Family of Fort Myers firefighter applicant who died after training brings forth wrongful death claim

The family of a man who died after training to become a firefighter with the Fort Myers Fire Department in 2024 has brought a wrongful death claim against the city, fire department and the Florida Department of Financial Services.According to a news release from Ty G. Roland of Aloia | Roland | Lubell, PLLC, representing the family of 22-year-old Nathaniel Lee Wilcox, the claim contends that his death was foreseeable and preventable.Wilcox died on July 9, 2024. The Fort Myers Fire Department Chief Tracy McMillion spoke with Gulf Coast News after his death.According to the release, during or immediately after the most demanding portion of the assessment, Wilcox showed signs of exertional heat illness, including severe leg cramping, shortness of breath, confusion, and a dangerous drop in blood pressure. According to the claim, there was no cold water immersion equipment, no on-site medical provider, and no written heat safety protocol in place at the testing site. Additionally, the release states that an independent forensic pathologist retained by the family, after the Lee County Medical Examiner declined the case, concluded that the cause of death was complications of a heat-related death in the setting of physical activity.According to reports at the time, Wilcox showed no signs of heat exhaustion during training. He was described as a muscular guy and passed the initial physical exam. Witnesses at the training session said they noticed signs of a problem after the training concluded and immediately rendered aid.Chief McMillion says Wilcox indicated he needed help after completing the test, so they started aid before rushing him to the hospital.The test was conducted indoors and outdoors, with a 10-minute cutoff time.The release states that the evaluation was a sequence of maximal-exertion firefighting tasks performed in protective gear while carrying a self-contained breathing apparatus. It was administered at 3:30 p.m. Certified National Oceanic and Atmospheric Administration data from Page Field documented a high of 94 degrees and a heat index reaching roughly 105 to 107 degrees during the afternoon that day.In addition to resolving the claim, the family has asked the city and the fire department to formally adopt a comprehensive heat safety protocol, named the Nathaniel Wilcox Foundation Heat Safety Protocol, governing pre-employment physical assessments and recruit training, the release states. The protocol would require environmental heat monitoring, medical screening for candidates, on-site medical oversight and rapid-cooling equipment, clear stop-work authority, and annual training in the recognition and treatment of heat illness. The family has also requested mandatory training for personnel and a public written acknowledgment of the department's commitment to those changes, according to the release.The city has the opportunity to review the claim consistent with state law and to work with the family toward a resolution, according to the release. The family hopes it can be resolved cooperatively and to bring about the safety changes at the heart of their request, the release stated.The city shared the following statement with Gulf Coast News:"The City of Fort Myers recently received correspondence from the family’s attorney. It’s currently under review. We can’t comment on any pending or active litigation."You can read the full release here.DOWNLOAD the free Gulf Coast News app for your latest news and alerts on breaking news, weather, sports, entertainment, and more on your phone or tablet. And check out the Very Local Gulf Coast app to stream news, entertainment and original programming on your TV.