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Saturday, Feb 19 2011 10:00 PM

Schools' dilemma: Do accepting life-saving devices create too much legal risk?

BY JORGE BARRIENTOS, Californian staff writer jbarrientos@bakersfield.com

In August, Rosedale Union School District officials said they were "forever grateful" when Corinne Ruiz donated a potentially life-saving device to a middle school campus.

Now that she's ready to give three more automatic external defibrillators, the district and its insurance provider are saying they create too much of a liability, and demand too much attention and money for the cash-strapped district to manage.

"It's undeniable that if you use an AED during cardiac arrest, it will help," said Catherine Jones, director of risk management services for Self-Insured Schools of California, an insurance provider for hundreds of districts including Rosedale Union.

"But the question is, 'Does this make sense for us to do?' The answer ends up being, 'No.' It's an awful position to be in."

It's an issue districts throughout California -- where there is no law mandating or even encouraging AEDs on campuses -- are grappling with now. Take the AEDs in voluntarily and a district must ensure the devices work properly, train staff and pay for repairs. If it slips up on either and something tragic happens while an AED is being used on campus, the district could be held liable in court, school officials argue.

But AED advocates like Ruiz say the bigger liability is not having the life-saving devices available if someone suffered cardiac arrest on campus. And several groups will train staff and maintain the AEDs for free. All it takes is cooperation from school officials.

"This does not make sense. They're choosing not to use (AEDs)," Ruiz said. "It's frustrating."

It's an emotional journey for Ruiz, who lost her daughter, Olivia Hoff, eight years ago, The Californian highlighted last summer. She died at age 14 of sudden cardiac arrest after suffering, without anyone's knowledge until it was too late, from Long QT Syndrome, a heart disorder that silently kills thousands nationwide every year.

After her death, it became Ruiz's mission to inform others about heart syndromes affecting kids and to get AEDs -- which help increase the chances of survival during sudden cardiac arrest -- in schools throughout Kern County.

Every year, about 400,000 Americans die suddenly from cardiac arrhythmias or abnormal heart rhythms, statistics show. About 4,000 of those are younger than 35.

Ruiz donated the one to Rosedale Middle School, where Olivia attended, making it one of the first public schools in Kern to have it. Ruiz is working with several other districts now, including Kern High School District, which is looking into their feasibility.

"There are a lot of things that have to be evaluated," said KHSD spokesman John Teves. "There are real financial concerns given the budget crisis and no legislation being in place."

Other districts throughout the state are evaluating having AEDs, even those with programs in place. Visalia Unified School District, for example, has AEDs in all four middle and four high schools, theaters and stadiums.

The community fundraised to buy the $2,000 AEDs there. All district coaches, PE teachers and administrators were trained, by law, to use them. Batteries are checked, recorded and replaced frequently. (Batteries cost about $150 each). Still, there have been concerns of liability, said Lucinda Mejdell-Awbrey, Visalia Unified district nurse.

"We may get to the point where we'll have to take another look if cuts continue," she said.

Advocate Cathy Rucker of AEDs for California Schools said she sympathizes with school budget concerns.

"I know they're overwhelmed," said Rucker, whose child will attend a Bay area high school next year. "But I don't want to send my kids to schools without (AEDs)."

At Novato Unified School District, trustees recently approved the installation of AEDs. Officials are developing a plan through a partnership with the fire department to address liability concerns.

"It's clearly an important program," said Iishwara Ryaru, a doctor who works with Novato Unified.

State law says anyone who uses an AED "in good faith in an emergency will not be liable for any civil damages." But if a school district voluntarily brings them in, it must make sure the AEDs are in order. That's what concerns insurance officials here. Increasing the number of AEDs available causes a greater chance of liability. And if you're not perfect in implementing a program, that could lead to debate in court.

"I don't think school districts are avoiding them so much as they're being realistic," said Jones, from SISC. "And I have not seen one district get it right."

She added: "It's an emotionally driven issue. Districts are very prudent and wise to proceed slowly."

John Mendiburu, superintendent of 5,300-student, nine-school Rosedale Union, said about sticking with one AED: "We felt it was right for a district of our size."

"We'd love to take more," he said. "We just don't have the resources. We can always look at it again."

A Senate bill was introduced last year to remove legal barriers keeping schools from accepting AEDS. It died.

Currently, nothing at the state level is being introduced regarding AEDs, said Tue Nguyen, advocacy director for the American Heart Association, which supported the last bill.

Ruiz said she would continue to fight to place the devices on local campuses through the Bakersfield chapter of Sudden Cardiac Arrest Association, which she leads. She is meeting with more school officials in Kern (Fruitvale School District said it would accept an AED soon), sending letters to local and state politicians, and organizing heart screening days.

"I'm not giving up," she said.

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