Family's lawsuit dismissed after officer wouldn't perform CPR on their child

COBBLE HILL, Brooklyn (WABC) -- A judge has dismissed a lawsuit filed by the family of a Brooklyn girl who died during an asthma attack.

The suit was filed against the city and a police officer after it was revealed the officer did not perform CPR.

Now the family is speaking out.

The mother of the girl was pulled over in Cobble Hill in 2010.

She says what happened next will never make sense to her and now she wants to see NYPD requirements change.

Briana Ojeda was 11-years-ld when she died after having an asthma attack.

Her mother was attempting to rush her from a Carroll Gardens playground to the hospital when she was stopped for driving the wrong way on a one-way street.

At that time she says NYPD officer Alfonso Mendez did not provide CPR.

"He said to me I don't do CPR, I don't know CPR and I dont do CPR so at that moment it was like what do you know," said the girl's mother Carmen Ojeda. "He told me to call 911, I was like you are 911, you're stopping me from getting to the hospital that's 2 blocks away that I can see."

Ultimately he drove behind her to the hospital. Almost six years later, a lawsuit filed by the family against both the city and the officer has been dismissed.

The family's attorney says that decision by a Brooklyn judge was based on the fact that there is not an NYPD police that requires officers to know or perform CPR.

"They will continue to pray that our city immediately institute a policy that will save lives by requiring all officers to perform CPR when necessary," said attorney Jason Leventhal.

And as a mom and dad remember their daughter, they hope their story will bring about change.

"11-year-old baby how could you not give that child life or try to," said Michael Ojeda. "Every second counts when it comes to something like this, every second counts."

The NYPD says all members are trained while in the police academy and this year to date over 5,000 members of the NYPD have been trained in basic life support and trauma treatment which includes CPR.

The family attorney says there is the possibility of an appeal.