Grieving mom files wrongful death lawsuit

Date: Thu Oct 23 9:27 AM, 2008

RE: Grieving mom files wrongful death lawsuit

Date: Thu Oct 23 9:40 AM, 2008

Anonymous wrote:

so with all this being said and saftey concerns. this is where i find fault with usasf... like the 4.2 level they are offering. wasnt their point for this divison to bring more athletes into the all star gym???? hmmm if thats not about money than what is..
level 4 is an intense level and it should not include levle 2 skills of any type. if you are not phsically fit to throw 4 tumbling skills then you should not compete level 4.. the usasf is wrong for this division and in theeir own way have admitted to adding this level to increase membership for gyms.

just another point of veiw

I'm sorry...but I don't think that just because a girl cannot tumble beyond a level 2 we can say she is "physically unfit" and should not be participating in level 4 stunting. There are some athletes who are absolutely physically capable of throwing skills beyond a level 2 but have a psychological block that they cannot get past. That does not mean they cannot be excellent level 4 bases...jmo

Date: Thu Oct 23 1:24 PM, 2008

To me the one question I would want answered is if the coach was certified for level 4 stunts. Why was the flyer unable to finish her second rotation? Did she and the basers have proper instruction? If not, then there is some liability there. But with the school who hired an uncertified coach. Schools don't hire teachers without proper credentials. If the team and coach were trained for that level and it was an accident, I don't think there is any lawsuit. My heart feels for all involved.

Date: Thu Oct 23 5:29 PM, 2008

Anonymous wrote:

Mom files lawsuit in cheerleaders 05 death
By Donna Goodison | Tuesday, October 21, 2008 | http://www.bostonherald.com | Local Coverage

Photo by Mark Garfinkel
Three years after her 14-year-old daughter died from a ruptured spleen suffered while performing a cheerleading stunt, Ruth Burns says she continues to live her own worst nightmare.
She claims she still cant work, needs medication to get through the day and sleep, and sees a psychologist weekly.
Im an extreme mess, said Burns, now 37 and childless. If I did not have the cat and three dogs, I probably wouldnt get up every day. Ashley was my world, and my world is now gone.
Yesterday, the Medford woman filed a wrongful death lawsuit against the East Elite Cheer Gym, the Tewksbury facility where her daughter was receiving instruction with the Medford High School cheerleading team when she suffered her fatal injury.
The U.S. All Star Federation for Cheer and Dance Teams and the American Association of Cheerleading Coaches and Administrators, which are accrediting organizations, also were named in the lawsuit, among other defendants.
I would like to get to the bottom of what really happened that day, and I would like the people who are responsible to step up and take responsibility for not doing the right thing, Burns said.
She hopes the lawsuit, filed in Middlesex Superior Court, will lead to national standards for cheerleading safety to prevent further deaths or injuries.
The ($2 billion) cheerleading industry is, and has been, completely out of control and profit-driven for a long time, said Robert Bonsignore, Ruth Burns Medford attorney. (The industry has) been profiting by putting cheerleaders at risk, causing death and serious injury in staggering numbers.
Ashley Burns was a flyer who was popped up by two cheerleaders serving as bases and attempted to perform an arabesque double-twist dismount at East Elite but fell, according to the lawsuit.
Belanger and the U.S. All Star Federation did not return calls for comment. East Elite and the AACCA declined comment.
Article URL: http://www.bostonherald.com/news/regional/view.bg?articleid=1126808

Move on! whats done is done stop living in the past!

Date: Thu Oct 23 6:22 PM, 2008

That was just heartless! You try losing a child..... I would never be the same.

Date: Thu Oct 23 6:33 PM, 2008

I am with you too!!!

Date: Thu Oct 23 7:00 PM, 2008

Anonymous wrote:

To me the one question I would want answered is if the coach was certified for level 4 stunts. Why was the flyer unable to finish her second rotation? Did she and the basers have proper instruction? If not, then there is some liability there. But with the school who hired an uncertified coach. Schools don't hire teachers without proper credentials. If the team and coach were trained for that level and it was an accident, I don't think there is any lawsuit. My heart feels for all involved.

A one legged stunt with double down is a level 4 stunt???? I am confused

Date: Fri Oct 24 5:32 PM, 2008

you're right. losing a kid would be awful and mourning their loss is not exactly living in the past. ashley was her only child, her pride and joy and what she got up for every morning. i think this law suit is okay. she has the right to know why her daughter died- if it was just too late to save her spleen or if she was neglected by a coach.

Date: Fri Oct 24 10:55 PM, 2008

The U.S. All Star Federation for Cheer and Dance Teams and the American Association of Cheerleading Coaches and Administrators, which are accrediting organizations, also were named in the lawsuit, among other defendants.

Why are they being named in this lawsuit? What is the purpose? Were these organizations there? I understand this Mother wanting to know what really happened to her daughter with her coaches from her school and being in the cheerleading facility. But to sue everyone, sounds like she wants to get rich over her daughter's death. And sad as it is, it won't bring her daughter back.

Date: Sat Oct 25 8:54 AM, 2008

Anonymous wrote:

The U.S. All Star Federation for Cheer and Dance Teams and the American Association of Cheerleading Coaches and Administrators, which are accrediting organizations, also were named in the lawsuit, among other defendants.

Why are they being named in this lawsuit? What is the purpose? Were these organizations there? I understand this Mother wanting to know what really happened to her daughter with her coaches from her school and being in the cheerleading facility. But to sue everyone, sounds like she wants to get rich over her daughter's death. And sad as it is, it won't bring her daughter back.

My take on this is that the National Cheer Safety Foundation is working with mom on this lawsuit. There's a link to Ashley's website on their webpage. Naming these organizations in the lawsuit may be a starting point to try and get more safety regulations in place.

Date: Sat Oct 25 8:59 AM, 2008

Oh are you in direct contact with them? Because when a paper states what they did, that means these organizations are being sued for money. But then again maybe the paper stated their action differently than to what is actually being done. I have been misquoted in the newspaper a few times.

Date: Sat Oct 25 9:05 AM, 2008

Anonymous wrote:

Anonymous wrote:

The U.S. All Star Federation for Cheer and Dance Teams and the American Association of Cheerleading Coaches and Administrators, which are accrediting organizations, also were named in the lawsuit, among other defendants.

Why are they being named in this lawsuit? What is the purpose? Were these organizations there? I understand this Mother wanting to know what really happened to her daughter with her coaches from her school and being in the cheerleading facility. But to sue everyone, sounds like she wants to get rich over her daughter's death. And sad as it is, it won't bring her daughter back.

My take on this is that the National Cheer Safety Foundation is working with mom on this lawsuit. There's a link to Ashley's website on their webpage. Naming these organizations in the lawsuit may be a starting point to try and get more safety regulations in place.

It is sad no matter what. I do feel so bad for the Mom and the entire family. Such a terrible loss. I think though Gyms are working hard to try and insure safely in the gym. This is just a nightmare to lose a child.

Date: Sat Oct 25 9:07 AM, 2008

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

The U.S. All Star Federation for Cheer and Dance Teams and the American Association of Cheerleading Coaches and Administrators, which are accrediting organizations, also were named in the lawsuit, among other defendants.

Why are they being named in this lawsuit? What is the purpose? Were these organizations there? I understand this Mother wanting to know what really happened to her daughter with her coaches from her school and being in the cheerleading facility. But to sue everyone, sounds like she wants to get rich over her daughter's death. And sad as it is, it won't bring her daughter back.

My take on this is that the National Cheer Safety Foundation is working with mom on this lawsuit. There's a link to Ashley's website on their webpage. Naming these organizations in the lawsuit may be a starting point to try and get more safety regulations in place.

It is sad no matter what. I do feel so bad for the Mom and the entire family. Such a terrible loss. I think though Gyms are working hard to try and insure safely in the gym. This is just a nightmare to lose a child.

I, know. HORRIBLE!

Date: Sat Oct 25 9:14 AM, 2008

here is the thing...do you really think high school teams listen to the rules and regulations....i'm pretty sure a lot of high school teams are not even aware that there are restrictions on what they can and cannot do. After as many high school football games I have sat through and to watch these half times...no one is there to regulate what is going on. It is a dangerous sport, plain and simple. It is too bad she lost her daughter, but it was a choice she made. Should she sue herself for letting her daughter participate in a sport she knew was dangerous. That sounds heartless, but it was a freak accident that happened with her mom's approval to participate. Yes, work on stronger safety regulations, work on the sport, especially at the high school level, being more closely monitored, build a legacy around her child, but to go sue happy will not solve a thing. JMO

Date: Sat Oct 25 8:50 PM, 2008

Anonymous wrote:

here is the thing...do you really think high school teams listen to the rules and regulations....i'm pretty sure a lot of high school teams are not even aware that there are restrictions on what they can and cannot do. After as many high school football games I have sat through and to watch these half times...no one is there to regulate what is going on. It is a dangerous sport, plain and simple. It is too bad she lost her daughter, but it was a choice she made. Should she sue herself for letting her daughter participate in a sport she knew was dangerous. That sounds heartless, but it was a freak accident that happened with her mom's approval to participate. Yes, work on stronger safety regulations, work on the sport, especially at the high school level, being more closely monitored, build a legacy around her child, but to go sue happy will not solve a thing. JMO

You are so right!

Date: Sat Oct 25 9:26 PM, 2008

Anonymous wrote:

here is the thing...do you really think high school teams listen to the rules and regulations....i'm pretty sure a lot of high school teams are not even aware that there are restrictions on what they can and cannot do. After as many high school football games I have sat through and to watch these half times...no one is there to regulate what is going on. It is a dangerous sport, plain and simple. It is too bad she lost her daughter, but it was a choice she made. Should she sue herself for letting her daughter participate in a sport she knew was dangerous. That sounds heartless, but it was a freak accident that happened with her mom's approval to participate. Yes, work on stronger safety regulations, work on the sport, especially at the high school level, being more closely monitored, build a legacy around her child, but to go sue happy will not solve a thing. JMO

Hitting big companies where they care the most about: their profits, can be a last ditch effort to bring about change. We all know that Varsity controls the industry's direction and make the rules. So why the surprise.

Ashley Burns death was no accident, her spleen injury was an accident, her death was not. As Joseph DeLucia once said, "Lawsuits are a search for the truth."

Date: Sat Oct 25 11:14 PM, 2008

Anonymous wrote:

Anonymous wrote:

here is the thing...do you really think high school teams listen to the rules and regulations....i'm pretty sure a lot of high school teams are not even aware that there are restrictions on what they can and cannot do. After as many high school football games I have sat through and to watch these half times...no one is there to regulate what is going on. It is a dangerous sport, plain and simple. It is too bad she lost her daughter, but it was a choice she made. Should she sue herself for letting her daughter participate in a sport she knew was dangerous. That sounds heartless, but it was a freak accident that happened with her mom's approval to participate. Yes, work on stronger safety regulations, work on the sport, especially at the high school level, being more closely monitored, build a legacy around her child, but to go sue happy will not solve a thing. JMO

Hitting big companies where they care the most about: their profits, can be a last ditch effort to bring about change. We all know that Varsity controls the industry's direction and make the rules. So why the surprise.
Ashley Burns death was no accident, her spleen injury was an accident, her death was not. As Joseph DeLucia once said, "Lawsuits are a search for the truth."

I doubt she fell from the stunt hit the floor and told the staff my spleen just burst. I doubt the staff had any idea she was ill till after she started showing symptons. By the time she was showing symptons they did call the ambulance, but it was to late. So yes it was an accident.

Date: Sun Oct 26 9:12 AM, 2008

once again, we are speculating! Nobody knows the exact details but the people directly involved. It is not fair to judge this case without a trial....PERIOD! Who knows where the negligence lies. Hopefully they will figure it out in court. Regardless, it is a tragedy and if it were me in that poor mother's place, I probably wouldn't be able to put a sentence together so show some compassion!!!

Date: Sun Oct 26 9:24 AM, 2008

Yes the mother is grieving and yes she should be shown some compassion, but to even 1 second to think the coaches or any one else involved meant for that little girl to die, talk about showing some compassion. I can only imagine the intense amount of guilt they must have from this whole tragic situation, and no, not guilt like it was in anyway their fault, the feeling of guilt that they somehow could have prevented this. Even a trained medical profesional can not diagnos a ruptured spleen with out the proper medical equipment, how were those involved suppose to know something was so terribly wrong. Give them a break, their lives are probably already a living hell, they don't need to trlive this in a trial!

Date: Sun Oct 26 1:58 PM, 2008

Anonymous wrote:

Yes the mother is grieving and yes she should be shown some compassion, but to even 1 second to think the coaches or any one else involved meant for that little girl to die, talk about showing some compassion. I can only imagine the intense amount of guilt they must have from this whole tragic situation, and no, not guilt like it was in anyway their fault, the feeling of guilt that they somehow could have prevented this. Even a trained medical profesional can not diagnos a ruptured spleen with out the proper medical equipment, how were those involved suppose to know something was so terribly wrong. Give them a break, their lives are probably already a living hell, they don't need to trlive this in a trial!

That's exactly the point of the lawsuit. "Only a professional can diagnose it." So when a kid gets hurt and says immediately that they are in pain and it doesn't start getting better soon, you don't wait until they throw up blood and have blurry vision to get the kid medical professionals who know what to do.

Waiting for worse symptoms to prove to the coach that an athlete is injured is ridiculous. The coach knew that Ashley hit her side on a teammates shoulder and that's why she didn't make the second twist. For a child to have to prove to a coach that they are hurting and then dies before medical help has any time to save the girl is senseless.