Hart v. Clendenin
Hart v. Clendenin
Following months of litigation, Aldo Hernandez, Charles Gluck, and Graham Waldrop reached a settlement with the Department of State Hospitals in a landmark case about COVID-19 risk to medically vulnerable patients in one of the largest psychiatric facilities in the nation. Attorneys from Disability Rights California (DRC) and Covington & Burling represented Plaintiffs in this action. The lawsuit resulted in prioritized access to COVID-19 vaccines for the more than 6000 residents throughout the State Hospital system – one of the first cases in the country to produce such an outcome.
As part of the settlement, DSH will continue to offer vaccinations to patients who have not yet received them and provide public information about the vaccination process. Additionally, DSH will provide a statewide healing quilt and a “dinner event” for all patients at DSH-Patton, in recognition of the bereavement and trauma suffered by patients at the hospital during the pandemic.
Plaintiffs filed a lawsuit in federal court in August 2020, in the midst of a COVID-19 outbreak in which more than 100 patients and more than 140 staff members and personnel had already tested positive for COVID-19. The lawsuit alleged that the crowded, congregate nature of Patton State Hospital’s facilities and state hospital policies put vulnerable patients at risk of serious illness or death from the COVID-19 virus.
In December of 2020, another COVID-19 outbreak endangered the lives of hundreds of additional Patton State Hospital patients, including every plaintiff in the lawsuit. In response, Plaintiffs filed multiple emergency motions in order to force the Department of State Hospitals to make immediate changes to protect the safety and well-being of all high-risk patients at Patton.
After a court hearing on Plaintiffs’ emergency motions for relief, DSH agreed to offer vaccines to all patients—not just at Patton State Hospital but at all five state hospital facilities—and to continue to offer them to all new patients and those who previously refused. After 19 patient deaths and 588 patient positives at Patton State Hospital, the numbers have finally dropped at Patton and throughout the state hospital system.
Case Name: Hart, et al., v. Clendenin, et al.
Case No. 5:20-cv-1559
Significant Court Documents
- Fully Executed Settlement (pdf)
- Emergency Motion to Address COVID-19 Outbreak at DSH-Patton - 12/14/20 (pdf)
- Peter Chin-Hong, MD Declaration - 12/14/20 (pdf)
- Elizabeth Jones Declaration - 12/14/20 (pdf)
- Heather Leutwyler, NP, PhD Declaration - 12/14/20 (pdf)
- Class Certification Motion - 12/14/20 (pdf)
- Complaint - 08/05/20 (pdf)
- Settlement Reached in COVID Case at California State Hospital - 06/30/2021
- Disability Rights California and Covington & Burling, LLP Seek Emergency Court Action to Release Medically Vulnerable Patients from Crowded State Mental Health Hospital and Save Lives in the Midst of Surging COVID-19 Outbreak - 12/15/2020
- Disability Rights California and Covington & Burling LLP File Lawsuit to Protect State Psychiatric Hospital Patients from COVID-19 - 08/06/2020
- Disability advocates settle lawsuit with Patton State Hospital over COVID-19 outbreak - Desert SUN 07/07/2021
- Patton State Hospital patient vaccinations helping, but advocates call for more measures to curb COVID-19 - The SUN 02/26/2021
- Patton State Hospital on fast-track to vaccinate most patients and staff against coronavirus - The Orange County Register 01/29/2021
- Patton State Hospital inoculates 65% of patients to help stem deadly COVID-19 outbreak - The SUN 01/22/2021
- Patton State Hospital to vaccinate all patients against COVID-19 by this week amid major outbreak - 01/17/2021 The Press Enterprise
- As COVID-19 cases rise at a state psychiatric hospital, a federal judge mulls releasing patients - The Los Angeles Times - 01/13/2021
- State argues mentally ill patients must stay put at Patton state hospital despite COVID outbreak - The SUN 01/10/2021
- Judge to Weigh Risk of Mass Release of Psychiatric Patients - Bloomberg Law 01/12/2021
- California psychiatric hospital’s Covid-19 outbreak has sickened almost 700 - The Guardian 12/18/20
- Psychiatric Hospital Called ‘Tinderbox’ of Covid-19 Infections - Bloomberg Law 12/16/20
- Surging COVID outbreak at Patton State Hospital prompts demand for release of patients - San Bernardino Sun 12/15/20
- Could California’s psych hospitals be ordered to admit inmates with COVID? - Cal Matters 11/18/2020
- Editorial: Psychiatric hospitals, like jails, require releases in the COVID era - Los Angeles Times 08/13/2020
- CORONAVIRUS in Jails and Prisons - The Appeal 08/07/2020
- COVID-19 Outbreak at Psychiatric Hospital Spurs Lawsuit - KQED 08/06/2020
- Disability Rights Group Seeks Restraining Order Against California State Hospitals (mp3) - KQED 12/16/20