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Thursday, May 21, 2009
Family sues City of Murphy over toddler’s death
The family's suit charges that city employees recklessly delaying life saving measures that might have prevented the child's death.
It's been 17 months since the tragic death of 2-year-old Matthew Cantrell. The Murphy toddler became entangled in a back yard soccer net and was strangled.
There has been much controversy concerning the City's emergency response to Matthew's mother's 9-1-1 call. The city has issued two somewhat contradictory reports on the incident - both exonerated city staff.
Neither report has satisfied critics (this author included).
Yesterday the aftermath of the death of young Matthew took a new direction. Matthew's parents filed a federal law suit against the city, the 9-1-1 dispatcher and the ambulance provider.
The family's suit charges that the City police, 9-1-1 operator and ambulance crew violated the constitutional rights of the Cantrells by recklessly delaying life saving measures that might have prevented the child's death. The suit seeks unspecified punitive and actual damages.
The family also engaged a public relations firm to handle publicity. The Collin County Observer received the following press release from the Dallas PR firm of Allyn Partners:
A Parent’s Worst Nightmare: Why Didn’t Murphy First Responders Try to Save 21 Month Old Matthew Cantrell?
Father says son’s life could have been saved if only police would have tried; 911 operators wasted critical minutes; officers failed to administer CPR and incorrectly pronounced Matthew Cantrell dead, blocked paramedics from assessing the child.
Murphy, TX, May 20, 2009 – The City of Murphy and the East Texas Medical Center are named as defendants in a federal lawsuit filed yesterday in the U.S. District Court for the Eastern District of Texas because of their complete failure to try to save a 21 month old boy, says the victim’s father, Michael Cantrell.
According to Matthew’s father, city officials, 911 operators and first responders behaved in a way that would horrify Murphy residents.
In October 2007, Cantrell’s 21 month old son, Matthew, accidentally strangled himself in a backyard soccer net. The 911 operator would not instruct Matthew’s mother, Ave Cantrell, how to administer CPR, despite her eight different pleas for help and requests for CPR instructions that can be heard on the call. Ave's call was then transferred to a medic at East Texas Medical Center, who also refused to give her CPR instructions or any other help with her son. Then, either the 911 operator or the ETMC medic simply hung up the phone on her upon the arrival of first responders.
First responders on the scene, Officer Kevin McGee? and Officer Clayton Dacey, forcibly removed Mrs. Cantrell as she was attempting to save her son. Officer Dacey imprisoned Mrs. Cantrell in the master bedroom with his hand on his pistol. Officer McGee? tried to prevent paramedics from entering the house, stating to the paramedics that Matthew was dead and this was a crime scene. The police officers were wrong; Matthew was still alive and additional precious minutes were wasted. Matthew Cantrell died three days later in the hospital.
“My son Matthew should be alive today, and would have celebrated his third birthday in January. But he’s not. When you call 911, you think they’re going to help. But here, no one tried to help – not the 911 operator, not the Murphy police officers who were first on the scene. Not one of them tried to save my boy’s life . . . that’s what first responders are supposed to do – administer CPR,” said Matthew’s father, Michael Cantrell. “No parent should ever have to bury a child. It goes against nature and is beyond devastating. It happened to us because they didn’t try to save him. We can’t let this happen to anyone else.”
The complaint names as defendants: City of Murphy and East Texas Medical Center and the following city officials and agents in their individual capacities – Police Chief William Myrick, Officer Kevin McGee, Officer Clayton Dacey, Lieutenant Adana Barber and ten John Doe individuals.
A Troubled Police Department. Officer Kevin McGee, a defendant named in this lawsuit, was sued in 2008 for using excessive force against a minor. Officer Kevin McGee and Lieutenant Adana Barber were also involved in the controversial 2006 “To Catch a Predator” sex sting operation. Lieutenant Barber was the subject of a 2007 Esquire article on the suicide of a sex sting suspect, former Collin County District Attorney Bill Conradt.
Protecting Children. Mr. Cantrell’s lawsuit names only the parties who acted negligently in response to Matthew’s tragic accident. After Matthew’s death, due in part to the Cantrell’s efforts, the U.S. Consumer Product Safety Commission recalled the 5‐inch by 5‐inch soccer net Matthew became tangled in.
Mr. Cantrell also commended the staff of Medical City Children’s Hospital:
“I’d like to thank the professional and compassionate staff from Medical City Children’s Hospital of Dallas. From the nurses to the neurologists, everybody at Medical City Children’s Hospital acted quickly and resourcefully to try to save Matthew’s life. They did everything they could to help my son… a stark contrast to the series of events that transpired previously.”
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Scott Doyle, verified:
Wow. News to me.
While I don't blame the parents for wanting to hold anyone and everyone accountable, hopefully being named as "John Doe" means plaintiffs are holding the policymakers accountable rather than dispatchers following procedure. I imagine it's in place to prevent panicked people from doing more harm than good in their attempt at administering CPR.
To think the policy is in place to mitigate liability...and now they're getting sued for inaction, very interesting. Still, not sure how well you can remotely instruct someone how to properly perform CPR.
Complaint seems to be entirely passing the buck in discussion of the initial 911 call, though. What's the explanation on how a 21 month old got tangled to the point of asphyxiation in the first place with a parent at home? Maybe that's addressed at some point and I missed it?
Cops who were first responders, however, christ. Not a pretty picture. Would be interesting to hear their account of what happened.
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Travis Bush, verified:
Looks like everyone dropped the ball..the parents first and foremost.
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allaboutgq, anonymous:
SOMEONE PLEASE ANSWER ME THIS! Why is the city not bringing charges against the mother for neglegence? According to Fox News she "dosed off" the todler wandered into the backyard where the accident occured. Ultimatly, the fault of and responsibility of the childs death belongs, not with the 911 operator, not with the police, not with the EMT's or the Toy Company, but ultimatly with the mother who should have been looking after her child.
I agree with Travis comment, this is the Parents fault and if anyone is gettign sues it should be her!!
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Jason Rice, verified:
Grief does terrible things, even to good people.
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tashunka47, anonymous:
This all started as a terrible ACCIDENT! Anyone that hasn't lost site of their child for a few moments is definately in the minority. When a terrible accident occurs, our tax dollars are supposed to protect us with qualified professionals. A policeman that stops the mother from giving cpr and then doesn't give cpr himself? What does that say about him? The child lived 3 more days and every second counted while the 911, cops and emts were screwing around! These same cops have been involved in 2 other lawsuits. Time to clean house. If civilians had done what the cops did, they'd be in jail!
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jtmbls, anonymous:
Just suppose that the 911 operator had instructed the mother on how to do CPR on a small child. Mother follows instructions but pushes too hard, maybe breaks a few ribs, could she have done immediate and terminal damage by doing it wrong?
The lawsuit would look entirely different then, one assumes.
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sbt1807, anonymous:
City of Murphy responders appear to me to have been negligent. My heart goes out to these parents. I pray they are successful in their suit, in hopes that others do not have to suffer the consequences of City of Murphys incompentence.
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pherman7, anonymous:
These parents are right , homeland security should step in ..... this is a disappointment to all of americans ... It only take 1 grand mistake to open the eyes of millions of people. This town of Murphy could do the right thing and set a standard for 911 intake call controllers . 911 is our main source to get help!!!!!!!!! I think the town of murphy should accept thier part in this suit and set a standard...... Our government and civil servants are to be expected to be held at a high standard! ACT LIKE IT!!!!
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dawnalford, anonymous:
The 911 operator can't 'teach' someone to administer CPR on the phone. As a mother, I have to wonder why a child only 21 months old was unattended outside. Also, did it never occur to Mrs. Cantrell to be knowledgable about CPR with small children in the house. I heard the call. She was hysterical. There wasn't anything the Operator could've offered her to help in this situation. Dispatching medics/rescue was all that could have been done to help.
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twtbulkmail, anonymous:
I just heard the audio tape of the 911 call. The mother should be charged with criminally negligent homicide. She said, "I could do CPR or something" yet she did not take prior steps to obtain life-saving skills. You cannot teach someone how to perform rescue procedures while they are in a panic. They will most likely kill the victim instead. Her willingness at that point to do it indicates that she knew it was necessary. Her failure to learn how to save her own child is lackadaisical. Parents have a responsibility to provide for their children.
I'm very sorry for this loss, but the parent(s) are the ones to blame for this child's death.
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azztlana, anonymous:
Here we all go....trying 2 point fingers as to who to blame and who not 2 blame..but the bottom line is that you HAVE 2 be in this woman's shoes to know what it truly feels like 2 know you are losing your child due 2 (must i insert here what most of you SO desperately point out!) NEGLIGENCE in her part for not attending to her child and dosing off. Yeah, it IS in fact negligence, but say if this WASN'T the case and maybe you are trying to save a family member's life for WHATEVER the reason may be that they're life is in danger and requires immediate first aid. You call 911 and would like instructions about performing first aid on your friend of relative, but...come 2 find out! The person on the other end of the line has NO EXPERIENCE or therefore KNOWLEDGE whatsoever on how to perform or therefore INSTRUCT you on what 2 do. The first person 2 RESPOND 2 your emergency and who has no freaking clue what CPR even stands for! Think about it for a second and just shift the situation. This is just one case and a case (must i emphasize) that could help the people on the other end of the line learn something, other than sit around and yell at you, scold you, and be rude at you when you so desperately are in need of a little sympathy! Honestly! How many times have any of you had an emergency and when you call, the operators are PRICKS!! Instead of alleviating the situation..they make it WORSE! I mean...i just heard other 911 calls similar 2 this 1 where a freaking operator dosed off and started snoring while the lady asked so desperately for help. And another one where a child called cause his mother was suffering a seizure and the operator begins scolding him for playing with the phone and demands he puts his mom on the line before he gets in trouble with the cops!!!! This is absolutely ludicrous!!! Seriously people...THINK ABOUT IT! Do you want 2 keep paying your tax dollars to inept people who get paid more than you do and have no clue what the hell they're doing!? I know i don't! But yeah, let's blame the mom 2 huh? For trying to at least ask the 911 operator what she can do to perform CPR and bring her child back. Yeah, she'll have 2 live with the death of her child now for the rest of her life. But do you want to keep depending on people who don't know what they're doing 2 be the 1st 2 answer your emergency calls? Hell! I know I DON'T!
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What do you think?