Family sues National Grid for woman's death

Feb 9 - McClatchy-Tribune Regional News - Jillian Jorgensen The Eagle-Tribune, North Andover, Mass.

The family of a woman who died after the power was shut off at her home is suing National Grid.

Kay Phaneuf, 54, died after the power was shut off at her 18 Charles St. home on June 21.

The power was cut because the bill was more than $900 in arrears. Phaneuf needed an electric-powered oxygen machine to breathe. She was rushed to the hospital about an hour after the power went off and her husband found her. She died in a Methuen hospital three days later.

Phaneuf had failed to renew the medical protection on her account that would have stopped National Grid from cutting power.

National Grid made repeated requests to renew that status, according to documents released by Rockingham County Attorney Jim Reams' office last year. Investigations by Reams' office and the Public Utilities Commission found that National Grid was not responsible for Phaneuf's death.

The lawsuit seeks unspecified damages, charging the utility company with negligence and wrongful death. The lawsuit is being filed on behalf of Stephen Phaneuf, Kay Phaneuf's husband. It was filed by attorneys Patrick Jones and Robert DeLello of Boston.

National Grid spokesman David Graves said the utility company's sympathies continued to go to the Phaneuf family.

"There were reviews done and we would agree with the findings of the Salem Police Department, the Rockingham County attorney's office and the New Hampshire Public Utilities Commission that Mrs. Phaneuf's death was a tragic accident," Graves said. "And those investigations determine that our actions conformed completely to New Hampshire regulations."

National Grid will investigate the claims in the lawsuit, Graves said, but he said it would be inappropriate to comment on the case while it is being litigated.

The lawsuit alleges National Grid employee David Saffie, who is not named as a defendant, shut the power despite a "red sign posted which read 'no smoking/oxygen in use' on the front door." Stephen Phaneuf came home to find his wife unconscious on the bathroom floor, and the alarm on her oxygen machine sounding. She was rushed to Holy Family Hospital in Methuen, but never recovered.

The medical examiner ruled her death was caused by her severe oxygen-dependent chronic obstructive pulmonary disease, "in the setting of lack of electricity to operate home oxygen generator," according to the lawsuit.

"This is an action against the defendant, National Grid, for its negligence in failing to provide electrical service that was safe, just and reasonable," the complaint reads.

The lawsuit alleges National Grid knew of Kay Phaneuf's medical condition, but disconnected the power anyway, which would be illegal. But the lawsuit does not mention her failure to respond to requests from the utility company to renew the medical protection on her account, cited in the county attorney and PUC reports released last year.

"On at least eight occasions prior to June 21, 2010, and likely more than eight, Kay Phaneuf notified National Grid of her medical condition and her need to use an electrically powered oxygen machine," the lawsuit reads.

The complaint argues the utility company had an obligation not to disconnect her service under the Public Utilities Commission's codes, but the PUC found in a December report that National Grid had done nothing wrong.

"The death of Kay Phaneuf occurred as a direct and proximate result of the negligent actions and omissions of the defendant, National Grid," the lawsuit reads.

In addition to negligence and wrongful death, the lawsuit alleges National Grid caused Phaneuf conscious pain and suffering, and caused Stephen Phaneuf loss of consortium.

The lawsuit asks for damages "in an amount sufficient to compensate (Stephen Phaneuf) for his losses," enhanced damages and a jury trial.