Lawsuit: Mohegan Sun Left Overdose Victim on Floor for 15 Minutes Before Medical Help Arrived

A casino patron tends to Ethan Bherwani, 22, at the Mohegan Sun in Connecticut shortly before he would be declared dead from a fentanyl overdose. (Image: courtesy of Kamal Bherwani)

The father of an overdose victim who died in 2021 has filed a lawsuit against Mohegan Sun, alleging that his son was lying on the floor for 15 minutes before any medical personnel arrived to help.

Kamal Bherwani, who was a New York City executive under mayors Michael Bloomberg and Rudy Giuliani, says that a lack of attention and training ultimately cost the life of his son, Ethan Bherwani, who was 22. 

Graduation Celebration Takes Tragic Turn

According to Kamal, his son was at Mohegan Sun on May 18, 2021 with friends to celebrate his recent graduation from Baruch College. Ethan Bherwani had done cocaine with his friends hours earlier, and federal court documents say he had decided to take more, buying some from New Haven resident and drug dealer Jerrard Santiago in a bathroom. 

Santiago pleaded guilty to two counts of intent to distribute and distribution of a controlled substance earlier this year in US District Court in New Haven, and is scheduled for sentencing on Sept. 24.

Video provided to CT Insider and other media outlets by Kamal Bherwani shows what happened after that transaction. At 1:51 am, Ethan Bherwani sits down at a blackjack table, with Santiago standing next to him, with Bherwani’s friends likely back in their hotel room. 

In the next few minutes, Bherwani can be seen adjusting his face mask and showing other signs of having trouble breathing, something federal prosecutors say is a symptom of a fentanyl overdose. 

After Bherwani seems to be showing more distress and appears to lose focus on the game, he drops to the floor at 2:01 am. While the dealer points out that Bherwani is lying on the floor, nothing else appears to be done.

Several patrons walk by Bherwani on the floor, with some ignoring him and others showing concern. At 2:04 am, a female staff member bends over to say something to another casino patron who is crouched near Bherwani. A man appears to check Bherwani’s pulse at 2:08 am, and at 2:11 am, the first medic appears and begins administering CPR a minute later. It wouldn’t be until 2:15 am that more medical staff arrive with a stretcher.

Lawsuit Alleges Lack of Training, ‘Carelessness’ Led to Death

The lawsuit alleges that the delay in treatment extended the length of time that Bherwani’s brain was deprived of oxygen. Bherwani was declared brain dead, and died nine days later at Hartford Hospital. Court records reveal that fentanyl, cocaine, marijuana and alcohol were all found in Bherwani’s system, with an addiction medical specialist testifying that fentanyl was the likely cause of death. It is believed that Bherwani, who was not known to take fentanyl, likely ingested it via laced cocaine he bought from Santiago.

The lawsuit, which was filed against the Mohegan Tribe of Indians and the Mohegan Tribal Gaming Authority on June 24, alleges that Bherwani’s death was due to “negligence and carelessness.” Is also alleges that Mohegan did not properly train employees to respond to such an emergency, and that there were not adequate medical personnel in the area.

“My son was going to law school. He was cooped up during the pandemic and celebrating his graduation,” Kamal Bherwani told The New York Post. “He made a mistake … but it should not have cost him his life.”

In a statement, Mohegan Sun Director of Public Relations Cody Chapman defended the casino’s actions.

“An Emergency Medical Technician was immediately dispatched and arrived four minutes later, and began CPR,” Chapman said in the statement. “The ambulance team arrived four minutes after the EMT and joined in the resuscitation effort. The Mohegan paramedic team resuscitated Mr. Bherwani and transported him to the nearest hospital.”

But Kamal Bherwani says the video shows a different story. He has called on New York Governor Kathy Hochul and New York gaming officials to reject Mohegan’s bid for one of the three downstate casino licenses. Mohegan is partnering with the Soloviev Group for a “Freedom Plaza” casino proposal that would be located near the United Nations.

“What [Mohegan] has proven is that they put money ahead of…safety,” Bherwani told the Post. “There is a culture there that permeates. You know the values of the Mohegan Sun just through what you see on the video.”

Kamal Bherwani isn’t asking for a monetary award in his lawsuit against Mohegan Sun. Instead, he wants an apology for his son’s death, a guarantee that Mohegan will have naloxone – a nasal spray that can treat opioid overdoses – available in all of his facilities, and for the tribe to make a “reasonable and sizeable” donation to the nonprofit Preclivity Foundation, a group he started to advocate for naloxone to be available in public buildings.