Hawaii's false missile alert caused man's heart attack, lawsuit says

close

Video

Hawaii false alarm raises questions about emergency policy

Former Green Beret commander Michael Waltz weighs in on the complicated balance between federal and state responsibility.

A man who suffered a heart attack moments after Hawaii officials mistakenly said a missile was headed toward the islands has filed a lawsuit against the state, saying the emergency alert contributed to his medical episode.

James Sean Shields filed the lawsuit against Hawaii and Vern Miyahi, the then-administrator of Hawaii Emergency Management Agency, claiming the false alert was a contributing factor to his heart attack. His girlfriend, Brenda Reichel, also joined the suit, stating she suffered “emotional upset” from watching Shields almost die on several occasions.

The suit names unidentified state employees, individuals and entities responsible for the missile alert and seeks unspecified damages.

Shields and Reichel said state officials failed to cancel the alert quickly to stop mass panic across Hawaii. They added the alert sent out on Jan. 13 led them to believe “they were shortly going to die.”

“[The couple] believed this message to be true and were extremely frightened and thought they were shortly going to die. They decided that there was not much they could do to protect themselves from this threat and decided that if they were going to die, they might as well die together on the beach,” the suit stated.

The couple said they were heading from their townhouse in Hawaii Kai to Sandy Beach that January morning when the alert flashed across the cellphone screens.

“BALLISTIC MISSILE THREAT INBOUND TO HAWAII. SEEK IMMEDIATE SHELTER. THIS IS NOT A DRILL,” read the alert sent from HI-EMA at 8:07 a.m. local time.

This Jan. 13, 2018 file smartphone screen capture shows a false incoming ballistic missile emergency alert sent from the Hawaii Emergency Management Agency system. (AP)

Reichel’s son, who serves in the Hawaii Army National Guard, called her saying the threat was real and asked how they planned to seek shelter.

“Because Reichel received this call from a trusted and close family member who was also a member of the armed forces…the threat was made all the more real,” the suit stated, adding that the couple began calling loved ones to say their final goodbyes.

HAWAII EMERGENCY ALERT ERROR CAUSES PANIC, OUTRAGE

After the couple arrived at the beach and Shields called his son and daughter, he began to feel “a severe and painful burning in his chest area.” The suit said they went to a community clinic where Shields had a heart attack.

A doctor performed live-saving CPR, while arriving paramedics assisted him further. He was diagnosed with a myocardial infarction -- or a heart attack -- after he arrived at Straub Hospital, the lawsuit said.

The agency eventually canceled the alert -- 38 minutes after it was mistakenly sent out — but the couple was unaware of the second alert correcting the first alarm due to Shields' medical ordeal.

Residents and vacationers were also left in “total hysteria and chaos” thinking a missile was heading toward them. A father was even captured on video putting his child in a manhole in order to protect him from the incoming missile.

The employee who issued the alert to residents was eventually fired and officials launched an internal investigation where they found inadequate management safeguards.

Richard Rapoza, a spokesman for the Hawaii Emergency Management Agency, said in a statement: "We're going to reserve any comment until we have had a chance to review the claims."

State attorney general spokesman Krishna F. Jayaram said his office will review the complaint carefully and respond in due course. Miyagi declined to comment.

The Associated Press contributed to this report.