A Michigan appeals court revived a lawsuit against Metro Detroit paramedics after a woman who had been declared dead gasped for air with her eyes open when a body bag was unzipped at a funeral home.
A judge was wrong to dismiss the lawsuit in favor of Southfield paramedics before the parties could conduct interviews and gather other evidence, a process known as discovery, the court said in a 3-0 opinion Thursday.
Timesha Beauchamp, who had cerebral palsy, was struggling to breathe when her family called 911 in August 2020.
The medical crew tried to resuscitate her but ultimately called a doctor, who declared the 20-year-old dead without going to the home. Beauchamp was never taken to a hospital.
Later that day, a funeral home unzipped the body bag and found Beauchamp had her eyes open. She was rushed to a hospital but died two months later.
Beauchamp’s family accused the medical crew of gross negligence. Oakland County Judge Nanci Grant dismissed the lawsuit, saying the Southfield employees had governmental immunity.