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At least 9 victims of 98 dead may have initially survived Surfside condo collapse, but were not found by rescue teams, investigation shows

SURFSIDE — As many as nine of the 98 victims who died in the worst building collapse in modern U.S. history might have survived the initial cave-in, a USA Today investigation suggests. That total, almost 10% of the fatalities, includes one victim who fire rescue logs show was still alive about 10 hours after the devastating tragedy in Surfside, Florida.

Fire rescue logs indicate that officials knew hours after the 1:25 a.m. collapse at Champlain Towers South on June 24 that survivors remained in the mountain of debris. Rescue teams were in contact with live victims, and search dogs – one of the department’s most reliable indicators of life – confirmed human life.

Some medical examiner's reports listed injuries that would not, on their own, be considered life-threatening or result in immediate death. Wounds included small cuts, “possible” fractures, and, in one case, total absence of visible physical trauma.

More: Miami-Dade Fire Rescue: We have not specifically heard any signs of life in the wreckage

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The investigation raises questions about whether any of the victims of the collapse could have been rescued, and how the building collapse has been investigated, including whether the site was a crime scene and why more autopsies were not performed.

“That’s a horrifying thought,” said Surfside Mayor Charles Burkett. “Families deserve to know what really happened to their loved ones. It’s the only way they can heal.”

Officials have at times provided contradicting information about the collapse but have largely insisted that all of the deceased victims died at or near the moment of collapse. The instability of the remaining structure posed a lethal threat to rescuers who were battling underground flooding, fires, smoke, wind, rain, lightning and extreme heat, officials said.

The initial 67 reports that have been released by the Miami-Dade County Medical Examiner’s office list the causes of death for each victim as either “blunt force injuries” or "building collapse” — a term forensic experts said would not hold up in court because it does not conclude specifically what killed someone.

Only one autopsy was performed. Otherwise, technicians conducted only external examinations and, in some cases, X-rays.

In several cases, the examiner was unable to determine a cause of death, said Darren Caprara, director of operations at the medical examiner’s office.

“Sometimes, if we’re not sure if it’s blunt force trauma, the doctor will choose to put the general overarching event,” he said of using “building collapse” as the cause of death.

That is no passing detail. Already, the families of victims have filed 33 lawsuits against the condo association, the architect and the consulting group that completed an independent structural assessment of the building prior to the collapse. Medical examiner’s reports will be a crucial part of the evidentiary documents in those proceedings, particularly as they relate to possible pain and suffering.

Experts said this could expand the scope of potential legal liabilities for the defendants of existing lawsuits.

"More pain and suffering theoretically entitles you to a larger recovery, including compensatory damages,” said Pedro Echarte III, a personal injury attorney with the Haggard Law Firm based in Miami.

A sign with pictures of Anaely Rodriguez, her husband Marcus Guara and their daughters Lucia Guara, and Emma Guarahangs hang in the memorial that has pictures of some of the missing from the partially collapsed 12-story Champlain Towers South condo building on July 07, 2021, in Surfside, Florida.
A sign with pictures of Anaely Rodriguez, her husband Marcus Guara and their daughters Lucia Guara, and Emma Guarahangs hang in the memorial that has pictures of some of the missing from the partially collapsed 12-story Champlain Towers South condo building on July 07, 2021, in Surfside, Florida.

‘Searching for a female voice’

Officials, relatives and neighbors all reported contact with possible survivors in the immediate hours after the collapse.

Fire rescue logs show that canines at 6:42 a.m. and at 7:44 a.m. on the day of the collapse signaled possible live victims.

Several search and rescue experts interviewed by USA Today said canines are very reliable in identifying live, trapped victims.

“It’s one of the best tools we have," said Rod Tyus, a captain with West Metro Fire Rescue in Denver and program manager of Colorado’s Task Force One.

At 11:05 a.m., some 10 hours after the building collapsed, the fire rescue log shows rescuers “lost voice contact” with a victim and requested canine backup for a live search of the basement of the partially collapsed building.

Rescuers needed a “new chipping hammer and power supply” at 11:17 a.m.

Twelve minutes later, two “companies” were actively “chipping,” and at 11:50 a.m. everyone was directed “out of the hole” so that canines could enter.

USA TODAY found nothing in the log to indicate the outcome of that rescue effort, but subsequent public comments made by two fire rescue officials confirmed rescuers had voice contact with a female victim they were unable to locate.

When questioned at a July 1 press conference about unconfirmed reports of a woman trapped alive, possibly with other people, Fire Chief Alan Cominsky of Miami-Dade Fire Rescue said crews “were searching for a female voice for several hours,” and “eventually, we didn’t hear a voice anymore.”

USA TODAY made several requests for further information about the woman’s identity and any details pertaining to the rescue effort. The Miami-Dade County Attorney’s Office told USA TODAY in an email Friday it would produce any records “over the next week or so,” however, the Miami-Dade Police Department subsequently closed the request, saying no such records exist.

Miami-Dade officials said that despite focusing rescue efforts, which included sonar, cameras and manpower on places where dogs signaled live victims, none was located.

Miami-Dade Fire Rescue officials declined to comment for this story. USA TODAY also contacted or attempted to contact family members or representatives for each victim named in this article. Those who were reached declined to comment.

The condo association and the consulting group have declined to comment publicly on the lawsuits. USA Today reached out to Levick Strategic Communications, the public relations firm representing the Champlain Towers South Condominium Association, but they were not immediately available for comment.

At the time of the collapse, Morabito Consultants, an engineering firm that performed a 2018 structural analysis of the building and has been named in legal proceedings, issued a statement saying, "We are deeply troubled by this building collapse and are working closely with the investigating authorities to understand why the structure failed.”

Surfside Strong stickers and candles are among the items left at a memorial wall as recovery efforts continue at the Champlain Towers South condominium in Florida.
Surfside Strong stickers and candles are among the items left at a memorial wall as recovery efforts continue at the Champlain Towers South condominium in Florida.

Injuries that ‘usually wouldn’t cause death’

Medical examiner’s reports reviewed by USA Today reflect injuries such as broken legs or small cuts that do not indicate immediate or nearly immediate death.

Two of those reports were for Deborah Berezdivin and Ilan Naibryf. The couple, both 21, were dating and lived together in Unit 811.

According to the medical examiner’s report, Berezdivin had no visible injuries. An X-ray showed only that her right ribs “appear to have fractures.”

Naibryf suffered a 15 centimeter-by-5 centimeter cut on his thigh and “possible fractures,” the report showed.

At the request of USA Today, the medical examiner’s reports in question were reviewed by independent forensic autopsy pathologist Dr. Michael Baden, a former chief medical examiner of New York City.

Baden, a former chairman of the forensic pathology panel of the U.S. Congress Select Committee on Assassinations, reinvestigated the deaths of President John F. Kennedy and Dr. Martin Luther King Jr. He has also served as an expert in high-profile investigations, including in the deaths of John Belushi, Jeffrey Epstein, Kobe Bryant and George Floyd.

Upon studying the reports, Baden said it was “inaccurate” for officials to say that none of the victims survived the initial collapse.

“That usually wouldn’t cause death,” Baden said of Berezdivin’s broken ribs.

Graciela Cattarossi, 48, also did not appear to suffer life-threatening injuries. Her report shows a 5 centimeter-by-3 centimeter cut on the back of her head and a nine centimeter by five centimeter cut on her left knee.

“None of Cattarossi’s injuries are life-threatening,” Baden said. “It’s not the kind of injuries that would have caused death immediately.”

Cattarossi died along with four others who lived in Unit 501. The dead included both of Cattarossi's parents, an aunt and Cattarossi’s 7-year-old daughter Stella — whose father is a Miami-Dade firefighter.

Four-year-old Emma Guara also lacked the certainty of life-threatening injuries. Her report showed two broken legs and a “suggestion of left upper rib fractures.”

Guara, who lived in Unit 802, died along with both of her parents and her 10-year-old sister.

One of the medical examiner’s reports that most troubled Baden was that of Harold Rosenberg, 52, who lived in Unit 212, and whose daughter and son-in-law also died as a result of the collapse.

Rosenberg’s report reflected no evidence of injury whatsoever, and simply listed the cause of death as “building collapse.” But that is an event, not an injury.

“An autopsy should have been performed on Harold Rosenberg,” Baden said. “Nobody will accept ‘building collapse’ as a cause of death.”

Another person who did not appear to have immediate life-threatening injuries was Gloria Machado, 71, who lived in Unit 1111.

Records show Machado suffered “fractures of the skull and facial bones, ribs, spinal column, legs, and feet,” as well as “global laceration of the scalp with multiple skull fractures and multiple facial fractures.”

Six minutes after the collapse, however, 911 operators received a call from a man claiming to be Machado’s son, fire rescue logs show.

The caller said he “received a call from his mother” and she was “trapped inside her apartment 1111 and unable to get out,” logs show.

The caller’s identification is redacted from the report, and the fire department declined to provide USA Today with any details about the caller or the outcome of any investigation into the incident.

Baden said he could not rule out the possibility that Machado made that call. He said her injuries appeared survivable, or she might have sustained them later, or even after death, from crushing shifts in the debris.

Another report Baden questioned was that of Sophia Lopez Moreira, 36, of Unit 1010. Moreira, her husband, three children and nanny were all killed as a result of the collapse. Lopez Moreira is the sister of Paraguay's first lady.

The medical examiner’s report showed Moreira suffered rib and pelvic fractures, a cut on her left thigh and another in the groin area, none of which would necessarily lead to death, Baden said.

“That’s why looking inside the body can be helpful,” he said.

But that was not always possible, said Caprara, from the medical examiner’s office. In some cases, deterioration of the bodies made performing autopsies impossible, he said.

Additionally, he said, “most” of the families were of the Jewish faith, and some of them specifically requested autopsies not be performed. In Judaism, keeping a body intact so that it may be buried in its entirety is something that is highly valued.

“If a family specifically requested an autopsy, we did one,” Caprara said.

Without autopsies, Caprara said, there is simply no way to determine a cause of death for every victim. Even victims who suffered severe physical trauma might not have died of those injuries, he pointed out, because it is unknown if those injuries were inflicted before or after death.

“Just because the body gets mangled, doesn’t mean that’s what killed you,” he said. “If the cause of death could have been multiple things, and we don't have enough evidence to say definitely what it was, we don’t list possible causes.”

Ricardo J. Bascuas, a law professor specializing in criminal procedure at the University of Miami, said medical examiners or state attorneys have discretion to dictate autopsies be performed, including in cases where family members are opposed.

And while Miami-Dade police announced at several press conferences that they had immediately designated the collapse site a crime scene, autopsies were never mandated. USA Today contacted the department last week to find out why.

“It’s not a criminal investigation, it’s a death investigation,” said Alvaro Zabaleta, public information officer for the Miami-Dade Police Department.

But a criminal investigation was precisely the reason cited by the court-appointed receiver for the Champlain Towers South Condominium Association for not allowing an independent structural engineer hired by the town of Surfside to access either the collapse site or the debris being stored in two off-site locations. The engineer said he needed access to those materials to complete his ongoing investigation into why the building collapsed.

“It is my understanding that the Real Property is currently designated a crime scene and under the control of Miami-Dade County,” attorney Michael Goldberg wrote in a July 29 letter to the Miami-Dade Police Department.

It is also what led Surfside commissioners on Aug. 10 to pass a resolution to pursue legal action against the county to gain access to the both collapse site and stored debris.

When advised of the police department’s statement to USA Today, Surfside Mayor Burkett said: “That’s news to me as far as the assertion that it’s not a crime scene."

After the publication of this story, Rachel Johnson, communications director for Miami-Dade Mayor Daniella Levine Cava, said that from the "outset of the investigation" law enforcement did not consider the collapse a criminal investigation.

"After all the evidence is collected and presented by the homicide team, the state attorney’s office will make a further determination about whether or not criminal charges will be brought in this case," Johnson wrote in an email.

‘Help me, help me, get me out’

USA Today identified another victim who survived the initial collapse. A fire rescue log entry at 2:59 a.m. showed a person had crush syndrome, which occurs in a live victim when extremities or other parts of the body are compressed for an extended period of time.

Death is not immediate, but comes later, typically as a result of renal failure due to the “release of potentially toxic muscle cell components and electrolytes into the circulatory system” when the compressing object is removed, according to the American College of Emergency Physicians.

That victim might have been Stacy Fang, 54, who lived in Unit 1002. Rescuers extracted Fang from the rubble after saving her son, 15-year-old Jonah Handler. Handler lived, officials publicly reported, but Fang died en route to the hospital, they said.

The medical examiner did not conduct an autopsy on Fang, and its report did not mention crush syndrome. The only autopsy that was conducted, which was on a different victim, did not indicate crush syndrome. Fire rescue officials, citing HIPAA, declined to confirm if the victim of crush syndrome was Fang.

Witness reports also show there might have been other survivors.

Steve Rosenthal, who safely escaped from Unit 705, said he heard his neighbors of more than 15 years from Unit 704, Christina Beatriz Elvira, 74, and Leon Oliwkowicz, 80, screaming for help after the collapse.

“I run to the front door, open it up and a plume of smoke just knocks me back like a sonic boom,” Rosenthal said. “And my neighbors in 704, I’m pretty sure it was them, are yelling ‘Help me, help me, get me out.’”

He was unable to help them. Rosenthal made it to his balcony, where firefighters rescued him.

While there is no way to know for certain whether those cries were from Elvira and Oliwkowicz, police records show the couple were two of the first victims retrieved.

Medical examiner reports on both victims show potentially lethal injuries, but without autopsies, Baden said, the severity of their injuries, or when they occurred, remain unknown.

“There is evidence of death, not cause of death,” he said.

‘We need to get to the truth’

One problem with rescue efforts in the early hours and days of the collapse was that, while well-intentioned, first responders and officials simply lacked the resources and knowledge to deal with such a massive building collapse, some elected leaders told USA Today.

"The truth is, everyone was in over their head with this," said Surfside Commissioner Eliana Salzhauer. “This is not in their wheelhouse."

About 80% of the 136-unit, 13-story oceanfront condominium complex had been destroyed, officials said, leaving only a 21-foot high, compacted pile of debris. In one place, four floors, which had each stood about 10 feet high, were reduced to a collective three feet.

The coffin with Lucia and Emma Guara, killed when the 12-story Champlain Towers South crumbled, is carried into the St. Joseph Catholic Church in Surfside, Florida on July 6, 2021.
The coffin with Lucia and Emma Guara, killed when the 12-story Champlain Towers South crumbled, is carried into the St. Joseph Catholic Church in Surfside, Florida on July 6, 2021.

The sounds rescuers reported hearing in the hours following the extractions of Handler and Fang — the sounds that led so many to hold out hope for survivors — did not lead to any live rescues.

Miami-Dade Fire Rescue Assistant Chief Ray Jadallah explained at a press conference the day after the collapse that the noises were not necessarily indicative of human life.

“It could be tapping, it could be steel twisting, it could be some of the debris raining down,” he said.

On July 4, 10 days after the partial collapse, officials intentionally imploded the remainder of the structure under threat from Tropical Storm Elsa.

Afterward, they said about one-third of the debris field, including a master bedroom line where many victims were later located, had not been searched.

Rescuers ‘obviously’ lacked adequate resources

Part of securing the resources needed to respond to such a catastrophic event depended upon getting the federal government to declare a state of emergency, Levine Cava told USA Today. But when Levine Cava asked the federal government to do so, she said, she was advised the state must declare one first.

Levine Cava said she asked Gov. Ron DeSantis to declare a state of emergency on the morning of the collapse. She said he did not respond until later that afternoon, when he told her the county must declare one first.

DeSantis' press secretary Christina Pushaw said there was “no delay” on his part because the governor was on-site in Surfside from 11:00 a.m. until 3:00 p.m. on the day of the collapse and "the idea of a state emergency declaration" was not mentioned by anyone.

Florida statute does not require a county to declare a state of emergency prior to the governor declaring one.

Levine Cava said she declared a state of emergency around 4:30 p.m. at DeSantis' request, and the state and president followed suit, enabling resources to begin pouring in the next day.

"In short, there was no 'delay' on Governor DeSantis’ part. Nor, for that matter, on Mayor Cava’s part or the Biden Administration’s part," Pushaw said in a statement to USA Today. "This was a professionally executed emergency response effort at the local, state, and federal level, and all leaders involved put politics aside to focus on helping the Surfside community in any way possible."

Levine Cava said she knew every hour counted.

“I was thinking, much like an earthquake, we’ll just dig and get people out,” said Levine Cava. "Until I saw it, and I knew that was a very difficult situation and very unlikely that many would have survived this collapse.”

More: 'Treat her gently': How an Israeli military search team helped recover Surfside victims

More: A tragedy that 'will live with us forever.' But Surfside will find a way to get there from here

Some officials said early rescue efforts could have benefitted from having the National Rescue Unit of the Israeli Defense Forces a highly skilled team of building collapse experts on site sooner.

The team offered their services within hours of the collapse. However, U.S. officials did not approve them to participate until the third day of rescue efforts. The IDF team arrived in Florida on the morning of the fourth day.

The team’s search methods did not rely on dogs, as it did with the American rescue teams, but on “field rescue intelligence,” which included collaborating with victim’s families and other first responders, and developing computer models of the building to help determine precisely where victims would be located.

In the end, the IDF’s small team of 15 helped recover the bodies of 81 victims in the two weeks it was there.

“In the first 48 hours, we obviously did not have all the resources,” Burkett said. “I think that it was a progressive evolution and every hour that went by we continued to add resources.”

Today, two months after the collapse of Champlain Towers South, residents who escaped alive, victims’ families, officials, community members and people from around the world continue to search for answers as to why the building fell and what can be done to prevent a similar tragedy from happening again.

And while the idea that some victims might have suffered is heart-wrenching, it is important to understand what occurred to help bring closure to grieving families and craft improved legislation and rescue procedures, said Surfside Commissioner Eliana Salzhauer.

"I think what is not fair here is that it is left to the media to investigate when it should be professionals,” she said. “It should be the city, the county — it should be the government doing their job of getting answers for the families.”

Follow USA TODAY national correspondents @WendyRhodes and @RominaAdi on Twitter

This article originally appeared on USA TODAY: Surfside condo collapse: There may have been more survivors in Florida