Fraley family sues paramedic, Orange County

After 18 months of unanswered questions about their son’s death, a high school student’s family is taking legal action.

Malinda and David Fraley are suing former Orange County paramedic James Griffin, county emergency medical services and Orange County itself for wrongful death by negligence.

Their son, Atlas Fraley, 17, died in his home after a football scrimmage on Aug. 12, 2008.

Fraley had complained of muscle cramps and a headache at the scrimmage. Home alone, he called 911 at about 1:45 p.m. to request intravenous fluids to treat what he said was dehydration.

When Fraley’s parents arrived home less than five hours later, they found their son dead on the floor, surrounded by bottles of water and Gatorade.

The Fraleys filed a wrongful death action against Griffin, the former Orange County Emergency Services paramedic who responded to Fraley’s call and advised Fraley to hydrate and work out his muscle cramps.

Griffin allowed Fraley to sign his own medical release form despite his legal status as a minor.

He resigned 15 days later.

“If James Griffin had done his job and transported Atlas to UNC Hospital, which was only 2.2 miles from his house and less than a 5 minute ride in an EMS vehicle, more likely than not, Atlas would be with his parents,” the family’s attorney, Donald Strickland, said in an e-mail.

Griffin is being sued for negligence both as an individual and his position as a former paramedic.

This means the Fraley family could collect damages from both Griffin personally and from Orange County.

The lawsuit, which was signed Jan. 27, states that Griffin said he called both of Fraley’s parents during the ordeal using his EMS cell phone, contending that “he reached voice mail messages for both parents but did not leave a message with either.”

The North Carolina Department of Health and Human Services requested the phone records, but Orange County failed to provide them by the time the department closed its investigation in March 2009, the complaint states.

The complaint quotes Jane Brice, the medical director for Orange County Emergency Services, who reportedly said she had never had a paramedic violate so many practice privileges since she assumed the position.

It also cites 13 EMS protocols Griffin was determined through a disciplinary review board to have violated. Although the review board did not strip Griffin of his credentials as a paramedic, he cannot work in Orange County again until he repeats training.

The family is suing for a lump sum to cover incident and funeral expenses, Atlas Fraley’s pain and suffering and the “present monetary value” of Fraley to his parents.

The court document states that the Fraleys are eligible for more than $10,000 in damages.



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