Mission: Space Lawsuit - A New Perspective

[mikeymouse]

It was just a freak incident and no one is to blame. Apparently it was just his time. (unfortunate as it is, it happens every day)

 

[SteveUK]

I think this event was tragic and feel for the family. I also fully understand the natural instinct to look for somebody or something to blame. I can completely understand that the family are experiencing strong emotions and they are looking for a reason for why their loved one was taken away from them. This I understand - what I can't understand is people who are not connected to the family directly, and who as sensible adults should be able to take a step back and consider the situation objectively, still insisting that Disney is to blame. The unfortunate medical condition this boy had means that the excessive stress could have occurred in many situations, at WDW (thats why people go on rides, for the excessive stress and adrenaline and fun this causes), at a sporting event, or simply running around playing at home.

Again, I wish to stress that I am in no way minimising the loss or pain of this family and they have my deepest sympathy, but I just cannot accept that Disney is to blame. If the family told Disney about the condition and he was still allowed to ride, then the situation would be different, but the sad fact is that there was no way anybody could have known what would happen.

 

[M:SpilotISTC12]

This is very entertaining to read. I wanted to see what was said next. You cant blame Disney for the kids death. The ride wasnt to fault so you cant blame them for it. The kids had a pre existing condition that no one knew about and that is unfortunate. What Steve said about the basketball coach is true you cant blame the coach if a kids dies for reason undiscovered before. I have sympathy for the family but they cant exspect to win the case.

 

[scpergj]

Actually, I think you speak for a small minority.



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.



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?



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?



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?





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



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



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.



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.

A voice of logic on an unlogical thread!

 

[Tim G]

Errr....


Woman dies during the Drop is Tower of Terror... Cause: Too high Blood preasure, and heart decease...

Girl stands up after sunbathing in Typhoon Laggon... stands up... Cause: She got a stroke when getting up...

Man dies in Big Thunder Mountain in Disneyland, Ca... Cause: Heart Attack...

Which means... that every ride and park mentioned above should be closed...

Although my heart cries for all of those people and their families... there's nothing you can do about it...

I myself felt pretty funny after Riding Everest... Cause: The heat...
Would I ride it again?? No... Disney's Fault? No...

There are hundreds of people who die in amusement parks, every year, just as in the real world, it was just unlucky that they were in the wrong spot at the wrong time......
The heat, the exitement, the rush and medical contitions... etc.. etc... all things that would possible effect on people...

Although, it's very hard for people to understand and accept these accidents.. there's nothing one can do about it...

We could close everything which may have a slight risk, bu then we would end with shows, and tours... and even these could be a hazard for people who have heat problems...

We could discuss and argue about those things for the rest of our lives... and we still would end up with a "YES" / "NO situation...

 

[mathmagic]

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.

I take issue with this incredibly harsh statement. You have no such proof and there never will be any.

The height restriction is for physical safety of size, not age or any other factor. Tests are conducted to make sure someone of a particular size will be held within the restraints while the ride is moving. Parents must still exercise their own judgement when determining whether to let a child ride a ride that they may be tall enough for. It has nothing to do with age.

 

[napnet]

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.

So you are saying that Disney knows every medical illness and when building rides knows that people with X issues shouldn't ride it? If so wouldn't they have a huge list of "if you have this, this, this, this.."? I really thing this was just an accident that easily could have happened on any ride anywhere. It could have even happen while his parents were driving and maybe took a corner to fast or stopped to fast. They are just looking for money is what i think. It's like my Business Law teacher told me... always sue the richest involved in an accident.

 

[tigger1968]

I have yet to understand how The Walt Disney Company could possibly be at fault in this situation. Of course this was a senseless tragedy, and my heart went out to the family at the time, and still does. However, with the discovery of his underlying medical condition, it becomes very clear that this was something that nobody could have forseen. Based on the medical description that Mimi was so quick to point out, if the child had been on a plane, and died during the takeoff, would the airline be liable for not realizing that this might happen? Or, as Steve used, do we sue the coach when the player dies of an unknown ailment? This was an accident. For Disney to have been negligent, there would have to have been some defect in the ride. There is none. Like others have pointed out, some of us cannot ride Mission Space. My wife was sick for hours afterwards. Is that Disney's fault? NO. She didn't know the ride would sicken her. By Mimi's logic, my wife's unknown inability to ride this ride is somehow Disney's fault.

The worst part of all this? The society we live in that perpetuates the notion of "if you think you have been wronged, sue." In this age of multimillion dollar judgements, too many people are too quick to listen to the lawyer who wants to win, regardless of liability. The high profile of the Disney Company seems to make them a perfect target for just this sort of behavior unfortunately.

 

[wannabeBelle]

I agree with the majority here. It is a sad statement to say but in this one no one was to blame. The boy's doctor could be held to blame but as others pointed out, this disease is really rare and virtually undetectable. The parent's could be to blame as they took the kid on the ride. I dont think this is fair either as they werent aware of the condition in their son, or I Am positive they would have NEVER gone on! Disney could be to blame because they built a high intensity ride which killed him. I dont agree there either. Disney did build Mission: Space and it is a major league intense ride. It certainly isnt for everyone and I know that. I am into rides and stuff like that doesnt affect me at all. I have a great time when I go on rides such as M:S, TOT, RnRCC< etc. If I die during one of those experiences due to a malfunction in my body, why on Earth would Disney be to blame??? Whenever you take an action in this life you are assuming some kid of risk. If the ride was faulty & Malfunctioned, then yes OK Disney should be held responsible. THe ride was operating within it's parameters so there is no question that that part is fine, there are certainly more than enough warnings while getting on the ride ( Scared the daylights out of me the first time I went on the ride!) What action would you have had Disney take to reasonably insure the guest's safety? What people need to get over is that not every attraction in Disney is right for every guest. Some are more intense and have warning lables that indicate the same. By going on these rides, the person does assume some liability that he has met the criteria put forth to enjoy the attraction. There are some rides I dont like to do and make me uncomfortable, so guess what ?? I make the decision not to experience that part of the park. MY choice for Me!!! Long story short is that to prove a wrongful death case, the lawyers are going to have to prove negligence and I frankly dont see how they are going to do that. Is the boy's death a tragedy, yes without a doubt. Is it acriminally negligent act? no Belle

 

[mickeysgal]

What I want to know is what why is Mission:Space the only ride to be blamed. I'm sure it's not the only ride they rode on that tragic day. If this little boy was anything like my little ones, he was probably on and off rides, running around, excited to the extent of exhaustion! All that with the heat and size of the park...he might have just worn himself out.

The ultimate tragedy is the death of this little life, and while I don't think their case is justified against Disney, who knows what I would do if I was the parent in this situation.

 

[olive10tails]

I'd like to reply as well...I work with animals. Hypertrophic cardiomyopathy is, unfortunately a condition that affects cats as well. It basically thickens the heart muscle leading to instantaneous death. Cats don't necessarily have to be stressed to pass away from this deadly killer. There is no way to detect this condition in a cat that is seemingly healthy. There are no heart murmurs detected,no breathing issues that can be present with other heart conditions in cats. A cardiac ultrasound is the only way to uncover this condition--not many owners or vets will have this test done on a healthy cat. Unfortunately, their heart overstresses and stops working. The same goes for humans. The poor boy could have died walking up the stairs in his house. The condition is undetectable. Unfortunately, the parents don't have a case, but will probably get money because it is Disney.

 

[CTXRover]

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


How many children would he have had?

The answers to your two questions are easy. Please forgive my straightforward answers. I do sympathize with the family and could never fathom losing a child at that age, but the facts of his disorder are clear and we all can't keep asking ourselves "what if" questions.

1) Young children with hypertrophic cardiomyopathy unfortunately have a very poor prognosis. Unfortunately the first presentation may be sudden death with no preceding symptoms. Most, if not all children with this heart condition do not live past their adolescent years. Its an unfortunate but scary truth of the disorder. Children with this heart condition progressively get worse with age with the mortality rate increasing by 4% every year. Given what the coroner who examined his heart reported, it was already in very bad shape, unfortunately. Adults can also develop hypertrophic cardiomyopathy. The difference is that in children it is usually genetic in origin and presents no later than the second decade of life (adolescent years). In adults, it usually develops as a secondary compensation of other medical problems, such as aortic stenosis, severe hypertension, and/or anything that requires the heart to pump stronger leading to increased muscle mass of the heart. When it develops in children, it is not the same thing.

2) None. With his medical condition, he would not have lived past his adoloscent years. I apologize if this offends anyone, but had he lived into his adolescent years and performed the "vigorous" act of "creating children", his heart probably would not have been able to take it.

 

[CTXRover]

For those interested more about his condition and didn't see my earlier pot, I posted the following in a another thread:

The child had a relatively rare heart condition called hypertrophic cardiomyopathy. In simplest terms, what it means is that the heart muscle itself was much "thicker" than you would see in a normal heart. With more muscle, the more blood flow is required to keep the muscle alive and well. With a traditional heart attack that one thinks of in older individuals, it is usually because the coronary arteries, the arteries that supply blood to the heart, become clogged and hinder blood flow. In this child's case, the blood flow was there, but it was not adequate enough to supply the "extra" heart muscle that was there. So when the heart beated faster, which required more oxygen via the blood, it didn't receive it which probably lead to ventricular fibrillation and sudden death in this child.

What is most devastating about hypertrophic cardiomyopathy, especially in children, is that its first presentation can be sudden death with no preceding symptoms as apparently was the case with this child. It is just a matter of what precipitating event will push it over the edge. As suprising as it may be, most young patients with this heart condition are usually asymptomatic until the precipitating event. The coronor's analogy to a popping balloon was likely an indication that the child's heart was likely so badly "damaged" that it was literally, and unfortunately, a ticking time bomb. The emotional stress that a child of that age would likely experience being strapped into an enclosed space with flashing buttons and loud noises may have been the most emotional/physical stress he had experienced up to that time in his life and it pushed him over the edge. The "experience" of MS is likely what indirectly caused this child's death, not the forces or safety of the ride. That is where the family will have a difficult time in the courtroom, imo. If it wasn't that, his heart would have continued to get progressively worse as he aged and he likely would not have made it into his adolescent years with the degree of hypertrophy he reportedly had. The most commonly heard story with a child with this type of heart condition is playing a sport in middle or high school and suddenly dropping dead on the field. Its scary, but again rare.

A careful cardiac exam by his pediatrician may or may not have picked up an irregular heart beat, extra heart sounds or a history of filling dizzy or passing out. Being only 4, there was likely a genetic cause in this case, so it would be interesting to know if there is a family history of heart conditions, sudden death, or arrythmias of unknown origin.

 

[Yen_Sid1]

What I want to know is what why is Mission:Space the only ride to be blamed. I'm sure it's not the only ride they rode on that tragic day. If this little boy was anything like my little ones, he was probably on and off rides, running around, excited to the extent of exhaustion! All that with the heat and size of the park...he might have just worn himself out.

The ultimate tragedy is the death of this little life, and while I don't think their case is justified against Disney, who knows what I would do if I was the parent in this situation.

I agree. And maybe he just had 2 large cokes and a cotton candy and his blood sugar was sky high and that could have added to the stress. There are lot of variables that could have added to it.

But did Disney force him to go on the ride? NO! it was completely optional. Who made the decision to go on the ride?

Just like if you go snow skiing. They have slopes that are rated black diamonds for experienced skiiers and green for beginners and also medium slopes also.

So if you send your kid down the hardest slope and somehow he dies and then the ski operations fault because they allowed you to do it despite all the warnings?

 

[William Marsden]

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.

[/quote]

This sort of corporation bashing attitude is exactly why so many people (including myself) despise most lawyers. (Let me guess, you're an attorney:lol: ). The current legal system keeps life-saving drugs off the market, drives the price of consumer goods up, drives medical costs through the roof (many ob/gyns have given up thier practices because they can't afford malpractice insurance), and squelchs the creativity and risk taking that are the driving force of our economy.

My prediction is this. Disney will settle for an undisclosed amount. The millions that Disney will have to spend defending itself could have been spent hiring more employees, creating new attractions and providing goods and services to an eager public. The money will not bring back this four year old boy to his grieving family. Most of fortune that Disney will have to spend will line the caufers of some blood-s__________g law firm.

Years ago, Rep. Henry Hyde introduced a "looser pays" bill in congress which would have forced a plantiff or a law firm to pay the court costs of a lawsuit that was found without merit. Of coarse, attorneys fought hard against the bill and it was defeated (who fights better then attorneys?). Oh, if such a bill could pass in congress so that plantiffs and unscrupulous law firms who want a piece of McDonalds for making coffee too hot or for having unhealthy menu items would think twice before going after a business that has the audacity to make a big profit in this politically correct society.

 

[MouseearsDeb]

Personally, I think it would be common sense for the responsible parent to "check" out the ride before allowing their "very young child with a mind that is not developed yet to understand what is happening" to ride a ride such as MS. I know that is what we did and afterwards there was no way in HE** that I would let my child of 4, height restrictions met and passed, to ride it. He would not have been able to understand what is happening to his body and mind and, in my opinion, his 'system' would not react like someone who is more developed. JMHO!

 

[splitdrums81]

Im not sure what to think anymore because injuries or deaths could happen anywhere at any park whether its six flags or disney. there should be something going into any amusement park then saying that you understand because there is always a risk everywhere

 

[jaredliu]

Looks like Disney's most ambitious ride has turned out very ugly now. Just look at the line, the line of chicken version is probably twice longer than the line of killer version. (well the word "killer" refers to the excitment of the thrill, not accusing anything) What is that mean? People being too sick to ride, or.....People are afraid of whatever happened to the two poor souls might happenen to themselves agian. Disney cannot be sure you are 100 percent healthy....and are you sure you can? Remember, its not Disney's fault if there's slightly tiny problem in your body that could attribute to your death...ok? Don't blame on Disney, blame on yourself becasue you chose to die (sorry i mean you choose to ride). go to the hosiptal for an extensive check on your weak body before heading to Disney world. You should thank Disney by letting you know you are not 100 percent healthy!!! But thinking practically, what could be done to prevent reputation getting worse or taking the risk of losing money from the dumb, greedy parents who would like to take advantage form thier dead child? (the discription of the parents is copied from Disney fans) It's easy, just make sure that everybody have to sign a waiver that you will not sue disney if you die over the course of the ride. Just like what they did on lots of tours such as Dive Quest. Basically you have to promise you will never sue disney that if one the shark in the living sea tank take your legs or arms for lunch. Tha is very sweet, hum?

 

[Kadee]

Personally, I think it would be common sense for the responsible parent to "check" out the ride before allowing their "very young child with a mind that is not developed yet to understand what is happening" to ride a ride such as MS. I know that is what we did and afterwards there was no way in HE** that I would let my child of 4, height restrictions met and passed, to ride it. He would not have been able to understand what is happening to his body and mind and, in my opinion, his 'system' would not react like someone who is more developed. JMHO!

I completely agree! Most 4 year-old children can not handle that much stress without something happening.....whether it be getting sick, dizzy or as the case of this child, death. I would have NEVER put my child on this ride at 4. I will not go on the original version. I get sick on the TeaCups; I don't want to even think of what the original M:S would do to me.

I truely feel horribly for this family. My sister lost her infant son to SIDS. There was no one to blame. Unfortunately, sometimes people, young and old, just die. There isn't always someone at fault. This family needs to realize this.

 

[jaredliu]

Let's just say that lots of people here who refused to go on the ride or not let their kids to go on this ride have been seriously affected by the fact that two have died after thier Space: Mission while they like to say the boy's death has nothing to do with M:S and the boy could die either or not he rode it.