Grieving mom files wrongful death lawsuit

Date: Tue Oct 21 7:23 PM, 2008

RE: Grieving mom files wrongful death lawsuit

ACEDAD · GURU

Boy, that gym must have been crowded that day with so many of you standing around watching what went on.

Frankly, I doubt anyone on this board knows the actual events. Feel free to post your opinion based on what has been presented, but save the "factual comments" for the witness stand.

-- Edited by ACEDAD at 20:28, 2008-10-21

Date: Tue Oct 21 9:28 PM, 2008

It is a very unfortunated accident that is hard to tell if it could have been avoided. From what I know the girl didn't fall - she was attempting a double down and didn't make it around. It happens all of the time.

The owners of East Elite are very educated, knowledgable and experienced people. Regardless of fault, it isn't good publicity for them and I hope they come through undamaged. A lawsuit like that could put them out of business. They certainly don't deserve that. Although I feel for the mom and her loss I wish East Elite luck in the lawsuit and hope it doesn't put an end to a very successful gym.

Date: Tue Oct 21 11:51 PM, 2008

ACEDAD wrote:

Boy, that gym must have been crowded that day with so many of you standing around watching what went on.

Frankly, I doubt anyone on this board knows the actual events. Feel free to post your opinion based on what has been presented, but save the "factual comments" for the witness stand.

-- Edited by ACEDAD at 20:28, 2008-10-21

Seriously!! I totally agree with you ACEDAD!

Date: Wed Oct 22 12:59 AM, 2008

Im just courious... but does anyone know who was supervising the stunt? Was the East Elite staff coaching these girls or was the team renting floor space and being coached by thier own coach.

Date: Wed Oct 22 3:52 AM, 2008

Anonymous wrote:

They called 911 at 4:30, her injury was an hour prior. When the ambulance arrived they couldn't even get a blood pressure reading. So nice try in defending the gym without correct information.

Any you know this how. Nice try....but nobody has the correct information except the police, 911 operators, and the people who were working and there that day.

Date: Wed Oct 22 4:47 AM, 2008

I don't get all the posts about WHAT HAPPENED as if though someone close to the case has come to a random California cheer board to post and whoop it up.

It sounds like an accident. Have been reading about spleen injuries. If the kid had just gotten over mono, she should not have been flying and that would be up to the doc and the parent to determine. Not casting stones at anyone and like the other posting, I THINK I read somewhere she had been ill with mono that caused her spleen to be enlarged when this happend three years ago, so I quit worrying about flying accidents...but then I am just another posting putting what I think I remember! Could be right, could be wrong. weirdface

I just hope the mom is able to get better. cry

I only have one child and cannot imagine the pain and sorrow she is feeling.

Date: Wed Oct 22 5:56 AM, 2008

Anonymous wrote:

I don't get all the posts about WHAT HAPPENED as if though someone close to the case has come to a random California cheer board to post and whoop it up.

It sounds like an accident. Have been reading about spleen injuries. If the kid had just gotten over mono, she should not have been flying and that would be up to the doc and the parent to determine. Not casting stones at anyone and like the other posting, I THINK I read somewhere she had been ill with mono that caused her spleen to be enlarged when this happend three years ago, so I quit worrying about flying accidents...but then I am just another posting putting what I think I remember! Could be right, could be wrong.

I just hope the mom is able to get better. I only have one child and cannot imagine the pain and sorrow she is feeling.

read www.ashleymarieburns.com

it plainly read "there were NO other medical conditions that contributed to her death" and it also states "authorized by Ruth Burns" so I guess you all think the mom and her lawyer and going to lie on a website so that they can look like idiots in court.

Just face it, everyone is on her, but a handful because they want to brush this under the rug so you don't have to think about. Think about what it means to them or their kid or their gym.

Anyone who has been in cheerleading for more than a few months has seen coaches ignore injuries or not take them seriously enough. No, I was not there that day, but at least I can keep an open mind and am not so quick to blame a grieving mom who wasn't even there. The truth will be told and if these boards are anything like the information the mom received no wonder she is going to court to find out the truth and with everyone under oath at least maybe she will get some answer and be able to have some peace.

Date: Wed Oct 22 6:21 AM, 2008

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

I wonder if this girl had any pre existing injuries, because that is a serious accident and could be prevented if we know what she had or what exactly happened. I just hope it doesn't happen again. This girl wasn't on East Elite, just at the gym when it occured with her high school. I find more of these cheerleading accidents occur with youth,school and collegiate teams versus all star teams.

The were NO, NONE, ZERO pre-existing injuries. An article quotes her autopsy says - rutured spleen due to blunt force trauma. No other contributing factors.

It was a freak accident. I had a neighbor boy fell on his bike, went home and went to bed, died of the very same injuries. Ruptured spleen. Very sad.

That's so true.They would most likely complain about an abdominal pain and not feeling well and at times parents just say go lay down and not think much other than the child is "not feeling well". As an EMS responder i have seen such incidents and it is very sad!

Date: Wed Oct 22 6:57 AM, 2008

I have been scratching my head and wondering the same thing. Based on what I am reading she was there with her HIGH SCHOOL team, so therefore isn't it the HIGH SCHOOL's responsability to follow proper medical treatment when an injury occurs under their watch. EE should be secondary but I don't see any mention of the School District being sued. This was a school sanctioned clinic. (again this is based on readings).

My son participates in his high school ice hockey team and practices/plays at local ice arenas. They follow the school guidelines (which usually incorporate the arenas rules). So, when my son goes out the door to participate with his school team they are the ones responsable to ensure his safety and well being. They are the surrogate as I am not there.

You know as for the comments of how injured was she or coaches not taking injuries serious enough, we the people have conditioned our society to be that way. Think about when your little johnny or suesy started crawling, walking, running, riding a bike and so on falls we assess the situation and then we as parents say what? "aww its all better now lets try it again" In a nut shell
"SUCK IT UP and get back on to ride the horse again".

My heart goes out to this parent and all parents who have had to endure the loss of a child. It is a tragedy and I don't know how I could move on should this occur to me. At this stage of the game, children are to outlive their parents not the other way around.

Date: Wed Oct 22 7:27 AM, 2008

Here are links to articles written immediately after the tragic accident. The articles note missing alot of school due to a stomach problem, a surgery that spring and a recent physical passed by the girl. The girl as an allstar cheerleader on a Northeast Allstar team who happened to be attending a stunting clinic at EE with her Medford High School Team. Apparently she was a freshman that was picked to fly on a varsity squad. Also there are reports that the local town ambulance couldnt respond so an ambulance from another town responded. The reports also indicate that when the frist emergency response arrived (fireman) she was responsive to them. Anyone can pay a filing fee and assert a lawsuit, that doesnt mean that those named in the lawsuit are at fault. Only the judge and/or jury who are subject to all of the facts will be in a position to decide who, if anyone, was at fault in this tragic incident.

http://www.boston.com/news/local/massachusetts/articles/2005/08/10/medford_athlete_dies_at_practice/

http://abcnews.go.com/Health/OnCall/story?id=1025150&page=1

http://www.foxnews.com/story/0,2933,165319,00.html

Date: Wed Oct 22 7:32 AM, 2008

Anonymous wrote:

Anonymous wrote:

I don't get all the posts about WHAT HAPPENED as if though someone close to the case has come to a random California cheer board to post and whoop it up.

It sounds like an accident. Have been reading about spleen injuries. If the kid had just gotten over mono, she should not have been flying and that would be up to the doc and the parent to determine. Not casting stones at anyone and like the other posting, I THINK I read somewhere she had been ill with mono that caused her spleen to be enlarged when this happend three years ago, so I quit worrying about flying accidents...but then I am just another posting putting what I think I remember! Could be right, could be wrong.

I just hope the mom is able to get better. I only have one child and cannot imagine the pain and sorrow she is feeling.

read www.ashleymarieburns.com
it plainly read "there were NO other medical conditions that contributed to her death" and it also states "authorized by Ruth Burns" so I guess you all think the mom and her lawyer and going to lie on a website so that they can look like idiots in court.
Just face it, everyone is on her, but a handful because they want to brush this under the rug so you don't have to think about. Think about what it means to them or their kid or their gym.
Anyone who has been in cheerleading for more than a few months has seen coaches ignore injuries or not take them seriously enough. No, I was not there that day, but at least I can keep an open mind and am not so quick to blame a grieving mom who wasn't even there. The truth will be told and if these boards are anything like the information the mom received no wonder she is going to court to find out the truth and with everyone under oath at least maybe she will get some answer and be able to have some peace.

I think you are judging some of the posters here too harshly. This is apparently something near and dear to you and you have really studied it. A lot of people are just posting and don't know all that you do. I think everyone on here is sympathtic to the mom. You are ignoring that there is a lot of support for a grieving mom here. People are just trying to understand the situation. You might give some credence to that and people might be more willing to listen to what you have to say. Try not to be so all or nothing. This is a California board, not a Boston board so this is a new topic that people are trying to understand and learn about.

Date: Wed Oct 22 7:39 AM, 2008

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

I don't get all the posts about WHAT HAPPENED as if though someone close to the case has come to a random California cheer board to post and whoop it up.

It sounds like an accident. Have been reading about spleen injuries. If the kid had just gotten over mono, she should not have been flying and that would be up to the doc and the parent to determine. Not casting stones at anyone and like the other posting, I THINK I read somewhere she had been ill with mono that caused her spleen to be enlarged when this happend three years ago, so I quit worrying about flying accidents...but then I am just another posting putting what I think I remember! Could be right, could be wrong.

I just hope the mom is able to get better. I only have one child and cannot imagine the pain and sorrow she is feeling.

read www.ashleymarieburns.com
it plainly read "there were NO other medical conditions that contributed to her death" and it also states "authorized by Ruth Burns" so I guess you all think the mom and her lawyer and going to lie on a website so that they can look like idiots in court.
Just face it, everyone is on her, but a handful because they want to brush this under the rug so you don't have to think about. Think about what it means to them or their kid or their gym.
Anyone who has been in cheerleading for more than a few months has seen coaches ignore injuries or not take them seriously enough. No, I was not there that day, but at least I can keep an open mind and am not so quick to blame a grieving mom who wasn't even there. The truth will be told and if these boards are anything like the information the mom received no wonder she is going to court to find out the truth and with everyone under oath at least maybe she will get some answer and be able to have some peace.

I think you are judging some of the posters here too harshly. This is apparently something near and dear to you and you have really studied it. A lot of people are just posting and don't know all that you do. I think everyone on here is sympathtic to the mom. You are ignoring that there is a lot of support for a grieving mom here. People are just trying to understand the situation. You might give some credence to that and people might be more willing to listen to what you have to say. Try not to be so all or nothing. This is a California board, not a Boston board so this is a new topic that people are trying to understand and learn about.

Well said.

Date: Wed Oct 22 9:04 AM, 2008

Anonymous wrote:

Here are links to articles written immediately after the tragic accident. The articles note missing alot of school due to a stomach problem, a surgery that spring and a recent physical passed by the girl. The girl as an allstar cheerleader on a Northeast Allstar team who happened to be attending a stunting clinic at EE with her Medford High School Team. Apparently she was a freshman that was picked to fly on a varsity squad. Also there are reports that the local town ambulance couldnt respond so an ambulance from another town responded. The reports also indicate that when the frist emergency response arrived (fireman) she was responsive to them. Anyone can pay a filing fee and assert a lawsuit, that doesnt mean that those named in the lawsuit are at fault. Only the judge and/or jury who are subject to all of the facts will be in a position to decide who, if anyone, was at fault in this tragic incident.

http://www.boston.com/news/local/massachusetts/articles/2005/08/10/medford_athlete_dies_at_practice/

http://abcnews.go.com/Health/OnCall/story?id=1025150&page=1

http://www.foxnews.com/story/0,2933,165319,00.html

Thank you this helps assess the situation a lot.

Date: Wed Oct 22 11:04 AM, 2008

i dont think this lawsuit is necessary. east elite did nothing wrongin this situation. they called 911 ad nothing more because ashley was alert and just didnt feel well after the fall. its a tragic accident and the cheer gym or steve should not be punished for. No one could have prevented what happened it was a freak accident. 3 years later? why now? its not right to go after the cheer gym for ashleys death. No one is to blame and especially not east elite. no matter where she was practicing this stunt, whether it was at her high school or backyard .. who would be sued then? would the high school be sued? there was no indication ashley was in that much danger. hiopefully east elite will recover from this and after the court date comes this whole thing is over.

Date: Wed Oct 22 12:57 PM, 2008

just a passing thought - one article says grandmother was there with the girl. I wonder does the mom also blame the grandmother for not assessing the serverity of the injury and putting her grandchild in a car and racing her to a hospital rather than waiting there for an ambulance. If it were me, I would have taken her to the hospital the second she started throwing up blood. Any way you look at this, it is tragic and you cannot help but to feel bad for all involved. I am sure everyone there, including the grandmother, were trying to do what they thought was best for that poor girl. It is just tragic that no one suspected that she was bleeding internally and that every second counted. I am sure if they knew every second counted, that girl would have been in a car speeding to a hospital. It is easy to see a laceration on the outside of a body or see that a bone is broken, but it is not as easy to diagnose internal hemmoraging. Remember, in this case CPR and a defibrillator would not have stopped the internally bleeding that ultimately and sadly claimed that beautiful child's life.

Date: Wed Oct 22 1:10 PM, 2008

Anonymous wrote:

just a passing thought - one article says grandmother was there with the girl. I wonder does the mom also blame the grandmother for not assessing the serverity of the injury and putting her grandchild in a car and racing her to a hospital rather than waiting there for an ambulance. If it were me, I would have taken her to the hospital the second she started throwing up blood. Any way you look at this, it is tragic and you cannot help but to feel bad for all involved. I am sure everyone there, including the grandmother, were trying to do what they thought was best for that poor girl. It is just tragic that no one suspected that she was bleeding internally and that every second counted. I am sure if they knew every second counted, that girl would have been in a car speeding to a hospital. It is easy to see a laceration on the outside of a body or see that a bone is broken, but it is not as easy to diagnose internal hemmoraging. Remember, in this case CPR and a defibrillator would not have stopped the internally bleeding that ultimately and sadly claimed that beautiful child's life.

From what I remember reading, the grandmother was there in a waiting area, but not where she could see the team practicing. She didn't know anything was wrong until the paramedics arrived and she saw them bringing her out.

Date: Wed Oct 22 1:43 PM, 2008

Not knowing all the facts I will be one of the few who refuses to pass judgement on anyone involved in this unfortunate situation.

Wouldn't it be nice if people jumped onto that bandwagen?

Date: Wed Oct 22 2:06 PM, 2008

just to throw another twist into this whole sad situation.......Do not most, if not all, cheer gyms have non members sign a release of liability before they are able to use the facility? Anyone who is involved in this sport knows the inherent risk of injury to themself or their child. Accidents do happen, sadly some more tragic than others, but this was an ACCIDENT. Although I was not there, I am sure of one thing, no one meant to harm that poor little girl, let alone for her to die. I hope her mother finds the comfort and peace she needs, and that the others involved have the stregth to get through this whole sad mess, it won't be easy.

Date: Thu Oct 23 9:25 AM, 2008

Yes, I think all gyms require release forms, but like in anything else, if negligence is found, a release can be overturned in a court.