Quantcast

Parents Of Asthma Victim Want CPR Law For Cops

090710ojeda.jpg
Briana Ojeda
Last week, an 11-year-old girl died of an asthma attack, and her mother, Carmen Ojeda, blamed a police officer for keeping her from getting to the hospital in time. She also says the officer, Alfonso Mendez, "smirked" at her and refused to perform CPR on her dying daughter, claiming he didn't know how. Mendez has been suspended from the 84th precinct and could face departmental charges for "failing to take proper police action," but the Ojedas say that isn't enough. On top of wanting to press criminal charges, they want to make it a crime for a cop to refuse to help in a health emergency.

NYPD officers are trained in CPR during police academy. However, the standard CPR certification lasts only two years. Mendez is a five-year NYPD veteran, so it is likely his certification had expired. A good Samaritan ended up performing CPR on the girl on the way to the hospital, but she died an hour after arriving. Carmen and Michael Ojeda will rally today on the steps of the Brooklyn Supreme Court for "Briana's Law," which would require yearly training in CPR and first aid for cops, and make it a misdemeanor for cops to refuse help. Mendez's wife previously defended her husband's actions, saying, "He tried to help. He was alone and you know, he was scared...I’m very sorry to the woman, that if he [Mendez] could have done more, he would have."

Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.

Comments [rss]

  • nik13

    Years ago, only healthy immigrants made it through. Now everyone gets in & then sues everyone around for their own genetic/inbreeding screw-ups. We're infested by bedbugs & lawyers. Please bring DDT back. Or Zyklon B.

  • John L

    Oh so this young "immigrant" girl died as a result of asthma due to "their own genetic/inbreeding screw-ups" unlike healthy immigrants of the passed?



    You are a neanderthal.



    So "healthy immigrants" never get asthma, huh?

    Idiot.

  • jt10000

    Sad story, onetimeonly.



    And to others - even if some people feel the mother didn't deal with the situation correctly, it makes some sense to have police be required to know CPR. I'm not sure it should be a crime for them not to administer it, but departmental rules should require some action (CPR, calling the ambulance since the mother didn't, etc). I know in some sports it's required for coaches to know CPR. Seems police should be trained in that and required to keep their certification up to date.

  • onetimeonly



    This story has haunted me. On that Friday afternoon I'd just walked into my apartment from work and heard a lot of commotion coming from out on the street. (I live roughly between the park and the vicinity where the accident occurred). I looked out my window and saw an SUV / minivan stopped at the light (three cars back). All four doors were open, and four people - they all appeared to be adults - were outside the car, screaming at the first car stopped at the light.



    At first it seemed like they were having an argument with the other driver, yelling & gesturing for the car to move. By now people had stopped on the sidewalk, trying to speak to the people standing outside the car. I heard a woman screaming "Help us Help us" and then they all -- literally -- ran around the car, screaming. One of them put her hands up to her ears. It was a bizarre sight, simply because they were ALL FREAKING OUT. At one point the driver (who I presume is the mother) leaned into the backseat. Note: this all happened in less than 2 minutes, because the light was still red.



    At that point it's obvious, okay, something is not right so I grabbed my phone and went downstairs. By the time I got onto the street, their car was gone. I stood there for a few seconds, and did not see which way the car had gone.



    As I walked back into my apartment I heard an ambulance siren (someone must've called) -- I saw the ambulance out of my window, on the street, where the car had been.



    No more than five minutes had passed during this entire thing.



    When I heard the girl had died, it broke my heart. I wish I had gone down sooner, helped them out some way, begged them to just stay put. I don't know how not ONE of them was calm enough to think clearly, and to just stay in ONE PLACE. The ambulance got there -- IT WAS THERE -- no doubt at the same time they were a few blocks away driving the wrong way down a street. And then the officer's (in)action on top of the whole thing is horrid.



    Briana was failed by many people that day. Thanks for reading -- I had to get this out.

  • Kelles

    I have an idea, let's make it mandatory for parents of asthmatic children to take classes on how to manage their children's asthma including how to recognize signs of distress, avoiding triggers, administering the correct treatment, CPR, etc!!!!!!!!!!!!!!!

  • 5borough

    CPR is usless for people who breathing, this girl was breathing.



    So stupid.



    Non-story. The cop should have done something, but CPR wasn't it.

  • jen

    CPR is useless on someone having an asthma attack, the airways are blocked.

  • boogpowell

    I know someone who does know CPR. All EMT's. If the parent called an ambulance, a trained EMT with CPR experience would have arrived on the scene and been able to perform CPR. Many bad decisions were made by this mother and her defense mechanisms of blame everybody else are in full effect right now. She should have known CPR herself knowing her daughter had severe asthma. She should not have driven down a 1 way street the wrong way. She shouldv called 911 and waited for trained professionals.

  • Spirit of 76

    None of that excuses the actions or inaction of this officer. If he was still "scared" after five years on the force, maybe he shouldn't be on the force anymore. That's not even taking into account the fact that he did not voluntarily come forward and identify himself, rather forcing the department to scrutinize surveillance video. And the icing on the cake was him shaving his head to disguise his identity. He's scum, plain and simple.

  • unretrofiedforu

    Seriously.



    Do any of you people have kids? If you do, I'm pretty sure driving down a one way is the least of your worries if your child is grasping to breathe.

  • 5borough

    Not if you have common sense and value the life of your child. For some it is more important to be seen "trying" than to actually do anything.

  • rapscallion

    Been said, but gotta reiterate first:

    CPR isn't what an asthma victim needs.



    And second:

    You can be sued and found liable for performing CPR on anyone if you are not certified and something goes wrong. Seriously.



    Shit situation ... I can't blame the guy. I do kinda want to blame that mom - I had asthma as a kid. I also had AN INHALER. And if I had severe asthma, I'd have had a nebulizer nearby.

  • Spirit of 76

    Also, read the original article. They had a nebulizer. It wasn't helping during the severe attack.

  • rapscallion

    Good call on the NY law reference. It's not the case everywhere - certainly not in Ohio, or Minnesota, or wherever the hell I came from.



    If a nebulizer won't work, CPR sure as shit ain't going to do anything. :(

  • Spirit of 76

    Actually, Ohio has had a Samaritan law since 1977.



    2305.23 Liability for emergency care.

    No person shall be liable in civil damages for administering emergency care or treatment at the scene of an emergency outside of a hospital, doctor’s office, or other place having proper medical equipment, for acts performed at the scene of such emergency, unless such acts constitute willful or wanton misconduct.


    Nothing in this section applies to the administering of such care or treatment where the same is rendered for remuneration, or with the expectation of remuneration, from the recipient of such care or treatment or someone on his behalf. The administering of such care or treatment by one as a part of his duties as a paid member of any organization of law enforcement officers or fire fighters does not cause such to be a rendering for remuneration or expectation of remuneration.


    Likewise, Minnesota also has such a law:



    604A.01 GOOD SAMARITAN LAW.

    Subdivision 1. Duty to assist. A person at the scene of an emergency who knows that another person is exposed to or has suffered grave physical harm shall, to the extent that the person can do so without danger or peril to self or others, give reasonable assistance to the exposed person. Reasonable assistance may include obtaining or attempting to obtain aid from law enforcement or medical personnel. A person who violates this subdivision is guilty of a petty misdemeanor.


    Subd. 2. General immunity from liability. (a) A person who, without compensation or the expectation of compensation, renders emergency care, advice, or assistance at the scene of an emergency or during transit to a location where professional medical care can be rendered, is not liable for any civil damages as a result of acts or omissions by that person in rendering the
    emergency care, advice, or assistance, unless the person acts in a willful and wanton or reckless manner in providing the care, advice, or assistance. This subdivision does not apply to a person rendering emergency care, advice, or assistance during the course of regular employment, and receiving compensation or expecting to receive compensation for rendering the care, advice, or
    assistance.


    Virtually all states have such a law. The purpose is precisely to avoid your mistaken assumption, so that when someone needs help, bystanders decide to not render assistance out of fear of a lawsuit. As the Minnesota law says, this is called "duty to assist."

  • Spirit of 76

    Correction: ...bystanders DON'T decide...

  • Spirit of 76

    You can be sued and found liable for performing CPR on anyone if you are not certified and something goes wrong. Seriously.



    Don't spread misinformation. By New York State law:



    Any person who voluntarily and without expectation of monetary compensation renders first aid or emergency treatment at the scene of an accident or other emergency outside a hospital, doctor's office or any other place having proper and necessary medical equipment, to a person who is unconscious, ill, or injured, shall not be liable for damages for injuries alleged to have been sustained by such person or for damages for the death of such person alleged to have occurred by reason of an act or omission in the rendering of such emergency treatment unless it is established that such injuries were or such death was caused by gross negligence on the part of such person.

    The only time you actually need CPR certification is if your job requires it. For example, if you want to be a lifeguard, they would obviously want to see your certification before hiring you to ensure that you know the procedures.
  • boogpowell

    Ok i agree the officer could have acted too. But the blame cant be placed soley on him. I wouldnt go as far to call him scum for trying to avoid being singled out as the person involved in this incident. Whenever you make a mistake at work do u immediately come forward to your bosses. I doubt it. You probably think about the best way to tell them as to limit you getting in trouble as this cop was trying to do. If you think he is scum for not performing CPR than the mother is also scum for not performing CPR, driving the wrong way down a one way street and crashing, and not being prepared when she knows her daughter has severe asthma.

  • John L

    Too many excuses for inexcusable behavior.

    I think the term scum is a pretty accurate term to describe this cop.

  • Rocknrope

    That shaving of the head bit really is the topper. Reminds me of that wife murderer Scott Peterson who dyed his hair and goatee blonde with the cops arrested him.



    Not too conspicuous there, buddy.

  • nicemarmot

    So now we're going to make it a crime for people to not do their jobs? We better build a shitload more prisons!

  • cutlass

    I suppose it would be too much to ask for the parents of an asthmatic child to learn CPR themselves?

  • Rocknrope

    On top of wanting to press criminal charges, they want to make it a crime for a cop to refuse to help in a health emergency.



    It really is pathetic that this even needs to be called out as something a PO should do.

  • JenChungsBaby

    Why the hell didn't the parents know CPR themselves? If you have a kid with a life threatening chronic condition like that then go learn CPR. It's not that hard to do.

blog comments powered by Disqus

send a tip

tips@gothamist.com