Family of boy killed by cannon sues Thurston County for $47 million

KOMO-TV | • Published September 23, 2008

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A child's death has his parents demanding answers and $47 million from Thurston County.

The accident took place on the Fourth of July 2007. A cannon exploded during a backyard party, shooting a piece of shrapnel hundreds of feet.

Devan Vyborny, 8, was hit by shrapnel and died.

The boy's family is taking legal action, blaming rescue crews and 9-1-1 dispatchers.

One of the family's attorneys alleged several errors were made by the those sent to save the boy's life.

Court documents allege "witnesses observed that the Medic One personnel appeared overwhelmed by the situation, and they did not know what medical devices to use on Devan."

The documents also state the medics did not get the boy to the hospital fast enough, contending the ambulance drove too slowly.

The 9-1-1 operators "negligently canceled" a helicopter airlift, the family alleges, and the county's medics and 9-1-1 staff are not properly trained.

Despite the allegations, the rescue crews actions had not been called into question until the claim was filed.

County officials said they're just learning about the potential lawsuit, and cannot comment about specifics.

An attorney for the family said the exceptionally large claim is meant to help all the family members traumatized by the accident, and also to send a message to Thurston County regarding its rescue crew's alleged incompetence.