Slater and Gordon dumps class action into Victoria’s triple-0 crisis

Families of victims who watched their loved ones die waiting for an ambulance say they are “devastated” a law firm has dumped its class action against Victoria’s triple-0 authority.

Families of victims who watched their loved ones die waiting for an ambulance say they are angered that Slater and Gordon has dumped its class action against ESTA – just weeks after announcing the plan.

It comes after the Herald Sun revealed last month the law firm would investigate whether family members of those who lost loved ones had died due to ESTA call-taking and dispatch delays were entitled to damages for nervous shock and economic loss.

Slater and Gordon last week cited “actual and perceived” conflicts of interest as the reason for the class action not going ahead.

Families who had registered their interest in the class action received a letter saying: “The decision not to proceed with the investigation should not be seen as an indication of the strength or merits of any claim against ESTA, including as a potential class action.”

Bernard and Corine Anseline’s 14 year old daughter Lydia died from an asthma attack after waiting 34 minutes for an ambulance. Picture: Jake Nowakowski

“If you or your loved one have suffered harm or an injury connected with ESTA delays or call failings, we strongly encourage you to speak with a lawyer to discuss your legal options,” the letter said.

As part of a series of exclusive reports into ESTA’s failures, the Herald Sun last month revealed the tragic death of 14-year-old Lydia Anseline.

Her grieving father, Bernard, watched his daughter die after she waited more than 30 minutes for an ambulance to arrive on April 13.

Mr Anseline told the Herald Sun his family were “angered” and “devastated” the class action wasn’t going ahead.

Bernard and Corine Anseline 14 year old daughter Lydia died from an asthma attack after waiting 34 minutes for an ambulance. Picture: Jake Nowakowski

“This is just another blow for families, what hope do people have to seek help only to then be told the class action isn’t going ahead, it’s disappointing,” he said.

“I am still waiting for answers from Ambulance Victoria and ESTA about what caused the delays the night Lydia died.”

The class action claimed its investigations dating back to 2014 suggest thousands of emergency callers have experienced avoidable and unacceptable delays.

Those cases come on top of reports that at least 15 people, ­including children, have died since October 2021 as calls to triple-0 went unanswered.

The tragedies led to an ­investigation by former top cop Graham Ashton, released last month. The state government says it will accept his 20 recommendations to overhaul the ESTA and will rebrand it as “Triple-0 Victoria”.

A Slater and Gordon spokeswoman said: “As we continued to investigate the potential class action, a number of factors became clearer including actual and perceived conflicts of interest.”

“In these circumstances we determined it was not in the best interest of the people who had contacted us for us to continue to investigate a potential class action,” she said.

“Our obligation to potential clients has been our highest priority in this decision. We have communicated that decision and provided advice to everyone who has contacted us. That advice included information about how people could continue to pursue their legal rights.
“We have apologised for the inconvenience we have caused to those people who have contacted us.”

“It is not unusual for class actions we announce to not proceed after further investigation.”