Honolulu Facing Suit Over Fatal Ambulance Fire

The City of Honolulu is facing a lawsuit by the family of a 91-year-old man who burned to death in an ambulance during transport. Fred Kaneshiro died in the August 24, 2022 explosion and fire that investigators concluded was related to a faulty oxygen regulator.

The suit names the two EMTs working the ambulance along with several medical device providers as defendants.  The facts as set forth in the complaint are as follows:

  • On August 24, 2022, EMS dispatched Defendants EMT MATSUURA and MICT WILKINSON to the Windward City Shopping Center to provide help and/or medical assistance for a 91-year-old male.
  • Defendants EMT MATSUURA and MICT WILKINSON responded and arrived at the Windward Mall via an EMS ambulance and located Mr. Kaneshiro. They performed an assessment and provided Mr. Kaneshiro with supplemental oxygen via a non-rebreather mask that was connected to the Subject portable oxygen cylinder/tank (size jumbo-D).
  • Defendants EMT MATSUURA and MICT WILKINSON strapped Mr. Kaneshiro onto a gurney, transported Mr. Kaneshiro to the EMS ambulance, and then transferred Mr. him into the EMS ambulance in the patient compartment.
  • Mr. Kaneshiro was sitting up and conscious as he was loaded into the EMS ambulance.
  • After Mr. Kaneshiro was loaded and secured into the patient compartment of the EMS ambulance, Defendants EMT MATSUURA and MICT WILKINSON began their transport of Mr. Kaneshiro from Windward Mall to Castle Medical Center’s emergency room.
  • The EMS ambulance was driven and operated by Defendant EMT MATSUURA while Defendant MICT WILKINSON attended to Mr. Kaneshiro in the patient compartment of the Subject EMS ambulance.
  • At some point while enroute to Castle Medical Center’s emergency room, Defendant MICT WILKINSON decided to change oxygen administration to Mr. Kaneshiro from the non-rebreather mask that was connected to the Subject portable oxygen cylinder/tank to a CPAP (continuous positive airway pressure) mask that received oxygen from the main oxygen system of the EMS ambulance via a wall outlet or port.
  • The wall outlet or port for oxygen is connected to a main Y size oxygen cylinder/tank.
  • About the same time the CPAP mask was affixed to Mr. Kaneshiro’s nose and mouth, an IV line was also established for him. Mr. Kaneshiro at this time was alert and oriented.
  • As the EMS ambulance carrying Mr. Kaneshiro approached or was entering Castle Medical Center’s parking lot to the emergency room facility Defendant MICT WILKINSON commenced switching Mr. Kaneshiro from the non-rebreather mask (connected by a hose to the Subject oxygen cylinder/tank regulator assembly attached to the Subject portable oxygen cylinder/tank) to a CPAP mask which drew its oxygen supply from the wall outlet of the EMS ambulance.
  • Defendant MICT WILKINSON disconnected or detached the CPAP mask hose’s male connector from the Ohmeda quick-connect wall outlet located in the ambulance wall – the main Y size oxygen cylinder/tank supplying oxygen to the EMS ambulance’s wall outlet – and then to Mr. Kaneshiro’s CPAP mask. Defendant MICT WILKINSON did not turn off the oxygen regulator assembly.
  • While Defendant MICT WILKINSON attempted to or was in the process of connecting, attaching, and/or coupling the CPAP mask hose’s male connector to the female connector of the hose attached to the Subject portable oxygen cylinder/tank, a loud explosion occurred, which was immediately followed by a bright flash and a violent fire erupting around Defendant MICT WILKINSON in the EMS ambulance patient compartment.
  • At or around this time, the Subject portable oxygen cylinder/tank’s valve was open, and the gas regulator was pressurized.
  • Defendant MICT WILKINSON did not turn off the oxygen flow from the main Y size oxygen cylinder/tank before or after disconnecting or detaching Mr. Kaneshiro’s CPAP mask hose’s male connector from the Ohmeda quick-connect wall outlet.
  • A loud hissing noise described as a propane blow torch was also heard from the direction of the Subject portable oxygen cylinder/tank regulator mounted on or attached to the Subject portable oxygen cylinder/tank.
  • When the loud explosion occurred, the plexiglass panel separating the driver’s compartment from the EMS ambulance patient compartment was forcefully blown into the driver’s compartment, and the driver’s compartment immediately filled up with black smoke and intense heat.
  • The EMS ambulance Fire was amplified by 100% O₂ under high pressure acting as an oxidizer, and the O₂ cylinder, which is a component of the Subject portable oxygen cylinder/tank and regulator assembly, acted like a large flamethrower igniting  surrounding materials easily and quickly, and the continuous flow of O₂ out of the regulator most likely created the loud hissing.
  • Defendant EMT MATSUURA stopped the EMS Ambulance in the parking lot of the Castle Medical Center, opened his driver’s door, and exited the EMS Ambulance.
  • He immediately ran to the back of the ambulance and pulled open the rear door.
  • A black plume of smoke poured out from inside the rear of the EMS ambulance.
  • Defendant MICT WILKINSON then jumped out of the back of the EMS ambulance.
  • Once outside, Defendant MICT WILKINSON quickly made his way up towards the emergency room for treatment.
  • Mr. Kaneshiro remained helpless and trapped in the EMS ambulance’s compartment still strapped to the gurney.
  • The Fire, which was described as a fireball coming out of the rear door of the EMS ambulance, completely engulfed Mr. Kaneshiro and the entire patient compartment.
  • After Honolulu Fire Department arrived, HFD initiated a Fire Attack through the open rear door of the ambulance.
  • It took firefighters nearly 10 minutes to extinguish the Fire because it continued to reignite.
  • After the Fire was finally extinguished, a search in the patient compartment of the EMS ambulance was conducted and it was confirmed there was one victim, Mr. Kaneshiro, who was located on the gurney.
  • Mr. Kaneshiro, who was strapped down onto a gurney, did not make it out and burned to death from the fire.

The suit alleges negligence, gross negligence and wrongful death against Honolulu and the EMTs, as well as strict liability, breach of warranty, and wrongful death against the medical device providers.

Here is a copy of the complaint.

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
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