City settles for $2 million in toddler’s death that parents blame on EMT negligence

PHOENIX (KTVK/KPHO/Gray News) - The city of Phoenix is taking accountability in the death of a 2-year-old boy in the form of a $2 million settlement. The boy’s parents say he died because of negligence on the part of first responders.

Before his death, 2-year-old Abraham Clugston was a healthy and happy little boy. But when something went wrong in April 2022, his parents say the first responders they trusted to save him are the reason he died.

“What they did that day is they failed not only my clients but they failed the community,” said Breann Slack, the attorney for Abraham’s parents.

According to a lawsuit against the city, the boy’s mother called 911 after she noticed him compulsively shaking in the middle of the night. When paramedics arrived in a fire truck, court documents claim crews downplayed the seizure, chalking it up to a fever.

Slack says the EMTs told Abraham’s mom not to worry, despite her begging them to take him to the hospital. Instead, they suggested she give him over-the-counter pain medication.

“‘You’re overreacting. He’s gonna be fine. Just monitor him. It’s normal. He doesn’t need to be transported,’” said Slack, recalling what her client was told by firefighters on scene. “Because of that, he lost his life that day.”

Records show five hours later, Abraham was found unresponsive. His parents called 911 again, and this time, an ambulance rushed him to the hospital.

Slack says an autopsy listed his cause of death as complications of a viral infection.

“Had Abraham been transported to Phoenix Children’s Hospital after his first evaluation by EMS, his chances of death were less than 10%,” said Slack, reading a medical expert’s opinion of the case.

The city of Phoenix is now taking accountability in Abraham’s death by agreeing to a $2 million settlement for his parents.

“I don’t know if there will ever be closure,” Slack said. “I do think it is a step in the right direction for them to find some sort of peace.”

A city spokesperson said an internal review of this situation led to some reform within the Phoenix Fire Department, including updates to policy and training.

While not directly related, Arizona law changed just a few months after Abraham’s death. EMTs are no longer allowed to give patients a presumptive diagnosis and then use that diagnosis as the reason to discourage emergency transportation to a medical facility.

Slack hopes that the law is followed and prevents future tragedies.

The Clugston family released the following statement:

From the very beginning, we knew that the City of Phoenix did wrong by our son Abraham, whether it was poor decision making that day or it was a flaw in the procedure that needed to be exposed and addressed. Abraham’s death could have and should have been prevented and while there’s nothing that can be undone, our hope is that in addition to the laws that have already been changed since Abraham passed away on 04.14.2022; that Abraham’s Legacy will be to SAVE more lives, moving forward so that any child who has a seizure for the first time in their life won’t be at the mercy of a 911 operator or the general consensus of the first responder team, but rather will be immediately transferred to the emergency room, where they’ll receive the best and most qualified opportunity to live. We also hope that this case will spawn more resources for parents who uniquely lose their children needlessly, and must journey through the complicated and aggravated grief that is only part of the collateral damage caused by an avoidable & Wrongful Death.