Family Life

02.08.13 | Jeremy Miller

While state law requires New York health clubs to have defibrillators and train staff to use them, they are not required to use them when a patron goes down. That's the ruling of New York's top court in the 2007 death of Gregory Miglino Sr., who collapsed in cardiac arrest at a Long Island health club owned by Bally Total Fitness of greater New York. Gym staff called 911, broadcast an in-house request for anyone with medical training and brought the club's defibrillator to Miglino's side, but a trainer detected breathing and a pulse and didn't use it. A doctor and medical student began CPR and paramedics arrived and shocked Miglino, but he died. The Court of Appeals is allowing a negligence lawsuit to proceed, but said the gym's duty is limited.