The city of Chicago approved a $5 million settlement for the family of a 64-year-old man who was mistakenly pronounced dead on arrival by first responders in a devastating and preventable incident. Over 3 hours later, Whitfield Marshall’s grandson visited him to say his final goodbye and, to his surprise, found his grandfather alive on the floor of his apartment.
The Preventable Fatal Incident
On February 20th, 2019, records indicate EMS personnel found Whitfield Marshall “lying face down with blood pooling on his whole front side.” Despite Marshall clearly showing signs in need of medical help, first responders failed to administer proper medical care and prematurely pronounced him dead on arrival.
Whitfield Marshall’s grandson, Gabray Carter, was notified of the passing of his grandfather. Carter and his girlfriend, Julia Morris, visited the apartment to begin making preparations and to say their final goodbye. Once they arrived at Marshall's home, they found him lying on the ground, moving his arms, and groaning. Carter and Morris found Marshall’s pulse and immediately called 911.
Delayed Care
Shortly after, EMS personnel rushed Whitfield Marshall to Stroger Hospital, but he never regained consciousness. Chicago fire department records state that Marshall, unfortunately, suffered a heart attack while staying at Stroger Hospital. Three days later, his family made the difficult decision to remove him from life support.
Allegations of EMS Negligence
According to the lawsuit, EMS personnel failed to administer basic emergency medical protocols. As reported by the Chicago Sun-Times, the complaint alleges that first responders failed to do the following:
- Apply cardiac monitors
- Start an IV
- Administer respiratory support
- Initiate cardiopulmonary resuscitation
- Other advanced cardiac life support
- Telemetrically report information to an emergency room physician
Family Secured Justice
Both Carter and Morris are in training to be paramedics and were interviewed by ABC 7, “If I was in that situation, I definitely would have been able to save him if I were the EMT who came the first time.” Both emphasized that Marshall’s condition was in fact, treatable, and if proper protocol was provided, they could have faced a different outcome.
Gabray told ABC 7, “I want to get justice for my grandfather”, and that his “best friend” and “role model” would encourage “to do anything in my power to make sure this didn't happen to anyone else in the City of Chicago.”
Outcome
Leonard Law Group represented Marshall’s family in their wrongful death lawsuit against the City of Chicago and fought relentlessly to secure justice for the traumatic incident that derailed Marshall’s family.
ABC 7 interviewed Leonard Law Group, where the firm argued that the first team of EMS personnel certainly neglected to provide proper medical treatment, which directly reduced Marshall’s chances of survival.
In a statement to ABC 7, attorneys explained,
“He laid on the floor for three and a half hours struggling and its absolutely clear had they gotten him to that hospital earlier, his chances of surviving were much, much greater.”
Leonard Law Group understood the gravity of the devastating tragedy that plagued the Marshall family and aggressively proved negligence by the city of Chicago, successfully securing a $5 million settlement for Marshall’s family.
This case highlights how critical proper medical care and procedures are and the tragic consequences when those protocols are not followed.
The settlement brings a sense of closure to the family, although the loss will continue to remain immeasurable.
Case summary
- Case type: Wrongful Death
- Location: Chicago, Illinois
- Outcome: $5,000,000 settlement
- Representation: Leonard Law Group
Media Coverage
- “$5 Million Settlement Proposed in Case of Man who died days after EMTS believed he was “dead on arrival.” - Chicago Sun Times (Read Full Article)
- “Chicago Grandfather mistakenly left for dead for hours by CFD paramedics” - ABC7 (Read Full Article)
- “$5 million settlement expected after family accuses Chicago EMTs of leaving grandfather for dead” - CBS News (Read Full Article)
