PHOENIX — The City of Phoenix has agreed to pay $2 million to settle a wrongful death lawsuit involving the death of a 2-year-old boy.
The lawsuit, filed by the Clugston family, alleged that their son, Abraham Clugston, died after Phoenix firefighters decided he did not need to be transported to the hospital following a seizure, 12 News reported. He died later that same day.
According to the lawsuit, in April 2022, Abraham’s mother called 911 in the early morning hours after he experienced his first seizure. A Phoenix Fire Department crew arrived within ten minutes to assess the situation. The suit claims Abraham’s mother “begged” the firefighters to take her son to the hospital, but they reportedly told her it wasn’t necessary.
The lawsuit also claims that instead of transporting Abraham, firefighters advised his mother to give him Tylenol and Ibuprofen, assuring her that seizures were normal. When she continued to express concern, they allegedly told her she was “overreacting.”
A second 911 call was made, and this time Abraham was transported to the hospital. There, after extensive life-saving efforts, the 2-year-old died.
More than three years later, the Phoenix City Council unanimously approved a $2 million settlement for the Clugston family on June 18. Following the vote, a city spokesperson issued the following statement:
“The City of Phoenix extends its deepest condolences. Following this incident, as with any incident, an internal review was conducted and steps have been taken to improve training and procedures. The City remains dedicated to protecting the health and safety of every member of our community.”
12News was provided a statement from the Clugston family about the death of their son:
“From the very beginning, Abraham’s parents knew that the city of Phoenix did wrong by their son Abraham, whether it was poor decision making that day or it was a flaw in the procedure that needed to be exposed and addressed. Abraham’s death could have and should have been prevented and while there’s nothing that can be undone, their hopes are that in addition to the laws that have already been changed since Abraham passed away on 04.14.2022; that Abraham’s Legacy will be to SAVE more lives, moving forward so that any child who has a seizure for the first time in their life won’t be at the mercy of a 911 operator or the general consensus of the first responder team, but rather will be immediately transferred to the emergency room, where they’ll receive the best and most qualified opportunity to live. They also hope that this case will spawn more resources for parents who uniquely lose their children needlessly, and must journey through the complicated and aggravated grief that is only part of the collateral damage caused by an avoidable and wrongful death.”
