[Apparelyzed]

Disability advocate's family sues after he dies during repairs to his wheelchair

A wheelchair company and its technicians are to blame for the death of a disability advocate who died after his wheelchair malfunctioned during routine repairs, pinning his legs under a tabletop and causing him to suffer seizures, according to a lawsuit brought by the man's family.

The suit, filed in Suffolk Superior Court by the parents of quadriplegic Jeffrey Thompson, seeks $10 million in damages against National Seating & Mobility Inc. His Boston family went to court after the company refused to consider a $1 million settlement offer, lawyer Jonathon Friedmann said.


More: http://www.washingtonexaminer.com/nation/b...l#ixzz0idOw3eYh

[edlee]

It is a shame that this young man died so tragically.

Whether the company in question can make a jury believe they weren't responsible for it is,, in my opinion,, unlikely,, they should have cut their losses while they could. I hope they get charred.
ed

[dangerousdave]

I don't use electrical chairs yet
I'm always out of my manual chair when its being looked at
I can only think that a engineer would like you in the chair, is to set up any control settings/adjustments
So what say you, electrical chair users

[greybeard]

edlee, on Mar 20 2010, 01:14 AM, said:

It is a shame that this young man died so tragically.

Of course it is.


But before rushing to judgement, do you know for sure that he didn't refuse to move from his chair?  Just a thought.

[mellowgator]

Apparelyzed, on Mar 19 2010, 03:55 PM, said:

Disability advocate's family sues after he dies during repairs to his wheelchair

A wheelchair company and its technicians are to blame for the death of a disability advocate who died after his wheelchair malfunctioned during routine repairs, pinning his legs under a tabletop and causing him to suffer seizures, according to a lawsuit brought by the man's family.

The suit, filed in Suffolk Superior Court by the parents of quadriplegic Jeffrey Thompson, seeks $10 million in damages against National Seating & Mobility Inc. His Boston family went to court after the company refused to consider a $1 million settlement offer, lawyer Jonathon Friedmann said.

The suit alleges that the repair technicians were improperly trained and should have removed Thompson from the wheelchair and disconnected its battery before starting repairs. A spokesman for the Tennessee-based company said it would not comment on pending litigation.

"He was just such a fine young man who had recovered from a major injury, being a quadriplegic, and had developed into someone who was very special," Charles Thompson said of his son. "He laughed and smiled every day."

Jeffrey Thompson was 29 when he died, 12 years after being paralyzed in a car crash in which a high school friend was driving, his father said. He went on to attend college and advocated for changes that made public transportation in Massachusetts more accessible for the disabled.

Thompson, who lived with his parents, was home alone on Dec. 10, 2007, when two repairmen from the Boston-area office of National Seating & Mobility arrived to perform maintenance on the electrical wiring of the wheelchair, the family said.

Thompson was sitting in the chair when it malfunctioned and abruptly "jumped," causing his legs to become pinned under the table he was sitting at, the lawsuit claims. Thompson suffered a broken leg, according to his father, and the lawsuit said he went into "uncontrollable seizures" after the accident.

The repairmen first called Thompson's personal care assistant, who instructed them to call 911, Friedmann said. He was taken to a hospital, where he died the following day.

"There's no reason the wheelchair should have shorted out (during) routine servicing, there's no reason why the battery should have been connected, there's no reason Jeff should have been in that chair, and there's no reason why he shouldn't be here today," Friedmann said.

The two repairmen had not been to the home before, and Charles Thompson said a previous technician had always removed Jeffrey from the wheelchair and placed him in another at the home before starting maintenance. The wheelchair cost about $15,000, he said.

Bill Noelting, chief information officer and vice president of marketing for National Seating & Mobility, said the 18-year-old firm is the nation's largest provider of high-end, custom wheelchairs and seating systems.

He also said that all of the company's repair technicians are certified by RESNA, the Rehabilitation Engineering and Assistive Technology Society of North America, and must pass a test to work for the firm.

Friedmann said he was not aware of any similar complaints against the company or any involving the type of wheelchair Jeffrey Thompson used.

Thompson's father said any proceeds from the litigation would go to a foundation set up in his son's name to help those with similar disabilities.

The younger Thompson lobbied Boston officials to upgrade aging brick sidewalks in the city's South End neighborhood that he said were hazardous for wheelchair travel.

His frequent frustration with using public transit also led to his involvement in a class-action lawsuit that eventually resulted in the Massachusetts Bay Transportation Authority agreeing to spend more than $310 million to upgrade station elevators, platforms, buses and take other steps to improve accessibility for disabled riders.

"He wanted to be mobile, he wanted to be independent," Charles Thompson said. "It was part of trying to become independent for himself that he became an advocate."

Source: http://www.washingtonexaminer.com/nation/b...l#ixzz0idOw3eYh

i'm with ed. if these technitians are at fault, i think national seating and mobility will have wish they had of settled out of court. i don't see how they will win this case unless the nsb techs have a compelling arguement.
the only postitve i can see out of this is that the proceeds will go to a foundation to help others. i too hope they get a huge judgement if wrongdoing is proven. i'm wondering if this is just plain out stupidity on the part of the technicians. i do wonder why jeffery thompson didn't insist that he be transfered out of the chair before they started work. this should be company policy and i have a feeling if it isn't it soon will be.

how's my revision?

This post has been edited by mellowgator: 21 March 2010 - 03:41 AM

[In The Wind]

I can tell you that the local NSM guys are terrible. Much more concerned with sales than accuracy. They don't return calls and are unskilled, in fact they just plain suck. I bought my main wheelchair from them, a 6K quickie with the electric "extender" wheels. It's so terribly fitted that I think it has a lot to do with my back problems.. Honestly I don't think it was fitted beyond "well that looks about right".

[Ratticis]

Lets not be so quick to hang the technicians. Obviously this young man was with it enough to lobby for changes in his comunity, he should have been with it enough to tell the techs he should/could/would get out of the chair. There's a lot of unknowns. Maybe he did tell them, or maybe like GB said, he refused. None the less, it is uunfortunate that this young man dies, but like so many people, it sounds to me like he's the greatest after he's dead.

[qbounce]

In The Wind, on Mar 20 2010, 12:07 PM, said:

I can tell you that the local NSM guys are terrible. Much more concerned with sales than accuracy. They don't return calls and are unskilled, in fact they just plain suck. I bought my main wheelchair from them, a 6K quickie with the electric "extender" wheels. It's so terribly fitted that I think it has a lot to do with my back problems.. Honestly I don't think it was fitted beyond "well that looks about right".

I agree, they're terrible here too. But, if the guy was usually out of his chair to do the repairs, why was this time different? 12 years post injury should have taught him something about wheelchair tune ups. And, as stated, they were there to repair the wiring, so the chair obviously had an exhisting condition. Conceivably, it could have just happened. Does Toyota make electric chair parts?

[rue2you]

You're scaring me Q, I drive a Toyota!!

[edlee]

There's the difference between us and the jury,,, they will get all the facts and pertinent information needed to make a decision, and hopefully it will be the right one.

The rest of us,,, we'll do what we always do,, sit at our computers, typing opinions about stuff we don't know anything about. Much like most bloggers. At least here,, if the right questions are asked and enough info given,, one can't usually get at least ONE good answer.

I was out to dinner with friends tonight,, the waitress asked me if I'd like dessert. I said "If I eat another bite, I won't be able to walk",,, The waitress walked away to ready the bill,,, with my friends trying to stifle laughter ( my wife didn't need to,, see doesn't seem to get my attempts at humor). Apparently she remembered my chair on here way back, because she started laughing three tables away,, then got embarrassed and kept saying "I'm sorry" between giggles.

I guess you had to be there.
ed

[rue2you]

Ed -
That is so funny! Yesterday, my hubby and I were at a restaurant with a bunch of friends and family. It was quite a drive back home and my husband and I were play bickering over who had to drive home because we ate so much and were sleepy. I said "You have to drive because I drove all the way here and I am tired." Of course, he said that since I did such a good job driving on the way there, he would hate to take that away from me and would gladly let me drive home again. To which I said "Listen, half of my is already asleep and it won't take much for the other half to go!" Hubby and I started laughing very hard at this and he said without even thinking "Boy, if I try to get you back now, you wouldn't have a leg to stand on!" I DIED laughing and everyone else was just looking at us like we were crazy! You're right - you just had to be there.

Later, my mom was talking to the waitress and was trying to point me out. She said "She is the lady there in the wheelchair." I told my mom later, "Is there no other description, like the lady in the orange sweater, the lady with the glasses, the lady with 6 children around her?" You know, other descriptions? Mom just started laughing and said that was the most obvious description she could think of. Course, I was teasing her and glad that she was sharing my humor!

[airart1]

back on topic, this company was from tennessee, i've never heard of them, i wonder what city, why was he under a table?.....he'd already sued a city in mass.............there seems to be something more to this than meets the eye, i've broken both my femurs and never died, or even had complications, just took along time to heal, could it have been the care at the hospital that killed him, could he have had something else going on with his health, its hard to believe that he passed, even how tragic it is, from a broken leg, even though i believe it can happen....just something doesnt seem right. 12 years in a chair and he doesnt take precautions, he positions himself under a table, how heavy was his table that it would break his leg? 10 million? where'd that number come from, and seizures, it still sounds to me that there is more to the story than meets the eye, not trying to be ugly, just truthful...........even though i have met alot of "techs" that didnt know squat....but 12 years in a chair and he positions himself in a dangerous position, dont most electric chairs have heavy arm rests on them, most i've seen do, it obviously was a nice chair, 15 grand and it had the capability to raise itself and i assume tilt, and man it sure must have been a monster table, i have a hundred yr old solid oak table that wouldn't do that, it is very heavy..........i dont know, sounds to me it could have been the care at the hospital after the fact! Hard to say, wasnt there........not enough info...........