April 26, 2021 — At least six wrongful death lawsuits have been filed against CPS Energy after it cut power during the winter storms in February.
One lawsuit was filed by the family of Luis F., a man from San Antonio, Texas, who died of liver failure “as a direct result of the power outage,” according to the lawsuit.
Luis was dependent on dialysis treatment, but the facility lost power on February 15 and did not re-open for 4 days. Luis made an appointment as soon as the facility re-opened, but it was too late — he collapsed and died in his driveway as he was getting into his son’s van to go to the appointment.
Another lawsuit was filed by Maria A., a woman whose mother, Florentina, tragically died on February 15 when her electric oxygen equipment failed. When the tank was empty, health care providers could not deliver a new tank due to ice and snow on the roads.
A third lawsuit was filed by the family of a 63-year-old woman who died of extreme cold in her home after losing power.
These lawsuits, and many others, accuse power companies in Texas of failing to anticipate severe winter storms and prevent cold-weather power outages before the February 2021 storm.
CPS Energy and ERCOT are both appealing to the Texas Supreme Court, claiming they are immune from liability under a Texas law known as “sovereign immunity,” which protects government agencies who are being sued for doing their job.
Furthermore, ERCOT claims that it is not responsible for any harms that “arose from an act of God.”
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