Chicago City Council approves $5M settlement after family says EMTs failed to properly care for grandfather
CHICAGO (CBS) -- He was declared "dead on arrival."
But, hours after EMTs left his home after a 911 call, his family came to make final plans and he was still alive. It was a stunning sequence of events that Marshall's family said led to his death days later.
The mistake dating back to 2019 is about to cost Chicago taxpayers millions. On Wednesday, the City Council approved a $5 million settlement with the family of Whitfield Marshall, who accused the EMTs of negligence.
On Monday, members of the City Council Finance Committee heard the disturbing details about how much time these medical experts spent evaluating the man lying before them.
The 911 call came into dispatch at 1:45p on that February day five years ago as a wellness check for 64-year-old Whitfield Marshall.
A retired mechanic and U.S. veteran was deemed "dead on arrival" by the two EMTs on site, both employees of the Chicago Fire Department.
However, according to this lawsuit filed by Marshall's family, the EMTs failed on multiple levels.
It alleges they failed to "obtain vital signs from Marshall, including pulse and respiratory rate, blood pressure, oxygen saturation."
"..an utter disregard for safety.." they said.
After the family was notified at 5:55 that evening, his grandson came to his grandpa's house to make final plans, only to hear him moaning.
He was still alive.
Again, 911 was called. Marshall was taken by ambulance here to Stroger Hospital where he died three days later from complications, the family said, which came from the EMT's missteps.
"How long was the assessment of the gentleman they thought was deceased," asked 20th Ward Alderman Jeanette Taylor. "Approximately 15 seconds," was the response.
On Monday, members of the City Council were briefed on that 15-second well-being check and the massive check the city will now have to write.
"The Department of Law recommends settlement in the amount of $5 million in this matter."
A matter of respect -- or lack thereof.
"You didn't give him a minute. You didn't give him 30 seconds. You gave him 15 seconds. That was the difference between life and death," Taylor said.
"I don't know how you can do a thorough enough exam in 15 seconds," added 1st Ward Ald. Daniel LaSpata.
His family will learn whether the city formally approves the $5 million after Wednesday's full City Council meeting.
Both EMTs are no longer with the city. But for some, that's not enough.
"That elder is now dead because of your mistake and now the taxpayers will pay for it. and you'll collect a pension that we are going to pay for," Taylor said.
All but one member of the Finance Committee voted in favor of the settlement.
CBS 2 spoke with Marshall's grandson who discovered him five years ago. He didn't want to appear on camera but remembers him as a stand-up person who deeply loved his family, especially his four grandkids.