Radio Station Facing Homicide Probe And Lawsuit

[MrsSpringsteen]

Over that woman who died from water intoxication in Sacramento

The staff of the show has been fired and the show has been cancelled

I heard the tape, the way they joked about her feeling ill was just unbelievable. She signed a waiver, so everything was hunky dory in their minds and they joked about it. At some point these shows have to reign in their behavior and their little stunts-when someone dies I would think that is the time. Actually before someone died would have been much better. Of course it's also a sad commentary that she did that for a Nintendo, but was she truly aware of the risk involved?

http://abcnews.go.com/US/story?id=2803402&page=1

Most people in the poll there feel the radio station is responsible for her death

 

[BVS]

I've never heard of water intoxication. You learn something new everyday.

There was truly some irresponsible behaviour in this event, waiver or not. But I find it surprising that 10 people were fired.

 

[LarryMullen's POPAngel]

Sad. At the same time, someone who agrees to this sort of thing to win a video game system is a little off, IMO. But then again, the disc jockey's could have been more responsible.

A video game isn't worth even "remotely" risking your life over.

And I'm with BVS - no idea water intoxication even existed. Weird.

 

[MrsSpringsteen]

about.com

Hyponatremia and athletes

Can too much water harm marathon runners? Reuters Health recently reported just that. When runners collapse or get sick at the end of a long race, it seems logical to give them fluids. Sometimes, however, water is the last thing these athletes need, researchers report.

In the current issue of Annals of Internal of Medicine, investigators report ( Report 1 and Report 2) on marathon runners who developed brain swelling as a result of "water intoxication." All had taken in too much water during their races, causing sodium levels in the blood to drop. From there, according to Dr. J. Carlos Ayus, excess water is absorbed into blood and fluid builds up in the brain. Eventually, fluid accumulates in the lungs, and athletes become breathless and nauseated.

Ayus, a professor of medicine at Baylor College of Medicine in Houston, Texas, told Reuters Health that when runners collapse or become ill, the natural assumption may be that they are having a heart attack. Yet, rather than being a sign of heart attack, fluid build-up in the lungs--called pulmonary edema--may signal brain swelling, according to Ayus. "I believe," he said, "that this is what happens to many people who collapse and die after a race. It should be diagnosed more often now." In their report, Ayus and his colleagues describe the cases of seven marathoners who collapsed and had nausea and vomiting after their races. When brain scans revealed swelling, six of the patients were treated with an intravenous solution containing high amounts of sodium--a water-depleting treatment that is directly the opposite of the low-sodium solutions that runners may receive if they are misdiagnosed, Ayus noted. The seventh patient, who was not diagnosed with brain swelling, later died; an autopsy revealed that there had indeed been fluid on the brain. Five of the patients were female, suggesting that women may be more prone to water intoxication and its effects on the brain and lungs. And, Ayus pointed out, all seven had a history of using nonsteroidal anti-inflammatory drugs--painkillers that include aspirin. These drugs can block the excretion of water from the body, he explained. Whether athletes other than marathoners experience this series of events is unclear, but Ayus said that it is possible. Runners who become breathless and nauseated after drinking large amounts of water during a race should go the hospital, he advised. There, he added, doctors should check blood sodium levels.

"The natural response to these symptoms is to drink a lot of water," Ayus said. "And, yes, you can get into trouble if you don't get enough water. But too much water can also cause trouble."

SOURCE: Annals of Internal Medicine 2000;132:711-714.

 

[dazzlingamy]

A girl at my high school almost died from water intoxication, so i've known about it but i understand how lots of people wouldn't.

I feel very very sad about this. Sad for the woman and her family, sad for the radio people who joked around (but clearly had no malice intended towards her, and would have assited if they truly thought something was wrong)

its just a bad situation, and a badly mishandled one, but homocide? i don't think so.

 

[MrsSpringsteen]

But how much research did anyone do beforehand about the possible risks associated with this? It appears this woman didn't but the radio station couldn't have either, or they never would have exposed themselves to such a risk. I would think this would be a big wakeup call to radio and tv shows who use stunts such as that.

I believe it would be classified as some sort of negligent homicide, which is different under the law- it is not intentional homicide in my limited understanding.

 

[yolland]

Wouldn't manslaughter be a more appropriate charge? But yes, definitely it sounds like they knew enough about the risks and what might be going on. That's an awful way to lose a life; hopefully this will put an end to "contests" like that.

Judy Linder, a registered nurse, was listening to the program and was so alarmed that she asked a colleague to call and warn the station.

"She told them you could die from water intoxication," Linder told ABC affiliate KXTV in Sacramento. "He [the disc jockey] pretty much blew that off and said they signed a release so, so what? Then he said why don't your guys come down here and do it, and we said because we don't want to die."

According to a tape of the show, the disc jockeys appeared to joke about the possible dangers of consuming too much water and alluded to a college student who had died during such a stunt in 2005.

"Yeah, we're aware of that," one of the disc jockeys said.

Another disc jockey said: "Yeah. They signed releases, so we're not responsible. We're OK."

I've run several marathons before, and yeah one thing they always warn you about nowadays is not drinking too much water during the race--there are even techniques for how to consume it on the run properly, to reduce the likelihood of both this and other complications.

 

[dazzlingamy]

I don't know, lots of people don't know about water intoxication, it may not have been something they would have even thought about to research.

I'm not saying they're in the wrong and shouldn't be punished, i just think that placing a homocidal, or manslaughter charge against them is straining a bit. The woman chose to go into the competition, and obviously there were other contestants who went in and didn't die.

Its like skydiving. They say when you sign a waiiver that there is a small chance somethign could go wrong and you'll die. I'm sure if this clause was put into the waiver she signed, she'd still have done it because its a very small percent to actually get water intoxication. Also they didn't force her into it, or she wasn't put on a machine pumping it into her body, she manually did it herself. Although its a terrible terrible thing, i don't think pointing the law at people to pay for her death is going to solve anything except take the 'accept ones actions' further away then it already is.

 

[dazzlingamy]

Judy Linder, a registered nurse, was listening to the program and was so alarmed that she asked a colleague to call and warn the station.

"She told them you could die from water intoxication," Linder told ABC affiliate KXTV in Sacramento. "He [the disc jockey] pretty much blew that off and said they signed a release so, so what? Then he said why don't your guys come down here and do it, and we said because we don't want to die."

According to a tape of the show, the disc jockeys appeared to joke about the possible dangers of consuming too much water and alluded to a college student who had died during such a stunt in 2005.

"Yeah, we're aware of that," one of the disc jockeys said.

Another disc jockey said: "Yeah. They signed releases, so we're not responsible. We're OK."

hmmmm, its seems like they had prior knowledge, perhaps negligance? (did they put a warning about it in the waiver or not - that could be the key)

 

[Liesje]

I believe it would be classified as some sort of negligent homicide, which is different under the law- it is not intentional homicide in my limited understanding.

I agree. It's not "murder", at least not according to my state's statutes, unless they knew and also intended for this to happen. Manslaughter, definitely. Maybe I'm in the minority, but I knew about water poisoning. And any adult knows that too much of one thing will eventually kill you.

 

[MrPryck2U]

Well, all parties involved should be sued and/or held accountable crimianally for this lady's death. The producer who approved the contest really had to have had his head up his/her ass.

 

[randhail]

Well, all parties involved should be sued and/or held accountable crimianally for this lady's death. The producer who approved the contest really had to have had his head up his/her ass.

Why shouldn't the lady involved have any responsibility in this? Yes, the radio station people were stupid for doing this, but I think the woman is even stupider for involving herself in this. It's a $250 video games system, hardly worth losing one's life over. Sure, her family will get some money out this, because that's the way the country works, but should she get any? No.

 

[Lally1011]

Whoever made the decision to fire these guys and shut down the program should have been consulted with first. It's quite apparent that the station wasn't being managed properly.

These guys buried themselves - they had a contestant drink two gallons of water KNOWING that the consequences could be fatal.

There's room to argue the contestants fault as well, however, the radio station is a public service and it is thier responsibility to ensure the safety of the public. That's business.

 

[BVS]

Why shouldn't the lady involved have any responsibility in this? Yes, the radio station people were stupid for doing this, but I think the woman is even stupider for involving herself in this. It's a $250 video games system, hardly worth losing one's life over. Sure, her family will get some money out this, because that's the way the country works, but should she get any? No.

I think there's a certain understanding that a contest or event put on by a major corporation has been thought out or "tested" and is somewhat safe. Is this the correct assumption, I don't know.

 

[Angela Harlem]

Obviously the lady had absolutely no idea consuming a large volume of water can be fatal. Seems the radio station were the same. In this day and age of suits, I am surprised they didn't check the risks beforehand. I am also surprised at how little known it is that drinking excess water is harmful. I even read somewhere once (possible a Dr Karl book ) that it only takes a few litres in one sitting to get yourself into serious bother.

 

[Vincent Vega]

Obviously the lady had absolutely no idea consuming a large volume of water can be fatal. Seems the radio station were the same. In this day and age of suits, I am surprised they didn't check the risks beforehand. I am also surprised at how little known it is that drinking excess water is harmful. I even read somewhere once (possible a Dr Karl book ) that it only takes a few litres in one sitting to get yourself into serious bother.

Judy Linder, a registered nurse, was listening to the program and was so alarmed that she asked a colleague to call and warn the station.

"She told them you could die from water intoxication," Linder told ABC affiliate KXTV in Sacramento. "He [the disc jockey] pretty much blew that off and said they signed a release so, so what? Then he said why don't your guys come down here and do it, and we said because we don't want to die."

According to a tape of the show, the disc jockeys appeared to joke about the possible dangers of consuming too much water and alluded to a college student who had died during such a stunt in 2005.

"Yeah, we're aware of that," one of the disc jockeys said.

Another disc jockey said: "Yeah. They signed releases, so we're not responsible. We're OK."

She probably didn't know, but they knew.

I really hope the contests now will become more creative again.
Not such stupid crap.

 

[verte76]

People do the damnedest things.

 

[U2Girl1978]

The disc jockeys make me sick. They made it out to be some sort of joke and totally blew it off. Unreal.

 

[financeguy]

Why shouldn't the lady involved have any responsibility in this? Yes, the radio station people were stupid for doing this, but I think the woman is even stupider for involving herself in this. It's a $250 video games system, hardly worth losing one's life over. Sure, her family will get some money out this, because that's the way the country works, but should she get any? No.

Good point - personal responsibility seems to have gone out the window in our litigation addicted society.

 

[BVS]

Good point - personal responsibility seems to have gone out the window in our litigation addicted society.

Same can be said for the radio station.

 

[Diane L]

One aspect of this sad story that I haven't seen addressed is the "shortage" of the Wii and game consoles like this. Don't tell me Microsoft can't produce enough of these machines when they're first released...they deliberately create a demand that can only be satisfied by people waiting outside of stores the night before their release or by buying it for a ridiculous price on eBay.

As for personal responsibility...when it comes to the happiness of their kids, parents often think with their hearts instead of their heads. That's why they camp outside stores for a Wii or shove each other while trying to grab that laughing Elmo doll. And that's why this woman literally drank herself to death. My heart goes out to her family at this heartbreaking time.

 

[anitram]

Wouldn't manslaughter be a more appropriate charge?

Than what?

 

[Lally1011]

Also....I wonder how shows like Fear Factor got away with so much more. Probably because they do thier homework first...unlike this radio station.

 

[indra]

Why shouldn't the lady involved have any responsibility in this? Yes, the radio station people were stupid for doing this, but I think the woman is even stupider for involving herself in this. It's a $250 video games system, hardly worth losing one's life over. Sure, her family will get some money out this, because that's the way the country works, but should she get any? No.

I do think the radio station had a duty to find out what the potential risks any contest it sponsors subjects it's contestants to and to make sure the contestants know those risks. Then the people running the contest should know what the signs of trouble are and what to do if any of the contestants exhibit those signs.

Both contestant and station (and it's employees) are responsible for the contestant's death. However, I think the point at which the station (and it's employees/interns etc.) became more culpable than the contestant was when that contestant complained that her head hurt and also of lightheadedness (which apparently are classic water intoxication symptoms) and the people running the contest did nothing. By this time the contestant was almost certainly incapable of making rational decisions and so needed someone to do that for her. The station employees were supervising the contest, therefore they should have been watching for signs of water intoxication (which they, by their own admission on the air, knew was possible and knew could be fatal). That they chose to do nothing to get aid for a contestant in distress is what ups their level of blame.

Of course I have no idea how this would hold up in court....

 

[meegannie]

^ Well said. I think the contestant, like most people would, probably trusted the radio station to have done their research and be prepared for anything which might go wrong (within reason, obviously!).

Anyway, I really, really hate DJs on this sort of show. I hate how they all have the same annoying way of speaking; it's like the movie trailer guys, but a thousand times more irritating.

 

[LJT]

One aspect of this sad story that I haven't seen addressed is the "shortage" of the Wii and game consoles like this. Don't tell me Microsoft can't produce enough of these machines when they're first released...they deliberately create a demand that can only be satisfied by people waiting outside of stores the night before their release or by buying it for a ridiculous price on eBay.

As for personal responsibility...when it comes to the happiness of their kids, parents often think with their hearts instead of their heads. That's why they camp outside stores for a Wii or shove each other while trying to grab that laughing Elmo doll. And that's why this woman literally drank herself to death. My heart goes out to her family at this heartbreaking time.

The Wii is made by Nintendo, bit still it's a bit of a stretch to implicate the console manufacturer in any of this.

 

[ShellBeThere]

Than what?

Manslaughter instead of negligent homicide...that the assholes knew they were setting up a dangerous contest that carried real risks of death, and that they blew off concerns about it, that they joked about it. If you give somebody a bottle of alcohol and say if you can drink this whole bottle at once we'll pay you 300 bucks and they die of alcohol poisoning and people around you are saying hey that's really dangerous and you say who cares she signed a release...is that just "negligence" or is it something for which you should be held more deeply responsible, like if you were knowingly getting behind the wheel drunk and cause a death?

This sounds really awful, I'm glad to hear that the staff got their sadistic obnoxious asses canned.
Sure, this woman wasn't too bright, but it sounds like they *knew* how this could potentially kill someone and thought the whole thing was funny.
It's part and parcel of that whole legalistic instead of caring aspect to our society that they thought they could laugh it all off because hey the fool signed a release...

a sad thing all around...
people assume that they for a radio contest even if they sign a release they are not going to be asked to do something that carries a truly serious risk of harm. And the whole point, not just a small possibility!, of the exercise was to get yourself as close as possible to the danger of death as you can! Totally analogous to how many shots can you do before you go into a coma imho...

 

[BrownEyedBoy]

I think this is a really sad story. However, nobody involved acted with bad intentions.

I think it all comes down to the release form she signed. I´m not sure if it´ll hold up in court, though.

 

[Liesje]

Isn't "negligent homicide" a type of manslaughter, or another word for it? I don't have my MCL book here but I can check when I get home. It's only for Michigan statutes, but it's probably similar if not identical in other states.

 

[BVS]

I think this is a really sad story. However, nobody involved acted with bad intentions.

I think it all comes down to the release form she signed. I´m not sure if it´ll hold up in court, though.

You don't need intent in INVOLUNTARY manslaughter or NEGLIGENT homicide.