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School district rejects lifesaving technology

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Updated: 2/21/2011 8:21 pm
What are the costs and risks of having lifesaving technology?

It's a question facing school districts when it comes to having automatic external defibrillators in schools.

When used correctly, AEDs can increase survival rates of sudden cardiac arrest by 25% to 30%.

In August, Corinne Ruiz helped donate an AED to Rosedale Union Middle School in honor of her daughter Olivia who died six years ago of a heart condition.  Ruiz is ready to donate three more, but the district says it can't accept them.

"This is my way of keeping my daughter, her memory alive," says Ruiz. "And, her death will not be in vain."

The district sent Ruiz an e-mail saying their insurance provider has advised them AEDs are too much of a liability.

"I read that. I said how can this be?" asked Ruiz. "How can too many AEDs create liability?"

Rosedale Union Superintendent John Mendiburu says the district's hands are tied by the way the law holds school districts accountable.

"If in the future our liability changes, then we would have no problem looking at it or re-visiting it," he said. "But, as of right now, the way the laws are written for school districts, we felt the one we had was sufficient."

But, Mark Storace of the Sudden Cardiac Arrest Association says AEDs are so advanced these days, anyone can use them.

"They are relatively fool-proof," he said. "There is really no liability. Even an untrained, unskilled person can actually use an AED by following the instructions."

As for Ruiz, she says she won't be deterred.

"I will not stop because my daughter is precious to me and she always will be."

Ruiz says she is talking with other school districts about donating the AEDs.
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The views expressed here do not necessarily represent those of KGET TV 17 - In the Spirit of the Golden Empire

seorsa - 10/4/2011 11:24 PM
0 Votes
There was a lawsuit in my County against a school district that had an issue with the maintenance. Apparently the battery was not strong enough and the student ended up with some type of permanent brain damage. Not sure but I think it was settled out of court. I do know that some AED vendors now provide the plan and medical direction for free, or for as little as 200 dollars. I think they will be ubiquitous, and the legal concerns will fade.

Chemruck - 2/22/2011 9:28 PM
0 Votes
Yes indeed. AED units are simple to use, and it is not difficult for someone to take a 4-hour CPR with AED course once every 2 years. However, there is more to the issue. California Civil Code 1714.21 (the AED Good Samaritan Law) states: "(d) A person or entity that acquires an AED for emergency use pursuant to this section is not liable for any civil damages resulting from any acts or omissions in the rendering of the emergency care by use of an AED, if that person or entity has complied with subdivision (b) of Section 1797.196 of the Health and Safety Code." In this case the "entity" would be a school district. And in that section of the Health & Safety Code there are requirements for medical direction, to have a written plan, to have at least one trained person per AED unit, to perform regular maintenance (replace batteries and electrode pads), and to check the AED unit for readiness at least once every 30 days. These requirements are reasonable and necessary. In addition, the California PTA has partnered with "The VIA Foundation," which provides an AED oversight program to schools free of charge. It is true that Senate Bill 1281 would have repealed section 1797.196 of the CA Health & Safety Code. However, that bill did not pass. If your loved one needs an AED unit one day, wouldn't you expect that the owner of the AED unit had cared for it properly and had ensured that at least one trained person was present in order to use it? I would. And that is why CA Health & Safety 1797.196 exists today.
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