Man sues over 2022 incident during transport to hospital
A local man has filed a lawsuit against the city of Mansfield and four Mansfield firefighters who were terminated after an incident involving a lack of appropriate medical care and inappropriate restraints while he was being transported to a hospital.
Robert Mcguire and his wife Amber Mcguire filed the lawsuit on March 14 in Richland County Common Pleas Court against the city of Mansfield, Firefighters George Williams, Allen Price, Matthew Kendle and Michael Drum, Mansfield police Officer Korey Kaufman, John Doe employees #1-10, ABC Company #1-10, S&S Healthcare Strategies Ltd and Ohio Department of Medicaid.
In the lawsuit, Mcguire, who was having an asthma attack while being transported in a city squad in March of 2022, claims as a result of various defendants’ actions he suffered permanent physical injuries causing pain and suffering, according to Richland County Clerk of Courts documents.
The man’s wife told a dispatcher Mcguire’s breathing was labored and his inhaler was not working. She said he was pale, sweating, wheezing and having trouble speaking between breaths, according to the 911 tape the News Journal obtained from the city.
Numerous allegations cited
Mcguire’s attorneys allege the defendants’ “willful and/or wanton misconduct,” included failing to perform and document an assessment, document Mcguire’s vital signs, and failing to deliver supplemental oxygen while the plaintiff was in distress.
The suit also alleges that the firefighters failed to review Mcguire’s medications and did not attempt cardiac monitoring and IV access; administered a medication to plaintiff without assessing for a history of COPD or emphysema; and failed to consider the use of the drug Solumedrol.
The court document also alleges proper protocol during the patient’s panic attack was not followed and firefighters ignored the patient’s statements that he could not breathe, restraining him in a manner that restricted the adequate monitoring of his vital signs, restricting the ability of his airway.
Mcguire was allegedly placed in a flat, supine position with arms extended above his head and bound with Coban bandage, the suit said.
Firefighters were yelling and cursing at Mcguire and applying force and restraint in excess of appropriate amounts and in a dangerous manner, according to the court records.
The plaintiff was also put into a prone position, face down and handcuffed, the lawsuit claims, adding firefighters did not provide timely response to Mcguire’s unresponsiveness and the fact he had stopped breathing, according to the complaint.
In 2022, Mcguire said, “I will never, ever trust the Mansfield Fire Department again.”
“The night it happened, when I rolled into the ER, Dr. Thai and his nurses brought me back to life in the ED. I had no heart rate and was I clinically dead for three minutes,” he said.
He said he was being transferred from his wife’s parents’ home on Harter Avenue to Ohiohealth Mansfield Hospital.
Mcguire declined further comment in 2022.
The four firefighters terminated June 14, 2022 are Firefighter/emt George Williams; LT./EMT Allen Price; Firefighter/emt Matthew Kendle, and Firefighter/emt Michael Drum, according to termination letters the News Journal obtained in a public records request to the city’s human resource director, Sharon May. Both the Mansfield fire Chief Steve Strickling and interim Safety Service Director Dave Remy made the determination for termination actions.
4 firefighters’ employment status
On Monday, May provided an update on the four firefighters’ employment status.
● Firefighter George Williams - His arbitration has not yet concluded; no update.
● Firefighter Matthew Kendle - The arbitrator has upheld his termination from the city.
● Firefighter Allen Price - The arbitrator found the city had just cause to demote him from lieutenant to firefighter. However, the arbitrator found his termination was without cause. The arbitrator reduced his termination to a two-week suspension. However, Price retired from the Mansfield Fire Department effective March 8, 2023.
● Firefighter Michael Drum - The arbitrator found just cause did not exist for his termination. However, he was given a three-month suspension without pay. He has returned to his former position.
The attorneys from Jones Kahan Law LLC in Cincinnati are demanding a jury trial.