Marissa Freeman, who was catastrophically injured after suffering heat stroke during an outdoor class at California State University San Bernardino, received $39,500,000 in a settlement.
It was reportedly the largest settlement ever for an injury case involving the California State University system.
On September 26, 2018, Freeman was participating in a jogging class at CSU San Bernardino, along with other students with varying jogging experience, from novice to expert.
The students were required to complete activity classes, similar to the jogging class, to graduate. On the first day of exercise, the CSU instructor assigned a run on a 5K course on the concrete and asphalt surrounding campus, even though temperatures were at a dangerous 95 degrees and students were not yet acclimated to working out in these conditions.
“This presented an extreme risk of heat illnesses, including heat stroke,” according to Panish Shea & Boyle LLP, the law firm representing the plaintiff. “Near the end of the run and while the instructor was at another location, Freeman collapsed on the hot concrete outside of Coussoulis Arena with severe heat stroke. University personnel, including an athletic trainer, responded but did not provide any recommended rapid whole-body cooling to treat her heat stroke or move Freeman to the air-conditioned arena 20 feet away as they were waiting for paramedics to arrive. Evidence established that neither the instructor nor the other CSUSB employees had received required CAL-OSHA training in heat illness prevention and treatment before the incident.”
As a result of the heat stroke, Freeman suffered a severe brain injury, cardiac arrest, and multi-system organ failure, she underwent months of hospitalization and more than one year of in-patient rehabilitation before she could be released home to her family. Freeman’s cognitive function, speech, and motor control remain severely impaired, and she will require 24/7 care, therapy, and medical attention, according to the firm.
“During the lawsuit, CSU denied responsibility and contended that Freeman negligently overexerted herself in the class,” claimed the firm. “CSU also sued Freeman’s medical providers, including the fire department, ambulance, hospital emergency room, and skilled nursing facility, claiming that they negligently caused her injuries in the process of attempting to save Freeman’s life and provide care.”
On October 26, 2020, pretrial hearings commenced in a makeshift courtroom created for trial proceedings during COVID-19 in the San Bernardino Historic Courthouse. Over three weeks, 105 pretrial motions were heard and decided. After extensive argument and submission of expert testimony by CSU, their claims that Freeman’s medical providers and first responders were negligent and caused her injuries were dismissed due to lack of evidence.
As the trial, settlement negotiations between CSU and the Freeman family began I earnest, leading to the resolution.
In addition to the monetary settlement and as a condition of the agreement with the Freeman family, California State University agreed to develop and implement a system-wide policy for heat illness prevention, education, and protocols with input from Dr. Douglas Casa, the head of the Korey Stringer Institute, a heat illness research and advocacy organization. This policy will apply in all academic environments to the nearly 500,000 enrolled students at all 23 California State University campuses.
Andrew Jones, executive vice chancellor and general counsel for California State University, issued the following statement to the media.
“We are relieved to come to a resolution that will enable Ms. Freeman to receive the care she needs for the rest of her life,” he said. “The university will continue to take steps to heighten the awareness of our faculty, staff and students to the potential for heat-related injuries and how to mitigate against them.”
