Wrongful Death Lawsuit

[Bernard]

Wrongful Death Lawsuit Filed Alleging Forcible Restraint by First Responders Caused Death of Man Having Seizure
Wednesday July 13, 5:14 pm ET
Epilepsy Foundation Calls for Universal Protocols and Better Training for First Responders on Seizure Recognition and Management

LANDOVER, Md., July 13 /PRNewswire/ -- Responding to recent deaths and serious injuries of people with epilepsy during the course of emergency medical services by first responders, the Epilepsy Foundation today called for the universal adoption of protocols and training requirements to ensure that first responders properly identify and respond to persons experiencing seizures. The call for better training and development of universal protocols that do not include forcible restraint is made in connection with the most recent report to the Foundation of a fatality apparently as a result of the mishandling of seizures by local emergency response personnel. A lawsuit is being filed today in federal court in Nashville, Tennessee concerning the wrongful death of Federico Becerra, Jr.

In recent years, there have been numerous avoidable deaths and serious injuries caused by unregulated restraint practices such as hog-tying, prone (face-down) restraint and/or choke holds used by law enforcement personnel and other first responders. Epilepsy (defined as chronic seizures), which affects 2.7 million people nationwide, is a common neurological disorder and is a frequent reason for a call to emergency lines for assistance.

Unfortunately, first responders all too often employ forcible restraint methods as a means of subduing persons who may appear to be combative, but are actually displaying typical symptoms of a seizure. Practices such as hog- tying (binding hands and feet behind one's back) and/or placing one prone (face down on a stretcher, for instance) and applying force to the back or the neck -- may lead to asphyxiation. Additionally, continued patient struggling after restraint application can lead to cardiac arrest. Forcible restraint is known to cause people having seizures or who are in the post-seizure confused state to involuntarily resist or fend off the restraint -- thereby leading to charges of combativeness, such as when the individual mistakenly perceives the medical personnel to be attackers rather than rescuers.

Mr. Becerra died on July 15, 2004, in Madison, TN. The Nashville Emergency Medical Response Team responded to a call for assistance placed by Mr. Becerra's grandmother (with whom he lived). The complaint filed with the court today alleges that upon arriving, EMTs, paramedics and firefighters forced Mr. Becerra onto his stomach, and began to restrain him by using their bodies to apply weight and pressure to his head, neck, shoulders, arms, torso and legs to prevent him from moving. The responders then allegedly tied Mr. Becerra's hands and ankles behind his back. Mr. Becerra died shortly after being restrained in this manner, potentially the result of asphyxiation or cardiac arrest. There allegedly was no effort made to assess Mr. Becerra to determine whether he was in need of medical treatment or to ensure that his breathing was unobstructed. At no time prior to restraining Mr. Becerra did he pose a threat to himself or the responders.

It is also alleged that this treatment occurred despite the fact that Mr. Becerra's grandmother informed the first responders that Mr. Becerra had epilepsy. It is possible that these individuals may have assumed that Mr. Becerra was combative and under the influence of drugs (he lived in an apartment complex where there was much drug use). The autopsy report stated that no narcotics were found in the decedent's body; only anticonvulsant medication for his epilepsy was detected.

The lawsuit is claiming that these actions violated Mr. Becerra's constitutional rights. Specifically, it is claimed that this violation was the direct result of the use excessive force by the responding firefighters and paramedics, and their failure to provide adequate medical attention to Mr. Becerra. Further, it is asserted that the City of Nashville, which employs the first responders, failed to provide adequate training on recognizing and managing persons experiencing seizures. As a remedy, the lawsuit is seeking monetary damages for the pain and suffering Mr. Becerra experienced prior to his death, as well as damages relating to his death.

According to the Chair of the Epilepsy Foundation's Professional Advisory Board, Gregory L. Barkley, M.D. (Founding Director, Henry Ford Comprehensive Epilepsy Program), "Incidents of people harmed by an aggressive response to seizures appear to be on the rise. While most law enforcement and emergency response teams do an outstanding job of responding to seizures, the fact that some people are being harmed or even dying as a result of a call to 911 is not acceptable. We need to ensure that better and less dangerous methods are used to handle the person having a seizure so that public safety is enhanced, not diminished. People need to be sure that if they call 911 because a brother or father or friend is having a seizure, they can be sure that their loved one will be helped and not harmed. Better training without the use of forcible restraint and the imposition of universal standards for all personnel handling people having seizures is an absolute must."

Barkley said that emergency medical teams and law enforcement personnel can reduce the risk of injury and a fatal outcome by remembering a few key points when responding to reports of a seizure or someone acting strangely.

• When a report comes in about someone acting strangely or creating a disturbance, always consider the possibility that a seizure is taking place or has just occurred.
• Check for a medical identification card or bracelet indicating that the person has epilepsy.
• If family members or bystanders say that the person has epilepsy, assume that the observed behavior is seizure-related.
• Seizure activity in the brain may affect speech, consciousness, and movement to such an extent that a person cannot respond or interact normally during the seizure or immediately afterwards.
• Seizure symptoms may in rare cases include running, spitting, shouting, screaming, flailing movements or abusive language. Remember that these actions are involuntary, not under conscious control.
• Confusion and disorientation may last for some time after a seizure nds, but will gradually improve.
• Actions during a seizure are undirected and not under conscious control. Arrests solely on the basis of seizure activity may be discriminatory.
• People who are in the midst of a seizure or who have just had one should not be forcibly restrained because such restraints may injure them. In addition, people in these circumstances may misinterpret the actions of medical personnel as an attack on them and they may react to protect themselves by forcibly resisting, placing themselves and medical personnel at risk for injury.
• People with epilepsy who are taken into custody for any reason should continue to get their medication. Failure to take medication on time could produce fatal rebound seizures.
• Placing someone who is having a seizure, or has just had a seizure, face down, in a choke hold and/or hog-tying them, can obstruct breathing and cause death.
• People with epilepsy who have a seizure while in custody should receive prompt medical attention.
• People with epilepsy are normal, law abiding people with an episodic medical disability over which they have no control. They deserve to be treated with respect.

The Epilepsy Foundation, with national offices in metropolitan Washington, D.C., and a network of 50 affiliates throughout the nation, is the non-profit volunteer organization devoted to research for the cure, education, advocacy, and the provision of services in the community for people with seizures and their families.

For additional background on inappropriate response to seizures go to: http://www.epilepsylegal.org/inappropriateresponse.cfm

For summaries of other recent first responder restraint cases from around the country, both resolved and pending, along with contact information for attorneys handling them go to: http://www.epilepsylegal.org/restraintcases.cfm