Family Files Wrongful Death Suit Over Asthma Death

Briana Ojeda

The family of Briana Ojeda, the 11-year-old girl who died of an asthma attack over the summer, filed a wrongful death suit yesterday against the NYPD and the officer who they claim refused to help their daughter. Her mother, Carmen, claims officer Alfonso Mendez stopped her while she was rushing to the hospital (she was going the wrong way down a one-way street), and then "smirked" as he told her he didn't know CPR. She says the delay cost her daughter her life.

The family is seeking $17 million in damages from the city and the NYPD; their lawyer told CBS, “[We’re suing them] for letting this child die and not making any effort for give her CPR, and to punish the police commissioner for not stepping up to the plate and immediately changing police protocol and procedure." Currently, NYPD officers are trained in CPR in police academy, but the Ojedas and Assemblyman Felix Ortiz are attempting to create "Briana's Law," which would require officers to get re-certified for CPR every year, and make it a crime for an officer to refuse help in a health emergency.

Ortiz told NY1, "If the police department is training their police offers to fire their guns twice or three times a year, I do not can see that couldn't be doable that this legislation can be helpful and benefit the police department." Officer Mendez was suspended for thirty days without pay after the incident for "failing to take proper police action."

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By Jaya Saxena in News on November 1, 2010 2:35 PM

Comments [rss]

greyp

One of the hardest and most emotional things we have ever done as a family is file a wrongful death suit in Wake County.

sj

Setting everything else aside, CPR is for people who are not breathing as a result of cardiac arrest. CPR is not the proper treatment for someone having an asthma attack.

So suing the guy for not doing CPR is kinda stupid when CPR is not what the guy should have been doing.

Stewart

+1

just saying

"Officer Mendez was suspended for thirty days without pay after the incident for 'failing to take proper police action.'"

This is somewhat miseading. You should point out that "failing to take proper police action" refers to the fact that Mendez didn't file a police report for the incident, as required, and not because he didn't provide medical aid.

And for the 500th time, CPR will not help you in a severe asthma attack. If you are the parent of a very asthmatic child, don't be ignorant. Be sure you understand the doctor's instructions and do what he tells you to do. Carefully read the information that the doctor gives you and don't hesitate to ask questions when you don't understand. But don't rely on questionable advice from clueless relatives and other people and, most of all, don't take foolidh chances with your child's life.

hsilman

Well as long as the judge/jury take the mother's reckless behavior into consideration in assigning culpability, this seems like a good example of his civil cases are supposed to work.

Katie

Where does this end though. I am certified in CPR so would they make a law forcing me to help someone? (I probably would anyway but still not the point). Also it is actually a law that NO ONE has to perform CPR unless you have a protective mask.

Also this is a he said she said situation, so who really knows what happened.