Background: The Phoenix Fire Dept. in Phoenix, Arizona (KPNX). Inset: Abraham James Clugston (Dignity Memorial).
The family of an Arizona boy who passed away after emergency responders declined to transport him to the hospital following a seizure—informing the child’s mother that she was “overreacting”—will receive a $2 million settlement from the city of Phoenix.
On Wednesday, city officials voted to settle with the family of Abraham Clugston. The child died in April 2022 following his mother’s early-morning 911 call after he suffered a seizure. Despite a fire crew arriving at the residence within 10 minutes, the wrongful-death lawsuit claims the crew dismissed the mother’s pleas to take her son to a hospital.
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“They called out, relying on Phoenix EMS for advice, who said he didn’t need to be taken to the hospital and that he was fine,” attorney Breann Slack shared with local NBC affiliate KPNX. According to the lawsuit, those first responders told the mother she was “overreacting,” insisting seizures were common, and advised giving Abraham over-the-counter medications like Tylenol and ibuprofen.
They reportedly left after 10 minutes.
Five hours later, Abraham was found unresponsive, the lawsuit said, according to KPNX. A second call to 911 was made, and this time Abraham was taken to the hospital — but he did not survive.
The lawsuit says the responders to the first 911 call failed to properly assess Abraham by not taking his vitals and temperature.
“[Firefighters] make mistakes, but as the parent, as in this case, my client, knows their child better than the city of Phoenix and it was, unfortunately, proven that day,” Slack said.
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“The City of Phoenix extends its deepest condolences,” a spokesperson said in a statement, according to KPNX. “Following this incident, as with any incident, an internal review was conducted and steps have been taken to improve training and procedures. The City remains dedicated to protecting the health and safety of every member of our community.”
Lawyers for Abraham’s family acknowledged that the settlement “is not going to bring Abraham back, but the family have been very vocal about wanting to pursue some kind of reform.”
“From the very beginning, Abraham’s parents knew that the city of Phoenix did wrong by their son Abraham, whether it was poor decision making that day or it was a flaw in the procedure that needed to be exposed and addressed,” Slack, the family’s attorney, said. “Abraham’s death could have and should have been prevented and while there’s nothing that can be undone, their hopes are that in addition to the laws that have already been changed since Abraham passed away … that Abraham’s Legacy will be to SAVE more lives, moving forward so that any child who has a seizure for the first time in their life won’t be at the mercy of a 911 operator or the general consensus of the first responder team, but rather will be immediately transferred to the emergency room, where they’ll receive the best and most qualified opportunity to live.”
