Wrongful Death

SETTLEMENT ARISING FROM FATAL HELICOPTER CRASH LEADS TO VOLUNTARY SAFETY IMPROVEMENTS.

Scolland v. Eurocopter, S.A.S., Neb., Lancaster Co. Dist., Nos. CI-02-2621, CI-02-2622, CI-02-2620, Apr. 1, 2008.

Medical helicopters play a vital role in quickly transporting patients from accident scenes to hospitals, where they can receive life-saving care sometimes hours before it would otherwise be possible. A defect in a medical helicopter, however, not only prevented it from carrying out such a mission, it also claimed the lives of three emergency responders.

After takeoff, the pilot, Phillip Herring, radioed that he was having a binding problem with the pedal that controlled the pitch of the tail rotor. Shortly after, witnesses saw the LifeNet medical helicopter spin out of control and crash. Phillip, 43, died on impact. Both flight paramedic, Patrick Scollard, 40, and emergency room nurse Lori Schrempp, 41, survived the impact. Patrick, who was able to talk, was crying out in pain for about five to 10 minutes after the crash as he lay in the wreckage. Emergency providers at the scene were hesitant to approach the wreckage because the helicopter was spewing fuel, and they were afraid it would blow up. They eventually reached Patrick and Lori, but both died en route to the hospital.

The three responders were survived by their spouses. Patrick was also survived by three children, and Lori by two. All were minors at the time. Each of the responders had been earning approximately $60,000 annually. The parties settled before trial, however, for $18.4 million, which includes recovery for lost earnings; loss of love, affection, and companionship; and their loved ones’ loss of enjoyment of life. Defendants’ contributions to the settlement and the apportionment among the plaintiffs are confidential.

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