 4, 2024, to review and approve the settlement.