Court revives lawsuit over Detroit-area woman who was found alive in a body bag
A Michigan appeals court has revived a lawsuit against Detroit-area paramedics accused of putting a live woman in a body bag
Your support helps us to tell the story
From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.
At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.
The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.
Your support makes all the difference.A Michigan appeals court revived a lawsuit against Detroit-area paramedics after a woman who had been declared dead gasped for air with her eyes open when a body bag was unzipped at a funeral home.
A judge was wrong to dismiss the lawsuit in favor of Southfield paramedics before the parties could conduct interviews and gather other evidence, a process known as discovery, the court said in a 3-0 opinion Thursday.
Timesha Beauchamp, who had cerebral palsy, was struggling to breathe when her family called 911 in August 2020.
The medical crew tried to resuscitate her but ultimately called a doctor, who declared the 20-year-old dead. Beauchamp was never taken to a hospital.
Later that day, a funeral home unzipped the body bag and found Beauchamp had her eyes open. She was rushed to a hospital but died two months later.
Beauchamp's family accused the medical crew of gross negligence. Oakland County Judge Nanci Grant dismissed the lawsuit, saying the Southfield employees had governmental immunity.
An attorney for the medical crew, Kali Henderson, acknowledged that it “sounds really bad” to say there's no liability for the paramedics and emergency medical technicians.
“Where do we have the facts that anything they could have done would have changed her condition?” Henderson told the appeals court on June 12.
But Judge Brock Swartzle said lawyers for Beauchamp's estate haven't yet taken depositions and gathered more information.
“Discovery might show that they are not responsible for her passing two months later,” he said of Beauchamp's death. “Just focusing on her being in a body bag for a certain amount of time — that would frighten, shock, humiliate anyone, wouldn’t it?”
“Certainly, your honor,” Henderson replied, “and I don't disagree with that.”
The lawsuit now will return to Oakland County court.
Immediately after Beauchamp was found alive, the Southfield fire chief said it might be a case of “Lazarus syndrome,” a reference to people who come back to life without assistance after attempts to resuscitate have failed.
___
Follow Ed White at https://twitter.com/edwritez
Subscribe to Independent Premium to bookmark this article
Want to bookmark your favourite articles and stories to read or reference later? Start your Independent Premium subscription today.