Case details

Daughter of decedent: Security interfered with bystanders’ aid

SUMMARY

$259912

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
cardiac arrest, lack of oxygen to brain, severe brain damage
FACTS
On Oct. 2, 2012, plaintiff’s decedent Gary Bartlett, 63, was playing in a poker tournament at the Bicycle Hotel & Casino, in Bell Gardens, when he suffered a cardiac arrest and collapsed to the floor. Bystanders immediately performed CPR until casino security guards intervened. The casino’s security guards acted as the casino’s medical response team and they had all been trained and certified in CPR. However, while certified, none of the casino security guards had ever performed CPR before. When the security guards arrived, the first responding security guard took out a CPR mask and was about to start CPR on Bartlett, while the head of security created a barricade to keep the crowd back and not allow anyone near Bartlett. However, three bystanders were allowed to remain and perform CPR on Bartlett again after approximately seven minutes. When the paramedics arrived at the scene, they immediately took over performing CPR and used an automated external defibrillator (AED) to eventually restart Bartlett’s heart. However, due to the lack of oxygen to his brain during the incident, Bartlett suffered severe brain damage. After it was determined that the damage to Bartlett’s brain was too great, a decision was ultimately made to take him off life support. Thus, he passed away on Oct. 20, 2012. The decedent’s daughter, plaintiff Amy Bartlett, a registered nurse at Children’s Hospital of Orange County, sued the employer of the security guards, The Bicycle Casino Inc. Ms. Bartlett alleged that the casino security guards were negligent for interrupting and delaying bystanders from performing CPR on the decedent and that the casino was liable for the guards’ actions. Plaintiff’s counsel argued that the casino’s security guards, upon arriving at the scene, interfered with the aid of the bystanders and stopped the bystanders’ from performing CPR on the decedent. Counsel contended that none of the casino security guards had ever performed CPR before and that the first responding security guard took out a CPR mask, but did not perform CPR because the security guards had misinterpreted the decedent’s agonal gasps as breathing. Counsel contended that as a result, seven minutes went by without any CPR, causing the oxygen deficit. Thus, plaintiff’s counsel argued that the decedent would have survived with his brain function intact if CPR was continued by the bystanders, but that due to the delay of seven minutes and lack of oxygen for that time, the decedent’s brain suffered. In addition, counsel argued that after seven minutes, the casino security guards allowed bystanders to perform CPR again, instead of performing it themselves. According to plaintiff’s counsel, the experts for both the plaintiff and defense agreed that if the brain has a lack of oxygen for up to six minutes, the person is likely to die or suffer irreversible brain damage. Defense counsel contended that the casino’s security intervened appropriately and that the decedent was breathing when the security guards intervened. Counsel also contended that three bystanders were permitted to continue to attend to the decedent because one of the bystanders was a medical technician with advanced CPR training, and who had performed CPR on many occasions, and the others claimed to be a paramedic and a medical doctor. Defense counsel argued that everyone at the scene testified that the decedent was breathing and had a pulse, except for during those moments when compressions and breaths were actually being provided. Counsel also argued that everyone was monitoring the decedent and that as soon as they believed the decedent stopped breathing, they returned to performing breaths and compressions. In response, plaintiff’s counsel noted that the paramedics testified that none of the bystanders reported to being EMTs or doctors and that the paramedics testified that they would have included that information in their report. Counsel also responded that video showed a security guard putting the CPR mask on the decedent and then taking it off and that security guards testified that they felt a weak and intermittent pulse in Bartlett’s wrist. Thus, plaintiff’s counsel argued that everyone, including the bystanders attending to the decedent, misinterpreted the decedent’s agonal gasping, or abnormal breathing during hypoxia, as actual breathing., Gary Bartlett’s brain was compromised due to hypoxia. As a result, he had to be placed on life support. However, due to the severe brain damage, it was ultimately decided to take Mr. Bartlett off life support. He died on Oct. 20, 2016. He was 63 years old and survived by his only daughter, Amy Bartlett. Plaintiff’s counsel contended that the decedent would have survived the cardiac arrest, but that his brain was compromised due to the oxygen deficit. Ms. Bartlett, who was a nurse at Children’s Hospital of Orange County, claimed that she knew that CPR could have saved her father. She also claimed that she was extremely close with her father, even into adulthood, and that she was living with her father and had only recently moved to a condo nearby. She further claimed that they would speak to each other every day and had dinner together five times a week. Thus, plaintiff’s counsel asked the jury to $20 million in economic damages, $1 million for each year Mr. Bartlett would have lived. Defense counsel argued that Ms. Bartlett should only receive $200,000 for the loss of her father, noting that the families of men and women who die while serving in the armed forces only receive $200,000.
COURT
Superior Court of Los Angeles County, Norwalk, CA

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