Family of teenager who died on Everglades hike sues the Boy Scouts

Family of teenager who died on Everglades hike sues the Boy Scouts
AISLING SWIFT Naples Daily News

Parents of a Boy Scout who died hiking last year are suing the Boy Scouts of America, alleging scoutmasters were negligent for continuing a 20-mile Everglades hike in 100-degree heat after their son showed signs of heat exhaustion.

Howard Adelman and Judith Sclawy-Adelman of Weston say Michael Sclawy-Adelman, 17, began exhibiting signs of heat exhaustion May 9, 2009, halfway through the hike on the Florida Trail in Big Cypress National Park, according to the wrongful death lawsuit.

“Nevertheless, the hike was continued,” it says.

The lawsuit accuses Pine Island Troop 111 scoutmasters Howard K. Crompton and Andrew L. Schmidt of negligence and carelessness for being unprepared and not acting quickly in an emergency to prevent their son’s collapse from a heat stroke, which led to his death in the park.

The Adelman’s lawsuit, filed Tuesday in Miami-Dade Circuit Court by attorney Mark Sylvester of Leesfield & Partners in Miami, alleges Pine Island Troop 111 scoutmasters Crompton and Schmidt “organized, planned and led” three boys on a hike in 100-degree heat.

The lawsuit says GPS data and National Park Ranger reports show they paused for more than 90 minutes at mile 15, where their son was “dizzy, disoriented, and delirious,” before they called 911. Sylvester said it took first responders an hour to reach that deep into the Everglades.

“First responders indicated that the surviving minor Boy Scouts showed signs of dehydration,” the complaint says of the two other boys. A National Park Service report shows everyone involved was suffering from heat exhaustion and needed water.

“It’s a real tragedy that shouldn’t have happened,” Sylvester said Thursday. “It was entirely preventable. ... These parents are adamant they want to see changes. They don’t want this to happen to another Boy Scout or family.”

“The park ranger was furious, furious, they were out there in those conditions,” he added. “He said rangers would never go out and conduct a hike in those conditions.”

It’s not the first time a Boy Scout died on a hike due to heat exhaustion. News stories show at least three deaths since 1996, including one a month after Sclawy-Adelman died.

In June 2009, Timothy Nunn, 14, died from probable heat stroke on a hike in Minnesota; Payden Sommers, 11, died of a probable heat stroke on a hike in Ohio in June 2008; and David Phillips, 15, died from probable heat stroke on a hike in Arizona in June 1996.

In addition, the U.S. Centers for Disease Control investigated reports of more than 1,600 cases on heat exhaustion during the 2005 National Scout Jamboree in Fort AP Hill in Virginia and determined organizers failed to provide enough water and shade for Jamboree attendees in July, when the heat index reached 121 degrees.

Sylvester contends the BSA should have learned from past experiences and noted that high schools, colleges, and the U.S. military have changed their policies involving exercises in extreme heat, issuing strict guidelines and limitations after highly publicized deaths and near deaths.

“The Adelmans are hoping to put enough pressure on the Boy Scouts to change,” Sylvester said, adding that their son, their only son and a twin, exhibited early signs of heat exhaustion by not eating much lunch or drinking more water by mile 10, when his death could have been prevented.

The lawsuit alleges the defendants were negligent in planning and conducting a 20-mile hike through the Everglades in 100-degree weather, failing to obtain proper weather information the day of the hike, and failing to follow guidelines for hiking established by local, state and national organizations, including the Boy Scouts.

It also alleges they failed to: follow proper policies and procedures; undergo proper training for leading minors on a hike; recognize the signs of heat stroke and an emergency; take proper action after Sclawy-Adelman began showing signs of distress; bring proper equipment, including communications equipment; or report the emergency in a timely manner.

The parents sued the scoutmasters individually and as representatives of Boy Scouts of America, which also is a defendant. Also named are the BSA’s South Florida Council, which does business in Broward, Miami-Dade and Monroe counties, and Plantation United Methodist Church.

Crompton and Schmidt could not be reached for comment.

The lawsuit alleges negligence, wrongful death, mental pain and suffering, and seeks unspecified damages for those counts, in addition to their son’s funeral expenses, future support, affection and companionship.

The Boy Scouts of America does not comment on pending litigation.

http://www.naplesnews.com/news/2010/...died-while-hi/

comments

I see 2 positives coming out of this tragedy.

1) The money will give the parents closure.
2) The Boy Scouts will never put young men through the rigors of nature hikes ever again.

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20 mile hike in 100 degree weather in the Everglades is not a wise decision for the scouts and any parent who allowed their child to attend.

You wake up and see the temp, the heat index, and the length of the hike and you tell your child, you will be staying home and jumping in the water today, no grueling hike in the heat for you. So I blame both the parents and the scouts for allowing such a long hike in that heat to even be considered. They are both negligent.

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If he was the only one in the park that day then I can see the logic behind the lawsuit but he was one of one hundred in the park that day and only he had a medical problem. All of the scouts had the same breaks and opportunities to drink water. No one else had a problem but this young man.

I am sorry for their loss but how is the Boy Scouts responsible for individuality. Why not sue the park service for not placing air-conditioned shacks along the trails... the blame game could potentialy never end at this rate.

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How much money will make the parents glad that he boy died????? If you go to lawyers they will always want to sue and don't care about dragging the parents through the court system that is there for the lawyers benefit only.

Sorry for your loss but go on with your lives and remember the good things about your son.

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Is it a twenty mile hike in one day? I think the reporter should do some checking. It did suprise me that the press didn't drag B.P. into it.It was nice when reporters checked facts just didn't take one persons work for something.

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It's horrible that the scout died. It's also horrible that the scouts are being sued because of this.

Scouts typically take breaks and it is even in their handbook to properly hydrate. I highly doubt that the scout leaders took this scout for a hike without the parents knowing, where, how, and when they were going. The 20 miles is done in a 24 hour period, not a situation where some scoutmaster is hovering over the scout yelling, "Suck it up sissy boy" with his stop watch out. Keep in mind, that all of those scoutmasters are volunteers. They are not paid. In fact, it normally ends up costing them money to volunteer.

People wonder why so many are unwilling to volunteer. These volunteers can't give a guarantee that nothing bad will ever happen when scouts go out on adventures. But, if kids never get out and do things, then something bad is sure to happen.

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Come on...they will not stop hiking. They WILL HOWEVER, stop hiking in 100 degree heat. Common sense prevails.

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you don't think they will stop hiking, we'll see. Who is to make the judgment call as to when it is too hot? 85 is very hot and can cause heat stroke when doing activities outside.

If you ask others 80 may be too hot.

Or should we take health issues into order?

What variable do you think should be made to make it ok to go for a hike?

btw, 100 degree heat, not likely.

Why is it then, there are yoga classes is rooms of 104 degrees? Can't tell me it's the humidity that keeps them going, because the Everglades has immense amounts of humidity

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Early May is late in the year for hiking in the Everglades. It is an arduous and difficult hike. My husband frequently hikes out there, but rarely past early April. It is too hot and buggy. These excursions are wonderful natural experiences, but best undertaken during the cool months.

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We'll never know all the details. I had a conversation with a Big Cypress Ranger about a year ago about this incident. He said that he heard there was a rush to get this hike in so that the kid could complete the requirements for an Eagle Scout badge before he was 18. After 18, it would be too late. I don't remember if he said where the push came from: the kid, the parents, or the scouts.

A real important point would be how much water they brought with them. No details on that here either.

What I do know is when I was in Marine Corps many years ago, we had flags all over the bases that indicated what type of training could take place on a given day. I know that 100 degree heat in high humidity would have shut down 20 mile hikes. Not too many sissies in the Marine Corps, just people with common sense.

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Did any of you read the accompanying documents? On the police report, the father states that the boy didn't want to go on the hike, but the mother pushed him into it. I have to wonder, is the lawsuit a means to make the mother feel better about herself and have someone else to blame?

In addition, no autopsy was performed, at the request of the family. If the boy did have some congenital problem that was previously undetected, there's no way to prove one way or the other now. I really feel for their loss, but the lawsuit seems unwarranted.

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I did read the attached documents. It clearly stated his mother "Pushed him to go on the hike" which he did not want to go on. Out of the mouth of his father.
He was 5'6" and weighed 210. Those are facts.
Lawsuits are unwarranted PERIOD. He was in no condition to go on that hike and his MOTHER pushed him to do it. Bad decision. Regardless, I'm sure she is devastated and I feel for her, but a lawsuit? It also said he used Claritan....so why not sue them?

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As an Eagle Scout, I can say this should not have happened. Heat exhaustion/stroke is a very serious issue that we were always conscious of when I was a Scout in the 70s. The minute you have a kid showing the early symptoms, you stop and 100% of your focus is on that individual.

I would have to believe he was showing physical symptoms well before he became "dizzy, disoriented, and delirious".

That said, I have done hikes in similar conditions multiple times when I was as young as 13. We always took regular breaks, typically every 30 minutes, and MADE everyone drink water. We also had a buddy system where everyone was responsible for checking their buddy for such symptoms at those breaks. We also would stand in a circle and check off before proceeding so that everyone had a chance to be observed by everyone else.

In the 8 years I was a Scout we never had a major problem. We did have incidents where a Scout was obviously having issues. We always made sure we had the right plan relative to the severity of the issue before proceeding.

The Scout motto is "Be Prepared". This was inexcusable.

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Quote:

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It also said he used Claritan

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Top Claritin side effects:

Nausea
Chest Pain
Fatigue
Drug Ineffective
Dyspnoea
Dizziness
Depression
Headache
Asthenia
Pyrexia

Were the Scout Leaders aware that he was taking this medication ??

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As a former Scout and Scout Leader, with two sons who are former Scouts (one an Eagle Scout), I have a difficult time with the initial reports that Michael's parents requested that an autopsy not be done ... if one of my boys died on a Scout outing, I would vehemently demand an autopsy ... without an autopsy, the possibility of determining the most likely cause of death (and any possible underlying contributing factors) diminishes dramatically ...

This was a tragedy, but the lack of autopsy truly concerns me ...

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As a Scout Leader I have had parents purposely leave out information - such as reporting ASTHMA - because they didn't want their child to be excluded from any of the planned activities. We have had to rush a child to the ER because the parents didn't include on the required medical forms that the child had a severe bee allergy.

Without having ALL the information from BOTH sides it is hard to determine who is "more" at fault. That a child died is tragic.

Boy Scout dies while hiking in Big Cypress National Preserve
By RAPHAEL A. OLMEDA and SALLIE JAMES, South Florida Sun Sentinel
Posted May 10, 2009 at 3:12 p.m

http://media.naplesnews.com/media/im...y-Ade_t160.jpg

WESTON — With five miles left to go on a 20-mile hike, Michael Sclawy-Adelman looked like the heat was getting to him. “It appeared he was a little overheated and a little dizzy, so we sat him down, gave him some water and put his feet up and let him rest,” said scoutmaster Howard Crompton, who was leading the 17-year-old and two younger boys on the hike Saturday through Big Cypress National Preserve in the Everglades. “Then he stopped breathing.”

The intensive effort to save Sclawy-Adelman’s life failed. The Weston teen was pronounced dead at 7:09 p.m., roughly an hour and 10 minutes after Crompton’s first 911 call for help. “I started CPR and continued it until the helicopter came. It was a hot day, about 90 degrees, but a lot of the hike was in the shade,” Crompton said. “We were almost there.”

The Collier County Sheriff’s Office is investigating the death and the results of a toxicology report are pending, but Sclawy-Adelman’s parents said they did not want an autopsy and on Monday declined to discuss any possible cause.

Sclawy-Adelman was a member of Boy Scout Troop 111 out of Plantation United Methodist Church, on the hike as part of his effort to become an Eagle Scout. He had completed several other hikes, as required, including five-mile and 10-mile stretches, scouting officials said. “He was a sweetheart. He was everyone’s dream kid,” said his mother, Judith, of Weston, choking back tears on Monday morning. “He was the kind of kid everyone would love to have.”

As his parents and twin sister, Elisabeth, struggled to deal with the tragedy, a few dozen of Sclawy-Adelman’s classmates at Nova High School gathered in the media center to console each other and pay tribute to their friend. “He was so dedicated to everything he did,” said Rachel Leshinsky, 18, a Nova senior who had known him since middle school. Debate team. National Honor Society. Judaica Society.

“The most unfair thing about all of this is that Michael was just cresting,” said Nova debate coach Lisa Miller. “As a debater, as a leader, socially, intellectually, he was just on the brink of everything. He had just begun to blossom, to reach his potential.”

Sclawy-Adelman was an Advanced Placement Scholar planning to enroll in the University of Florida in the fall, where he would start as a sophomore because of all the credits he had accumulated. The weekend before he died, he took part in the fiercely competitive Tournament of Champions debating event at the University of Kentucky. “I feel like he should be with us still, finishing this race that we’ve been tackling the last four years,” said classmate Mike Biana, 18. “It’s like he can see the yellow tape and all he had to do was reach out for it. And he couldn’t make it. And that’s just, I guess, the most frustrating part for me is wishing we could take him with us.”

Another longtime friend and classmate, Kristopher Geyer-Roberts, 18, of Plantation, said he joined the Boy Scouts because of his friendship with Sclawy-Adelman.

Monday was a big test day and Geyer-Roberts said it was hard for him to comprehend the loss and see the empty chair where his friend should have been. “I expected him to walk in the door, I don’t think it’s sunk in yet,” Geyer-Roberts said. “It’s too much for me right now.”


http://www.naplesnews.com/news/2009/...boy-scouts-bi/

Teen who died on Collier hike to be named Eagle Scout posthumously
Weston teen’s fellow Boy Scouts will complete his service project
SALLIE JAMES, South Florida Sun Sentinel
Naples Daily News
Posted May 19, 2009 at 7:57 a.m.

http://www.naplesnews.com/news/2009/...agle-scout-po/