FDNY - Law Suit Filed for 500-lb man who was dropped

[WAS967 97]

From The New York Sun

Fire Department Sued for Dropping 500-Pound Man Down Stairs

By Special to the Sun

February 12, 2008

A 500-pound man who dropped down a flight of stairs during an emergency evacuation is suing the New York City Fire Department for $5 million in damages.

James Maietta called emergency services on November 23, 2006, with health complaints, and requested to be taken to the hospital, a member of the law firm representing Mr. Maietta, Kenneth Berman, said.

Ten firemen rigged a pulley-operated plywood lift to carry Mr. Maietta down the staircase of his Midtown apartment, but failed to tie him down, Mr. Berman said.

Mr. Maietta, who is now living at a Yonkers nursing home, suffered injuries to his neck, back, and legs, Mr. Berman said.

The New York City Law Department could not comment last night because they had not yet received the legal documents.

I sincerely doubt the FD failed to tie him down. If anything I'd say the guy's weight played a factor (you think?) and the straps broke. What recourse do the rescuers have when we get hurt because we have to lift some fat guy out of his house? Probably none. Yay.

[efd184 59]

with all that money he can buy NUTRASYSTEM!

Its not the members of the FDNY's fault that hes to big to carry!

ANY THING FOR MONEY!!!!!!!!!

[Jared1979 19]

A fast way to get money he should consider going on a diet for once in his life

[E106MKFD 56]

Just wondering but are many departments around here equiped with these kinds of rescues? Do they have the right tools and resources?

[Guest]

They ALWAYS live on the top flrs and NEVER on the bottom flr!

[M' Ave 1,466]

Nope, the 5th floor and down is alway hard working, church going individuals.......slender too......

[gss131 212]

i wonder how many guys ended up with back problems after trying to move this guy.

[SageVigiles 1,194]

He engaged in reckless behavior by allowing himself to get that fat... he should be liable himself. Next time call Stiloski's instead of the Fire Department when you need to do HEAVY RECOVERY... haha. What a jerk.

Edited February 13, 2008 by SageVigiles

[BFD1054 1,552]

efd, totally agreed brother! It is amazing what people will do for a buck!

Reminds me of a woman we had living in our district...she was 715lbs.! Yes 7-1-5 pounds, no type-o! We went on at least (3) occasions to this womans house and yes, she lived on the 2nd floor, in a walk-up of course.

They were all on medical calls, but the FD had to be dispatched for obvious reasons. We had to do what FDNY did with this guy, set up a rope system to get her down the stairs. County Car-2 was on location with his POV to give us a hand with all the rope rigging. When we were ready to hoist her down the stairs, we had to shut down Albany Post Rd. (where her house was), so that members on the rope could go out into the street. I remember a young, new Trooper stopping by and asking if he could help, not knowing what was going on. I said "sure" and he grabbed the line with us. He gave the "oh my god" when she appeared at the door. Doubt that Trooper stops to often to help the FD anymore lol.

All kidding aside, at least (2) members were injured, one with a severly sprained ankle from the patient coming down on his foot.

[FFLieu 70]

While he's at it, why doesn't he sue McDonalds and Burger King for making him fat?

[lad12derff 283]

Thats $10,000 per pound. Kobe beef isn't even that much?

[Guest FFNick]

Those carry downs are losers for the FD for sure - I'm surprised it doesn't happen more often. I think that if Dept's tracked their injuries, they'd find that their injury rate per fatso carry down is pretty high, and would take a serious look at how they are done.

[FirNaTine 370]

People of that size shouldn't even be allowed to live above the 1st fl. seriously. I hope a judge doesn't even entertain this suit. Maybe his reward should be having to watch Richard Simmons dance around in his little pink panties.

[x635 4,066]

Regardless of this patients history, we have to deal with patients like this.

The way to properly handle patients like this is to have a bariatric response and treatment plan in place. I believe UMDNJ-Newark's Heavy Rescue specializes and carries equipment to make moving bariatric patients easier. They have it down to a science.

Many agencies are starting to wake up, and provide bariatric care.

If he truly suffered injuries because the FD was proven to not have handled him correctly, then that is poor patient care. I don't know about FDNY, but in many systems that don't have bariatric training or equipment, patients are handled very roughly.

It's not fair to make fun of a patient because of his situation. We have to deal with everything, no matter what. As far as the comments about guys with back injuries, it's no different then getting hurt at a fire scene. Some idiot most likely caused the fire, but how often to we blame them for the injuries suffered at a fire scene?

ANOTHER MAJOR ISSUE: EMS Providers in general, aren't the greatest shape.

[PFD165 1]

Wonder what his lawyer would say to a couple lawsuits for personal injury by the FDNY personnel that were "required" to move the patient?

[Guest FFNick]

It's not fair to make fun of a patient because of his situation. We have to deal with everything, no matter what. As far as the comments about guys with back injuries, it's no different then getting hurt at a fire scene. Some idiot most likely caused the fire, but how often to we blame them for the injuries suffered at a fire scene?

ANOTHER MAJOR ISSUE: EMS Providers in general, aren't the greatest shape.

So then is it a breakdown in training? Has our own agency failed to properly protect us and the patient while doing these carry downs?

With the way society thinks today, I'm surprised that we do not get sued everytime a house burns down. I'm sure the members on the scene of the above incident did the best they could, and the patient got hurt. The answer - sue the agency. It's not my fault I'm over weight, they should be able to carry me down.

Really no difference then from going to a fire, doing the best we could, and the place still burns down. They should sue then, right?

[E-38VMFD 0]

Aren't these guys covered by the good samaritan laws?

[Guest]

Aren't these guys covered by the good samaritan laws?

I believe FDNY is being sued, not the individual members.

[HFD23 37]

Good Samaritan laws are meant to protect those who come to the aid of others for no other reason than kindness. Good Samaritan laws only help if the rescuer (or would-be rescuer) is acting without any expectation of reward. In other words, if you are getting paid to rescue then you aren't a good Samaritan. Paid rescuers are expected to do their jobs correctly and can be held accountable for mistakes.

don't act outside your area of training..... if your not trained to start iv's or something like that don.t etc

note there is also The "Good Samaritan Volunteer Firefighters' Assistance Act" that took effect on May 15, 2003. you may want to look into the specifics of that. but obviously that would not aplly to FDNY

Edited February 13, 2008 by HFD23

[jack10562 414]

When someone is in THAT kind of situation, they should be made to sign some sort of a hold-harmless release form, prior to being moved.

[Guest FFNick]

When someone is in THAT kind of situation, they should be made to sign some sort of a hold-harmless release form, prior to being moved.

Not a bad idea.

[Guest]

Couple of thoughts. It's the ole 333 call. 300#, 3 AM, on the 3rd floor. If I have something out of my scope, I'll be the first to call another company that is trained and equipped to handle the situation. I could ramble about the old days when the ambulance crew (2 guys) did everything, but............I won't.

[Guest]

When someone is in THAT kind of situation, they should be made to sign some sort of a hold-harmless release form, prior to being moved.

The only problem is that you will have some $hithead lawyer say that the release is worthless because it was signed under duress. In other words, the patient only signed it because they required immediate medical attention and they felt that if they didn't sign the release, they wouldn't recieve care. I know folks, it sounds goofy, but I've seen similar cases where it has happened. Releases and contracts are worth about as much as the paper that they are written on if you get the right lawyer.

Joke:

What do you call a 1,000 lawyers at the bottom of the ocean? A damn good start!

Why won't a shark eat a lawyer? Professional courtesy.

Thank you, thank you. I'll be here all week.

Edited February 14, 2008 by PC Comms

[RWC130 594]

$5 Million?

That is a lot of BIC MACS!

[NYMedic37 22]

In my experience, when you get an obese patient that can lie supine, try using the Reeves streacher. You place him in it supine, attach 2 ropes to the handles at the head and have 2 guys at the 2 handles at the foot and glide him down the stairs instead of trying to lift him. It works really good because he isn't being lifted but gliding (sliding) slowly and controlled by the ropes and 2 guys at the foot end. It will save your backs and the patient can't fall because he's already lying down on the stairs.

The new Stryker stair chairs with the tracks are also very helpful ... again, gliding, not lifting. Save your backs and reduce the possibility of lawsuits.

[E-38VMFD 0]

Joke:

What do you call a 1,000 lawyers at the bottom of the ocean? A damn good start!

Why won't a shark eat a lawyer? Professional courtesy.

Thank you, thank you. I'll be here all week.

What do you call a lawyer up to his neck in sand?> not enough sand

[NYMedic37 22]

Joke:

What do you call a 1,000 lawyers at the bottom of the ocean? A damn good start!

Why won't a shark eat a lawyer? Professional courtesy.

Thank you, thank you. I'll be here all week.

What do you call a lawyer up to his neck in sand?> not enough sand

You'r not making me laugh.....WORK ON IT! Don't give up your day job.

[Future Fireman 4]

Let's see, $5 million lawsuit, approx. 5 bucks for a Big Mac, that's 1 million of them. Now, a Big Mac meal has 1240 Calories (burger, med. Fries, Lg. Coca-Cola). That's ALOT of calories! Although a Big Mac by itself has 540 calories.

Mike

[LTNRFD 266]

No where has it been mentioned on how these people get transported to the hospital. The stretchers can not handle those kinds of weights. Its fine to rig ropes and all types of systems to remove the obese pt. from the building, now what.

I had a similar situation where the pt. was 450+ lbs. and was in a wheel chair. He lived on the ground floor of an apartment building. Easy so far. He had a ramp out the door. Still easy. When we got him outside there was no way he would fit on the stretcher, nor would the stretcher hold him and no way would he fit into a van ambulance. We had P.D. look for a moving van with a ramp. Could not find a moving van when you need one.

No moving van, Plan "B". Being that he was 3 blocks from the hospital we pushed him to the hospital in his wheel chair.

Lucky the weather was good and he was close to the hospital. What "if", weather bad or not close, then what.

We have all seen the extended operations to get someone out of a building and to the hospital on a pre-arranged basis, but if its an emergency, "what will you do".

Just something to think about.

[shac 7313 0]

efd, totally agreed brother! It is amazing what people will do for a buck!

Reminds me of a woman we had living in our district...she was 715lbs.! Yes 7-1-5 pounds, no type-o! We went on at least (3) occasions to this womans house and yes, she lived on the 2nd floor, in a walk-up of course.

They were all on medical calls, but the FD had to be dispatched for obvious reasons. We had to do what FDNY did with this guy, set up a rope system to get her down the stairs. County Car-2 was on location with his POV to give us a hand with all the rope rigging. When we were ready to hoist her down the stairs, we had to shut down Albany Post Rd. (where her house was), so that members on the rope could go out into the street. I remember a young, new Trooper stopping by and asking if he could help, not knowing what was going on. I said "sure" and he grabbed the line with us. He gave the "oh my god" when she appeared at the door. Doubt that Trooper stops to often to help the FD anymore lol.

All kidding aside, at least (2) members were injured, one with a severly sprained ankle from the patient coming down on his foot.

shac 7313 we had a lady who was aleast 450 lbs 3fl walk up