Jury awards family of police officer damages from air ambulance crash.

Hospitals across America should take a close look at their policies and procedures related to the selection of contractors who provide air ambulance helicopter services. In September 2003, jurors in Roswell, New Mexico, awarded the parents of deceased Damon Talbott substantial damages after a week-long civil suit against Eastern New Mexico Medical Center (ENMMC) in Roswell.

Michael L. Slack served as lead trial counsel in the case. Mike Worley of Sanders, Bruin, Coll & Worley of Roswell was trial co-counsel. Assisting during trial were John “Rusty” Allman and Susan S. Vance of Slack & Davis, and Clay Paulos of the Sanders firm.

Twenty-one-year-old New Mexico State Police officer Damon Talbott was killed Oct. 19, 2001, when a helicopter owned by Medical Air Transport (MAT) crashed during an exercise intended to be a safety demonstration for New Mexico State Police. The helicopter was based at ENMMC, which had entered into an agreement with MAT to provide air ambulance services from the hospital’s helipad.

“Evidence introduced at trial showed that MAT had a poor safety record and that the ENMMC administrator assigned to check out MAT had failed to do so. Other evidence showed that MAT’s chief pilot had failed a check-ride, as had three other pilots, and that MAT’s chief flight nurse had resigned over safety concerns. Any due diligence by the hospital would have resulted in MAT not being hired as the contractor,” Slack said.

During testimony, the ENMMC administrator admitted to having no prior experience selecting helicopter contractors and did not know what he was looking for or how to select competent air ambulance contractors.

“The hospital alleged that there was no agreement between ENMMC and MAT, but the court found, as a matter of law, that the parties had entered into an agreement for MAT to provide air ambulance helicopter services to the hospital,” Slack said.

Jurors took only a few hours to return a unanimous verdict, finding the hospital corporation guilty of negligence in connection with its selection and investigation of MAT.

“Community values were at stake in this case: accountability, responsibility and safety. We felt that the hospital occupied a position of public trust in the community and it had defaulted on its obligation. Instead of accepting responsibility for its role in this tragedy, the hospital pointed at others, which is not something that a keeper of the public trust should do,” Slack said.

“We hope all hospitals, not just Eastern New Mexico Medical Center, will look at their policies so this will never happen again,” said Kim Talbott, Damon’s father. He remarked that the resolution of their lawsuit could not heal the wounds of losing their son, who began his career as a State Police Officer 10 months before he died.

“Our community stood up and said that what happened to Damon Talbott wasn’t right and that hospitals across America, as well as air ambulance helicopter operators, must recognize the risks associated with air ambulance helicopters. Hospitals play a vital role in this process and the public deserves strict scrutiny of prospective contractors,” Worley said.

“Damon was a fine role model, actively involved in Future Farmers and other community activities. When you look at the potential contributions of an individual like Damon Talbott to his family, community and society, the non-economic value of his life should be at least equal to his earning power over his lifetime. The jury agreed,” Slack said.

ENMMC was the only one of five original defendants to go to trial in lawsuits related to Talbott’s death. The other parties settled with the officer’s family prior to trial.

Prior to trial, ENMMC had made no settlement offers to plaintiffs. The hospital does business as Eastern New Mexico Medical Center but is formally known as Roswell Hospital Corporation and is a member of the Community Health Systems Group.