Wrongful death lawsuit filed over Philadelphia EMS response
A Philadelphia man who requested medical help died after emergency services personnel responded to his home but left without attempting to forcibly enter it, a new lawsuit alleges.
Roberto Santiago Sr., 57, activated a medical device requesting EMS to respond to his home in the early hours of April 24, 2024, while in medical distress, according to a complaint filed this week against the city of Philadelphia.
When EMS personnel arrived around 2:55 a.m. that day, a neighbor on the second floor of the residence informed them Santiago was home and directed them to his residence, according to the Igwe Firm, which filed the complaint on behalf of Santiago's family.
EMS personnel knocked on his door at 3:01 a.m. but there was no response because Santiago was incapacitated, according to the law firm. They left several minutes later without attempting to forcibly enter his home, the Igwe Firm said.
Santiago died due to cardiac arrest, according to the law firm. His son, Roberto Santiago Jr., said he discovered his father's body on the floor of his home later that day, still holding onto the medical device.
"There's no price you can put on a life, there really isn't, and especially someone like my dad," Santiago Jr. said during a press event at the Igwe Firm office on Tuesday. "That was like my best friend. I loved him to death, I really did. I was with him all the time, he knew everything about me."
The lawsuit alleges negligence and wrongful death, claiming that Santiago Sr.'s death "was caused solely by the negligence and carelessness" of the city. It is seeking compensatory and punitive damages.
The family began investigating his death after the neighbor told them that EMS had arrived but then left, the law firm said. Surveillance footage captured EMS personnel knocking on his door and then leaving when he didn't answer, according to the law firm.
The family is calling on the city to conduct an investigation into its EMS protocols for when there is a failure to provide aid. The law firm said it is hoping to learn more about the city's EMS protocols through its litigation and any potential city investigation. ABC News has reached out to the state's health department for more information regarding EMS protocols.
"We all pay for these services, and to simply walk away without trying to do any lifesaving procedures, without trying to gain forceful entry, for people who are more than likely incapacitated due to their medical distress, is simply unacceptable," Emeka Igwe, the attorney who filed the lawsuit, said at the press event.
Santiago Jr. said he would like an apology and "some change to be had, something where this doesn't happen to no one else."
This is the second such lawsuit filed by Igwe against the city this month over an EMS response alleging negligence and wrongful death.
Geneva Mackrides, 74, activated her Life Alert medical device while experiencing a medical emergency in her apartment on Dec. 23, 2023, according to a complaint filed earlier this month. Philadelphia EMS personnel responded to her apartment building but left after several attempts to reach her, the complaint alleges.
Several hours later, her son received a call from Life Alert that his mother had activated her emergency distress signal but there had been no follow-up, according to the complaint. He checked a Ring camera in her home and, after seeing his mother lying on her kitchen floor, contacted Life Alert to dispatch EMS personnel again, though she was dead, according to the complaint.
The city of Philadelphia declined to comment on both lawsuits because they remain active, a spokesperson for the city's law department told ABC News.
