Case details

Sergeant failed to recognize signs of heat stroke: family

SUMMARY

$500000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
acidosis, arterial, death, renal failure, rhabdomyolysis, urological, vascular
FACTS
On March 19, 2008, plaintiff’s decedent Michael Trujillo, 18, a student, was invited by a sergeant with the United States Marine Corps to a physical training event for individuals enlisted or accepted to the Marines. Days before the event, the sergeant found that Trujillo weighed 320 pounds and was physically unfit to be a Marine. During the event, Michael did some stretching exercises and then went with the group on a 2.5-mile run at a 10- or 11-minute-mile pace that ended at a high school in the area. Following the race, Trujillo informed the sergeant that he was not feeling well and was told to sit in the shade. After some 30 to 45 minutes, the sergeant noted that Trujillo had signs of severe heat stroke, including elevated heart rate, loss of consciousness, loud and labored breathing, halted sweating, and general unresponsiveness. He subsequently called emergency services, but Trujillo died three days later. Maria and Michael Trujillo, Sr., acting individually as their son’s parents and on behalf of their son’s estate, sued the United States of America, alleging that the Marines were negligent and caused the wrongful death of Michael Anthony Trujillo II. Plaintiffs’ counsel contended that the Marines should not have invited the decedent to an event intended to condition Marine recruits awaiting boot camp, knowing Michael Trujillo II was unfit. They also contended that the supervisors were negligent in handling Trujillo when he was obviously suffering from heat stroke. Counsel further contended that the sergeant should have known Trujillo required immediate medical attention and should not have waited so long to call emergency services. In addition, plaintiffs’ counsel contended that the sergeant called emergency services only after a mother at the high school and the high school athletic director saw Trujillo and reported that he needed medical attention. Defense counsel contended that the accident was not caused by any negligence, wrongful acts or omissions, and that Trujillo assumed the risks when he voluntarily signed up for the event. Counsel also contended that the Marines did not owe any duty to Trujillo to turn him away from the event or to curtail the activities to accommodate his abilities. The Marines claimed that the sergeant acted reasonably once Trujillo began showing signs of distress, as he immediately told Trujillo to sit in the shade, as well as poured water over his head and ensured that his airways were open. The defense’s expert physician intended to opine that when Trujillo approached the sergeant, his symptoms were so severe that he could not be saved and therefore, there was no causal link between any alleged negligence in his treatment by the Marines., Michael Trujillo II was found to be unresponsive, as well as had loud and labored breathing, and halted sweating. He was subsequently taken by ambulance to Glendale Adventist Medical Center. His blood pressure, heart rate, respiration, temperature and oxygen content all showed signs of extreme heat stroke. Trujillo was immediately consulted for acute renal failure, rhabdomyolysis and metabolic acidosis; however, he died in the Intensive Care Unit on March 21, 2008. He was survived by his parents. The decedent’s parents sought recovery of wrongful death damages, including compensation for pre-death pain and suffering and loss of companionship. They did not seek economic damages. Defense counsel contended that damages were questionable, as Trujillo was 18 years old and able to leave his family at the time of his death. Counsel also planned to argue that Trujillo had a questionable relationship with his parents.
COURT
United States District Court, Central District, Los Angeles, CA

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