• 09
  • September
    2010

Family members of a Chapel Hill High School football player, who died two years ago after becoming severely dehydrated, are suing the paramedic who initially treated the young man. The family had also hoped to sue Orange County in their negligence-based wrongful death suit, but recently dropped the county from the lawsuit when it became apparent they would likely not be able to overcome a government immunity defense.

The subject of the lawsuit is the death of a 17-year-old football player from what later appeared to be a heart attack. The young man was reportedly seen by a paramedic after 911 was called. The paramedic treated him for approximately 20 minutes, telling him to rest and drink plenty of fluids. The parents of the football player found their son dead later that day.

In the lawsuit, the family alleges that the paramedic was negligent in failing to do a number of things, including taking the young man's vital signs in both a standing and sitting position, failing to take his temperature, failing to transport him for treatment of hyperthermia, failing to tell him to seek treatment from a doctor, and failing to contact his parents.

In response to the lawsuit, the paramedic has denied any negligence saying that his evaluation showed the football player did not meet the criteria for emergency transport or for placement of an IV because the young man was able to drink water or Gatorade under his own power. The paramedic has also argued that he was simply performing his job duties in good faith and should be immune from the lawsuit.

The government immunity defense that resulted in Orange County being dropped from the suit comes from a common-law principle that governments are immune from lawsuits alleging negligence in the good-faith performance of their essential functions.

Although some have argued against this type of immunity, saying it protects those that cause harm to citizens who pay taxes to the government, others contend that government could not function and perform the services it is required to provide without some assurance that it won't be held civilly liable.

Related Resources:

Orange County says it's not liable in student's death (News & Observer)