'This will save lives:' New Austin law will make hospitals safer, KXAN credited

AUSTIN (KXAN) — The Austin City Council gave final approval Thursday to a new ordinance -- already being praised for its potential to save lives -- requiring security barriers at all new hospital entrances in direct response to a series of KXAN investigations and nearly 10 months to the day after a deadly crash at St. David's North Austin Medical Center.

'This will save lives'

"Absolutely this will save lives," Council Member Mackenzie Kelly, who introduced the resolution in July, said.

That resolution was sparked by "KXAN's ... diligent investigative coverage," Kelly said publicly at the time after watching the Bernard family's story. In an exclusive interview, Nadia and Levi described how they, and their two toddlers, were run over inside the ER lobby. The driver had a blood-alcohol level between three and four times the legal limit to drive, an autopsy showed.

Nadia wanted to share their story with KXAN so "no one else will have to go through what we're going through." On Thursday, Kelly again praised the family for speaking out.

"I want to thank the Bernard family for their courage to speak up and to talk about their experience," she said. "Which is why, in part, I brought this forward to prevent future tragedy."

After months of policymaking, there was a tense moment when Council Member Zo Qadri introduced a motion "to postpone" discussion until the end of January. Qadri cited the Planning Commission's concerns that requiring crash-rated barriers, called bollards, at new hospitals, urgent care clinics and standalone emergency rooms doesn't go far enough. The motion to delay a vote was also supported by Vanessa Fuentes, who sponsored Kelly's resolution.

"I think it would be an absolute travesty for us not to vote today in favor of this item," Kelly said. "And to postpone and kick it down the road further."

At the last council meeting before her term ends, Kelly urged the council to pass the measure and expand it later.

"I would encourage that while I'm watching from home on my couch eating popcorn," she said. "But, right now, we have the ability to affect a very serious change."

That final plea helped pass the measure unanimously.

"I'm going to say it without objection: Item number 74 is adopted," Mayor Kirk Watson said.

New data shows 400+ crashes

The change in city law comes in response to 10 months of KXAN investigations. Our team collected and analyzed data from the Storefront Safety Council -- a nonprofit that tracks vehicle crashes -- along with TxDOT crash data, police and media reports and built our own database.

Since our initial investigation, we have now found more than 400 crashes at, or into, medical centers nationwide in the last decade. When we combined data from the SSC with crash data from TxDOT, we found more than 100 crashes in Texas since 2014.

Map of crashes that have occurred in Texas involving medical facilities or hospitals in the last 10 years. Source: Texas Department of Transportation (KXAN Interactive/Dalton Huey)

Map of crashes involving medical facilities and hospitals nationwide in the last 10 years. Source: Storefront Safety Council, police, media reports (KXAN Interactive/Dalton Huey)

"That number, 400, does not surprise me," attorney Sean Breen said.

Breen represents the Bernard family in their $1 million lawsuit against St. David's NAMC accusing the hospital of "gross negligence" for not having bollards. After the crash, and following our questions, it installed a dozen.

Now, new facilities -- and existing ones wishing to expand -- are required to take those safety steps.

St. David's did not respond to KXAN's request for comment following Thursday's vote. The hospital group previously told us it does not comment on pending or active litigation.

“St. David’s HealthCare will work with policymakers to ensure compliance with any new legal or regulatory requirement, if they are passed,” the hospital group said in a statement after Kelly's resolution to initiate a bollard ordinance passed unanimously in July.

'Very grateful'

Breen spoke with the Bernard family after the vote and said they are "absolutely enthused."

"And very grateful that the city council acted appropriately and quickly here," Breen said. "This is a great day for Austin. It doesn't help the Bernard's but it will help other families not have to go through what they've gone through."

Reflecting on her time on the council, Kelly said she felt "an incredible sense of honor and gratitude."

Austin is now one of at least six cities or counties that passed bollard rules, most sparked by deadly incidents. (KXAN Interactive/Dalton Huey)

"This is something really special that I can hang my hat on," she said. "It is now an ordinance, which is city law. And that is my legacy. It is a wonderful legacy to have."

This comes following yet even more crashes involving medical centers in recent days and weeks in Fort Worth, Maryland, Ohio, Rhode Island and South Carolina.

Austin became at least the sixth city or county nationwide to require security barriers.

"The investigation by KXAN and the team there really ensured that this was brought to resolution in an expedient manner," she said. "The research was impeccable and data-driven."

"My hope," she added, "is that other communities can use this as a framework to get it passed in their jurisdictions."