By Tyler White
Peace Ifeacho (“Ifeacho”), the mother of a 15-year-old sophomore basketball player at Paul Laurence Dunbar High School in Lexington, KY who collapsed and died during an open gym session on April 26, 2017, filed a wrongful death suit in Fayette Circuit Court in December. The Complaint alleges the death of Ifeacho’s son, Star, was preventable, and was proximately caused as a result of general, gross, reckless and negligent behavior by the defendants in delaying emergency medical care consistent with their ministerial duties and established protocols. Specifically, Ifeacho alleges the school’s Automatic External Defibrillators (AED) were not readily accessible within the optimal response time and that there was delay in contacting emergency personnel. Ifeacho filed suit on behalf of her son’s estate and in her individual capacity. She names Paul Laurence Dunbar High School’s athletic trainers, basketball coaches, athletic director and principal, as well as the superintendent of Fayette County Public Schools as defendants.
Background and Allegations: The Complaint alleges that Star Ifeacho was practicing with the team on April 26 when, at some point, he complained to assistant coach Chris Armstrong of being “light headed, having trouble breathing, and that his heart was racing.” He then called his mother at approximately 4:19 pm asking for a ride home. It is alleged video surveillance shows Star playing 2-on-2 with three of his teammates at 4:24 p.m. and shortly thereafter walking toward the training room where he complained of the same symptoms to Cody Begley, an athletic trainer. While seeking medical attention in the training room, Star reportedly collapsed around 4:28 pm. It is alleged the first call to Lexington Division of Fire and EMS was received at 4:33 p.m. and that EMS personnel was on scene 10 minutes later. Ifeacho asserts the EMS report establishes “there was a 5-minute delay from the time of collapse to the time 911 was called and estimated 8-to-10 minutes had elapsed from the time of collapse until the time of their arrival.” It is alleged that according to the AED Event Log, the first charge was administered to Star at 4:42 p.m. resulting in a “14-minute delay in the administration of the AED.” Star was taken to the University of Kentucky Medical Center by EMS and was pronounced dead at 5:47 pm.
Delay in AED Administration and AED Regulations: Ifeacho alleges that if the AED was administered without delay, this device could have prevented her son’s death. She contends that, “the AEDs were to be placed in the schools based on an optimal response time of three minutes or less.” The ministerial protocols and procedures of the Fayette County Public Schools, including oversight by a physician licensed in Kentucky as required by statute KRS 311.667, establish this optimal response time. This timeframe commences the moment a victim is identified as needing emergency care. Ifeacho alleges in her suit that “Survival rates decrease by 7%-10% for every minute defibrillation is delayed.” The Kentucky High School Athletic Association (KHSAA) also requires coaches of all sports (including assistants), to complete a CPR course which includes the use of AEDs. Ifeacho alleges that Paul Laurence Dunbar High School had two AEDs on campus; one stationed across from the main office, and the other in the athletic training room near the back corner of the gym. However, she contends that an AED was not present in the training room on the day of her son’s death as a result of it having been removed to the school’s baseball field by an athletic trainer, Gabrielle Sombelon.
The Medical Review Panels Act (Has Since Been Struck Down After Complaint Was Filed): Ifeacho also seeks declaratory judgment, and a “proposed complaint” was filed with the Cabinet for Health and Family Services Review Panel Branch, against the two named athletic trainers. The essence of this claim is Ifeacho’s assertion that the Kentucky Medical Review Panels Act (MRP) mandates that “malpractice related claims against a healthcare provider” shall be reviewed by a medical review panel. The MRP allows medical review panels to assess and screen “frivolous malpractice claims” before they go to trial. Ifeacho alleges the MRP Act is unconstitutional on numerous grounds including that it violates equal protection of the law, open court provisions, and the right to a trial by jury. Since the suit was filed in December, a Kentucky judge has adjudicated that the MRP Act is unconstitutional on the grounds it impermissibly denies individuals the right to a jury trial.
Legal Issues: Ifeacho must establish that the defendants failed to undertake reasonable measures to ensure that established procedures and protocols were complied with in attending to her son and that such failure was a proximate cause of his death. A news release was issued by the Fayette schools Superintendent that, “The athletic trainer immediately provided emergency care, including CPR and use of the AED (Automatic External Defibrillator) while 911 was called. When paramedics arrived, they took over his care and transported him to the hospital.” The autopsy of Star revealed that he died from cardiomyopathy of an unknown cause. Cardiomyopathy is an abnormality of the heart muscle, a condition that the autopsy report notes may have been inherited by the decedent. The issues to be litigated in this case are whether the Fayette County Public Schools properly trained and supervised its employees, including the coaches and athletic trainers, to ensure compliance with established procedures and protocols, including the location and use of the AEDs and contact of emergency personnel. Ifeacho is seeking compensatory and punitive damages for the wrongful death of her son as well as for her loss of consortium.
