Cal State University Settles Heatstroke Case
In February of this year, the California State University system agreed to pay what is believed to be its largest settlement to date – $39.5 million – in a case that involved a college student who suffered catastrophic injuries from heatstroke that she suffered during a university fitness class that was held outdoors.
Exercising in Hot Weather
The subject incident happened in September of 2018 in San Bernadino. The female plaintiff was enrolled in a jogging class and was present and participating on the first day of actual exercise. The university’s instructor assigned a 5k (3.1 miles) run outdoors on a path that surrounded the campus despite the fact that the temperature at the time was 95 degrees, and students were not yet acclimated to exercising outdoors in such conditions. That combination of factors presented a high risk of heat-related illnesses, including heat stress and heatstroke.
Details of the Incident
The plaintiff was nearing completion of the run when she collapsed onto the hot concrete. She was exhibiting indications of severe heatstroke. Personnel from the university responded but did not initiate rapid whole-body cooling methods, which are recommended for heatstroke treatment. She was not moved to a nearby air-conditioned arena but instead was kept outside in the heat while waiting for paramedics to arrive. It was later determined that the instructor and the other university employees that were present that day had not received the required CAL-OSHA training in the treatment and prevention of heat illnesses prior to the incident.
Injuries Suffered by the Plaintiff
The heatstroke caused the plaintiff catastrophic injuries, including cardiac arrest, severe brain injury, and multiple organ failure. She was hospitalized for months, then required over a year of inpatient rehabilitation before she was able to go home to be with her family. She continues to experience severe impairments in her cognitive function, motor control, and speech. She requires continuing 24/7 medical care.
The University’s Attempted Defense
After a lawsuit was filed, CSU denied liability, saying that the plaintiff had negligently overexerted herself during the run. CSU also sued many of the plaintiff’s medical providers, contending that negligent medical care caused her injuries. During pre-trial hearings, the medical providers were dismissed due to a lack of evidence.
Trial Delays and Ultimate Settlement
The trial in the matter suffered a number of delays due to the pandemic, including the halting of the jury selection process, which was underway in December 2020 due to a COVID-19 surge. The trial was set to resume in February 2021, but the parties ultimately reached an agreement and obtained Court approval of the settlement.
Part of the settlement included a condition imposed by the plaintiff’s family that the California State University system would design and implement a policy throughout its schools for the prevention of heat illnesses. The program will include education and protocols for heat-related incidents. The plaintiff’s family wanted the policy put into place so that no other families will have to suffer the heartache they have endured. The heat illness policy will apply to all 23 Cal State University campuses with their nearly 500,000 students.
Watch the YouTube video. The clip below, posted by OSHA, is designed to bring awareness of heat illness symptoms.
Personal Injury Law Firm in Sacramento
Hello, and thank you for reading. I’m Ed Smith, a Sacramento personal injury lawyer. Negligence can lead to all sorts of serious injuries, and can even result in wrongful death. If you or your family has been harmed by the negligence of another person or entity, our compassionate injury lawyers can help. Call us at (916) 921-6400 or (800) 404-5400 for free and friendly legal advice. If you prefer, you may send your inquiries via our online form.
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Photo: by Matteo Fusco via Unsplash
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