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Asthma Victim's Family Planning Civil Suit Against NYC

091310ojeda.jpg On top of rallying for a new law that would make it a crime for police officers to refuse help in a medical emergency, the family of Briana Ojeda says they are planning a civil suit against the city for the actions of police officer Alfonso Mendez. The family's lawyer said, "We plan on a civil suit against the city and every person responsible for not stepping forward." She also asked, "It is 17 days since Briana Ojeda passed away without any word of condolence or sympathy from Police Commissioner Raymond Kelly or the mayor. We have not heard a word from Police Commissioner Kelly. Where are you?"

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  • cmdrogogov

    Yet another own-goal by a police force that's already pushed way past alienating the people they are supposed to work for (the public)

    Regardless of who was at fault, if this was a genuine police officer they should have ensured that the girl reached hospital ASAP. Unfortunately there's been so much FUD surrounding this story that its become impossible to get a handle on exactly what happened in actuality.

  • bashmentgirl

    The police officer wasted precious time by arguing with the child's mother instead of taking them to the hospital. CPR training was not required of the officer. However, if the officer didn't commit some sort of infraction, why did he hide? Why did the NYPD have to search for him? The officer has to take some of the blame. He shouldn't have wasted time arguing with the child's mother. We'll never know if the girl could have been saved.

  • jaycjay

    "However, if the officer didn't commit some sort of infraction, why did he hide?"

    Here's what he should have done, according to the Patrol Guide: provided "reasonable aid", contacted the dispatcher to request an ambulance, waited on the scene until it arrived, and while waiting allow any qualified medical personnel at the scene to render aid as long as he reasonably believed that any such person was a professional. He should observe that person while medical aid is given. After EMTs responded, he should then request identification from the volunteer. Then, file an "aided report" with his precinct's desk officer; that officer then would notify the precinct in which the incident occurred via telephone (since, in this case, he was outside his precinct's boundaries). If he had performed CPR, Emergency Services would also be sent a copy of the report.

    Here's what he says he did: let some unidentified person provide CPR, and provided an escort for the mother and child in their car to the hospital. He filed no report on the encounter.

    So whether CPR was appropriate or not, he clearly did commit several violations of policy and procedure for which he was immediately suspended once he'd been identified.

  • John L

    Don't even bother. All these commenters know this but as you already know as soon as they see a minority mother they'll find a way to blame the mother. Just imagine if a cop refused to help a white blonde girl and she subsequently died, can you picture the outrage here against the cop but since its a colored girl, the hell with her.

  • benzapp

    Please, without the technology of the blonde girls' descendants, this minority never would have been born let alone enjoyed the possibility of being saved by said technology.

    There is no reason to bring race into this.

  • John L

    Thank you sir for proving my point exactly.

    Oh and thanks for all that awesome technology your descendants have developed.

  • Meyer Lansky

    Mommy just hit the ghetto lottery....

  • bashmentgirl

    you're and ogre.

  • rammyh

    Not for nothing, but since it keeps coming up in these posts - CPR could've helped the girl even in the midst of a severe asthma attack.

    As explained to me a month back when being certified for CPR - the oxygen present in the blood in her body is sufficient to keep the brain alive, provided it's circulating. So if she stopped breathing, her heart has also likely stopped pumping. CPR would have pushed non-moving but yet oxygenated blood to her brain - so yes do please administer CPR to an asthmatic.

    You can perform CPR consisting solely of chest compressions, just do more of them per cycle.

  • just saying

    But Briana DID receive CPR.

    Did you forget about the Good Samaritan who performed CPR on her? Unfortunately, it didn't save her.

  • Huffy6241

    I thought I read somewhere she was still breathing when they brought her into the hospital?

    How would CPR of helped her if she were still breathing?

  • it seems like only last week that just wanted the officer to come forward so that their daughter could 'rest in peace'

    now they're suing.

    what a surprise.

  • deviousb

    She wanted people to step forward? How about calling 911? Emts could have administered 02, nebulizers, then epi and assisted with ventilations...ALL WHILE DRIVING QUICKLY AND SAFELY TO HOSPITAL. Ray Kelly and the Mayor need not apologize and I'm glad they haven't. She killed her daughter by panicking and bad driving. She should apologize to her family for not being prepared, then making a series of bad choices for her daughter.She didn't use the emergency medical services provided by the city, she failed her daughter, not the city.

  • sharpshoota

    That kid is dead because of the idiot parents.

  • anotherview

    Is the family planning to sue themselves? Having a child with debilitating asthma meant that everyone over the age of twelve in that household should have known CPR. Driving recklessly and having an accident will not help an asthma patient. Actually CPR may not be the answer.

    Can you give cpr to a person who is having as asthma attack. Can it help?

    CPR, Cardiopulmonary resuscitation meaning your heart is stopped asthma is an issue with breathing. So unless you want to break some ribs what you would be doing would be counterproductive

    http://answers.yahoo.com/question/index?qid=20100901111314AAJEuep

    If someone has an asthma attack and collapses, what should a person do? Will CPR help?

    If someone collapses from an asthma attack, it is because he or she is not getting enough oxygen. This is because all the lung's small airways have narrowed and are not allowing enough air to reach the air sacs. Mouth to mouth respiration may help a little. The real need is to get this person to an emergency department so that the patient can receive medications and emergency endotracheal intubation (a tube in the main airway).

    http://depts.washington.edu/learncpr/askdoctor.html#If%20someone%20has

  • Anijake

    And if the cop did do CPR they would claim it was not done correct and sue anyway.

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