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Robbinsville – A Graham County woman and her husband are suing the helicopter ambulance company and pilot involved in a 2023 crash in which the woman was being transported between hospitals.
Robbinsville residents Ila Rae Waldroup, who was a patient on the helicopter, and her husband, Varnell Rufus Waldroup, are suing Med-Trans Corp. and pilot Alex K. Fulford over injuries she allegedly suffered in a helicopter crash while being transported between Erlanger Western Carolina Hospital in Peachtree to Mission Hospital in Asheville on March 9, 2023.
About 15 minutes after departing Murphy, just before 7 p.m., the helicopter clipped a tree and landed hard on a paved road near Franklin in Macon County. Official releases at the time indicated that there were minor injuries.
Ila Waldroup said she suffered a lumbar spinal fracture and an ankle fracture in the crash. Varnell Waldroup, meanwhile, is suing for loss of consortium due to his wife’s injuries. They are seeking punitive damages as well as a jury trial.
The pilot, Alex Fulford, 53, is a retired U.S. Marine Corps attack helicopter pilot who now works for the Charleston County, S.C., Sheriff’s Office as a pilot. In March 2023, he was a pilot for Med-Trans Corp. piloting a LifeFlight helicopter based in Andrews.
The pilot’s narrative
In his narrative released to the National Transportation Safety Board during its investigation into the crash, Fulford left little doubt about what caused the crash. His statement goes into detail, but boiled down, he was checking the maintenance status of an engine and, while distracted, failed to notice approaching mountain terrain.
Unable to avoid a collision, the helicopter scraped against treetops and spiraled to the ground, landing hard on a two-lane mountain road. All aboard – Fulford, two medics and the patient – survived.
“Though I am extremely grateful for the outcome, I am also aware that we never should have had to land the aircraft in such conditions and that it was my actions and my inactions, that caused this incident,” Fulford said in his statement. “As a former USMC squadron commanding officer, executive officer, Director of Safety and Standardization, Aviation Safety Officer and mishap investigator, I am very familiar with and aware of causal factors, correlating factors, and culpability.
“I have been the member of multiple mishap investigation teams and experienced the aftermath. I respect the investigative process and know each member will be thorough and present their findings as dispassionately as possible.”
Fulford “cut to the chase” and stated unequivocally that he miscalculated the altitude, spent too much time going through maintenance records at the expense of watching where he was going, and “did not maintain an adequate scan pattern to keep us clear of all terrain and obstructions.”
“I am aware that all data contained within this narrative may result in the loss of my pilot’s license, though I prayerfully hope that is not the case,” he said. “I do not envy the tasks I have precipitated nor am I at all proud of my actions. It grieves me to know the pain, anxiety and angst I’ve caused families and coworkers. I am embarrassed by any perceived sullying of reputations across the board – individuals, my base, the Life Force Program, Med-Trans, GMR and the FAA. The system did not fail me, I failed the system.”
Couple’s lawsuit
In their federal civil lawsuit, Waldroup et al. vs. Med-Trans Corporation et al., filed in U.S. District Court in Asheville, the Waldroups say Med-Trans allowed Fulford to make “dangerous, careless and reckless” flight decisions that resulted in the 2023 crash.
The Waldroups blame Fulford, saying he committed a series of missteps that included flying too low in mountainous terrain at night without using night vision goggles and without a required safety device, a Helicopter Terrain Awareness and Warning System, or HTAWS, operating at the time. A working HTAWS is required for medical flights and is designed to warn pilots of impending changes in terrain, the Waldroups say.
They added that Med-Trans knew about Fulford’s alleged penchant for taking risky flights and flying below the minimum safe altitude but failed to intercede “to maximize profit without regard for the safety of the passengers in the helicopter,” the suit says.
The Waldroups allege Fulford was flying the helicopter too low on autopilot to look at a log book before the crash instead of paying attention to his surroundings. He also had night vision goggles “within easy reach,” but did not put them on.
The Waldroups claim there was a near certainty of harm given that flying in those conditions is “dangerous under the best of circumstances” demanding “a high level of piloting skill.” Med-Trans and Fulford have not yet responded to the lawsuit, which was filed on Oct. 3.
The Waldroups are represented by George B. Hyler Jr. and Stephen P. Agan of Hyler Agan PLLC. Med-Trans is represented by Alexander M. Gormley of Williams Mullen, and M. Ross Cunningham and Kristina M. Kennedy of Cunningham Swaim LLP. Counsel for Fulford was not available.