Negligent Supervision of Teenagers – Fatal Fentanyl Overdose

Fowler | Helsel | Vogt secured a policy limits settlement of $1,100,000 on behalf of the parents of a teenager who died following a fatal overdose of fentanyl. The deceased teenager was staying at a friend’s house while both parents were home. The teenage friend had a history of drug use that her parents had knowledge of. The decedent and her friend took a pill that was laced with fentanyl causing her to overdose almost immediately. Rather than calling for help, the friend did nothing as the decedent struggled to breathe. Despite having Narcan available in the home, the homeowners failed to engage in any supervision of the teenagers. Decedent was found dead in her friend’s room the following morning. The Defendant homeowners disputed liability and argued they had no duty to monitor or supervise the teenagers’ activities in their home.

Facts of the Case

Decedent was just two days away from her high school graduation and wanted to hang out with her friends. After going to a graduation party, Decedent went back to her friend’s house to stay the night. At this point, the night begins to turn tragic. The friend had counterfeit oxycodone and Xanax tablets containing fentanyl. F | | H | V would later discover that the friend had overdosed on fentanyl on at least one prior occasion. Her drug use was such a problem, that her parents kept Narcan available in their home. Decedent ingested one of the counterfeit tablets. For hours while inside the Defendants’ home, Decedent was overdosing from fentanyl and in respiratory distress. Nobody in Defendant’s home called 9-1-1 that night. The next morning, Decedent’s lifeless body was discovered.

Legal Strategy

Our legal team conducted an in-depth investigation, including obtaining cell phone videos and text messages that helped “re-create” the events of the tragic night. The horror of this time period, and the total lack of any assistance by Decedent’s friend and Defendant homeowners, was documented by both text messaging and videos recorded by the friend. Once this evidence was presented to defense counsel, the homeowners’ insurance company had no choice but to settlement for the policy limits of $1,100,000.

Conclusion

Early investigations are critical to injury claims. Evidence is often lost, erased, and deleted by defendants. In this case, justice was only obtained for the wrongful death victim because of F | H | V’s ability to quickly get access to cell phones and witnesses.