The family of a prominent Florida lawyer who suffered a fatal heart attack while playing blackjack at Wynn Las Vegas is suing the casino for negligence.
David Jagolinzer was left slumped at the table for 16 minutes while the dealer continued to deal cards to other gamblers, according to the lawsuit. Meanwhile, Wynn security saw that something was wrong with him via the eye in the sky, but did not act, the suit claims.
In fact, far from rushing to offer emergency support, staff first began counting his gaming chips, according to the family’s attorneys.
Around 20 minutes after Jagolinzer suffered cardiac arrest, staff attempted to use a defibrillator on him. But the complaint claims they were not properly trained to use the device.
Family Needs to Know
“The family needs to know how and why casino security observes every player at a card table and will intervene if they think you are trying to cheat the house, but let David remain slumped over and unconscious on a gaming table while his brain was being deprived of oxygen,” Christian Morris, an attorney for the family, said in an email to The Las Vegas Review-Journal this week.
Jagolinzer, who was 48, died six months later from anoxic encephalopathy caused by the heart attack. This is where the brain is starved of oxygen after cessation of cerebral blood flow to brain tissue. The condition could have been avoided had he “obtained timely emergency medical treatment,” according to the lawsuit.
Jagolinzer was visiting Las Vegas to attend Mass Torts Made Perfect, an annual conference for plaintiff lawyers, and was staying at the Wynn.
As a lawyer, he specialized in complex cases involving victims of mesothelioma, a cancer usually caused by asbestos. He also dealt with product liability, toxic mass tort, catastrophic personal injury and wrongful death cases.
The law firm in which he was a partner, the Ferraro Law Firm, said in a statement he was successful in obtaining hundreds of millions of dollars for his clients in trials and pretrial settlements.
Fighting for Justice
“David dedicated his life to helping those in need and always fighting for justice. There are no words to describe the trauma we endured as a family this last year losing him,” his family said in a statement. “His death was a devastating tragedy that could have been prevented.”
The lawsuit alleges wrongful death, negligence, negligence in security, and negligence in training and hiring.
Wynn Resorts said in a statement it would vigorously defend itself against the “false allegations” made in the lawsuit.
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