Michael Futi – update

Michael Futi was 14 days old and flew to Honolulu for medical treatment with  his mother and a nurse.  He and the nurse held U.S. passports.  Customs and Border Protection detained them.  Michael Futi died.  His parents sued.  The decision was in July 2010.   Here is the the conclusion of the Findings of Fact and Conclusions of Law:

Without establishing the time that Michael would have arrived at Kapiolani, the court cannot determine whether Michael would have survived, much less whether he would have had a chance of survival. Further, even accepting Plaintiffs’ timeline, Plaintiffs have presented no evidence that had Michael arrived at Kapiolani by 6:08 a.m., he had any chance of survival. Specifically, no doctors and/or experts provide any opinion which allows the court to go beyond speculation in determining Michael’s chances of survival at 6:08 a.m. Accordingly, Plaintiffs have failed to establish that the loss of chance doctrine should apply to these facts.

146. In sum, the court concludes that Plaintiffs have not established actionable negligence on the part of the United States. As such, no discussion of damages is warranted or necessary.

Because of course your chance of survival is equal, whether you are locked inside a room with no monitor or on your way to a hospital.

You can read the whole thing here.


4 thoughts on “Michael Futi – update

  1. This is so so tragic and unjust. Is there anything that can be done at this point? At least for his family? Are you aware of any efforts to appeal? This is the first I’ve heard of Michael Futi, and my heart is breaking for his family.

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