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WPAS Settles "Marr" Lawsuit with Eastern State Hospital
by Craig Awmiller and the WPAS Legal Team
October 2, 2002
Settlement Summary of Marr, et al. v. Eastern State Hospital, et al.
The Washington Protection and Advocacy System (WPAS), in conjunction with the Disability Law Center and Davis Wright Tremaine, LLP, has reached a settlement agreement with the state of Washington in the case Marr, et al. v. Eastern State Hospital, et al. The Hon. Wm. Fremming Nielsen has preliminarily approved this settlement. The following is a summary of that settlement agreement.
What was this lawsuit about?
On December 13, 2001 WPAS filed a class action lawsuit in federal court. This lawsuit alleged that the services provided to individuals with developmental disabilities who were living at Eastern State Hospital did not meet the minimum standards of care that are guaranteed by the United States Constitution and other federal laws. The lawsuit also alleged that the community supports and services were inadequate were people with developmental disabilities and mental health needs who live in Eastern Washington.
Did a judge agree with WPAS?
So far, this case has not gone to trial and a judge has not ruled on the merits of the case. For the time being, WPAS has agreed to hold off on going to trial. This is to give the state of Washington time to implement the settlement agreement. In this settlement agreement, the state agreed to make certain changes that would improve services for people with developmental disabilities who live at Eastern State Hospital and in Eastern Washington.
What is a “settlement agreement”?
The agreement between WPAS and the state of Washington to improve services for developmental disabilities and mental health needs is something called a “settlement agreement.”
Since there’s a settlement agreement in the case, does this mean that the case will never go to trial?
No. This lawsuit could still go to trial. If the state of Washington does not improve the services for people with developmental disabilities and mental health needs, WPAS can still demand that this case go to trial.
What does it mean when a judge “approves” a settlement?
By law, WPAS and the state of Washington cannot enter into a settlement until a judge determines that the settlement is fair, reasonable, and adequate. Judge Nielsen has reviewed and preliminarily approved this settlement. Two “fairness hearings” will be held on November 4, 2002. One hearing will be held at Eastern State Hospital. One hearing will be held in the community. All class members may attend one of these hearings. At these hearings, class members can tell the judge if they support or object to the settlement.
If you are a Marr class member and you wish to comment on the settlement agreement, you may write a letter to the judge. Your social worker will collect these letters by noon, October 29. Your social worker will then give these letters to the judge.
Who is affected by this settlement?
The settlement is designed to improve services for people who are defined as being members of the Marr class action lawsuit.
You are a member of the Marr class if you are a person with a developmental disability (as that term is defined in RCW 71A.10.020(3)), who is presently living at Eastern State Hospital or if you have a developmental disability and were discharged from Eastern State Hospital on or after December 2, 1999. Furthermore, anyone with a developmental disability who is admitted to Eastern State Hospital in the future automatically becomes a Marr class member.
I am a Marr class member. Do I get some money now that the case is settled?
No. WPAS did not ask the state of Washington to give Marr class members any money. WPAS only asked that the state of Washington improve the services it provides to people with developmental disabilities and mental health needs. However, if you are a Marr class member and you have been hurt, the Marr settlement does not prevent you from bringing your own lawsuit seeking money. You are free to seek further legal counsel and bring any further lawsuits that you wish.
I am a Marr class member living at Eastern State Hospital. What changes can I expect to see in my services?
Marr class members who are living at Eastern State Hospital are likely to see many changes. Some of these changes include:
 | Eastern State Hospital will open a ward just for people with developmental disabilities and mental health needs. |
| All patients with developmental disabilities will move to that ward except for patients with developmental disabilities who are at Eastern State Hospital for competency evaluation. |
| Eastern State Hospital will provide specialized care for all people with developmental disabilities and mental health needs, including patients with developmental disabilities who are at Eastern State Hospital for competency restoration. |
| On weekdays, Eastern State Hospital will provide at least six hours per day of active treatment for people with developmental disabilities and mental health needs. Eastern State Hospital will also have to provide Marr class members with many vocational, recreational, and social activities. |
| Eastern State Hospital will be trained in how to serve people with developmental disabilities and mental health needs. |
| Eastern State Hospital will adopt a policy that will minimize the use of seclusion, restraint, “time out,” and “therapeutic holds,” for Marr class members. |
| Eastern State Hospital will develop and use positive behavior support plans for all Marr class members. |
| Eastern State Hospital will improve the way it reports possible incidents of abuse and neglect involving Marr class members. |
| Eastern State Hospital will work closely with Marr class members and community providers in order to improve the discharge process. |
These are just a few of the improvements Eastern State Hospital will be making for Marr class members.
I am a Marr class member living in the community. What changes can I expect to see in my services?
The state of Washington has agreed to provide Marr class members living in the community with certain services. The state previously agreed to provide these services to people with developmental disabilities and mental health needs in a different lawsuit. This lawsuit was called Allen, et al. v. Western State Hospital, et al. These community services include, but are not limited to:
| Enhanced crisis prevention and respite services |
| Expanded residential and day program capacity |
| Increased training for community providers |
| Increased medication evaluation and management |
The state of Washington has also agreed to identify all Marr class members living in the community who have mental health needs. These individuals will be referred to their local community mental health center for screening and assessment.
These services are meant to help people stay in their homes, rather than having to go to Eastern State Hospital.
What happens if the state of Washington doesn’t provide these services?
If the state of Washington doesn’t provide Marr class members with these services, in some cases WPAS can ask the court to hold a hearing to see if the state is in violation of the settlement agreement. In other cases, WPAS can open the lawsuit again and go back to trial.
How will WPAS make sure that the state of Washington provides these services?
WPAS will stay in regular touch with the members of the Marr class to make sure they are getting appropriate services. Also, experts who are skilled in treating people with developmental disabilities and mental health needs have been appointed to make sure that the state of Washington provides these services. Two of the experts will oversee the implementation of the settlement agreement at Eastern State Hospital. Two other experts will oversee the implementation of the settlement agreement in the community.
If you have more questions about the settlement agreement or want to have a copy of the settlement agreement please call the Washington Protection and Advocacy System at:
1-800-562-2702
WPAS has also prepared a summary of the settlement that includes more details and information. This summary was written especially for guardians of Marr class members.
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