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Park, mother differ on girl's injury

A Seminole woman says a fall at Busch Gardens left her child facing possible surgery. The park blames her weight.

By KEVIN GRAHAM
Published May 12, 2006

TAMPA - The little girl's mother says a slip and fall on a Busch Gardens water ride six years ago left her child with a limp and in possible need of a hip replacement, according to her federal lawsuit.

The amusement park blames her weight.

Busch Gardens officials say the Seminole girl's medical needs are mainly caused by a pre-existing weight problem. Nadya Hamad, now 12, weighed 108 pounds at age 6 when the accident occurred. Most dietitians suggest the average weight of a healthy 6-year-old child is about 50 pounds.

"Nadya's pediatric records are replete with notations of concern by her health care providers about Nadya's obesity, prompting them to give her mother advice on several occasions concerning diet and exercise," A. Courtney Cox, Busch Gardens' attorney, wrote in a court document.

After several years of litigation and mediation, Busch Gardens decided to settle with Nadya's family for $165,000. But her mother has reconsidered accepting it, after a guardian ad litem said the girl's future medical bills could exceed that amount.

Because the case involves a minor and a settlement of more than $25,000, state law requires the court to appoint a guardian ad litem to protect the child's best interests.

This morning, the family will ask U.S. Magistrate Judge Mark A. Pizzo to reject Busch Gardens' offer, based on the guardian ad litem's report.

Cynthia Matthews-Hamad filed the personal injury lawsuit in 2004 on behalf of her daughter. The incident occurred on June 3, 2000, while Nadya was getting off the park's Stanley Falls log flume ride.

Nadya and her aunt were standing to leave the log car when another log approached from behind and bumped Nadya's flume. The impact caused Nadya to lose her balance and hit her right knee on the padded inside of the ride, the lawsuit said.

Busch Gardens maintained the amusement park did nothing wrong to cause the fall. The log crafts routinely impact as guests enter and exit, but the collisions are minimal, the park said in court records.

In a statement, Busch Gardens said the park "has stringent ride-safety protocols" and the safety of guests and employees is paramount.

"There is a dispute in this matter as to how Ms. Hamad's injury occurred," but after negotiations, an agreement has been reached that will be presented for court approval today, the Busch officials said.

Paul R. Cavonis, the Pinellas County attorney for the girl and her mother, would not discuss details about her life since her fall. "She's doing as well as can be expected under the circumstances," he said.

Attorney Joseph D. McFarland, the court-appointed guardian ad litem, wrote that Busch Gardens employees were negligent in stabilizing incoming boats, assisting young children off the ride and warning guests of impending collisions from behind.

Busch Gardens said Nadya's family didn't report the accident to park officials right away. It was five days before she saw a doctor, who diagnosed a probable right knee sprain. Nadya's family didn't tell Busch Gardens for more than a year, the park said.

Nadya fell again within days of the Busch Gardens incident. Doctors diagnosed her with a hip problem that starts in the growing end of the thigh bone, causing it to slip from the top of the hip socket.

Medical experts for both sides in the case said that a contributing factor to this occurring in young children is obesity. Nadya underwent surgery to have pins placed in her right hip.

In July 2002, she received the same diagnosis in her left hip. Cox, the Busch Gardens attorney, wrote that the judge should toss out the guardian ad litem's recommendation to deny the settlement because he did not have enough information about Nadya's medical history related to her obesity.

McFarland, the guardian ad litem, wrote that the girl now walks with a pronounced limp, and needs a wheelchair to go a significant distance. She still requires physical therapy, and may need a right hip replacement, he wrote.

The lawsuit listed Nadya's mother as a care coordinator for the Salvation Army. Court records show that she filed for bankruptcy in 2002.

Nadya attended a private school until seventh grade, McFarland wrote. In public school, she's shown some signs of depression over the stigma of having a limp and using a wheelchair, he said.

"Nadya is of superior intelligence," McFarland wrote. "And despite her disabilities has made exceptional accomplishments in her academics over the last several years."

Times researcher Carolyn Edds contributed to this story. Kevin Graham can be reached at 813 226-3433 or kgraham@sptimes.com

[Last modified May 12, 2006, 00:55:11]