City, NYPD Sued In Brooklyn Girl’s Asthma Death

Briana Ojeda's Family Seeks $17M In Damages After NYPD Cop Failed To Administer CPR

NEW YORK (CBSNewYork) — The family of 11-year-old Briana Ojeda has filed suit against the city after an NYPD officer allegedly refused to administer CPR to their daughter, who later died at an area hospital.

Civil Rights Attorney Bonita Zelman says the Ojeda family wants $17 million in damages from the city, the NYPD, NYPD Commissioner Ray Kelly, and Officer Alfonso Mendez, who stopped Briana and her mother on their way to the hospital.

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“[We’re suing them] for letting this child die and not making any effort for give her CPR, and to punish the police commissioner for not stepping up to the plate and immediately changing police protocol and procedure,” Zelman said.

Briana had suffered an asthma attack while playing in Carroll Gardens Park and was en route to the hospital when her mother, Carmen Ojeda, was stopped by Officer Mendez. Officer Mendez failed to administer life saving cardiopulmonary resuscitation, claiming he did not know how to perform it.

Briana passed away an hour after arriving at the hospital. Had Briana received CPR treatment, the tragedy may have never occurred.

The family is also working with Albany lawmakers on Briana’s Law, which would require police officers to be retrained in CPR each year. It would also make it a crime if a victim is left disabled or dies because of the failure to administer CPR.

Mendez was suspended with pay a few days after the girl’s death.

All police officers receive training to perform CPR, with retraining required every two years.

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  • Harmony Martin

    The mother is to blame for not having medication handy or for not administering to her daughter when the attack stopped. The police officer did nothing wrong as far as I can tell. What an idiot mother—trying to get all of the taxpayers to pay for her ignorance/child neglect!!!

    • Shawn B

      If you read the original story of the incident in the NY Post, it explains that the mother did have treatment “equipment”, but was rushing her to the hospital because it malfunctioned.

  • ray

    The mother should have been arrested and thrown in jail for causing the death of her daugher. Any cop would have pulled her over after seeing her drive down the wrong way of a one way street while crashing into parked vehicles. This is a classic example of a mother who now wants to extort money from the city and blame everyone for her daughter’s death but herself. Why didn’t she call an ambulance or administer CPR herself? Any mother who has a daughter with asthma would take the time to learn CPR. Shame!

  • Brooklyn Family Sues City Over Asthma-Related Death – NY1:about asthma | Asthma Tips

    […] lawsuit against the city Sunday. …Ojeda Family wants support for Briana's Law7Online.comFamily Sues City, NYPD After Cop Failed To Give Daughter CPRCBS New Yorkall 4 news […]

  • JMan

    Stuart you are absolutely right on with that comment

  • Stuart

    Pingback – Officer Alfonso Mendez now how ‘white’ is that! And 450vusmade is absolutely right. What has race got to do with it? A poor tragically girl died. Only the prompt application of relevant medication in an acute asthma attack had a chance of saving her. CPR would serve of no use only delay the time to the hospital and this officer escorted them them there. It was the mothers driving that got them pulled over in the first place and on a hot day why was the young girl running round in the park and her mother with no asthma meds?

    Tragic it certainly is. Preventable we may never know. However, the combination of allowing a sick child to play on a hot day, with no meds and poor driving are as much contributions to this unfortunate death. What would have happened if the officer had not stopped the mother and she had killed a pedestrian (someone child) or cyclist, would the police officer be responsible for their deaths as well?

    For any child to die is unfair to loving parents but $17,000,000 is not going to bring her back. Sue the city. Why not! After all we ALL pick up the bill. Use 17m on child/parent education and responsibility not to line lawyers pockets.

  • Brooklyn Family Sues City Over Asthma-Related Death – NY1

    […] city. A lawyer for the family of …Ojeda Family wants support for Briana's Law7Online.comFamily Sues City, NYPD After Cop Failed To Give Daughter CPRCBS New Yorkall 3 news […]

  • 450vusmade

    You are an idiot-it was a hispanic officer and girl. You are the racist in this equation.

  • karma

    CPR was not going to save her. When you are having an acute asthma attack you need asthma medications. CPR isn’t going to cut it since her airways were all constricted. They should have called an ambulance.

    • DanTe

      Never try to confuse these people with SCIENCE, “karma”. Their bony little heads will never take it.

  • Louis Blaine

    What makes you think they care about anyone?

  • WEW

    You didn’t read the story did you ? just looked at the picture and assumed the officer was white ?

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