Appeals court revives lawsuit against Michigan paramedics for wrongfully declaring woman dead

By Ed White
Associated Press Press Agency

DETROIT — A Michigan appeals court has reopened a lawsuit against Detroit paramedics after a woman who was pronounced dead was found gasping for air with her eyes open as she was the body bag was unzipped at the funeral home.

A judge erred in dismissing a lawsuit in favor of Southfield paramedics before the parties had a chance to conduct interviews and gather other evidence, a process known as discovery, the court said in a 3-0 ruling Thursday.

Justices confirm estate fails to prove constitutional violation in case against Southfield EMTs in Timesha Beauchamp’s death

Timesha Beauchamp, who has cerebral palsy, was having trouble breathing when her family called 911 in August 2020.

The medical team tried to revive her but eventually called a doctor, who pronounced the 20-year-old dead without going home. Beauchamp was never taken to a hospital.

That same day, a funeral home unzipped the body bag and discovered that Beauchamp’s eyes were open. She was taken to a hospital but died two months later.

The employee said Timesha Beauchamp was breathing and her tongue was moving when she was found alive after being pronounced dead

September 17, 2020 09:28 AM

Beauchamp’s family sued the medical staff for gross negligence. Oakland County Judge Nanci Grant dismissed the lawsuit, finding that the Southfield employees had governmental immunity.

The medical personnel’s attorney, Kali Henderson, admitted that “it sounds really bad” — claiming that paramedics and emergency medical technicians have no liability.

“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.

However, Judge Brock Swartzle said attorneys representing Beauchamp’s estate had not yet testified or gathered additional information.

“The discovery could show they’re not responsible for her death two months later,” Beauchamp said of her death. “To just focus on the fact that she was in a body bag for a period of time — that would scare, shock, humiliate anyone, right?”

“Of course, Your Majesty,” Henderson replied, “and I disagree.”

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Aug 31, 2020 01:43 PM

The case will now return to court in Oakland County.

Immediately after Beauchamp was found alive, the Southfield fire chief said it may be a case of “Lazarus syndrome,” a condition that refers to people who come back to life without help after resuscitation attempts fail.