Case details
Facility’s lack of a defibrillator led to child’s death: parents
SUMMARY
$1000000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
brain, brain damage
FACTS
On Oct. 18, 2012, claimants’ decedent, Sabrina Azizian, 5, was participating in a gymnastics class at Gymnastics World in Chatsworth when she fell from a climbing a rope and landed in a shallow foam-filled pit. She subsequently vomited while in the pit and was then helped onto the adjoining mat, where she vomited again. After initially appearing to be okay, Sabrina developed difficulty breathing, ultimately stopped breathing, and was described as becoming “pale and blue.” It was later determined that Sabrina had suffered a cardiac arrest and a fatal anoxic ischemic brain injury. The decedent’s mother, claimant Karine Azizian, was present during the incident and witnessed her daughter’s death. Mrs. Azizian and her husband, claimant Krist Azizian, filed a claim against Gymnastics World Enterprise. Sabrina’s parents alleged that the facility was negligent for failing to have an automatic external defibrillator on the premises, as well as personnel trained in its use pursuant to Health & Safety Code § 104113. Gymnastics World Enterprise claimed that it was not classified as a “health studio” under the statute, so it was not required to comply with the statute. It also claimed that even if it was required to comply with the statute, there is no duty to actually use an AED, and, further, that an AED would not have saved Sabrina because she died as a result of choking on her own vomit and/or from a “non-shockable” arrhythmia. In addition, the facility claimed that Sabrina’s parents could not recover any damages because they had signed a waiver prior to Sabrina’s enrollment in the gymnastics program., Sabrina developed difficulty breathing after her fall and ultimately stopped breathing. It was later determined that Sabrina had suffered a cardiac arrest and an anoxic ischemic brain injury. She ultimately died from her . Sabrina was 5. Sabrina’s parents sought recovery of non-economic damages for their daughter’s wrongful death. In addition, Mrs. Azizian sought recovery of damages for the negligent infliction of emotional distress as a result of having witnessed the events that led to her daughter’s death.
COURT
Matter not filed, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
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- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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