### Flying HighLLC POBox 1005 Higley, AZ 85236 Phn: (480) 252-0021 Fax: (877) 849-0021 

# RECEIVED MAR 2 7

# 2012 

# HEARING DOCKET United States ofAmerica NATIONALTRANSPORTATION SAFETYBOARD OFFICE OFADMINISTRATIVE LAW JUDGE

Inre theMatter of 

### FEDERALAVIATION ADMINISTRATION, Petitioner, and 

### Flying High LLC, Respondent, ) DocketNo. TBA ) FAAMatterNo. 2011WP070116 

### ) 

### ) RESPONDENT'SANSWERTO ORDER 

# j TO SHOWCAUSE ) ) 

### ) ) 

### ) ) 

### RESPONDENT'S ANSWER Respondent, Flying HighLLC, hereinafter "Respondent," hereby files his Answer to Administrator's Orderto Show Cause as follows: 1. Sean B. Cooke, Manager, Respondent failed to submitits answer to 

### theAdministrator's Complaint due to a family medical emergency that occurred inthe monthofJanuary. Boththe respondent's daughter's were admitted to the Cordon's Children'sHospital Intensive Care Unit on January 

### 11th, 2012. During suchtime boththe respondent and his 

### wife spent day andnight withtheir daughters until theirrelease onJanuary 24th, 2012. Please see exhibit A) It

### was during this time thatFlyingHighLLC was servedthe Procedural Order, dated January 9th, 2012. It

### was through SeanB. Cooke's oversight due tothe intensive follow up care that the answer was not filed andbyno fault ofthe Administrator or FAAcounsel. PRAYER Basedonthe foregoing, Respondentprays thatthis matterproceedbefore an Administrative Law Judge and that the complainant's request for reliefnotbe granted.

1

### CERTIFICATE OF SERVICE 

### I hereby certifY thatI have onthis date sentviafacsimile one copy andmailed, byregular U.S. Mail, anoriginal and one copy ofthe foregoing Respondent'sAnswer addressed to: FederalAviationAdministration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing DocketClerk, AGC-430 Wilbur-Wright Building, Suite 2W1000 The Honorable Richard C. Goodwin, Administrative 

### Law Judge 

### Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJerseyAvenue, S.E. Washington, DC 20590 Fax: (202) 366-7536 Andfurther, thatI have this date sentvia facsimile one copy and mailed, byregular U.S. Mail, a copy ofthe foregoing Respondent'sAnswer addressed to: AdamRunkel, Esq. Office oftheRegional Counsel FederalAviationAdministration Western-Pacific Region P.O. Box92007 Los Angeles, CA90009-2007 Fax: (310) 725-6816 Dated: March21, 2012

3PATIENT DISCHARGE INSTRUCTIONS BANNERDESERT MEDICAL CENTER 1400 South Dobson Road, Mesa, AZ 85202 (480) 412-3000

Name: COOKE, ABIGAIL MARIE MRN: 1665018 FIN: 71515647 Nursing Unit: 05 PICU These patient discharge instructions will help you care for your child at home after a hospital stay. Your nurse or doctor may give you other information to meet your special needs. You should call 911 anytime your child has the following: 1. Your child is hard to wake up or not acting right. 2. Difficulty or trouble breathing. 3. Color change or blue lips. You should call your Physician ifyour child: 1. Is unable to take their medication. 2. Is not drinking/eating/making urine. 3. Has an unexpected fever. Warning: Smoking/Second hand smoke causes lung disease, heart disease, and other health problems. If you or someone in the household smokes, we strongly advise you to quit. If you need more information about howto quit smoking, or how second hand smoke can affect your child, please contact your healthcare provider. Drowning Prevention Tips: Drowning is a leading cause of death for children. Keep your child safe by following these simple steps: 1. Never leave a child unattended in or around water. 2. Enclose pools and spas with a five foot fence and a self closing gate. 3. Make sure your child learns to swim. 4. Keep rescue equipment and a telephone close to the pool. 5. Water wings, floaties, and air filled toys will not keep a child from drowning. 6. Store empty buckets and other containers upside-down. 7. Close and lock toilet lids. 8. Learn and practice CPR. Asthma: Ifyour child has been treated for asthma, please refer to your Home Management Plan of Care. Car Seat Safety: Car seats save lives! All children/infants must be properly restrained. Please see your state regulations. Electronically Signed By:NOVALES MD, JACI ANNE

1 of8 Patient COOKE, ABIGAIL MARIE Jan/24/2012 14:34:51

### 'f Diagnosis: RSV bronchiolitis

,_ H. influenzae pneumonia k Respiratory failure DISCHARGE DIAGNOSIS

MEDICATION INFORMATION The following vaccinations have been given during your child's hospitalization:

________________ Date

_____ _ COOKE, ABIGAIL MARIE has been given the following prescriptions, follow-up instructions, and list of patient education materials:

Note: Take Next Dose Date!Time

Please take all medications listed as prescribed. Ifany ofyour previous home medications are not listed, they may have been stopped. New prescriptions may include changes to your previous home medications. Do not resume any previous home medications that do not appear in this listwithout first speaking to your physician. Any specific questions regarding your medications should be addressed with your physician(s) and pharmacist. Patient Management of Medication Information 1. Keep a list ofyour current medications, including over-the-counter medications and herbal products. 2. Update your medication list when medications (including over-the-counter medications and herbal products) are discontinued, doses changed, or new medications are added. 3. Carry your updated, current medication list with you at all times in case of an emergency. 4. Share your updated, current medication list with your primary care physician and other health care providers. Electronically Signed By:NOV ALES MD, JACI ANNE

3 of8 Patient COOKE, ABIGAIL MARIE Jan/24/2012 14:34:51


# ----

### FOLLOWUP CARE INFORMATION Please call the doctor's office to make a follow-up appointment. Verify the office address BEFORE going to the appointment.

With: Address: When:
MOLLY FINLEY 3420 S MERCY RD GILBERT, W'th' 2 _3 AZ 852970419 I In 

### (480)219-3346 Business (1) days Comments: Or Dr ljaola

Electronically Signed By:NOV ALES MD, JACI ANNE

4 of 8 Patient COOKE, ABIGAIL MARIE Jan/24/2012 14:34:51CONTINUING CARE These are your continuing care instructions after you leave the hospital. Diet 

### I Nutrition Activity Case Management/ Social Services Nursing Physical Therapy Occupational

### ~herapy Respiratory Care Central/ PICC Line Speech Language Continue feeding Plan of Care: Breast feed OR use slow flow nipple in Pathology elevated sidelying position. Provide external pacing as needed. [Wound Care Cardiac Rehabilitation Diabetic Education Other Electronically Signed By:NOVALES MD, JACI ANNE

5 of 8 Patient COOKE. ABIGAIL MARIE Jan/241201214:34:51

### EMERGENCY DEPARTMENT EXAMS/TESTS/PROCEDURES Ifyou were cared for in this hospital Emergency Department, you will see these exams, tests and procedures listed on this page.

No Available Information
No Available Information

6 of 8 Patient COOKE, ABIGAIL MARIE Jan/24/2012 14:34:51

### PATIENT EDUCATION INFORMATION 

## f:\RONCI":::ouns 

## [Infant/lnddler] The lungs have many small breathing tubes. These tubes are called bronchioles. Ifthe lining ofthese airways becomes inflamed and swollen, the conditionis called bronchiolitis. It occurs most often during the first 5 years oflife. Infants under 12 weeks or children with a chronic illness are at higherrisk for developing severe bronchiolitis. Complications include pneumonia and dehydration. Bronchiolitis often occurs inthe winter. The condition starts with a cold. The child may first have increased mucus, a nmny nose, mild cough, and fever. After a few days, the cough may get worse. The child will start to breathe faster, wheeze, and grunt. In severe cases, breathing stops for short periods. Bronchiolitis is treated by stabilizing the child's breathing. Mucus inthe nose and mouth may be suctioned. Medications may be given for a cough or fever. Children who have difficulty breathing or eating may be hospitalized. They may receive intravenous (IV) fluids, oxygen, ora breathing machine. Symptoms usually subside in2 to 5 days, but theymay continue for weeks. In some cases, antiviral medications may be given to help prevent a recurrence. Infants who have bronchiolitis are most likely to have recurrent wheezing when they get older. 

### HOME CARE: Medications: The doctor may prescribe saline nose drops to thin the nasal mucus. Medications to treat fever orwheezing maybe prescribed. Followthe doctor's instructions for givingthese medications to your child. General Care: Ensure frequent and quiet eatingtimes. Forinfants, use a medicine dropper to give small amotmts of breast milk, formula, orclear liquids, as prescribed by your doctor. Give I to 2 teaspoons every I0 to 15 minutes. For older children, give small amounts ofclear liquids often. Clear your child's nose with a suctionbulb. Squeezethebulb first, gently place the rubber tip into one nostril. Slowly release bulb. The suction will drawthe clogged mucus out ofthe nose. Washyour hands well with soap and warm waterbefore and after caring for your child. This will help prevent infection. Have yourchild sleep in a slightlyupright positionto make breathing easier. Avoid exposure to air pollution and cigarette smoke. They can make breathing more difficult. 

### FOLLOW UP as advised by the doctor or our staff. !fachestx-ray was done, it will be reviewed by a specialist. You will be notified ofany newfindings that may affect your child's care. 

### SPECIAL NOTES TO PARENTS: Ifyour childhas a chronic illness and any difficulty breathing, call the doctor. 

### GET PROMPT MEDICAL ATTENTION ifany ofthe following occur: • Fever greaterthan 100.4°F (38°C) • Continuing symptoms, more difficulty breathing, orablue tinge around lips and fingemails 7 of 8 Patient COOKE, ABIGAIL MARIE Jan/24/2012 14:34:51

### • Poor feeding • Signs ofdehydration, such as drymouth, sunken eyes, or urinating less than normal

© 2000-2011 Krames StayWell, 780 Township Line Road, Yardley. PA 19067. All rights reserved. This information is not intended as a substitute for professional medical care. Always follow your heahltcare professional's instructions. Yes- Patient/Parent/Guardian/Legally Authorized Representative verbalizes understanding ofdischarge instructions. Additional Comments forverbalizing understanding of instructions 

### Comment: Ifyou requested your medical information electronically, you will be receiving an email with further instructions. Electronically Signed By:NOVALES MD, JACI ANNE

8 of8 Patient COOKE, ABIGAIL MARIE Jan/2412012 14:34:51