Blackjack dealer continued game as man in cardiac arrest slumped over table, suit says

A blackjack game at a Las Vegas resort and casino continued for more than 15 minutes after a man “convulsed and slumped” over the card table, a Nevada lawsuit says.

The family of the man, David A. Jagolinzer, a trial lawyer from Miami, is suing Wynn Resorts, saying that casino staff did not respond quickly enough to help him after he went into cardiac arrest. He was hospitalized and died months later, according to the lawsuit filed Feb. 15.

“Employees for (Wynn Resorts) allowed (Jagolinzer) to remain in a state of medical emergency at the blackjack table while they dealt cards to others,” the lawsuit says. ”Employees for (Wynn Resorts) did not check to see if (Jagolinzer) needed medical attention or if he was breathing.”

A spokesperson for Wynn Resorts, a hotel and casino on the Las Vegas strip, said in a statement that the company will “strongly defend itself against the false claims made in this lawsuit.”

‘They’re literally gambling around him’

On April 6, Jagolinzer, who was in Las Vegas for a conference, according to his family’s attorney, was playing blackjack with his friends at the Wynn Resorts casino, the lawsuit says .

At one point, his hand “began convulsing” before he “collapsed and became slumped over on the blackjack table with his head down,” the lawsuit says.

A dealer kept dealing cards to another player, according to the lawsuit.

Jagolinzer lay slumped over with his arm out on the table for an “unreasonable amount of time” before anyone checked on him, the lawsuit says.

“They’re literally gambling around him,” Christian Morris, an attorney representing Jagolinzer’s family, told McClatchy News. “Every minute that they’re gambling around him, his life is slipping away from him.”

Security footage from the casino floor shows Jagolinzer unconscious at the table as a casino employee begins counting out his gaming chips, the lawsuit says .

Sixteen minutes after his initial medical episode, a second card dealer checked on Jagolinzer and called security, the lawsuit says.

Security officers arrived with a bag and a defibrillator about 20 minutes after Jagolinzer collapsed but were not properly trained in how to use the device, the lawsuit says.

Two bystanders who were nurses tried to use the defibrillator and give Jagolinzer CPR, according to the lawsuit.

Paramedics arrived with their own defibrillator 26 minutes after Jagolinzer first slumped over the blackjack table and were able to restart his heart, according to the lawsuit and Morris.

Jagolinzer died on Oct. 18 at the age of 48 due to “anoxic encephalopathy related to cardiac arrest with prolonged resuscitation,” the lawsuit says. Anoxic encephalopathy occurs when oxygen and blood supply to the brain decreases, often because of cardiac arrest, according to the National Library of Medicine.

His death could have been prevented if he had been given “timely emergency medical treatment,” according to the lawsuit.

“Wynn and its employees failed (to) check on the wellbeing of (Jagolinzer) as he sat there slumped over on the gambling table, sustaining traumatic brain injury from lack of oxygen to his brain,” the lawsuit says.

“Response time is vital,” Morris said. “While he was sitting there, he was unconscious and eventually did lose his ability to breathe, he was surrounded by people who are quote trained to look out for these medical episodes and to make sure the patrons on their property are safely cared for.”

‘People who needed help were his priority’

As a trial lawyer in Miami, Jagolinzer was known for his passion for helping people, Morris said.

“There is no doubt from everyone that I’ve spoken with, including his family, that he worked tirelessly to help people,” she said. “Regular people who need help were his priority.”

Originally from Providence, Rhode Island, Jagolinzer graduated from the University of Miami Law School in 1999, according to a bio on the website of the law firm where he was a partner, The Ferraro Law Firm. He interned in Milan, Italy, during law school and spoke fluent Italian.

Many of his cases focused on victims of mesothelioma, a type of lung cancer often associated with exposure to asbestos, and those who were injured in catastrophic events, the website says.

“He truly cared about his work and treated each person in his professional network, both colleagues and clients, with compassion, fairness, and understanding,” the website says.

He also was “devoted” to his family and friends and had two daughters, according to the law firm. He enjoyed traveling, cooking, going to the beach, and spending time with his wife and kids.

“They are absolutely devastated,” Morris said of Jagolinzer’s family. “Not only did (his death) rob them of their future, but it robbed them of any stability.”

Morris said that while Jagolinzer devoted his career to helping people, he wasn’t shown the same respect when he went into cardiac arrest at the casino.

“When he needed help, no one helped him,” she said. “While he didn’t let anyone ignore things that happen to other people, they ignored what was happening to him.”

The lawsuit seeks damages of at least $15,000 as well as funeral costs and attorney’s fees, according to the lawsuit.

But Morris said that, more important than seeking damages, the lawsuit is about changing the hospitality industry in Las Vegas so that patrons are safer going into establishments.

“There’s absolutely no reason that this should have happened,” she said. “The minute he slumped down, they should’ve done something about it, and he would’ve been alive today.”

This story was originally published February 21, 2023 at 5:24 PM with the headline "Blackjack dealer continued game as man in cardiac arrest slumped over table, suit says."