http://www.emsresponder.com/article/article.jsp?id=8416&siteSection=1
Nebraska Mother Sues EMT, County over Death
John Ferak, WORLD-HERALD STAFF WRITER
Omaha World-Herald (Nebraska)
http://www.emsresponder.com/article/article.jsp?id=8416&siteSection=1
Nebraska Mother Sues EMT, County over Death
John Ferak, WORLD-HERALD STAFF WRITER
Omaha World-Herald (Nebraska)
Morris recently filed a wrongful death lawsuit alleging that emergency medical technician William Cover misused a suction device during the 911 call to Mattern's house, and that his actions resulted in the woman's death on Oct. 2, 2006.
The lawsuit states that emergency room doctors at Midlands Hospital in Papillion discovered a 3- to 4-centimeter red cap lodged in Mattern's throat, blocking her airway, at the time of her death.
Cover is accused of failing to remove the red plastic cap from the V-Vac suction device, according to the lawsuit filed by Omaha attorney Christopher Welsh. The color helps remind rescue workers to take it off before use, he said.
Lincoln lawyer Vince Valentino, who is defending Cass County and Cover, plans to argue that Mattern "was beyond being saved" at the time her mother made the 911 call.
http://www.emsresponder.com/article/article.jsp?id=8416&siteSection=1
Valentino does not dispute the suction device malfunctioned in her mouth. However, that's a product liability matter, he said.
He said he plans to ask the judge to dismiss the lawsuit because Nebraska law makes first responders and emergency personnel immune from civil liability unless they engage in gross negligence or willful and wanton conduct.