On May 15, 2005, Timothy Hogan was diving 80 miles off Tampa in the Gulf of Mexico. Having just speared a mangrove snapper in 122 feet of water, he claims he felt "fuzzy." When he glanced at his dive computer, he saw he had only 7 minutes to surface safely. When he arrived on the boat, the tingling in his toes began creeping up his legs. Long story short: he had suffered an arterial gas embolism, which ultimately paralyzed him from the waist down. Hogan hasn't walked since that day.

In March, Hogan filed a civil lawsuit against the Coast Guard, alleging that they bungled his rescue, leaving him waiting for hours rather than providing him care.

Although divers have tried to sue the Coast Guard in the past, Federal law does not require the agency to rescue them, because they have accepted the risks of the sport. In fact, in 2004, the Supreme Court refused to consider whether the Coast Guard could be sued for providing questionable emergency care. Hogan counters, though, that the Coast Guard can be held responsible for negligence, because it's in the business of performing rescues. When it DOES perform rescues, Hogan believes that "it assumes the duty to perform such rescues with reasonable skill." Hogan is also suing DAN since it arranged for the rescue.

I doubt that this will pan out for Hogan, despite his claims that the Coast Guard chopper got lost en route to the scene. They DID arrive; they DID take him to the hospital; and they DID save his life. I do feel sorry for Hogan, though. It's terrible when a fun hobby dramatically alters the rest of your life.