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234 Columbine Street, Suite 333

Denver, CO 80206

State Office and Denver Metro Services 234 Columbine St, Ste 333 303.377.9774 888.379.9779

July 12, 2012 Mari Newman Killmer, Lane & Newman, LLP 1543 Champa St., Suite 400 Denver, CO 80202 Dear Ms. Newman:

Alamosa Office 300 Ross PO Box 1657 Alamosa, CO 81101 719.589.4977 x18

On behalf of the Epilepsy Foundation of Colorado (EFCO), we appreciate the opportunity to share important information regarding our law enforcement training program for seizure education and first aid. At this time, I have reviewed the Second Amended Complaint and Jury Demand (Doc. 20), and other documents provided to me by your office. The mission of the EFCO is to lead the fight to stop seizures, find a cure and overcome the challenges created by epilepsy. Awareness and education is a key component of overcoming these challenges. Helping individuals, organizations and our communities understand what a seizure is and how to respond if someone has a seizure is one of our largest, most meaningful services. In any given year, we train between 2,500 and 5,000 people - ranging from school nurses, teachers, EMTs, employers, child care providers, senior living facility staffs and law enforcement agencies across the state. Seizures are extremely common. In fact, one in four people in their lifetime will experience a seizure. One in 26 people will develop epilepsy in their lifetime (Institute of Medicine Report/The Spectrum of Epilepsy/March 2012). Epilepsy is commonly known as a seizure disorder. Anyone can get epilepsy from birth through senior life. It affects people of every age, race, ethnicity, nationality, background, etc. Epilepsy is not contagious. In 70 percent of cases, there is no known cause, and among the rest, there can be a number of different causes such as brain tumors, serious head injuries and brain infections. It is estimated 40,000 to 50,000 Coloradoans have epilepsy. This is more than MS, Parkinsons disease and cerebral palsy, combined. The number of people who will have one or more seizures during their lifetime (whether caused by epilepsy or otherwise) is significantly higher. A person is diagnosed with epilepsy when they have had two or more unprovoked seizures. Whether a person is diagnosed with epilepsy or has a one-time seizure, symptoms and first aid remain the same. Basically, when the brain is not functioning properly, it can cause a person to have a seizure. A seizure is a brief electrical disturbance in the brain that often causes sudden, uncontrolled changes in movement, behavior and consciousness. There are many types of seizures, but they are generally classified into two main categories in which part of the brain is involved. Generalized seizures affect the whole brain while
Phone: 303-377-9774, 888-378-9779 Fax: 303-377-0081 www.epilepsycolorado.org

Grand Junction Office 744 Horizon St, Ste 220 Grand Junction, CO 81506 970.434.5474 x3

Greeley Office PO Box 336271 Greeley, CO 80633 970.352.4646

Pueblo Office 503 N Main St, Ste 422 Pueblo, CO 81003 719.544.7833

Colorado Springs Office 719.445.1004

An independently incorporated affiliate of the Epilepsy Foundation

partial seizures affect part of the brain. Understanding how to respond to each type of seizure can save a life. Because law enforcement will likely encounter seizures in their day-to-day work, the Center for Disease Control and Prevention and the Epilepsy Foundation teamed up in 2008 to provide the appropriate intervention steps for law enforcement responding to a person during a seizure. The training is free, takes 45 minutes or less and includes a video and printed training guide. The training is well accepted and utilized by law enforcement in Colorado. The Denver Police Department values the training enough to have incorporated the training into their cadet training program. In Colorado Springs, the Police Department incorporated the training into their ongoing law enforcement training curriculum and the Colorado State Patrol provided training to equip their entire force. Smaller communities such as Englewood, Sheridan, Pueblo, Grand Junction, Montrose, Alamosa and Fredericks have sought and have also provided the training to their law enforcement officers. Epilepsy Foundation of Colorado has attempted to provide this free and necessary training to the Aurora Police Department on several occasions. The Training Department for the Aurora Police Department has been contacted by phone and by letter since 2008 with information regarding and offers for the training. In general, they have declined saying their training curriculum was filled. Our records show on January 13, 2011 there may have been some Aurora law enforcement officers or cadets in a training that took place at a police training facility located near the UCHSC campus. Other than this very small, one time training, the Aurora Police has declined our free training regarding the appropriate treatment of people having seizures. I have reviewed the training records of the Aurora Police Department, provided in this litigation. According to those records, the only other training the Aurora Police Department appears to have provided was one class in 2004 titled Recognizing Epilepsy. This was prior to my hire with EFCO, and I do not have details regarding this activity. In light of the frequency of law enforcement contacts with people having seizures, the training the Aurora Police Department has provided its officers seems inadequate. According to the documents you have provided to me for review in this case as summarized in the Second Amended Complaint, the City of Aurora has received more than 200 calls each year since 2005 from Aurora citizens requesting seizure-related assistance. We deeply understand and appreciate law enforcement must often make split second decisions to ensure safety for everyone involved. The purpose of seizure training for law enforcement is to include basic quick assessment tools to keep everyone safe, including the individual having (or recovering from) the seizure, the law enforcement officer and other people near the incident. Had the officers attending to Mr. Burrell received training, the outcome of this incident would very likely have been different. If the officers had been trained, they would have recognized the evidence that Mr. Burrell was having a seizure, including the report by his family and his urinary incontinence in addition to other factors. They also would have known that it was not necessary or reasonable to restrain him or use pain-compliance tools. Once they understood Mr. Burrell had a seizure they would have been able to make decisions based on the following seizure training information:

Stay calm. Do not hold the person down or try to stop their movements. Make sure the individuals air way is clear and loosen or remove anything that may constrict breathing. Turn the person on their side and place something soft under their head. Stay with the person until the seizure ends naturally. Speak in a calm voice and ask simple questions to determine when they are alert. If a seizure lasts more than five minutes call 911 for medical assistance. It is very common for a person who has had a seizure to soil themselves. It is common for a person having a seizure to flail out if they are approached with force or unexpectedly.

It is also important to note that a person who is having a seizure, or is in the first stages of recovering from a seizure, may not respond to law enforcement commands. They are not alert. They will likely be incoherent, groggy and disoriented. This is the result of the brain and body struggling to recover from the electrical disturbance that has occurred in the brain. Without training, it is unlikely law enforcement would be aware of what to do if someone has a seizure, as evidenced by the actions of the officers in this case. Because seizures are so prevalent in the general population, seizure training is critically important. The Epilepsy Foundation of Colorado is most willing to work with the Aurora Police Department to ensure their officers receive this free training. We would be honored to be of service. Please let me know if I can be of further assistance.

Sincerely,

Gail Pundsack Executive Director

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