Trial Set for Wrongful Death Lawsuit Against KCFD1: Key Developments in the Case

Klamath County, Oregon | May 23, 2024

Wrongful Death Lawsuit Against Klamath County Fire District 1 to Proceed to Trial

A federal judge has ruled that a civil lawsuit filed against Klamath County Fire District 1 (KCFD1) in connection with the 2020 death of Teresa Vaughn may proceed to trial. Vaughn's family alleges that two paramedics employed by the district failed to provide necessary emergency care while she was experiencing severe respiratory distress due to COVID-19.

Incident Details: Paramedics Allegedly Refuse to Provide Medical Aid

The incident occurred on December 26, 2020, when Vaughn began having difficulty breathing. According to the family's attorney, Kirk Mylander, EMTs Cody Engler and Alex Dustin responded to the 911 call, but failed to take vital signs, assess Vaughn’s condition, or even bring medical equipment into her apartment.

“They didn’t even bring their medical instruments into the apartment, and that is not disputed,” Mylander told local media. Instead, Engler allegedly asked Vaughn’s partner, Vivian Kimbol, to drive her to the hospital. Confused and frustrated, Kimbol complied.

“I wouldn’t have even called [the paramedics] if I was going to take her to the hospital,” said Kimbol. “I thought she needed an ambulance to get to the hospital.”

Unfortunately, during the drive to the hospital, Vaughn suffered a cardiac event. Although emergency room doctors were able to briefly revive her heart, they could not sustain her pulse due to extensive brain damage.

Legal Claims: Wrongful Death, Gross Negligence, and Civil Rights Violations

The lawsuit, brought by Vaughn’s family, alleges multiple claims including wrongful death, gross negligence, and a violation of Vaughn’s 14th Amendment rights. While some elements of the complaint were dismissed by Federal Judge Mark D. Clarke, he ruled that the claims against paramedics Engler and Dustin must go before a jury.

Mylander emphasized that Vaughn had not waived her right to be transported by ambulance. The lawsuit contends that neglecting to render aid and abandoning standard medical protocols constitutes egregious misconduct by first responders.

The Vaughn family is also requesting institutional reforms, including termination of the involved paramedics and retraining across KCFD1. However, Mylander states that the fire district has thus far declined to settle on those terms.

Broader Legal Context: Standards of Care and Emergency Response

This case raises serious legal questions about the standard of care owed by emergency medical technicians under Oregon law. While most personal injury claims involve private citizens or companies, injuries or deaths involving public employees, such as paramedics, can also give rise to complex claims under state and federal statutes.

Under Oregon law, wrongful death and personal injury claims can be brought when negligent or reckless conduct directly leads to fatal or severe harm. When such negligence is alleged to come from public servants entrusted with lifesaving responsibilities, the implications extend beyond monetary damages to questions of public accountability and policy.

In some cases, gross negligence—an extreme departure from ordinary standards of care—can even open the door to punitive damages or additional scrutiny from oversight bodies.

A Family’s Pursuit of Justice

“We just want justice for my sister,” said Debra Blank, Vaughn’s sister, who described her as a “kind, caring, loving and giving person.” Blank and the rest of the family hope that the lawsuit not only secures accountability but also prompts meaningful reforms in emergency medical response protocols.

While this case proceeds as a civil matter, Mylander noted that the family hopes the Klamath County District Attorney will consider the possibility of criminal charges. “There are multiple cases where paramedics have been charged with crimes, in part because they showed up and did nothing,” he said.

No trial date has been set as of yet, and representatives for KCFD1 have declined to comment on the pending litigation.

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If you or a loved one has suffered harm due to the alleged negligence of emergency responders or medical personnel, Pacific Injury Law Firm is here to help. Our compassionate and experienced team can help you understand your legal rights and options, including in cases involving wrongful death or personal injury. Contact us today for a free consultation at https://pacificinjurylawfirm.com/contact or call 971-277-3811.

Sources:

• Lauren Pretto (opens in a new tab)