Three Warren County Ambulance District paramedics have been named in a wrongful death lawsuit filed by Michael and Terry Reese on behalf of their daughter Payton, who passed away in 2022.
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Three Warren County Ambulance District paramedics have been named in a wrongful death lawsuit filed by Michael and Terry Reese on behalf of their daughter Payton, who passed away in 2022.
Payton Reese died of an asthma attack in Warren County on Sept. 21, 2022, and the lawsuit alleges that paramedics Holly Whelchel, Heather Wolter and Joseph Vaughan, failed to administer the proper treatments to save her.
According to WCAD Chief Darren Lenk, Whelchel is no longer employed by the district and Vaughan retired on July 31. Wolter still works with the district.
The lawsuit was filed by attorney John Lynch on July 30 and all three defendants have since received a court summons. The ambulance district was not named in the suit.e
The lawsuit outlines the circumstances of Payton Reese’s death, when she experienced an asthma attack. She was being transported to the hospital by her boyfriend Trey Scott when she slumped over in the passenger seat.
According to the lawsuit, Scott then flagged down a nearby Wright City police officer who dispatched emergency services.
When the three paramedics arrived, the lawsuit alleges they did not administer the proper care, directly leading to Payton Reese’s death.
“While at the scene, defendants Whelchel, Wolter and Vaughan rendered negligent care to Payton (Reese), where they failed to adequately assess, treat and secure her airway, resulting in her preventable death at the scene,” reads the lawsuit.
The lawsuit then lists a litany of steps the paramedics did not take that could have prevented Payton Reese’s death.
“As a direct and proximate result of the defendants’ actions and omissions, Payton (Reese) suffered a respiratory arrest, was deprived of a patent airway and died at the scene, causing grievous harm to her parents and beneficiaries under Missouri’s wrongful death statute,” reads the lawsuit.
The Reeses are seeking punitive damages and a jury trial against the three paramedics under counts of negligence and a wrongful death.
In Missouri, first responders have qualified immunity from civil suits and damages when working in the line of duty, but that immunity includes exceptions for gross negligence, according to the Missouri revised statutes.
Gross negligence is a legal term that goes above ordinary negligence, representing “ a heightened degree of negligence representing an extreme departure from the ordinary standard of care,” according to the Cornell Law School’s Legal Information Institute.
Lynch and the Reeses assert the care administered to Payton Reese on the evening of her death amounts to gross negligence.
“We did see something that was worth pursuing,” said Lynch. “We believe they engaged in gross negligence and we intend to pursue that in court.”
Lynch also added that Payton Reese’s death was a tragedy.
Lenk distanced the ambulance district from the lawsuit, saying they are not directly involved.
“We are not a party to that litigation,” said Lenk. “We value the great service and years of education and continual professional training possessed by our dedicated EMT/paramedic staff.”
Attorneys for the defendants refused to comment.
There are not currently any court dates scheduled for the lawsuit.
