Has The NBA Corrected It’s Life Threatening Negligent Ways?
By Robert Iam360Wise Alexander
#ZekeUpshaw – who was an NBA Player playing in the Developmental League when he had a sudden cardiac event, collapsed and died on the court making him the first NBA Player to die while playing in an NBA Game. We have sued the National Basketball Association, the Detroit Pistons, and the Arena. There is a 100% survival rate from a sudden cardiac event if you use a defibrillator immediately! How is it that the NBA with all of its profits did not have a defibrillator on hand to be used in the arena? Keep Zeke’s family in your prayers! —-Attorney Ben Crump
Let’s review this tragic situation
The Upshaw family has every right to blame these four parties—the NBA, the DeltaPlex Arena, the Pistons and the SSJ Group (which co-owns the Rapid with the Pistons). The NBA is named as a defendant because it runs and organizes the G League. It is thus responsible for legal matters impacting the G League.
Maybe before anyone jumps to judgement and attempts to refute this situation lets think together on these logical terms, you are a athlete and you get paid to stay in shape and play to the best of your ability in your giving profession. If you get hurt on the job your employer is totally responsible to be equipped with the proper resources to apply proper medical attention for him or her whom has succumbed illness or injury.
Attorney for Crump depict the defendants as negligent, meaning they allegedly failed to exercise the kinds of ordinary care, skill and ability that would be expected in the circumstances that befell her son. Along those lines, the attorneys insist that the NBA was negligent because, in comparison to other professional sports leagues, it failed to act reasonably.
To build out this argument, the attorneys maintain that the NBA behaved unreasonably in the following regards:
• Failed to take a complete and thorough medical history.
• Failed to perform a complete and thorough physical examination.
• Failed to use a defibrillator to resuscitate Upshaw.
• Failed to perform CPR.
• Failed to adequately respond to and treat Upshaw.
• Failed to select, screen, train and employ only qualified personnel.
• Failed to enact and enforce all necessary policies and procedures to ensure player safety.
• Failed to have proper policies and procedures in place to detect players who could potentially suffer a sudden cardiac event.
• Failed to provide qualified and trained medical staff.
The complaint also asserts that the NBA has long been on notice of the risk of “sudden cardiac deaths”—which the Mayo Clinic defines as a “sudden, unexpected death caused by loss of heart function” and which causes about 325,000 adult deaths in the United States each year. Sudden cardiac arrest is not synonymous with a heart attack. In fact, the two maladies refer to different physiological occurrences: whereas a heart attack occurs when a coronary artery is blocked, sudden cardiac arrest describes the heart abruptly developing a dangerously fast beat on account of a heart-related electrical problem. The Mayo Clinic notes that sudden cardiac events usually lead to death “unless emergency treatment is begun immediately.”
MEDIA ADVISORY: “Attorneys Ben Crump, Bob Hilliard to file lawsuit against NBA in the death of Zeke Upshaw” (link)
(published May 29, 2018)
LAWSUIT: Filed in the United States District Court for the Southern District of New York on May 30, 2018 (link)
(published May 30, 2018)