It was every family’s nightmare: a loved one is away from home and suffers a health emergency. That is exactly what happened to Florida attorney David Jagolinzer on April 6, 2022 while staying at the Wynn Las Vegas, and it resulted in his death. His family believes the tragedy did not have to happen and has filed a wrongful death lawsuit against the casino.
“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.”
In town for the annual Mass Torts Made Perfect conference, Jagolinzer decided to do what many visitors do when staying at a casino: play some blackjack. During the blackjack session on that Wednesday, Jagolinzer suffered a cardiac arrest and slumped over the table. For whatever reason, according to a complaint filed last week, the dealer continued to deal cards.
Seemingly unconcerned about a man who was clearly having some sort of issue, Wynn employees allegedly counted his chips rather than checking on him. The lawsuit also states that security could see what was happening on surveillance footage, but chose not to respond.
Someone from the Wynn did finally see if Jagolinzer was doing ok, but it wasn’t until 16 minutes had elapsed since he experienced the cardiac arrest. Four minutes later, employees tried using a defibrillator on him, but the lawsuit claims that they were not properly trained on the life-saving device.
Jagolinzer passed away six months later, on October 18, 2022 from anoxic encephalopathy directly related to his cardiac arrest. Anoxic encephalopathy is a brain injury caused by the stoppage of blood flow to the brain tissue.
Christian Morris, the family’s attorney, told the Las Vegas Review-Journal, “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.”
The lawsuit alleges several charges, including wrongful death, negligence, negligence in security, and negligence in training and hiring.
In a statement, Wynn Resorts says the allegations are “false” and that it will fight the charges.
