Citywide fitness

CITYWIDE FITNESS CENTER, INC. Dr. Vontz looked at Tommy Jetson with a scowl. “This is serious, Tommy. You are a prime candidate for a heart attack at age 48. Your blood cholesterol level is 310 mg/dL, you have high blood pressure, you’re overweight, and you don’t exercise.” Tommy left Dr. Vontz’s office feeling depressed, so he went to see a movie at the Multiplex Theatre in the Eastfield Mall. Although he was irritated by the commercials that were run prior to the showing of the movie, he thought that the movie was outstanding. After the movie Tommy dined on sprouts and seaweed at a health food restaurant. Not thrilled with the prospect of a continued health food diet of sprouts, seaweed, and sawdust, Tommy resolved to exercise more. He hoped that exercise would result in his losing weight and the lowering of both his blood pressure and blood cholesterol level. The morning following his visit to Doctor Vontz, Tommy had an intensive discussion with his wife, Jitsy, regarding his health and lack of exercise. Jitsy had joined the local Citywide Fitness Center the previous year with the expressed intent to “get in shape.” Subsequent to her joining Citywide Fitness Center, Jitsy had continually encouraged Tommy to join her at the Spa telling him “since starting my workout program I feel great and I think the exercise would be good for your health.” Tommy was steadfast in his refusal to join his wife at Citywide Fitness Center telling her that her “constant nagging about his health and exercise did nothing but cause an increase in his blood pressure.” However, following this latest discussion regarding Tommy’s visit to Doctor Vontz, Jitsy asked Tommy if he would at least accompany her to Citywide Fitness Center that morning to watch her exercise. Tommy agreed, saying “I’ll just drop you off and pick you up after your session is over.” Tommy did just that. He drove Jitsy to Citywide Fitness Center, dropped her off and returned to pick her up. Jitsy was not waiting outside of Citywide Fitness Center when Tommy arrived to pick her up so Tommy parked his car and entered Citywide Fitness Center to wait in the lobby until his wife was finished. Tommy found a seat in the lobby where he could sit and wait. While waiting for his wife, Tommy suddenly collapsed to the floor. A Citywide Fitness Center employee saw Tommy collapse and rushed to his side. He checked Tommy for breathing and a pulse. Determining that Tommy was not breathing, had no pulse and appeared to be unconscious and unresponsive, the employee directed that Emergency Medical Service (EMS) assistance be called. The Citywide Fitness Center employee then began administering cardiopulmonary resuscitation (CPR). The only medical aid that the employee was able to administer was CPR since Citywide Fitness Center did not have an automated external defibrillator (AED) on the premises. The employee continually administered CPR until two emergency medical technicians (EMT’s) arrived 12 minutes after being summoned. After assessing the situation and determining that Tommy was still not breathing, had no pulse and was unconscious, one EMT assumed the continued administration of CPR while the second EMT attached electrode pads from an a AED that was one item of the EMT’s emergency equipment. Following proper procedures the EMT administered a first shock, then a second shock, and then a third shock, in accordance with appropriate guidelines. The EMT was unable to discern a pulse. CPR was resumed for one minute. There still being no pulse, an additional set of three quick shocks was administered. Again no pulse was detected. Tommy was transported to the nearest emergency trauma center. While transporting Tommy to the trauma center, the EMTs continued with CPR and defibrillation in compliance with appropriate procedures. Upon arrival at the trauma center, Tommy’s care was transferred to the on-duty physician. Subsequent attempts to revive Tommy failed.

 Copyright 2009, Dr. Gordon Johnson, Dr. Leonard Rymsza, and Dr. Kurt Saunders

2

An autopsy performed following Tommy’s death indicated that he did not die from a heart attack but rather from sudden cardiac arrest (SCA). According to medical experts, the only accepted treatment to restore an effective heart rhythm in victims of sudden cardiac arrest is defibrillation using an automatic external defibrillator (AED). Cardiopulmonary resuscitation (CPR) alone is not effective in treating SCA. Tommy’s wife, Jitsy, is contemplating suing Citywide Fitness Center for negligence. On behalf of Citywide Fitness Center, Mr. Beau Flex has hired your firm to provide an analysis of the situation. Initially, Mr. Flex provided your firm with copies of letters exchanged between himself and Chaise Lounge. In addition, Mr. Flex provided your firm with some data relating to age at death and blood cholesterol levels.