The parents of a 35-year-old Conshohocken, Pennsylvania woman have received permission from a U.S. District Court Judge to file wrongful death and negligence lawsuits against emergency responders who reportedly failed to try to revive her. The judge dismissed negligent infliction of emotional distress claims against AtlantiCare Regional Medical Center, AtlantiCare MICU medics and the doctor who declared the woman to be dead.

The wrongful death and negligence lawsuits arise out of the woman’s death Feb. 15, 2009, in Sea Isle City. She was visiting the New Jersey town for a charitable event and had gone out for dinner and to a bar the night before she died. She was found the following morning by a fisherman on the banks of 42nd Place bay. According to the autopsy that was performed she died of hypothermia.

The woman was last seen leaving the bar five hours earlier with a friend. The exit was captured on a security camera. Despite an investigation, it is unknown how or why the woman ended up lying on her back in the mud on the banks not far from the bar.

The Sea Isle City Solicitor said the first responders to the scene determined the woman was dead. That determination was reportedly based on several factors. Accordingly, they did not attempt to resuscitate the woman and took steps to preserve the area as a possible crime scene.

The woman’s family believes the woman could have been alive that morning and that the inaction of the first responders allowed her to die.

We will continue to monitor this case and post updates as they become available.

Source: The Press of Atlantic City Media Group, “Tracy Hottenstein’s parents allowed to pursue wrongful-death lawsuit against emergency workers in Sea Isle City,” Michael Miller, Aug. 31, 2011