MEMPHIS, Tenn. -- The family of a court clerk said failed defibrillators were to blame for their mother's death, and now they've filed a lawsuit holding the County Government responsible.
The lawsuit named Marzine Pegues and her children as plaintiffs against Shelby County Government after workers tried at least two defibrillators with dead batteries to jump start her heart.
"It might have saved her life and it couldn't have, but we don't know because it wasn't working," said Robin Walton, Pegues' daughter.
The family didn't even know that the equipment failed the day their mother collapsed until WREG told them.
Since our first story, the family hired an attorney and filed the lawsuit asking for $2 million in damages.
"Somebody dropped the ball. They didn't make sure they were working at all times and its somebody's responsibility to do that," said Walton.
Building owners were not required to install defibrillators.
Not even those owned by the government.
But attorneys said if they were installed, the law stated building management must ensure they're maintained and tested.
Shelby County Administrators admitted to WREG they didn't.
Tom Needham with Shelby County government told WREG, "Shelby County is responsible for maintaining the equipment and the battery was low and should have picked that up."
The victim's family said because it didn't deliver the shock it should have, time was wasted, treatment delayed and a life lost.