Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
A wrongful death suit brought against a Pennsylvania fire department and several EMS providers has been settled for $950,000. Tamika Jones died in 2021 after experiencing severe difficulty breathing, and being advised not to go to the hospital over COVID-related concerns.
A court approved settlement order explained that Jones’ family called 9-11 on her behalf, but responding EMS personnel failed to failed to properly assess her, failed to obtain a refusal to treat or transport her, and told Jones:
- I can take you to the hospital, but they will just bring you back home.
- I’d stay here.
- They are really wanting people to stay home.
- Your best chance is to stay here.
Her condition worsened the following day, the family called 911 again, and she was transported to the hospital, but later died.
The family sued the Aston Township Fire Department, Aston Township, Delaware County, Prospect Crozer, LLC and/or Prospect CCMC, LLC. Crozer/Prospect and several employees. The lawsuit alleged a variety of civil rights, discrimination and tort claims. Here is more on the original complaint. The issues were narrowed to wrongful death, violation of the ADA, violation of the Rehabilitation Act, and intentional infliction of emotional distress.
The settlement was approved yesterday by the US District Court for the Eastern District of Pennsylvania. The court considered the fairness of the settlement, concluding that $950,000 was reasonable under the circumstances. The court further approved of attorney’s fees of $303,504.96 and costs of $30,288.
Here is a copy of the court ruling:
