Massachusetts drug conviction class action settlement

Update:

• This class action settlement is paying out $300 as of March 8, 2023.

The Commonwealth of Massachusetts agreed to a class action lawsuit settlement to resolve claims surrounding drug convictions vacated due to drug lab misconduct.

The settlement benefits individuals who were convicted of Massachusetts state drug offenses and whose convictions have been vacated and dismissed without the prospect of re-prosecution due to misconduct of former state chemists.

Plaintiffs in the class action lawsuit claim they were not refunded for various court case-related fees resulting from drug convictions overturned due to state laboratory misconduct. Since these convictions were overturned due to misconduct, consumers say they should be refunded for various fees paid as a result of the court proceedings.

The class action lawsuit concerns a decade-old scandal at the William A. Hinton State Laboratory Institute in which several employees were accused of tampering with evidence, forging results and other misconduct, NBC News reported. These actions resulted in over 16,000 drug offenses being dismissed.

Massachusetts agreed to resolve these allegations with a class action settlement. The exact settlement amount hasn’t been disclosed in court documents.

Under the terms of the Massachusetts class action lawsuit settlement, class members can receive a full refund of all non-trial court case-related payments associated with their vacated drug conviction. This includes parole fees, DNA collection fees, driver’s license reinstatement fees and more.

Class members may receive additional refunds for all trial court case-related payments if their case does not have any surviving convictions. These refunds may cover victim-witness fees, probation fees, court costs, certain fines, drug analysis criminal assessment fees and more. Class members whose cases have surviving convictions may receive a 50% refund for these payments.

In addition to the two types of refunds, class members will receive a cash payment of $150. Class members who already sought an individual refund of a case-related payment are not eligible for this additional cash payment.

The deadline for objection was Sept. 16, 2022. Class members do not have the option to exclude themselves from the settlement.

The final approval hearing for the settlement was scheduled for Oct. 6, 2022.

Class members already included in the settlement do not need to take action to receive settlement benefits. Consumers who believe they were erroneously excluded from the Class have until April 6, 2023, to submit a membership claim form. 

Class members who wish to dispute their refund amount can submit a refund claim form within 40 days after the initial check mailing. Individuals making a claim on behalf of a deceased class member can submit an estate form within 40 days after the initial check mailing.

Who’s Eligible

Individuals who were convicted of Massachusetts state drug offenses whose convictions have been vacated and dismissed without the prospect of re-prosecution due to misconduct of former state chemists

Potential Award

Varies

Proof of Purchase

Proof of class membership, if submitting a membership claim form.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

04/06/2023

Case Name

Stacy Foster, et al. v. Commonwealth of Massachusetts, Case No. 1984CV03373-C, in the Massachusetts Superior Court for Suffolk County

Final Hearing

10/06/2022

Settlement Website

druglabrefunds.com

Claims Administrator

Stacy Foster v. Commonwealth of Massachusetts – 7680
P.O. Box 2599
Faribault, MN 55021-9599
833-630-1415

Class Counsel

Luke Ryan
SASSON TURNBULL RYAN & HOOSE

William Fick
Daniel Marx
FICK & MARX LLP

Defense Counsel

Anne Sterman
Katherine B Dirks
MASSACHUSETTS OFFICE OF THE ATTORNEY GENERAL