Clearwater paramedics fired after declaring man dead who was still alive
CLEARWATER, FLa. - Almost three months ago, Thomas Maxwell was declared dead by Clearwater paramedics – but he wasn't. Now, the two first responders who were initially placed on administrative duty have been fired.
Chief Scott Ehlers of Clearwater Fire & Rescue made the announcement during a Friday press conference, identifying the medics as Sebastian Pickens and Jacob Rivero.
"I want to apologize to the family," he stated. "I’ve been doing this for 45 years. The job of a firefighter is to help people. They didn’t help anybody."
The chief said the medics failed the patient, his family and the citizens of Clearwater.
Rivero was hired in April 2017. Pickens has been employed since October 2020.
On Feb.15, Thomas' heart stopped. His daughter, Phebe, found him lying on his bedroom floor unresponsive. She started administering CPR as her mother dialed 911.
According to Chief Ehlers, Rivero and Pickens arrived at 10:00:35, and made it to the patient's location at 10:01:49. An initial assessment was made, such as checking for a pulse and respirations. They reported Thomas was not breathing, without a pulse, cold to the touch, and "completely unresponsive," according to their termination and dismissal notice.
The medics pronounced Maxwell dead at 10:01:58. One minute later, the chief said, Pickens "witnessed the patient take at least one breath," shared the information with his partner, but they didn’t take any other action.
"They missed the basics that they should have accomplished, and that is the lowest level of training as basic life support," Ehlers said.
Despite having life-saving equipment with them and more on the way, Ehlers said the medics didn’t use any of it. He said they both have years of training that they didn’t follow.
"I feel like they just wanted a paycheck, just another day … ‘We’ll say, okay, ‘then we’ll throw a sheet over him,’ and that’s what they did," Phebe Max well said.
According to Phebe, when two Clearwater Fire and Rescue medics showed up, they checked her father's wrist for a pulse and said he was dead. That's when she pleaded with them, saying he was, in fact, still breathing.
"In addition, you also failed to reassess the patient even after the patient’s family told you that the patient was still alive," the termination notice said.
FROM FEBRUARY 2023: 'He's not dead': Clearwater medics on administrative duty for declaring man who was breathing dead
"I said, ‘No, he’s not he’s not dead,’" Phebe explained to FOX 13 in February. "I said, ‘He’s making noises.’"
However, one of the medics told Phebe "Well ma’am, that’s the body emptying itself of gases," she stated. She said they also told her to stop CPR.
Phebe recalled the moment, saying she was screaming. Her mother and friend tried to pry her off her dad as she yelled to, "God and to everyone."
Phebe wipes away a tear during an interview with FOX 13.
"I'm still saying, ‘He’s not dead."
A Clearwater Fire and Rescue spokesperson confirmed to FOX 13 in February that the two medics from Station 47 pronounced Thomas deceased. The spokesperson said when the Pinellas County Sheriff’s Office arrived at the home in an unincorporated part of the county, the medics left, and a deputy noticed Thomas was breathing.
The deputy wrote in the report that she and a sergeant walked into Thomas' room, pulled back a white sheet, and heard him gasp for air. The deputy said she told the sergeant one of the medics said Thomas would have short gasps for air, called agonal breathing, signaling someone is near death.
"At that point, they should’ve re-evaluated," Chief Ehlers said. "They had a tremendous amount of life-saving support. They missed the basics and that is at the lowest level of training. Basic life support."
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The Pinellas County deputy's report stated, however, Thomas continued to have bursts of short breaths, which the sergeant found to be odd. They both felt a faint pulse and called for a different medical crew to respond.
"If that deputy wouldn’t have been there, it would’ve been my dad leaving here in a body bag," Phebe said.
Largo Fire Rescue crews arrived 28 minutes after the first 911 call and brought Thomas to the hospital. He spent nearly a week in the hospital, some of it in the intensive care unit. While he’s home now, Phebe said her dad is having an extremely hard time remembering things, and their medical bills are stacking up.
"What’s a life worth? Nothing? What would they do if it was their mother or something?" Thomas asked.
Phebe said while she’s glad the medics are fired, it doesn’t erase the pain she and her family still fee from that day.
"They might be able to sleep at night, but I can't sleep at night anymore. You know, I'm up checking on him all the time. If he doesn't answer me right away now, during the day, I rush in there and make sure he’s ok," she said.
Phebe hugs her father, Thomas.
Phebe said they both now have a hard time trusting first responders.
"That cuts to the core of my heart. Again, I've been doing this for 45 years. Our whole purpose for this is for the people that are out there. That is why we are what we are. That is why we're paramedics. That is why we’re firefighters. It tears me apart to see individuals in this profession that do not have the compassion for the individual," Ehlers said.
Clearwater Fire and Rescue placed the medics on administrative duty after the incident, and they were clinically suspended by Pinellas County’s EMS medical director, meaning they can’t provide any patient care.
"On behalf of the city, I apologize for the actions and the inactions of our crew during this incident," Ehlers said in a statement at the time. "We have strict policies and procedures in place that were not followed, according to our preliminary review. These two did not perform to the standard of care that our citizens expect and deserve. We will address this incident swiftly."
Reporters briefly spoke to Thomas following the announcement in his driveway, before he headed to a doctor's appointment. When asked if he thought they deserved to be fired, he said, "Yeah, I do."
The paramedics' state certification could be revoked by Florida officials. A Pinellas County medical director will now take the investigation documents and look into whether a recommendation should be issued.