posted by Tom Moertel at 9:25 PM /
The local news media are reporting on a federal lawsuit filed against Mt. Lebanon, MRTSA, and others. The Tribune-Review:
Read more:
Jessica Yochum, 23, says in the lawsuit that she suffered a grand mal seizure Feb. 22 while working at Houlihan's Restaurant. Instead of letting her seizure run its course, Gregory Petro and Richard Weisner of Medical Rescue Team South and police Officer Jeffrey Frolo forcibly restrained her, the lawsuit says.According to the Post-Gazzette, "The lawsuit names the municipality of Mt. Lebanon, the Medical Rescue Team South Authority ambulance service, two emergency medical workers, and Officer Frolo as defendants. It alleges they violated the Americans with Disabilities Act as well as Ms. Yochum's due process rights."
That caused her to react violently and she bit Weisner on the hand during the struggle, the lawsuit says. Frolo charged her with aggravated assault and drug possession, but a district judge dismissed the charges, the lawsuit says.
Read more:
- Woman arrested during epileptic seizure files federal suit (Pittsburgh Post-Gazette)
- Mt. Lebanon woman sues over arrest during seizure (Pittsburgh Tribune-Review)
- Epileptic Woman Arrested During Seizure (KDKA video)
32 Comments:
I don't know where to begin on this outrage. EMT's with apparently zero medical knowledge?
Are they just the stooges of the cops with stethoscopes brought along only to treat pepper spray?
I am surprised the cops didn't taser her also. But what is really the epitome of heinous arrogance is the filing of felony charges against her after they learned there were NO drugs involved and the Doctors informed them this young woman was indeed suffering from a grand mal seizure due to epilepsy.
So just as with Joe Caruso, we the taxpayers, the "employers" of these jackbooted thugs get to add again increased liability insurance premiums to our ever-rising taxes to cover yet another inexcusable excess of stupidity and arrogance.
George Kean
Mt. Lebanon
Just a quick reminder about our commenting policy: We don't post anonymous or pseudonymous comments. If you won't put your name to your words, we won't post them.
I mention this because I just now had to reject an otherwise fine comment. If it was yours, please post again, this time with your name.
Mr. Kean,
It is fairly obvious that you know nothing about nothing, and by stating that, I am asserting that your knowledge comes only from sensationalized media reports and no inside knowledge of the events at hand. The EMTs mentioned are well known to me and both happen to be extremely well versed in their respective fields (EMT and Paramedic), having put long and unblemished careers in with Medical Rescue Team South. The felony charges DO NOT reflect this young woman's reported drug usage but rather the assault that occurred when Mr. Weisner was bitten. There is less "jackbooted thuggery" that occurs in these municipalities than you may think, and more ill-informed residents who think that their opinions are correct than you will ever imagine. As far as being "stooges with stethescopes" is concerned, you could not have further illustrated your ignorance as to the quality of care provided by the members of Medical Rescue Team South on a daily basis. The only stupidity and arrogance present is that which you presented by making an ill-informed opinion in a public forum.
Eileen Sukitch
Baldwin Twp.
I just had to reject another comment because it was anonymous or pseudonymous. If it was yours, please feel welcome to post it again, but don't forget to include your full name, per our commenting policy. (The policy appears in the sidebar of the home page and above the commenting form.) —Tom
Ms. Sukitch-
So answer me this- why in the world were ANY charges files against this young woman after the police learned that this young lady suffers from a disease which presents with violent seizures?
The woman's co-workers informed both the police and EMT personnel at the scene!
Then, at St. Clair Hospital they were informed AGAIN that this woman suffers from epilepsy.
And yet they chose to treat this woman as a drug addict, with first ignorance, and then obvious malice.
So, any injury to an EMT which occurs in the course of "medical" treatment is a chargeable felony? Spare me!
We the taxpayers will again foot the bill.
George Kean
PS-
Ms. Sukitch-
While MRTSA and the Mt. Leb Police may do well most of the time, how does this happen?
You imply or state I don't know the whole story, like what?
It's plain to see!
I read the accounts in the PG and the Trib, and watched the girls speak herself on the KDKA interview and saw no sensationalism, just saw a sordid expose of medical incompetence and abuse of police authority.
We pay these agencies to help us, not abuse us.
The EMT's either did not recognize the epilepsy, or more likely, simply acquiesced to the cops desire to simply cuff and charge.
Why wasn't this woman handed a sincere apology instead of felony charges?
Now we have a federal lawsuit that MLPD & MRTSA will probably lose.
George Kean
Mr Kean,
Allow me to address your concerns as you have them listed. First and foremost, the decision to file charges is NOT made by the personnel assaulted but rather by the officers involved. Further, no decision to prosecute this case after any evidence is produced is made by the medics. Second, in the course of a "violent seizure" it is common protocol to restrain the patient from potentially injuring themselves or others. This protocol is recognized STATEWIDE and is provided by the Pennsylvania Department of Health to EMS responders and is VERY clear in the rights of responders to restrain violent patients. Patients are treated based on their presentation, not on the word of untrained personnel or bystanders as it would not be the first time in history that a patient with one disease suffered from something else. Finally, an injury that occurs in the line of duty is not considered an offense unless it is believed to have been perpetrated with intent to harm. Were YOU in the back of the ambulance with the officers and medics when the incident occurred? Have YOU ever handled or treated seizure patients, stroke patients, overdose patients and the like to know how they may all bear similar presentations? I think not.
In deference to your follow up e-mail, you ask what further evidence their could be to bring forth. Why has the police report regarding the incident been brought to light by the accuser? How about the medical reports by Medical Rescue Team South? Perhaps you believe that there is some conspiracy present and that these reports would just be doctored to present the officer's and medic's standpoint because, it could NOT be the girl that is lying, it MUST be the police and medics. Where is the balance to the news story? I cannot believe that you are so simple as to believe that if it is on the news and in the paper that both sides are accurately represented. You cannot honestly believe that her account is the ONLY account and must therefore be true? Are you really that gullible, because if you are, I can have a news story drawn up on some great oceanside real estate in Utah you may be interested in. Further, if EMS had acquiesced to "cuff and charge" as you put it, then she would have ended up in JAIL and not the hospital.
Let me paint the picture for you, since you apparently cannot see the obvious.... You have a seizure, your co-workers call 911, you are aggressive and violent, you are restrained for the safety of all involved (CLEARLY in accordance with STATE PROTOCOLS) and transported to a hospital for treatment. At what point are the medics at fault? Ohhhhh, sorry, you read the inflammatory news story that the medics had her cuffed and arrested......WRONG...
Make your decisions based on both sides of the story, then you can just worry about spending your tax dollars on a full time arborer instead of your public safety.
Eileen Sukitch
Baldwin Township
Ms. Sukich-
My brother is an EMT.
He has dealt with all of the scenarios you describe, and I trust his opinion that this was horribly handled.
I never questioned the need to restrain.
I DO question the decision to restrain with steel handcuffs once at the hospital, that's just outrageous according to my brother.
I DO question the idiocy of filing criminal charges of any sort in this instance.
I have no idea which reports you are raving about, I'm simply speaking to the known facts.
You seem to be on some delusional rant as to how the poor EMT's and misunderstood cops are somehow imbued with noble, unquestionable behavior, and it JUST DOESN'T FLY!
Which is why we will be paying off this lawsuit which obviously was caused by a relative or friend of yours!
George Kean
Ms. Sukitch-
Oh, and you still haven't answered the MAIN question here, and the focal point of the lawsuit:
So, after the true medical info was confirmed, why was this woman handed felony charges instead of the apology she plainly deserved???
George Kean
This comment has been removed by a blog administrator.
Mr. Kean,
You seem to have some particular vendetta to exercise against Mount Lebanon Public Safety, or you are simply too ignorant to have read all of the facts I have previously stated. To date, I have not defended the actions of the Mount Lebanon Police because I cannot adequately speak to their manners and procedures.
I AM, however, able to speak with certainty about the manner in which this was handled from an EMS perspective.
You state that you never question the need to restrain but then you go on railing about the "poor EMTs" and their "ignoble, unquestionable behaviour" so then, tell me, what was said behavior?
You AGREE that the EMTs are within their right to restrain violent patients.
You AGREE that they transported her to the hospital where she belonged.
If you know anything about EMS, then you know that THAT IS WHERE THEIR RESPONSIBILITY FOR CARE ENDS. The fact that the patient remained handcuffed in the hospital may have in fact been unjust, but it has NOTHING to do with the EMTs. The fact that the girl was charged remains a police matter, which also has NOTHING to do with the EMTs. Further, Federal Privacy laws prevent medical personnel from releasing any personal information about a patient without the patient's explicit consent, so if they had done some type of emotional damage by making public accusations about her then why where they not also charged with violation of the HIPPA Act. Since it is obviously not the case, to whom should they make an apology, and for what?
Basing your opinion and statements on the knowledge of your brother would be like me offering expert opinion about landing planes if my brother were a pilot. IT JUST DOESN'T FLY...
Oh, and in case you are as naive as you seem, the focal point of the lawsuit is money and not an apology.
P.S. I would love to know where your brother is an EMT, because it is not here in the state of Pennsylvania, according to the Department of Health website.
Eileen Sukitch
Baldwin Township
Ms. Sukitch-
No vendetta whatsoever, I'm just tired of taxpayers continually footing the increasing bills for professional incompetence and malpractice by our public "service" agencies.
If EMS has no guilt, malpractice, or wrongdoing in this travesty then your son has nothing to worry about, does he?
George Kean
Ms Sukitch,
As a former paramedic and current ED nurse, I completely agree with you.
Mr Kean,
There is a period following a seizure called a "post-ictal" period in which a person is confused and can be extremely combative. They medics never denied she had a seizure, that was the police. So even if she did have one she was most likely combative in which case the restraints were appropriately used. As for the accusation that they were "forcible restraints", stated wide protocol states that "restraints up to and including heandcuffs can be used". This is because in the field, your primary responsibility is to ensure your own safety, then your partner's, and finally your patient's. This is because if you are injured, you cannot help the patient, and now there are two patients, so your safety is always first. If restraints were never used, every medic would walk off of a seizure call with a black eye and broken bones. So in this case, and with everything that she claims in the interviews, she actually proves more that MRTSA followed all state protocols and if taken to court, will probably win. I am not comfortable speaking on behalf of the police nor would I care to, so the questions as to why they still charged her after knowing this information will remain unanswered by me.
The fact that the restraints were not removed in the hospital, and steel handcuffs were used, that would be because of the physician, nurses, and hospital police, not the medics or Mt. Lebo police, which brings up an interesting point, why was the hospital not named in the suit?
But I feel that your comments are very harsh especially not working in the field or seeing what they people endure on a daily basis. For every 5000 good calls these people have, there is bound to be a bad one, if you would even call this bad. I call this incident a mis-informed indivivual with biased and not-medically-trained media.
Jeanne Nasesso
Brentwood
ATTENTION WOULD-BE COMMENTERS: On Blog-Lebo, we don't publish anonymous or pseudonymous comments. If you won't put your name to your words, we won't publish them.
I know this story is getting a lot of attention and lots of people want to get their opinion across, but I had to reject, just now, yet another comment because it was submitted anonymously. If it was yours, please feel welcome to submit it again, but don't forget to include your full name, per our commenting policy. (The policy appears in the sidebar of the home page and above the form you use to leave comments.)
ps-Ms. Nasesso:
I find it very curious neither of you will comment on the police, when they always act together with EMS.
Are you seriously implying the rent-a-cops at the hospital would overrule the MLPD?
That's laughable! And it was MLPD who remained there and were present both times she woke up.
Getting it right "most" of the time doesn't cut it!
George Kean
Mr Kean,
Police and EMS do always work together, and have a great working relationship, however not being a police officer, and not being on the call, I cannot comment on their actions. I am not well versed on their various operating procedures. However, I do know that a hospital has their own restraining system for patients, and if they felt the need to restrain at all, it would be with their materials and their way, not the police department's. The police would just be there because she was still in police custody at the time.
Also, I find it interesting that she makes comments about how the police and EMS workers treated her on the call when she also stated that she only remembers waking up in the hospital. Kinda interesting she can make accusations based on... well nothing. The EMS crew would have already cleared the call and would have nothing to do with the current restraints.
But Mr Kean, if I must be honest, your remarks are quite offensive, especially for someone who has never worked in the environment we work in. Please do research prior to posting such insulting comments.
Jeanne Nasesso
Ms Nasesso-
I just call 'em like I see 'em, as would a jury.
If this case ever got to court, which I really doubt will happen, and we will pay, again.
I find this incident offensive.
I recognize your blind loyalty and bias to defend the "professionals" here but I sincerely doubt you would be at all satisfied if this was your daughter's treatment as a result of a routine 911 medical call.
George Kean
Mr Kean,
I understand you point of view. But, you must also note that every EMS call has a legal document showing what exactly happened. If she infact was combative, it would be shown in this document, which the court must abide by. So if it were to say she was throwing fists and kicking feet, and that she was restrained due to it, the lawsuit could never hold up. We will just all have to wait for a statement from MRTSA to know for sure.
Jeanne Nasesso
Ms Nasesso-
You wrote:
"...document which the court must abide by.."
???
You don't know what you are talking about!
I'm sure they did a report, it's reasonable she was combative.
That's got NOTHING to do with what's going to happen here.
"..wait for a statement.." ???
Stick to nursing!
Her lawyer will get sworn depositions, and then the attorneys for the insurance companies holding the township's liability policies will settle.
We pay, again.
George Kean
Mr Kean,
It will have something to do with what's going on. If it shows that the EMS crew followed state protocol, then how can they possibly be charged for following what stated physicians wrote they should do in that situation?
It would not have anything to do with the police matter of course.
By the way, I do not appreciate the personal stab at "stick to nursing". Please do not make such personal remarks.
And for the record, I have never worked for MRTSA, however, I can assure you that they are known county, and even regionally wide as being one of the most respected agencies in the state, as both being highly professional, and having some of the highest trained personel. I recommend you take a second to think about how lucky you are to have them serve your area.
Jeanne Nasesso
I know this is a hot topic, but please, everyone, try to be civil. Before commenting, step back and cool off. (And if you can't make a point without saying something ugly, maybe you're better off not making it.)
Cheers,
Tom
Ms Nasesso-
MRTSA does a great job most of the time, so does MLPD.
Not this time.
Which is why we are on the losing end of a federal lawsuit.
George Kean
George "Kean"
You sound like someone who has initimate knowledge of the process a lawsuit against the MLPD or MRTSA might take -- perhaps there is a reason why you are posting and railing against the MLPD and MRTSA?? I don't believe your "brother" is an EMT, and I don't believe you are outraged about this case. I believe that you simply want to throw gasoline on a fire and make a case where there is nothing more than the extremely professional police and emergency medical workers, who attempted to assist someone in need, are falling victim, yet again, to a frivolous lawsuit and a lawyer seeking to make a quick buck.
Sorry George, but we see you for what you are.
Ann McDougall
Mt. Lebanon
Ms. McDougall-
Save your insults, save your innuendos, and save your money, you will need it to pay the higher bills.
If it was easy to make a "quick buck" simply by filing suits it would happen much more frequently, as it is, there is a reason for our court system, and part of is to affect performance, and hopefully ensure change.
This suit would not even be filed were it not for cause.
Thankfully you will be no part of this.
George Kean
I think I have made my view of this incident clear.
The glaring, unanswered questions, like why charges were even filed, obviously won't get answered in this forum.
This "discussion" has not even produced one credible, possible reason, just personal attacks.
If you wonder why we get drowned in litigation it's because in situations like this it's (sadly & unnecessarily) turned out to be the only possible avenue for answers.
Moving on.
George Kean
Everyone is missing the point. Someone who was in a serious situation needed prompt emergency care and they received care that was detrimental to their problem.
As professionals MLPD and MRTSA are trained to recognize the differance between intentional harm and unintentional harm. After MLPD and MRTSA were advised twice of the nature of the call and St. Clair Hospital advised MLPD of the actual cause of this persons actions; MLPD after having been advised by a medical doctor of this persons illness, ignored the medical diagnosis and filed charges for actions that were unintentional due to a medical condition.
MLPD is known in this area for its' " We're MLPD we can do what we want and get away with it" mentality. I'm affaid on this one they are going to be ordered to pay the price for their actions.
MLPD claim to be trained professionals and they acted unprofessional and negligently to the point of causing harm to this person.
It is unfortunate that MLPD will finally learn their lesson that they are not the judge, jury and executioners in town at someone elses expense.
A word of advice to MLPD; accept the advice of a MD and only assist when asked in situations that require a medical professional. Don't take charge over a stituation and assume you are right because you have a badge and a gun. You do not have the required medical knowledge. That is what happened in this case, they made a judgement without all the facts and rushing to a conclusion based on their lack of professionalism. You' re Police Officers and that includeds gathering all the facts before arriving at a conclusion. If this is the level of professionalism of our public safety officers we need to clean house.
Mark Peterson
MT Lebanon
It is very simple, if you were not on the scene that day you DO NOT know the truth period! You do not know the history of this young lady (has she been in trouble before??) You do not know what the officer found in the course of his investigation, you do not know what really went on in the back of the ambulance on the way to the hospital! So many of you jump on these blogs and can't wait to trash the fine public safety professionals at the very first sign something might be just not right. But one fact is this; none of you were there that day! Both of these EMS professionals and the Mt. Lebo police officer that were there did their job to the best of their ability that day! The facts WILL come out and everyone who jumped to judge these professionals will be left to say "I'm sorry"! How many of you who sit in your expensive houses are willing to do the job these men do?
Bryan Taylor
Dormont PA
Mr Taylor
You are correct on a few points none of us were there (includig yourself). Qestioning the character of the young woman is not the issue. I'm sure if there was just cause the District Judge Loratonda would have charged her with a crime. What happened there? The charges were dismissed. No drugs were found if there were the woman would have been held accountable.
I do not know how long you have lived in this area but It has been well known that the MLPD think they own the entire community. I grew up in Donmont and moved to Mt Lebanon, not everyone in Mt Lebanon is rich. I can not recall a member of the Dormont Police involved in a lawsuit due to their arrogance and unprofessionalism; becouse they are not they know better. The cost of someones home is not the issue here. I do not live in an expensive home. In fact my home is less than what some people spend on a Mercades. Please save your comments as to housing cost for another topic and stick to the real issue.
The issue still remains Why did the MLPD file charges after being advised of the medical issue that caused the ations of the young woman by a medical doctor at St Clair Hospital. If they were justified they wouldn't have been dismissed by District Judge Loratonda.
I wouldn't want to do the job of a police officer but I do expect them to preform their duties in a professional manor without arrogance. If this is the best of their ability I must say it is a poor demonstration.
A person needed prompt medical attetion and received care that caused harm at the hands of (so called) professionals of the MLPD because of arrogance. as I stated in my last post.
You are right we will here the facts but we will not be saying I'm sorry; just who do I write the check to? This one will be settled out of court.
Just be glad you will not be a part of it.
Mark Peterson
Mt. Lebanon
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This is heart breaking and I must admit it terribly concerns me for my safety. I had read other cases of police abuse that also goes on in our community, the one case of Mr. Caruso, won him 100 grand, no way he would of won that if he did something wrong...I am sure there are many good police and rescue teams here but there are obviously a few bad apples that need to be addressed here, its plain to see that this woman was plainly harassed to me and many others here.
I find this appalling, the case of Mr. Caruso also was terrible, it is clear that there is alot of abuse going on. There are many good police officers and others here who are not like this, but this sadly sounds awful for the community of Mt. Lebanon, for the record, this goes on everywhere but I am shocked it happens in the bubble! What can be done to protect citizens and to keep good personnel on board? I think that is the question that needs to be asked here, too many cases already in the bubble!
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