James Sean Shields, a Hawaii resident, was driving to the beach with his girlfriend on January 13 when the state flashed an alert to him and thousands of other islanders at a time of tensions between the US and North Korea. The alert read: “BALLISTIC MISSILE THREAT INBOUND TO HAWAII. SEEK IMMEDIATE SHELTER. THIS IS NOT A DRILL.” Half an house later the alert was recalled by the Hawaii Emergency Management Agency, which said it had been sent in error. Mr Shields and his girlfriend filed the lawsuit in the state’s First Circuit Court on Tuesday.
The lawsuit said, according to a copy published by Hawaii News Now: “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 lawsuit seeks unspecified financial damages.
Mr Shields said he suffered pain and burning in his chest after saying goodbye to his loved ones on the mainland in the immediate aftermath of the notification flashing up on his phone.
He was rushed to hospital where his heart stopped upon arrival and faltered again after cardiopulmonary resuscitation.
Mr Shields had emergency surgery to save his life, the lawsuit said.
His girlfriend, Brenda Reichel, is also claiming damages form the state for the emotional upset of watching her boyfriend have a heart attack and “almost die on several occasions”.
Hawaii Emergency Management Agency spokesman Richard Rapoza said the agency looked forward to resolving the lawsuit “in an appropriate forum”.
Mr Rapoza said: “We join all the people who are wishing the best for Mr. Shields and his family.”
An investigation found the employee who sent the alarm had mistaken an alert drill for an actual attack, and was subsequently sacked.
The Federal Communication Commission’s investigation said a “combination of human error and inadequate safeguards” was to blame for the error.
The state’s attorney general did not comment on the case.
The alert in January came at a time of rising tensions between the US and North Korea.
Leader Kim Jong-un had claimed North Korea had developed a ballistic missile that could reach the US mainland.
The alert sent thousands of island residents in a panicked search for shelter before the message was recalled.