A suburb of Detroit will fork over millions to a family after paramedics mistakenly pronounced a woman dead — only for her to be found alive when her body bag was opened at a funeral home.
A Michigan city will pay millions to a family after paramedics mistakenly declared a woman dead—only for her to be found alive when her body bag was opened at a funeral home. Southfield, a suburb of Detroit, agreed to a $3.25 million settlement in a gross negligence lawsuit, according to the Associated Press.
The woman, who had cerebral palsy and was primarily cared for by her mother, was found unresponsive on August 23, 2020. Four EMTs responded, attempted CPR and ventilation, determined the efforts were unsuccessful, and pronounced her dead. She was transported to a funeral home, where an embalmer discovered she was still alive. She was then taken to a nearby hospital and placed on a ventilator, living for six more weeks before dying from a brain injury.
“We recognize that no resolution can undo the profound tragedy that occurred on August 23, 2020, or ease the pain experienced by the family,” Southfield said in a statement. “This case involved extraordinarily difficult circumstances that arose in the complex world of a global pandemic.” Family members said the settlement offers a measure of justice.
An attorney for the family said the woman “was put in a situation she never should have been in.” The lawsuit alleged gross negligence and violation of constitutional rights by the city and the emergency medical workers. The case had gone through several courts, including the U.S. Court of Appeals for the 6th Circuit, which ruled in 2023 that the EMTs were entitled to qualified immunity from constitutional claims. However, a Michigan appeals court unanimously revived the suit in July 2024.
A three-judge panel of the Michigan Court of Appeals later found that the trial court had been premature in dismissing the case before discovery had taken place.
The central issue is whether the EMTs’ actions were the proximate cause of the woman’s injuries. The estate argued that if she had not been erroneously declared dead, her family could have sought additional medical care and avoided transporting her in a body bag.
The appeals court upheld the dismissal of claims against two police officers at the scene, noting that they were not responsible for her medical care, which was handled by the four EMTs.
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