In the mid 90’s defibrillators became available for emergency care to treat victims of cardiac arrest-heart attacks. CPR has significantly fewer positive results than defibrillators. Defibrillators are user-friendly and can be used by rescuers without formal training. Defibrillators have the advantage of limited legal immunity for rescuers. Today’s case involves the nonuse of a defibrillator.

STUDENT COLLAPSES AT PALMS MIDDLE SCHOOL IN L.A.

Maxwell Tillinghast collapsed at Palms Middle School. He was running track. The 911 operator asked if the school had a defibrillator. Teachers desperately trying to resuscitate the 13-year-old said no. In fact, the school did have one in the main office however no one ever told the teachers. According to evidence before the Second Appellate District Court of Appeal, Tillinghast would have had a 90% chance of survival if defibrillated within three minutes. He died. The Los Angeles Unified School District had promulgated a defibrillator policy in 2012 but no one at the school district told the teachers.

HEART ATTACK VICTIM’S FAMILY SUES SCHOOL DISTRICT

Tillinghast’s father sued the school district’s responsible employees. The district took the position that the young man’s life “simply couldn’t be saved. An AED on this child would not have been effective because of the state of his heart… unfortunately mistakes were made…”

Tillinghast’s attorney emphasized that defibrillators were successful 90% of the time when used within the first three minutes.

JURY AWARDS $15 MILLION

The jury awarded Tillinghast $15 million, ruling against the school district. The medical experts gave opposing opinions with the district’s expert claiming that “an AED would not have made a difference in this case.”. The families expert argued that the used of an AED by school staff would have saved the young man’s life. The latter proved the compelling argument.

PORTER’S PERSONAL NOTE

If you are the first on the scene of a heart attack and there is a defibrillator nearby don’t be afraid to use it. It is designed to be helpful even with inexperienced rescuers. Good faith rescuers generally have legal immunity from subsequent lawsuits.

Jim Porter is a retired attorney from Porter Simon, formerly licensed in California and Nevada. Porter Simon has offices in Truckee California and Reno, Nevada. These are Jim’s personal opinions. He may be reached at jameslporterjr@gmail.com. Like Porter Simon on Facebook. ©2025