City of Phoenix Settles Wrongful Death Lawsuit for $2 Million

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Emergency responders assessing a child at home during a medical emergency.

News Summary

The City of Phoenix has agreed to pay $2 million to settle a wrongful death lawsuit brought by the family of 2-year-old Abraham Clugston. The lawsuit claimed that Phoenix firefighters failed to properly assess the child after he experienced a seizure, resulting in his tragic death. The settlement, approved by the city council, highlights critical concerns about emergency response protocols for children. The Clugston family hopes their ordeal will lead to reforms in how emergency responders handle similar situations.

Phoenix — The City of Phoenix will pay $2 million to settle a wrongful death lawsuit filed by the family of 2-year-old Abraham Clugston. The lawsuit alleges that the boy died due to the inaction of Phoenix firefighters who, in April 2022, decided not to transport him to the hospital after he experienced a seizure. This settlement, recently approved unanimously by the Phoenix City Council on June 18, marks a significant development in a case that has highlighted concerns regarding emergency response protocols.

The incident concerning Abraham Clugston began when his mother made a 911 call after her son suffered what was described as his first seizure. A fire crew arrived at their home within ten minutes but allegedly assessed the situation and determined that hospital transport was unnecessary. Instead of offering an ambulance transfer, the firefighters advised the mother to administer Tylenol and Ibuprofen, stating that seizures in children are often normal occurrences. When the mother insisted on needing a thorough evaluation for her son, the firefighters reportedly dismissed her concerns, suggesting that she was “overreacting.”

According to the family’s legal claims, the firefighters failed to conduct an adequate assessment of Abraham’s condition, neglecting to take his vital signs or temperature. Tragically, less than ten minutes after the fire crew departed, the child was found unresponsive. A subsequent 911 call led to an ambulance being dispatched, which transported Abraham to the hospital. Despite extensive efforts to save him, he was pronounced dead upon arrival.

The unanimous decision to settle the lawsuit comes more than three years after the traumatic incident. A city spokesperson expressed condolences to the Clugston family and mentioned that an internal review had been conducted following the event. As a result of this review, the city has reportedly implemented improved training and procedures for emergency responders to address similar situations more effectively in the future.

The Clugston family has expressed their belief that Abraham’s death could have been avoided. They hope that their painful experience will spur reforms in emergency response protocols, particularly for children experiencing seizures. Their advocacy focuses on ensuring that children suffering from similar medical emergencies are immediately transported to emergency rooms for evaluation and care.

Additionally, the family wishes to raise awareness about the grief caused by wrongful death and to ensure that resources are available for other parents in similar situations. They are dedicated to making Abraham’s legacy one of better care and treatment for others who may find themselves in distressing emergencies.

This case raises important questions surrounding emergency medical protocols and the responsibility of first responders to thoroughly evaluate patients, particularly vulnerable children. The Clugston family aims to promote changes that could prevent future tragedies, emphasizing the need for prompt and comprehensive medical assessments during emergencies.

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Additional Resources

HERE Phoenix
Author: HERE Phoenix

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