The city of Phoenix is taking accountability in the death of a 2-year-old boy in the form of a $2 million settlement.
The family said their child is gone because of negligence on the part of Phoenix firefighters.
Before his death, family said Abraham Clugston was a healthy and happy little boy and when something went wrong in April 2022, his parents said the first responders they trusted to save him are the reason he died.
“What they did that day is they failed not only my clients, but they failed the community,” said Breann Slack, the attorney for Abraham’s parents.
According to a lawsuit against the city, the boy’s mom called 911 after she noticed him compulsively shaking in the middle of the night. But when paramedics arrived in a fire truck, court documents claim crews downplayed the seizure, chalking it up to a fever.
Slack said the EMTs told Abraham’s mom not to worry, despite her begging them to take him to the hospital. Instead, they suggested she give him over-the-counter pain meds.
“‘You’re overreacting. He’s gonna be fine. Just monitor him. It’s normal. He doesn’t need to be transported,’” said Slack, recalling what her client was told by firefighters on scene. “Because of that, he lost his life that day.”
Records show, five hours later, the child was found unresponsive. So, Abraham’s parents called 911 again and this time, an ambulance rushed him to the hospital.
“Had Abraham been transported to Phoenix Children’s Hospital after his first evaluation by EMS, his chances of death were less than 10%,” said Slack, reading a medical expert’s opinion of the case.
Slack said the autopsy listed his cause of death as complications of a viral infection. This month, the city of Phoenix settled by agreeing to pay the Clugstons $2 million. “I don’t know if there will ever be closure,” said Slack.
A city spokesperson said an internal review of this situation led to some reform within the Phoenix Fire Department, including updates to policy and training. “I do think it is a step in the right direction for them to find some sort of peace,” said Slack.
It’s not directly related, but just a few months after Abraham’s death, Arizona law changed. Now, EMTs are not allowed to give patients a presumptive diagnosis and then use that diagnosis as the reason to discourage emergency transportation to a medical facility.
