HFD veteran loses job, pension over boy's death

By LEIGH HOPPER

August 1, 2000 Web posted at: 1:01 PM EDT (1701 GMT)

In this story: Conflicting accounts Two weeks from pension RELATED STORIES

HOUSTON, Texas (The Houston Chronicle) -- A 20-year veteran of the Houston Fire Department has been fired and denied his pension amid complaints that he failed to provide medical services to a 12-year-old boy who later died.

After reviewing the lengthy report of the city's investigation into the June 17 incident, Chief Lester Tyra on Monday said Sergio Lopez was placed on "indefinite suspension," the equivalent of termination.

Tyra said Lopez will appeal the decision.

"This incident reflects poorly on all members of the Houston Fire Department," Tyra said, reading from prepared remarks, and offering apologies to the family of the boy who died. "One incident is too many when you're a provider of critical emergency services."

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The firing is the third in two weeks. Tyra terminated two emergency medical technicians July 24 after the June 10 death of 35-year-old Jose Ruiz, who complained of stomach pain but was not taken to a hospital. He died at home several hours later.

The department also is under criticism for a complaint alleging that an ambulance crew stopped for doughnuts while transporting a child to the hospital.

The Texas Department of Health said Monday it is investigating all three incidents.

Daniel Lopez, a sixth-grader in the Aldine school district, died around 9:26 p.m. June 17 from a rare aortic aneurysm, nearly 4 1/2 hours after his arrival at Ben Taub Hospital.

His relatives complained that they sought medical help at Fire Station 18, located at 619 Telephone Road, three times between 3:35 p.m. and 4:30 p.m. that day. According to the investigation, Sergio Lopez, an emergency medical technician, did not take the boy's vital signs or call an ambulance. Family members later drove the boy to the hospital in their car.

Although the station's ambulance was out on another call all afternoon, dispatch records show that two units were available at that time at another location 2.2 miles away.

According to Tyra, and the Inspector General's report, which was made public late Monday, Sergio Lopez, 41, was the only Spanish-speaking firefighter present at the time.

The report states that he violated department guidelines by failing to check the boy's blood pressure and temperature, failing to monitor those vital signs, not calling an ambulance and not notifying a supervisor of the situation.

The Fire Department's policy states: "Transport all pediatric and adolescent patients to an appropriate medical facility regardless of their appearance or situation unless non-transport is authorized by the appropriate base station physician."

The report offers conflicting versions of what took place that day.

Sergio Lopez said he offered to call an ambulance for the boy several times, but that the adults accompanying the child declined.

The boy's aunt, Glenda Escobar, who accompanied the boy on his third trip to the fire station, told the investigator that she asked Sergio Lopez to call an ambulance for Daniel, but was told no ambulances were available. She also said the firefighter told her to take Daniel by private car because of the expense of ambulance transporatation.

EMS Medical Director David Persse said that under Fire Department policy an adult "can authorize nontransport. (But) it has to be cleared by a supervisor and base station physician. ... It's another level of protection."

Although two other firefighters, Senior Capt. Roger Bobo and Paul Knapp, were present at the station, Tyra said he did not hold them responsible because "they had no reason to believe Lopez wasn't following standard procedure."

Daniel Lopez was visiting his 21-year-old sister when he began feeling nauseated and felt pain in his left shoulder.

About 3:30 p.m., he walked a short distance with a female relative to Fire Station 18, where he vomited.

Sergio Lopez told city investigators he offered to call an ambulance but the woman, Daniel's sister's mother-in-law, said she was not related to Daniel and did not want to assume responsibility.

The woman, Lucia Mendez, told investigators that the firefighter suggested that she take Daniel home and give him a cold bath.

About 30 minutes later, Daniel and the woman returned, saying that the boy's pain had worsened. Sergio Lopez said he again offered to call an ambulance, but the woman declined. Mendez said the firefighter told Daniel he probably had a virus and should go home and lie down.

Twenty minutes later, Daniel, accompanied by his aunt, and his sister's mother-in-law, returned. Now Daniel was complaining of pain in his stomach, chest and back, as well as his left shoulder.

Mendez said the firefighter repeated that the problem was a virus and there was no ambulance and that it would take 30 minutes for an ambulance to reach the station. She said he advised them to take their own car because of the cost of the ambulance.

Sergio Lopez told investigators he never mentioned cost, only that there would be a delay.

Tyra seemed upset as he delivered his prepared statement Monday afternoon. Sergio Lopez has children of his own, the fire chief said, and had a "distinguished" record.

"Knowing this firefighter, I'm disappointed it happened," Tyra said. "I think complacency is the operative word."

Valorie Davenport, the lawyer representing the firefighter in a civil lawsuit, said Sergio Lopez, who was two weeks away from collecting his pension, had a "spotless" record and enjoyed playing Santa Claus for neighborhood children during the holidays.

"Today they fired Santa Claus," said Davenport. "He is an exemplary firefighter."

John Tavormina, an attorney representing the parents of Daniel Lopez in a wrongful death lawsuit against the city, said, "They've now fired three firefighters that were directly involved in these two tragic deaths. It seems to me that the problem is much bigger than the individual firefighters."

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