The family of an 50-year-old man that died after a 30-hour wait for paramedics during a blizzard, has settled a wrongful death lawsuit, as reported by The Associated Press and The Sentinel.
Within the 30 hours C.M.'s family made no less that 10 telephone calls to 911 seeking help.
The storm accounted for 21 inches of snow on the roads.
The family's attorney, Alan Perer, told reporters, "We're pleased. The case would have been appealed for years. We feel it's a fair settlement. The city and county have both acknowledged it was unacceptable, it shouldn't have happened."
According to Perer, the terms of the settlement due from the city and county are pending official approval.
Daniel Regan, the city's solicitor, and Amie Downs, the County spokeswoman, both confirmed that a settlement had been reached but could not release the terms.
J.M. and T.T., C.M.'s son and daughter, filed the lawsuit in September of 2010 in U.S. District Court. They claimed that the defendants violated their father's rights to due process in failing to provide him with ambulatory care.
C.M. died due heart disease further complicated by a fatty liver. However, according to his children, he suffered with extreme stomach pain prior to his death, while rescuers, had they arrived sooner, may have spared his life.
All federal claims were dismissed a year ago by a U.S. District Court judge that ruled that the clause in the Constitution, referring to due process is "not ... a guarantee of certain minimal levels of safety and security."
The federal judge allowed the remaining state law claims to stand and sent the case to Common Pleas court. The trial was set to begin the same week the settlement occurred. Perer stated that had the case gone to trial, it would have resulted in several years in the appeals process.
One argument between the sides was the government cap of $500,000. They couldn't agree if the cap was to be figured separately, with the city and county each responsible for up to $500,000, or if was to be combined.
A bridge, leading to C.M.'s home, was unable to be crossed according to two different ambulance crews. The closest they could get to the home was one quarter of a mile away.
Paramedics allegedly told C.M. to walk, or take a bus, to them instead of them trying to get to the home. One paramedic was caught on a recording cursing – following a plea from C.M. that he was in too much pain to walk.
The paramedic is heard saying, ""I ain't waiting all day for him. I mean, what the (expletive)? This ain't no cab service."
Michael Huss, the City Public Safety Director, has apologized to C.M.'s family.
The paramedic that made the disparaging remarks was fired and then rehired.
The city and county claim to have improved protocols for emergencies, specifically making sure that dispatchers know if repeated calls were made from one location, and to send four-wheel-drive vehicles when necessary.
Perer said, "The most gratifying thing is, they have done a lot to upgrade emergency services and the emergency response system so this will not happen to someone else."
It is difficult to loose a family member under any circumstances. However, if you believe that a wrongful death occurred, contact a personal injury lawyer to discuss filing a lawsuit.