Case details

Coaches’ lack of heat illness training resulted in death: family

SUMMARY

$8000000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
cardiac, cardiac arrest, death, heartc
FACTS
On May 17, 2016, plaintiffs’ decedent Giovani Pulido, 15, a student, collapsed during football practice at Encinal High School, in Alameda. The football practice where Giovani collapsed was the second practice of spring football, and it was overseen by eight coaches who were responsible for the 40 to 50 high school students who attended the practice. Practice started at 5 p.m., while the sun was still out and the ambient air temperature was 77 degrees. There was a breeze on the football field, and practice proceeded without pads or helmets. Practice also involved a mix of instructional periods, drills and waiting periods, where students would wait their turn to complete each drill. During the first 40 minutes of practice, students completed multiple drills and waiting periods, followed by a 10-minute instructional period. Close to one third of the practice was captured on video by a bystander, and it showed Giovani participating with other students in instructional periods, drills and waiting periods. At approximately 5:50 p.m., the students began a pursuit drill that included up-downs and running to designated locations. However, Giovani collapsed during the pursuit drill at around 5:54 p.m. By that time, the ambient air temperature had cooled to 75 degrees. His coaches started CPR and called 911. Giovani was then taken by paramedics to a hospital, where he was pronounced dead with the diagnosis of a sudden cardiac arrest with unclear etiology. Giovani’s parents, Antonio Pulido and Yolanda Mejia, sued the operator of the high school, which employed the eight coaches that ran the practice, the Alameda Unified School District; as well as the city of Alameda; the county of Alameda; and the state of California. Giovani’s parents alleged that defendants were negligent in the training of coaches and administrators, resulting in Giovani’s wrongful death. Several of the defendants were removed from the case, and the matter only continued against the school district. Plaintiffs’ counsel contended that the coaches running the practice failed to complete proper training, including heat-illness training offered by the National Federation of State High School Associations and training required by the California Interscholastic Federation. Plaintiffs’ counsel argued that due to the lack of training, the coaches developed and implemented a practice plan that was inappropriate for the environmental conditions and the students on the field. Counsel also argued that the coaches were unprepared to recognize the signs and symptoms of heat illness that Giovani may have shown before his collapse and that the coaches allowed Giovani to practice, even though he had not completed a pre-participation physical examination or related paperwork, despite the fact that both the physical examination and the paperwork were required by the school district’s safety policies and the California Interscholastic Federation. Plaintiffs’ counsel further argued that the coaches did not provide adequate water breaks for students during practice and that there should have been designated water breaks with coaches making sure that the students were drinking water. Plaintiffs’ counsel presented testimony from students who claimed that coaches sometimes denied students’ requests for water. Counsel also noted that the high school did not have an automated, external defibrillator and that the coaches did not use one because of this. Although statutory law at the time did not require schools to have automated, external defibrillators, plaintiffs’ counsel contended that the school should have had one accessible for use within three to five minutes of Giovani’s collapse. As a result, counsel argued that the negligence of the coaches and administrators was a substantial factor in causing Giovani’s death. Defense counsel contended that the coaches running the practice were fit and competent because they had years of experience playing and coaching high school and college football. Counsel also contended that the coaches had completed the training required by the California Interscholastic Federation and that at least one coach had completed the heat illness training recommended by the National Federation of State High School Associations. Defense counsel argued that the coaches’ practice plan was within the standard of care and exceeded the practice plans of most high school coaches in California. Counsel also argued that Giovani completed a pre-participation physical examination and the related forms before practicing on May 17, 2016, contending that the examination was with Giovani’s pediatrician on or after March 9, 2016. Defense counsel contended that during the March 9 examination, the pediatrician found Giovani’s examination to be normal and that the physician believed that Giovani could be cleared for football. In addition, counsel argued that Giovani received adequate water breaks during practice and that the coaches provided snacks and water for students at study hall before practice. The coaches testified that they encouraged Giovani and the other students to hydrate before and during practice and that they allowed students to get water whenever they wanted from a water station that was on-field and in working order. They also claimed that one of the coaches even took Giovani’s position group to the water station to get water before Giovani collapsed. Defense counsel argued that the coaches’ efforts were sufficient for a practice that involved little exertion and was mostly a walk-through. Counsel further argued that the standard of care did not require secondary schools in California to have automated, external defibrillators. In response, plaintiffs’ counsel noted that Giovanni’s physician did not recall whether she had signed a physical examination form for Giovani., Giovani suffered a sudden cardiac arrest and collapsed. His coaches were performing CPR as the paramedics arrived at on the field within approximately five minutes and attempted defibrillation, but they were without success. The paramedics then transferred Giovani to a hospital, where additional life-saving efforts where attempted and failed. Giovani was ultimately pronounced dead at 7:04 p.m. on May 17, 2016. He was 15 years old. Plaintiffs’ counsel contended that Giovani had some level of dehydration during practice and that the exertion of practice increased Giovani’s body temperature and demand on his heart. Counsel asserted that, ultimately, Giovani’s heart arrested from the combination of those factors. Giovani’s parents, Antonio Pulido, then 39, and Yolanda Mejia, then 38, sought recovery of wrongful death damages for the loss of their son. Specifically, they sought recovery for their past and future loss of Giovani’s love, companionship, comfort, care, assistance, protection, affection, society and moral support. Defense counsel argued that Giovani did not suffer from heat illness because he did not have signs and symptoms of heat illness during practice, and because Giovani’s skin temperature was normal post-collapse. Moreover, counsel contended that Giovani’s body temperature was never measured by the emergency medical technicians or the emergency room staff, making a diagnosis of heat illness impossible. The defense’s pathology expert opined that Giovani’s collapse and death were caused by a pre-existing, undiagnosed genetic condition, specifically channelopathy (a disease involving dysfunction of an ion channel) with cardiomyopathy. The expert also opined that because of the genetic condition, Giovani could have suffered a cardiac arrest at any time.
COURT
Superior Court of Alameda County, Oakland, CA

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