Estate of Gedson Madeira v. Bally Total Fitness of Mid-Atlantic, Inc.
On or about March 12, 2007, 34-year-old Gedson Madeira was swimming in the Bally’s Total Fitness facility in Revere, MA when he experienced an unrecognized fatal submersion. Although there were three (3) Bally’s employees on the premises at the time of the incident, none of them had been in the pool area at the time of the incident, the pool was not being monitored, and there was no video surveillance of the pool area.
Author: Gerald M. Dworkin
Date: October 08, 2012
On or about March 12, 2007, 34-year-old Gedson Madeira was swimming in the Bally’s Total Fitness facility in Revere, MA when he experienced an unrecognized fatal submersion. Although there were three (3) Bally’s employees on the premises at the time of the incident, none of them had been in the pool area at the time of the incident, the pool was not being monitored, and there was no video surveillance of the pool area.
While Ken Allison (a Bally’s member) was entering the whirlpool he observed Mr. Madeira underwater in the swimming pool, approximately 1/3 from the end of the pool, When Mr. Allison first observed Mr. Madeira, he assumed Mr. Madeira was holding his breath. But, after 30 seconds of not moving, Mr. Allison realized there was a problem at which time he jumped in the pool and yelled for help.
On-duty manager Ann Tith was alerted to the emergency by another member who had been in the pool area or sauna. Upon entering the pool area, she saw Mr. Madeira in the water in approximately 4’ – 4.5’ of water.
Mr. Madeira was then pulled from the pool by Ken Allison, former Bally’s employee Jack Jaques, and another (unidentified) member. According to Tith, CPR was initiated as soon as Mr. Madeira was removed from the pool and continued until medical aid arrived.
First Responders were called and were dispatched to the scene at 9:23 hrs. with an on-scene arrival time of 9:27 PM. While Ms. Tith and others were administering CPR to Mr. Madeira, no Automated External Defibrillator (AED) was available or used. No oxygen administration or positive pressure ventilation equipment was available or used, and no airway management equipment (i.e. suction or oropharyngeal airways) was available or used.
Cataldo Ambulance Service paramedics initiated and continued Advanced Cardiac Life Support measures on the scene. They transported Mr. Madeira at 9:47 hrs. and continued ACLS measures en-route to Whidden Hospital.
Upon arrival at Whidden Hospital at 9:54 hrs., Mr. Madeira was assessed to be in full cardiac arrest with no signs of trauma as reported by Dr. Young and Nurse Christine Warnock. ACLS measures were continued until 10:06 hrs. at which time Mr. Madeira was pronounced deceased by Dr. Young.
An autopsy was performed by John B. Parker, M.D. His findings were:
1. Unresponsive body of decedent found at bottom of heated pool
2. Trachea and bronchi contain excessive fluid with prominent pulmonary edema of lungs
3. Sinuses at base of skull contain excessive clear fluid
4. Internal and external examination of body does not reveal any signs of trauma
5. Clinical history of seizure disorder
Cause of death was listed as: drowning due to seizure disorder. However, according to Dr. Parker’s testimony, “I couldn’t by autopsy say he had a seizure disorder.” And, “he did not have a tongue injury which is occasionally noted in individuals having seizures.”