Proposed Settlement in Allen et al., v
Western State Hospital
Joint Order Preliminarily Approving Settlement
Order and
Settlement Agreement
Proposed Notice of Settlement Agreement
If you or someone you know
needs the above information in another language, please click here.
The Washington Protection and Advocacy System (WPAS) has reached a settlement
agreement with the state of Washington in the case Allen, et al. v. Western
State Hospital, et al. This is a summary of that settlement agreement.
WHAT WAS THIS LAWSUIT ABOUT?
In 1999, several people with developmental disabilities, WPAS, and the ARC of
Clark County, filed a lawsuit against the state of Washington. This lawsuit said
that the treatment provided to people with developmental disabilities who were
living at Western State Hospital (WSH) was not very good and needed to get
better. This lawsuit also said that the treatment provided to people with
developmental disabilities who were living in the community was not very good
and needed to get better. People with developmental disabilities, WPAS, and the
ARC of Clark County sued the state of Washington to try and improve treatment at
WSH and in the community.
In legal language, the people with developmental disabilities, WPAS, and the ARC
of Clark County in this case are called the “plaintiffs.” “Plaintiffs” are the
people who start a lawsuit. In legal language, the state of Washington was the
“defendant” in this case. A “defendant” is a person or an institution against
whom a lawsuit has been filed.
In December, 1999, the plaintiffs and defendants in this case came up with a
plan to make things better at WSH and in the community for people with
developmental disabilities. Since that time, WSH and the Division of
Developmental Disabilities (DDD) have been working on making things better by
doing the things that were described in the plan. This plan was a legal document
that was filed with a court and that was approved by a judge. After this plan
was filed with the court, the judge decided that the plaintiffs had won the
lawsuit. The judge gave the defendants until 2005 to do all the things in the
plan.
AM I AN ALLEN CLASS MEMBER?
If you have a developmental disability and you have been to WSH since June 1,
1997, or if you go there in the future, you are an Allen class member. If you
are an Allen class member, this lawsuit is about the services you get at WSH and
in the community. If you are not an Allen class member, this settlement is not
about you.
WHAT HAS BEEN HAPPENING LATELY?
In 2005, the plaintiffs and defendants started talking about how things were
going. Was the state of Washington doing everything that it had promised it
would do back in 1999? Were things getting better in the community and at WSH
for people with developmental disabilities? Or were things staying about the
same?
After a lot of talking, the plaintiffs and defendants agreed that some things
had gotten better. They also agreed that some things still needed to be
improved.
Some things at WSH still needed to be improved. In February, 2006, the
plaintiffs and the defendants came up with a new plan to make things better at
the hospital. The judge in this case looked at the plan, too. He said that he
thought the plan would make things better at the hospital. Since that time,
people at WSH have been putting that plan into action.
The plaintiffs and defendants also agreed that some things in the community
still needed to be improved. Finally, after a lot of talking, the plaintiffs and
defendants have come up with a new plan to make things better in the community.
This new plan to make things better in the community is called a “settlement.”
By agreeing to this settlement, the state of Washington has made a promise that
it will put all of the things in the settlement into action.
WHAT DOES THE COMMUNITY SETTLEMENT SAY?
There are many different parts to the community settlement. These parts are
meant to improve conditions in the community for Allen class members. Here are
some of the things that the state of Washington has agreed to do to improve
conditions in the community.
Improved quality assurance
The state of Washington is going to set up a team of people whose job will be to
make sure that the services being provided to the Allen class members in the
community are good services.
The state of Washington will check in on people who have been discharged from
WSH to see how they are doing in the community.
People in the Division of Developmental Disabilities (DDD) will be trained on
how to make sure that the community services are good services and what to do to
fix any problems with the services.
Independent monitor
Dr. Leslie Rubin is a doctor who knows a lot about providing community services
to people with developmental disabilities who have mental health needs. Dr.
Rubin will help the state of Washington implement its plan to make sure that the
community services are good services and to fix any problems with the services.
Reports of Alleged Abuse or Neglect
The state of Washington will review how allegations of abuse or neglect are
reported. DDD will set up a team to look at all allegations of abuse or neglect
that involve Allen class members.
Protection for class members who are in jail
DDD will work more closely with jails to make sure Allen class members who are
in jail get good services while they are in jail. DDD will also work more
closely with jails to make sure that Allen class members get good services after
the class member leaves jail.
Crisis Planning and Positive Behavioral Support Planning
DDD will work harder to make sure plans about how to help people when they are
not feeling well and plans to help people during their daily life work well
together.
Diversion Beds and Crisis Stabilization Services
DDD will work hard to make sure that there are enough services so that people do
not always have to go back to a psychiatric hospital when they are not feeling
well.
Guidelines for Intensive Case Management Services
Sometimes people need more help that usual from their DDD case manager, but
sometimes people do not know how to ask for extra help. DDD will come up with a
new way to identify those people who need extra help, so that these people do
not have to ask to get help. DDD will then make sure that the people who need
extra help get the extra help that they need.
Paying Attention to Homeless People And People Who Are In
Jail
DDD will pay closer attention to people who are homeless or are in jail. DDD
staff people will collect information about people who are homeless or who are
in jail. This information will be used to help make plans to keep people from
becoming homeless or from going to jail.
Paying Attention To People In Community Psychiatric Hospitals
The Department of Social and Health Services (DSHS) will pay closer attention to
people who go to a community psychiatric hospital. Information about people who
go to community psychiatric hospitals will be gathered and this information will
be used to help people who go to community psychiatric hospitals.
WPAS Participation
WPAS will be kept informed about all allegations of abuse or neglect that
involve Allen class members. WPAS will also get all of the information that is
given to Dr. Rubin. This way, WPAS can make sure that the state of Washington is
doing all the things that it said it would to help Allen class members.
Attorneys’ Fees and Costs
The attorneys for the plaintiffs which include WPAS’s attorneys and an attorney
from the Utah Protection and Advocacy System, will get attorneys fees and costs
in the amount of $34,500 for their time and costs spent on reaching this new
settlement agreement. All of the attorneys’ fees that WPAS receives will go
directly into providing additional advocacy services to people with
developmental disabilities and mental illness.
These are just some highlights of the things in the settlement agreement. If you
want to get a free copy of the whole settlement agreement, you can always ask to
get a copy by calling WPAS at 1-(800) 562-2702, 1-(800) 905-0209 (TTY), or
calling collect at (206) 324-1521 or (206) 957-0728.. You can also get a free
copy of the settlement agreement on WPAS’s website at www.wpas-rights.org.
Interpreters are also available for people for whom English is not their first
language.
YOU HAVE THE RIGHT TO TELL TO THE JUDGE WHAT YOU THINK ABOUT
THE SETTLEMENT AGREEMENT
If you are an Allen class member, or if you are a legal guardian of an Allen
class member, you have the right to tell the judge in this case what you think
about the settlement. Do you think the settlement is good? Or do you think that
the settlement is not so good? No matter what your opinion is, you have the
right to tell the judge about it.
You have a change to tell the judge how you feel about the settlement before he
decides, once and for all, if the settlement is good or not so good. If
you want to let the judge know how you feel about the settlement, you can write
a letter to the judge, you should address the letter like this:
U.S. District Court Clerk
1717 Pacific Avenue, # 3100
Tacoma, WA 98402
Re: Allen Settlement
It is very important that you write “Re: Allen Settlement” on the outside of the
envelope. Also, your letter must arrive to the judge no later than March 26,
2007 at 4:30 p.m. So, to make sure that your letter gets to the judge on time,
be sure to mail it a few days before March 26th.
There will be a hearing called a “fairness hearing” for the Judge to make a
final decision as to whether he thinks the settlement is good. The hearing will
be on
Friday April 6th at 1:30 pm at the U.S. District Court in Tacoma.
You are welcome to come to the courthouse at this time to attend the hearing.
The address of the U.S. District Court in Tacoma is:
1717 Pacific Avenue
Tacoma, WA 98402
WILL ALL SORTS OF THINGS IN THE COMMUNITY CHANGE ALL OF THE SUDDEN?
No. If you are an Allen class member, you probably will not notice at first that
anything is being done differently for you. Much of this settlement is about how
the state of Washington is making sure that the services provided to people in
the community are good—and it is going to take a little while for the state of
Washington to get its new plan up and running.
WILL I GET LESS SERVICES BECAUSE OF THE SETTLEMENT?
No. This settlement is about improving services for people.
I AM AN ALLEN CLASS MEMBER. WILL I GET SOME MONEY NOW?
No. WPAS did not ask the state of Washington to give Allen class members any
money. WPAS only asked the state of Washington improve the community services it
provides to class members.
However…
If you are an Allen class member and you feel that you have been hurt by the
state of Washington, you can bring your own lawsuit against the state of
Washington. You can ask for money in your own lawsuit. Nothing in this
settlement can keep you from bringing your own lawsuit against the state of
Washington. You are free to talk to other attorneys and have own lawsuit if you
wish.
IF YOU HAVE MORE QUESTIONS OR IF YOU WANT YOUR OWN COPY OF THE
SETTLEMENT AGREEMENT CALL WPAS AT:
1-800-562-2702
1-800-905-0209 (TTY)
(206) 324-1521
(206) 957-0728 (TTY)
or go to WPAS’s Website at www.wpas-rights.org
WPAS accepts collect calls, has interpreters available upon request, and will
make reasonable accommodations for people upon request
ALLEN SETTLEMENT TRAININGS
Staff of the Washington Protection and Advocacy System (WPAS), representing
class members in the case of Allen v. Western State Hospital, will
present training sessions on the proposed settlement at the dates, times, and
locations listed below. The training sessions will explain the nature and scope
of the proposed settlement and respond to questions from class members or others
in attendance. There is no need to register ahead of time. Included is a
telephone number to call if you need directions.
March 19 6 - 7 p.m. Division of Developmental Disabilities
311 W 11th Street
Vancouver, WA
(360) 750-4250
March 20 6 - 7 p.m. Division of Developmental Disabilities
840 North Broadway
Building A-100 Rm 103
Everett, WA 98201
(425) 339-4833
March 21 7 - 8 p.m. Division of Developmental Disabilities
640 Woodland Square Loop
SE
Lacey, WA 98503
(360) 725-3406
March 22 7 - 8 p.m. Pierce County Human Resources Dept.
(formerly Puget Sound
Behavioral Hospital)
Soundview Conference Room
3602 Pacific Avenue
Tacoma, WA 98418-7915
(253) 798-4558
March 23 7 - 8 p.m. Washington Protection and Advocacy
System
315 5th Avenue South, Ste.
850
Seattle, WA 98104
(206) 324-1521
(800) 562-2702
(206) 957-0728 (TTY)
(800) 905-0209 (TTY)
Please click here
for directions and information about public transportation to WPAS.
