Mission: Space Lawsuit - A New Perspective

[Mimi]

I am certain that I represent the majority opinion here. Although the desire to be a mindless sheep following boisterous herd leaders is tempting, I am compelled to say this... I think the family of Daudi Bamuwamye may have a reasonably good case. I am not trying to start an argument, but I feel that both sides of this issue have not been adequately represented on this site. My hope is to provide a voice for those too overwhelmed by a loud minority to speak...

Yes. Yes there were warning signs... for people with histories of heart and other health problems not to ride the ride. However, this boy had no history. And how many of us would even consider that our four-year-old child may have a rare heart condition before allowing him or her to ride a ride of this or any magnitude?! Before judging, we must completely explore the extent of the boy's health problems along with reliable statistics about people with similar degrees and types of health problems. Can we all reasonably be expected to know what hidden dangers we are putting ourselves into at all times?

I agree that Disney can't be held accountable for unforseen consequences and acts of God, but maybe this particular ride is just plain too darn rough... and maybe they know it (hence the recent changes). Maybe it is just too much to expect ordinary people to get extensive health exams before riding a ride in order to protect themselves. Consider all the people who have received medical attention after riding Mission: Space since its opening and compare those numbers to other rides at WDW. Now consider all the stories you have heard of people getting sick or feeling ill for a while or even all day after riding the ride without seeking treatment. (For heaven's sake, they even supply vomit bags - have you ever seen a ride that supplied vomit bags?!?!?!) Then consider how many stories you haven't heard. And finally, how many people do you know personally who have vowed not to go on it again?

Should Disney be held to a higher standard than other amusement parks? Absolutely! Disney has created these standards for itself (which is why we love it so and continue to depend on it). Consider your own view of Disney versus your local carnival... who really expects that their child may die riding a ride at WDW?!?

Lastly, look at that height requirement. Believe it or not, people actually rely upon that information. Daudi's mother may have been hesitant about him riding Mission: Space, but once she saw that he passed Disney's height requirement she probably felt at ease. The words "they know," may have passed through her mind (I know they would have passed through mine). But, maybe it is possible that for once Disney set the bar too low. Consider the national averages. Maybe Disney should have set an even higher requirement to protect children from potentially suffering a terrible fate instead of selecting a requirement that is below the national average.


Consider this...






How long would that boy have been expected to live had it not been for Mission: Space?









How many children would he have had?







Many of us are quick to judge these people. We say "I am sorry for them but a meritless lawsuit is not the answer." We call the family "greedy." Clearly this is not a meritless lawsuit and I suspect that monetary gain is not at the top of this family's motivational list.

It is worth noting that the point of any punitive damages awarded in a lawsuit such as this is to punish a wrongdoer and keep them from repeating the act... not to provide the victim with a cushy lifestyle. I should also mention that many people or groups who are awarded punitive damages donate most or all of it in order to achieve an even greater good with that money.

....

I believe most of us would fight to the death to ensure that our child did not die in vain...

 

[wdwmagic]

A medical examiner determined the cause of death was an abnormal thickening of the heart muscle, a disorder that can throw heart contractions out of coordination. The condition left Daudi more susceptible to sudden death, the examiner ruled.

How can that be attributed to Mission Space? It would seem that sudden death can occur anywhere, sitting at home, walking the dog, or riding a theme park attraction.

You also mention the changes to MS as an admission that Disney believe the experience to be to intense. This is not the case, as the original ride profile remains untouched, and is available for anyone who meets the conditions (again unchanged) to ride. The only difference is that there is a second noG version of the attraction available.

 

[mousermerf]

Also - by your logic the Tea Cups shouldn't operate because they make my best friend deahtly ill and out of it for hours and I personally can't go on rides like Big Thunders or Space Mountain without feeling terrible all day.

Not to mention, walking in the heat at AK tends to make me very very sick.

Disney can't bubble wrap the world for everyone, especially those with rare conditions that no one can predict.

 

[Mimi]

Also - by your logic the Tea Cups shouldn't operate because they make my best friend deahtly ill and out of it for hours and I personally can't go on rides like Big Thunders or Space Mountain without feeling terrible all day.

Not to mention, walking in the heat at AK tends to make me very very sick.

Disney can't bubble wrap the world for everyone, especially those with rare conditions that no one can predict.

Completely different scenarios and you know it.

 

[mousermerf]

No, it's not.

The child died because he couldn't handle stimulus. Should Disney remove all stimulus?

 

[wdwmagic]

Completely different scenarios and you know it.

I dont know it. How are they different?

Sudden death is what it says - sudden, and unexpected. The medical examiner found no link between the death and the ride.

This is happening simply because the tragic event took place on a ride. If it had taken place anywhere else, there would be no action taken.

 

[Mimi]

I dont know it. How are they different?

Sudden death is what it says - sudden, and unexpected. The medical examiner found no link between the death and the ride.

This is happening simply because the tragic event took place on a ride. If it had taken place anywhere else, there would be no action taken.

Medical examiner - shcmedical examiner...

Well of course there would be no action taken if it happened at home. However, this was at WDW where severe stress was placed on his small body.

According to webmd.com, "The hearts of people with hypertrophic cardiomyopathy are enlarged because the walls of the heart, the heart muscle, become scarred and are too thick to work properly. Strenuous activity increases the heart's workload, and the enlarged heart cannot handle the added work. Life-threatening irregular heart beats and sudden death can result." http://www.webmd.com/content/article/16/1728_79810.htm

I pose the questions; if Disney subjects its guests to stress so severe that it can be life-threatening to some, (1) why risk it? and (2) why not accept responsibility for those who suffer the ultimate loss because if it?

If this is so rare we need not worry about opening the flood gates by admitting some responsibility. (If it is not so rare Disney needs to do something about it.) Likewise, I really don't think people will allow themselves to be killed so that they can collect a large fortune upon their death from Disney.

It was rare and unforeseen by the parents but probably foreseen by Disney in some scenario (we can talk Pinto for a while if you want). Disney was probably most able to avoid the tragedy and therefore the most negligible.

Let's see how that lawsuit turns out, shall we???

 

[wdwmagic]

Medical examiner - shcmedical examiner...

Well of course there would be no action taken if it happened at home. However, this was at WDW where severe stress was placed on his small body.

According to webmd.com, "The hearts of people with hypertrophic cardiomyopathy are enlarged because the walls of the heart, the heart muscle, become scarred and are too thick to work properly. Strenuous activity increases the heart's workload, and the enlarged heart cannot handle the added work. Life-threatening irregular heart beats and sudden death can result." http://www.webmd.com/content/article/16/1728_79810.htm

I pose the questions; if Disney subjects its guests to stress so severe that it can be life-threatening to some, (1) why risk it? and (2) why not accept responsibility for those who suffer the ultimate loss because if it?

Strenuous activity can result from a sporting event. Would you therefore be blaming say a basketball coach for the sudden death of someone with the same medical condition?

The sad reality is, this person would probably have died due to this condition regardless of whether he rode Mission Space. It's the facts of life that people have medical conditions. I dont see why people are always looking to blame people.

If MS was responsible for the death, for example, by falling apart, and causing death, then I would of course agree there was wrong doing. However, in this case, I see absolutely nothing wrong with Disney's actions, and I hope that Disney win the case.

 

[Mimi]

Strenuous activity can result from a sporting event. Would you therefore be blaming say a basketball coach for the sudden death of someone with the same medical condition?

The sad reality is, this person would probably have died due to this condition regardless of whether he rode Mission Space. It's the facts of like that people have medical conditions. I dont see why people are always looking to blame people.

If MS was responsible for the death, for example, by falling apart, and causing death, then I would of course agree there was wrong doing. However, in this case, I see absolutely nothing wrong with Disney's actions, and I hope that Disney win the case.

No disrespect intended but... did you read and process my OP?

 

[CAPTAIN HOOK]

(For heaven's sake, they even supply vomit bags - have you ever seen a ride that supplied vomit bags?!?!?!)

Aircraft and passenger ships supply vomit bags - doesn't mean they're unsafe, it just protects the carpet

 

[wdwmagic]

No disrespect intended but... did you read and process my OP?

Yes I did. Feel free to point out to me what I missed or failed to understand.

 

[Mimi]

I'd love to respond to every post on this thread... but no. I would like to say, however, that i am disappointed in Disney.

If my dessert is bad, they send me a new one. If my waiter is rude my meal is free. If Mousekeeping is lax, I get a free night.

But if my child dies on one of their rides I get nothing but "sorry" from Disney and hatred from my countrymen. Frankly I expect that from my countrymen but not from Disney.




It never did happen to me but if it did...

I would destroy that company.

 

[wdwmagic]

I'd love to respond to every post on this thread... but no. I would like to say, however, that i am disappointed in Disney.

If my dessert is bad, they send me a new one. If my waiter is rude my meal is free. If Mousekeeping is lax, I get a free night.

But if my child dies on one of their rides I get nothing but "sorry" from Disney and hatred from my countrymen. Frankly I expect that from my countrymen but not from Disney.




It never did happen to me but if it did...

I would destroy that company.

I really dont undertstand your argument, either in your original post, or the one above.

If your dessert is bad, that quite possibly is Disney's fault, and they would accept that, and replace it.

BUT

How is it Disney's fault that a boy had an existing heart condition, and then died of sudden death? You dont seem to be able to answer that.

 

[Mimi]

I really dont undertstand your argument, either in your original post, or the one above.

If your dessert is bad, that quite possibly is Disney fault, and they would accept that.

BUT

How is it Disney's fault that a boy had an existing heart condition, and then died of sudden death? You dont seem to be able to answer that.

But for the stress of that ride he would not have died.


Kind of ironic how it would fit perfectly in the H.M. cemetary. It doesn't matter when or where else he would have died; he did die after riding Disney's most physically intense ride.


Can you imagine the nightmares his mother must have?


When I mention dessert I am comparing it to Disney's compassion for human life. They know they can always remake a dessert or meal and write it off, but a life? That is when the dirty lawyers come in and things get ugly - a pre-existing heart condition that no one knew anything about countered by a very extreme ride... hmmm :lookaroun


I bet you, Mr. Steve, that I can prove the Disney corporation as we know it would gladly sacrifice three to four lives every so many years for the sake of that all -forgiving God....


Profit.

 

[wdwmagic]

But for the stress of that ride he would not have died.

OK so you are blaming Disney because of the stress invoked by the ride.

So based on that idea, you would also be blaming the basketball coach, or the school, if the stress of playing basketball had killed him?

 

[Iakona]

My hope is to provide a voice for those too overwhelmed by a loud minority to speak...

Actually, I think you speak for a small minority.

However, this boy had no history. And how many of us would even consider that our four-year-old child may have a rare heart condition before allowing him or her to ride a ride of this or any magnitude?!

How many of us would expect a professional athlete to have a hole in his heart go undetected causing a stroke. A professional athlete that has had the best medical care and is constantly evaluated? Yet is happened.

How many of us would expect a friend to die in her sleep at 16 years old from thickening of the heart? Yet it happened to a friend back in High School.

Now consider all the stories you have heard of people getting sick or feeling ill for a while or even all day after riding the ride without seeking treatment. (For heaven's sake, they even supply vomit bags -

This logic would shut down every airline in the world. By the way, takeoffs exert Gs on the body as well, had this boy died during takeoff would we shut the airlines down?

Should Disney be held to a higher standard than other amusement parks? Absolutely! Disney has created these standards for itself (which is why we love it so and continue to depend on it). Consider your own view of Disney versus your local carnival... who really expects that their child may die riding a ride at WDW?!?

So that higher standard should now include full body MRIs, echocardiograms, stress tests and extensive medical exams before you can enter the park? Or should Disney be held to a standard of being psychic?

Who really expects their child to die at anytime?

Maybe Disney should have set an even higher requirement to protect children from potentially suffering a terrible fate instead of selecting a requirement that is below the national average.

This shows a complete lack of understanding of the UNKNOWN medical condition. Had the child been 54 inches or a 5 foot tall teenager, this condition could have remained undiagnosed and death occurred at anytime or any height. The height did not cause the death, the disease did.

In fact the article you quote later specifically says this type of disease usually ocurs later in the 20's. Did you read the entire article or just the portions you felt you could spin?

It is worth noting that the point of any punitive damages awarded in a lawsuit such as this is to punish a wrongdoer

So who is the wrongdoer? Sue Disney because you can't sue a disease?

How long would that boy have been expected to live had it not been for Mission: Space?

NO ONE KNOWS. This heart could have went at anytime. Sad, but true.

It was rare and unforeseen by the parents but probably foreseen by Disney in some scenario (we can talk Pinto for a while if you want). Disney was probably most able to avoid the tragedy and therefore the most negligible.

If parents and Dr.'s that are with this child and examine him don't know how can Disney? By your logic the world would shut down because someone, somewhere may have something they don't know about and die.

According to webmd.com, "The hearts of people with hypertrophic cardiomyopathy are enlarged because the walls of the heart, the heart muscle, become scarred and are too thick to work properly. Strenuous activity increases the heart's workload, and the enlarged heart cannot handle the added work. Life-threatening irregular heart beats and sudden death can result." http://www.webmd.com/content/article/16/1728_79810.htm

You left this out of your quote from the article:
"Hypertrophic cardiomyopathy is a potentially life-threatening enlargement of the heart. It affects about one in every 500 people and is the leading cause of sudden death among young competitive athletes in the U.S., and is the cause of 20,000 deaths per year.
It usually shows up sometime after puberty when a person is in his or her 20s and 30s. Symptoms may include shortness of breath on exertion, dizziness, fainting, and chest pain, but often the only symptom is sudden death. "

So let's cancel ALL sporting events as well.

 

[wdwmagic]

Totally agree with everything you are saying there Iakona, good points.

 

[TAC]

Medical examiner - shcmedical examiner...

Likewise, I really don't think people will allow themselves to be killed so that they can collect a large fortune upon their death from Disney.

It was rare and unforeseen by the parents but probably foreseen by Disney in some scenario (we can talk Pinto for a while if you want). Disney was probably most able to avoid the tragedy and therefore the most negligible.

Let's see how that lawsuit turns out, shall we???

A medical examiner is a licensed Doctor of Medicine. What is wrong with that?

Why not? People kill themselves every day. In fact, many make sure their life insurance is "paid up" so that their estate or loved ones can get that money. Usually there is a "sucide clause," in life insurance policies, but that is usually for a period of time from when you bought the policy. Which brings up the question: Did the parents have a life insurance policy for the kid? If not, why not? Most parents get a life insurance policy for their kids.

Please tell us how an unseen medical condition was "unforseen" by the parents, but "probably forseen" by Disney? Yes, I'm sure that Disney executives were probably saying, "Well, we know that people will get on the ride that have medical conditions, and some will ultimately die, and their families will sue us, so let's build the ride anyway."

 

[landauh]

Many posters on this and the original thread keep being up the height issue. They say that Disney should raise the limit to keep young children from riding certain rides.

I only have one question: What about teenagers or adults that are only 46 inches tall? Do they miss out of these rides?

An age restriction might help, but I see many parents bringing visibly under-aged children into R-rated movies.

I don't believe that anyone is at fault in this case.

 

[wdwmagic]

I don't believe that anyone is at fault in this case.

I agree.

It's unfortunate that nowadays, someone has to be held accountable, even when there isnt any to rightly blame.