Copter Victim's Family Files Suit

Copter Victim's Family Files Suit
The Family Says It Hopes The Lawsuit Will Force Improvements
In Safety On Medical Evacuation Flights.
By Steven G. Vegh
Portland Press Herald
March 2, 1994

The family of a man killed Nov. 19 in the crash of a medevac helicopter sued the pilot Tuesday, saying they hope the action will foster improved safety in emergency transportation.

"That adds purpose and meaning to this disaster," said Wayne D. Fernald, the victim's son. "Until we do that, we're not going to feel at rest, and the whole family feels that way."

Douglas Fernald was a burn patient aboard Airmed's helicopter en route to Maine Medical Center when the aircraft crashed into Casco Bay. Fernald, 70, and two crew members died. The pilot, John G. "Sean" Rafter, survived.

The Federal Aviation Administration said in February that the helicopter crashed because it ran out of fuel. The agency accused Rafter of 11 violations of regulations during the fatal flight, and revoked his license. Rafter appealed the FAA's findings.

The lawsuit in Cumberland Superior Court accuses Rafter and his two companies, Echo Inc. and Airmed Skycare Inc., of negligence and recklessness.

The suit was filed on behalf of Fernald's estate and his children, Wayne and Richard A. Fernald and Deborah A. Erickson. All live in Massachusetts.

James G. Goggin, Rafter's attorney, said he had not seen the suit and had no comment. The suit seeks a jury trial. Jurors would set the amount of compensatory and punitive damages.

Airmed remains in business, transporting medical patients in airplanes, said Jay Bradshaw, assistant director of the state's board of emergency medical services. It is not flying helicopter missions.

Michael B. Latti, the Fernald family's Boston attorney, said the lawsuit and punitive damages are aimed at prompting changes by the state, the federal government or the emergency transportation industry to improve safety for patients and crews.

"If other lives can be saved because these changes result in safer, more effective delivery of emergency care, then no longer can my father's death be in vain," Wayne Fernald said.

The punitive damages also reflect what Latti called the pain and emotional distress Douglas Fernald suffered before and after the crash.

"We will show that prior to the impact, he became aware of the problem and that there could be nothing more frightening than, when you're injured and strapped in, that you now know you're going to crash into the ocean," Latti said.

Latti refused to say how he knew what Fernald felt at the time of the crash. He has not interviewed Rafter, the sole crash survivor.

Unlike Fernald's family, the families of the dead flight crew members probably cannot sue for damages.

"Generally, the employees' (or survivors') only recourse would be through workers' compensation," said James McGowan, executive director of the state workers' compensation board. "In most cases, comp would be the sole recourse."

Francis Jeton, whose son Matthew T. Jeton died in the crash, said Tuesday that his family is not planning a lawsuit. He declined further comment.

Caroline Stewart, who was Fernald's companion at his home in Sullivan, applauded the lawsuit. She said she also may sue.

Latti said Fernald's family would consider a settlement if it is "reasonable and accomplishes what they set out to do." He said the case probably would not go to trial for a year or more.