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Cop saves baby, sues family
Filed under: Toddlers Preschoolers, Media
When Joey Cosmillo fell into the family's pool in January, he was rescued and resuscitated by emergency workers in Casselberry, Florida. Sadly, the child suffered brain damage and now cannot walk, talk, sit up or swallow. The 22-month-old lives in a nursing home and eats and breathes through tubes.
It's a tragic story made even more so by one of the officers who responded to the emergency call. Sgt. Andrea Eichhorn slipped and fell in the trail of water left behind when the boy's married carried him into the house. She broke her kneecap and was unable to work for two months. Her medical costs and salary were paid for by the city - or its insurer - and she returned to full duty months ago. But she wanted more and filed a lawsuit against the family accusing them of negligence.
After her callous lawsuit made the news Wednesday, hundreds of outraged citizens began calling and emailing the police station. The backlash led to her decision to drop the suit and her lawyer was expected to file the necessary paperwork Friday. In response to the public outcry, Police Chief John Pavlis has now filed a formal complaint against her and begun an internal investigation. She isn't accused of any wrongdoing, but the case is being re-examined.
I just don't even know what to say about this woman. I just hope her superiors find some way to remove her from the force as her self-serving interests are clearly at odds with her duty to serve others.
It's a tragic story made even more so by one of the officers who responded to the emergency call. Sgt. Andrea Eichhorn slipped and fell in the trail of water left behind when the boy's married carried him into the house. She broke her kneecap and was unable to work for two months. Her medical costs and salary were paid for by the city - or its insurer - and she returned to full duty months ago. But she wanted more and filed a lawsuit against the family accusing them of negligence.
After her callous lawsuit made the news Wednesday, hundreds of outraged citizens began calling and emailing the police station. The backlash led to her decision to drop the suit and her lawyer was expected to file the necessary paperwork Friday. In response to the public outcry, Police Chief John Pavlis has now filed a formal complaint against her and begun an internal investigation. She isn't accused of any wrongdoing, but the case is being re-examined.
I just don't even know what to say about this woman. I just hope her superiors find some way to remove her from the force as her self-serving interests are clearly at odds with her duty to serve others.
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ReaderComments (Page 1 of 1)
10-13-2007 @ 10:18AM
Inger said...I agree! This is unnecessary torture to that poor family.
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10-13-2007 @ 12:32PM
Ann Adams said...I read the link. That wasn't the only dumb thing that so called police officer did.
What was the mother supposed to do? Grab a mop while she was waiting for the ambulance?
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10-13-2007 @ 12:34PM
Ann Adams said...I should add that the vast majority of police officers do not behave that way. They serve quietly while the rotten apples make the national news.
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10-13-2007 @ 2:02PM
Molly said...I was shocked when I heard about this on CNN, and I'm so glad to see that it was dropped.
We wouldn't have police or fire departments if they turned around and sued every time they got hurt on a call. Isn't the basic tenet of those services to help those who need it, fully knowing that you could get hurt in the line of duty?
Thankfully, this complete lapse in common sense doesn't happen often!
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10-13-2007 @ 2:45PM
DaMoKi Bob said...Sandy,
I disagree a bit with the comments made above about the officer being a “rotten apple”. She made some administrative errors, 10 years ago, which apparently were not criminal and created no problem with her department, so that should not be an issue. Up until now, she has been an upstanding officer and citizen as far as I know. However, I understand the reactions, it is like a neighbor’s dog, which never bit anyone but you: “He’s such a sweet dog!” but you were still bitten.
For me, the issue is the lack of empathy displayed, not specifically by a police officer, but by one human to others. Though as a police officer, I would think her psych profile would have spotted a predisposition along these lines, particularly under these circumstances. Even with a lack of screening, and the inevitable changes we all suffer through time, her apparent lack of concern for the feelings of the baby’s family is appalling.
She claims constant and considerable pain and wants compensation. I do not blame her. Most of us want something we are short of at one time or another... I, for instance, wanted to be taller and have more hair. It is possible her attempts to cure lingering “problems” met with little positive response from the city or its insurer: I don’t know. She did receive full and pay, and all medical bills were covered. Yet, she may have believed the suit, albeit ill advised and insensitive, was the only alternative action. The thing about an alternative action is you can always select not to take it.
Therefore, without knowing all of the pressures details in her life, I will restrict my response to reflect an acerbic gut-wrenching feeling of distaste, disgust, and disappointment... your basic sulfurous denunciation
The apple may not be rotten, but there is a big ugly worm inside.
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10-14-2007 @ 1:20AM
Kris said...I agree with commenter number 5. Let's just put this in perspective. While yes, the police officer was doing a JOB...if the parents hadn't been so negligent in the first place and let their child DROWN then the services of the officer wouldn't have been needed. The officer slipped and fell on the job (in Canada that is a worker's compensation claim but apparently you don't have that in the US?) and that is what the majority of people have home liability insurance for. If someone is delivering a pizza to my home and falls down the stairs and breaks their neck because the stairs were slippery, I might also be facing a lawsuit.
I think the police officer had every right to sue and I think the reactions of the masses were a little like a lob mentality.
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10-14-2007 @ 4:23AM
mark said...F all cops. they care nothing of your guaranteed rights, this behavior only supports that
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10-14-2007 @ 9:10AM
Michelle said...DaMoKi Bob, My husband, a cop, has told me some stories. You'd be surprised what gets missed during psychological evals!
Kris, the officer would have been covered under her department's disbility insurance. She is just being greedy in the wake of a family's tragedy. My husband goes to work every day, knowing full well he could be injured in the line of duty. Usually you just think of a police officer being shot, but there is a plethora of physical injuries that can occur on the job. It's part of the job and you cannot go around suing for every twisted ankle, torn tendon or hangnail received while doing your job, serving and protecting the community. NEWSFLASH! WATER IS SLIPPERY. Besides, she was back to full-duty in 2 mos. This family will never have their child again. Let's put it in perspective. The officer's full salary and medical expenses were covered. The family will most likely go into financial ruin paying for their toddler's nursing home.
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10-14-2007 @ 7:40PM
DaMoKi Bob said...Kris,
I think you misread my post – please let me clarify. Since the officer's injury was not debilitating beyond her rehabilitation period, it does not warrant additional litigation against the family. This is why I referred to her decision to sue them as “appalling”.
If she has continual pain from the fall, she might have an actionable cause against the medical facility, doctors, nursing staff, and the cleaning crew, but not the family.
I you re-read the first sentence of my second paragraph (post #5), you may see yourself. By the way, if you are ordering or accepting pizza while you kid is drowning, you should be sued, and severely slapped.
The only reason to sue an individual is if you are the victim of ill intent, egregious misfeasance, or negligence. A trail of water from your dying kid fits none of the above. Moreover, it was certainly was not placed there intentionally. I would support suits for good reasons, in this case there simply are none.
Now, get a mop and order pizza...
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10-14-2007 @ 7:43PM
DaMoKi Bob said...Mark,
Take a pill dude!
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10-14-2007 @ 7:49PM
DaMoKi Bob said...Michelle,
Thanks for the note. I know you are right about the screening... just look at the 19yr old deputy who was not screened, and killed six of seven people at a party, then shot himself. Sad all around. But, Mark might say "Hey, there is no one left to sue!"
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