killed my kid doing something stupid! i know i will make shit up and sue the paremedics!

[waggy]

http://www.komonews.com/news/29532769.html

OLYMPIA, Wash. -- A child's tragic death has his parents demanding answers and $47 million from Thurston County.

The tragic accident took place on the Fourth of July 2007. A cannon exploded during a backyard party, shooting a piece of shrapnel hundreds of feet. The piece of metal stabbed 8-year-old Devan Vyborny. The boy did not survive.

Now, more than 14 months later, the boy's family is taking legal action, but not with anyone having to do with that cannon. Instead, the boy's parents are blaming rescue crews and 911 dispatchers.

One of the family's attorneys said it was not easy for the boy's parents to take the first steps toward a potential lawsuit against he county. But the attorney alleged several errors were made by the very people who were sent in to try to save the boy's life.

The court documents allege "witnesses observed that the Medic One personnel appeared overwhelmed by the situation, and they did not know what medical devices to use on Devan."

The documents also state the medics did not get the boy to the hospital fast enough, and even contend the ambulance drove too slowly.

The 911 operators on duty "negligently canceled" a helicopter airlift, the family alleges, and the county's medics and 911 staff are not properly trained.

Despite the scathing allegations, the rescue crews actions had not been called into question until the claim was filed.

County officials said they're just learning about the potential lawsuit, and cannot comment about specifics.

An attorney for the family said the the exceptionally large claim for damages is meant to help all the family members traumatized by the accident, and also to send a strong message to Thurston County regarding its rescue crew's alleged incompetence.



so its was the incompetence of the rescue crew that killed the kid eh? not the fact that a damn cannon exploded and the kid was hit with shrapnal? naa it was the paramedics fault!

so lets sue for $47 million! that will make everything all right!

though its odd a 8 yr olds life is worth less then a pair of pants...

 

[Vette73]

Sounds like a lawyer got to them and thought worse case the city will pay a coupel G's to get out.


But it will probable be thrown out as most are.

 

[skace]

Even if they can prove a better crew might have saved their boys life, is there some sort of guarantee that the paramedics will always save a life? I didn't think there was.

 

[Scouzer]

Why don`t they just make every lawsuit $100 billion dollars from the start... they are just insane numbers and in reality they settle for fractions of a percent of their original lawsuit.

 

[SpiderWiz]

I read the article but still don't know who had the cannon. Based on the article my first thought is they are suing the people with the biggest bank account. It happens all the time, doesn't make it right but it happens. Also, I'm sure it took 14 months for lawyers to paint the picture for the lawsuit.

 

[mugs]

I only read the article, didn't watch the video - did the video said who owned and fired the canon? The article leaves open the possibility that it was on a neighbor's property.

 

[JDub02]

Originally posted by: skace
Even if they can prove a better crew might have saved their boys life, is there some sort of guarantee that the paramedics will always save a life? I didn't think there was.

No, but paramedics are on the hook to perform to their level of training. I'm an EMT and the "good samaritan" law does not apply. If a paramedic/EMT attempts to do something above their training (such as an IV for EMT-B) or something contrary to their training (perform CPR wrong or not splint or bandage properly), they can be sued. Kind of like malpractice for doctors.

I'm with Marlin1975, though. I think a lawyer got to them and is looking for easy money.

 

[waggy]

Originally posted by: SpiderWiz
I read the article but still don't know who had the cannon. Based on the article my first thought is they are suing the people with the biggest bank account. It happens all the time, doesn't make it right but it happens. Also, I'm sure it took 14 months for lawyers to paint the picture for the lawsuit.

http://seattletimes.nwsource.c...75673_webcanon05m.html

the Thurston County case, the boy was hit by a piece of metal about 8 p.m. Wednesday while standing about 100 feet from the cannon, and some of the other shrapnel was hurled as far as 234 feet, Chief Criminal Deputy Jim Chamberlain said. The boy died about an hour and a half later at Providence St. Peter Hospital in Olympia.

The blast occurred at the home of the boy's grandfather and his parents also were present, Chamberlain said. No one had been arrested or charged as of Thursday morning




so it was the kids grandfathers. wich the cannon was illegal anyway

 

[alkemyst]

Originally posted by: skace
Even if they can prove a better crew might have saved their boys life, is there some sort of guarantee that the paramedics will always save a life? I didn't think there was.

The lawsuit is not debating the life saving guarantee. They are implying those that showed up did not know how to proceed towards trying to save his life.

I will say I feel many of the nurses we have working down here in S. Florida have only gotten by because they are bilingual. They have no patient care understanding and are clearly in the field due to the high pay that's offered.

 

[Turin39789]

They should have sued for an odd number, like 175,000,000

 

[Nitemare]

Two words.... Tort Reform


Until we get it, it's just going to get worse and worse and worse.

 

[IEC]

Originally posted by: Turin39789
They should have sued for an odd number, like 175,000,000

I think the guy mentioned here would agree

 

[dakels]

Originally posted by: JDub02

Originally posted by: skace
Even if they can prove a better crew might have saved their boys life, is there some sort of guarantee that the paramedics will always save a life? I didn't think there was.

No, but paramedics are on the hook to perform to their level of training. I'm an EMT and the "good samaritan" law does not apply. If a paramedic/EMT attempts to do something above their training (such as an IV for EMT-B) or something contrary to their training (perform CPR wrong or not splint or bandage properly), they can be sued. Kind of like malpractice for doctors.

I'm with Marlin1975, though. I think a lawyer got to them and is looking for easy money.

I was just about to say this. People in the medical profession bear the incredible burden of making direct life and death mandatory decisions under the most stressful of situation. While gross negligence should not be ignored or unpunished, the lawyers seem to be finding more ways to find fault with expectable and reasonable choices and outcomes. Most of these cases wouldn't win in court but more often then not, it may be easier to settle so the lawyers win anyways. This drives up costs for everyone else and often decreases available healthcare resources.

Still, the fact that the kid was killed by some ridiculous accident doesn't excuse any faulty behavior of the responders. Still, these type of absurd lawsuits is a real punch in the face to common decency and a drain on everyone involved. We need to make these types of lawsuits costly to the plaintiffs to deter these unscrupulous leeches.

 

[dainthomas]

Originally posted by: Nitemare
Two words.... Tort Reform


Until we get it, it's just going to get worse and worse and worse.

I have the right to sue Taco Bell for a gajillion dollars for not putting enough lettuce on my taco. It would get thrown out instantly, but it's my right. Judges usually have rudimentary reasoning skills, I'm not sure why a politician needs to write a law to tell them what a stupid lawsuit is.

 

[Nitemare]

Originally posted by: dainthomas

Originally posted by: Nitemare
Two words.... Tort Reform


Until we get it, it's just going to get worse and worse and worse.

I have the right to sue Taco Bell for a gajillion dollars for not putting enough lettuce on my taco. It would get thrown out instantly, but it's my right. Judges usually have rudimentary reasoning skills, I'm not sure why a politician needs to write a law to tell them what a stupid lawsuit is.

The 9th Circuit Court of Appeals would disagree

 

[waggy]

Originally posted by: dainthomas

Originally posted by: Nitemare
Two words.... Tort Reform


Until we get it, it's just going to get worse and worse and worse.

I have the right to sue Taco Bell for a gajillion dollars for not putting enough lettuce on my taco. It would get thrown out instantly, but it's my right. Judges usually have rudimentary reasoning skills, I'm not sure why a politician needs to write a law to tell them what a stupid lawsuit is.

do you ahve the right to sue someone over something stupid and cause them to go bankrupt? or sale off business?

 

[SirStev0]

and people blame doctors for increasing medical costs...

 

[dainthomas]

Originally posted by: waggy

Originally posted by: dainthomas

Originally posted by: Nitemare
Two words.... Tort Reform


Until we get it, it's just going to get worse and worse and worse.

I have the right to sue Taco Bell for a gajillion dollars for not putting enough lettuce on my taco. It would get thrown out instantly, but it's my right. Judges usually have rudimentary reasoning skills, I'm not sure why a politician needs to write a law to tell them what a stupid lawsuit is.

do you ahve the right to sue someone over something stupid and cause them to go bankrupt? or sale off business?

So I would really get a gajillion dollars from Taco Bell? Or would a judge throw it out and likely slap me with court costs?

 

[AMCRambler]

Why aren't lawsuits like these dismissed as frivolous when they are filed? Can't a judge just cull through these things and say "hrrmmmm this looks like bullshit..." and toss it in the shredder? I don't get it.

 

[SirStev0]

Originally posted by: JDub02

Originally posted by: skace
Even if they can prove a better crew might have saved their boys life, is there some sort of guarantee that the paramedics will always save a life? I didn't think there was.

No, but paramedics are on the hook to perform to their level of training. I'm an EMT and the "good samaritan" law does not apply. If a paramedic/EMT attempts to do something above their training (such as an IV for EMT-B) or something contrary to their training (perform CPR wrong or not splint or bandage properly), they can be sued. Kind of like malpractice for doctors.

I'm with Marlin1975, though. I think a lawyer got to them and is looking for easy money.

As an EMT you should also know how critical people can be. Like the 500 lb diabetic asthma trailer park trash smoking a cigarette who gets angry when we pump her elbow trying to squeeze her through the door.

The suit says it seemed like they weren't sure what equipment to use on them. First He is kid, which makes a little bit of a problem since kids can be very variable with size and develop and can make some problems.

Second, what caused the accident... Well fuck he was just hit with a chunk of metal propelled at high speed. Where and what was injured? How bad was it. At some point you are just trying your damnest to control bleeding, keep an airway, and hopefully keep the heart beating until you can get him to a hospital to get surgery. There really isn't much you can do on scene in some cases.
I don't know what it damaged but if it hit the face or throat, I'd have a hell of a time too trying to figure out what the fuck I was going to put into him to keep him breathing. What about a full on shot to the chest. good luck with that.

 

[Nitemare]

Originally posted by: dainthomas

Originally posted by: waggy

Originally posted by: dainthomas

Originally posted by: Nitemare
Two words.... Tort Reform


Until we get it, it's just going to get worse and worse and worse.

I have the right to sue Taco Bell for a gajillion dollars for not putting enough lettuce on my taco. It would get thrown out instantly, but it's my right. Judges usually have rudimentary reasoning skills, I'm not sure why a politician needs to write a law to tell them what a stupid lawsuit is.

do you ahve the right to sue someone over something stupid and cause them to go bankrupt? or sale off business?

So I would really get a gajillion dollars from Taco Bell? Or would a judge throw it out and likely slap me with court costs?

No we are talking about the retarded asshat lawyers that are sueing places like dry cleaners for millions of dollars over a pair of pants. Even if the Mom and Pops wins the lawsuit, they still lose because they have to pay for legal defense, court costs and time off work because of some retard.

I knew a guy that got divorced and couldn't keep a job because his ex would haul him into court so often just for spite and he would have to spend so much time off from work.

 

[FDF12389]

Originally posted by: AMCRambler
Why aren't lawsuits like these dismissed as frivolous when they are filed? Can't a judge just cull through these things and say "hrrmmmm this looks like bullshit..." and toss it in the shredder? I don't get it.

Regardless oh how the child was hurt, if their was negligence, then they have a case.

 

[mugs]

Originally posted by: dainthomas

Originally posted by: Nitemare
Two words.... Tort Reform


Until we get it, it's just going to get worse and worse and worse.

I have the right to sue Taco Bell for a gajillion dollars for not putting enough lettuce on my taco. It would get thrown out instantly, but it's my right. Judges usually have rudimentary reasoning skills, I'm not sure why a politician needs to write a law to tell them what a stupid lawsuit is.

Judges are bound by the law. Any rules that exist for lawsuits need to be codified by politicians because that's their job.

 

[jonks]

It's easy to point at 99% of law suits and scream 'frivolous.' Luckily, the standard for frivolous isn't what a bunch of reactionary people on internet forums think.

Let's say the kid was hit with shrapnel. Maybe it was serious, but with competent medical care he woudl have been fine. Then the 911 people show up, and screw up bigtime. They aggravate the situation, and turn what would have been a serious but manageable case into a fatality through their negligence. Imagine the kid would have survived under competent medical aid but died because of incompetent poorly trained responders. Do you see that little boy? Covered in blood and shrapnel? Can you see him? And now...imagine he's white.

 

[ElFenix]

Originally posted by: dainthomas
So I would really get a gajillion dollars from Taco Bell? Or would a judge throw it out and likely slap me with court costs?

generally judges can't just throw things out because they think the case is retarded. and costs of court is filing fees, which is chump change in the grand scheme of things.