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It's been 12 years since Kim's life-altering injury and the question remains unanswered by the New Zealand court system-
Did the New Zealand-owned powerboat run over the US athlete - or did the athlete run into the powerboat?
The basic facts are listed below. Judge for yourself... Comments welcome.
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x x x Greek Police Report x The report blames the accident on the
US athlete - while omitting evidence seen on the right of this page
including: x 1.That the athlete's injuries included blunt force trauma to the back of her skull,
12 fractured teeth, and fractured jaw. x 2.That damage to the athlete's equipment is limited to the middle of
her windsurfing board. Challenges When Kim woke from coma a month after the accident in September 2002, she found herself back in the US, but was unable to speak or walk. Shortly thereafter, in spite of head-injury, she was prescribed narcotics. In 2004, while on narcotics, she was advised not to file proceedings in the US, but to instead file in New Zealand. See below as to NZ court proceedings. In January 2010, in spite of continued prescriptions from doctors, Birkenfeld took herself off all narcotic-based medication. In February 2010, following the Vancouver 2010 Olympic Games death of luge athlete Nodar Kumaritashvili - she found inspiration and strength to publish this website. Inspiration and Strength "God Bless Nodar. When the Olympic family released statement (same day) that the luge track accident was the athlete's own fault, I became angry. I found inspiration to fight back so the voiceless athlete's side of story is heard - this time. Never Give Up It is not a far step - had I not survived extended stay in Greek hospital while comatose with pneumonia, my story would have had the same ending: "athlete's own fault." The Greek police report was the only evidence report made. No accident report was made by US Sailing or US Olympic Committee. Adding to challenges, USOC Elite Athlete Health Insurance was turned on and off like a light switch until Medicare kicked in years later. A take-home from my story is that within the Olympic family - after a catastrophic accident - reasonable procedure is lacking. By getting this story out, changes may be made to protect the back of all up-and-coming athletes." X xx xxx x x x
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x x xx x x x x x x x x xx x x xx x xxx x x x x x x x x x x x x x xxxx x x x
x x x High
Court Wellington CIV 2004-485-1657 Kimberly Birkenfeld v Bruce Anthony Kendall and Yachting New Zealand and International Sailing Federation (ISAF) In
August 2004, with her thinking distorted by prescribed narcotics, Birkenfeld was advised to file proceedings in New Zealand. Her NZ attorney told her it was
an admiralty proceeding.
After 7 years of unremitting motions, pre-trial hearings, papers and 3 countersuits, New Zealand courts effectively said that neither the public, the athlete, nor her family have right to know how the accident happened that left Birkenfeld crippled for life. There has never been a determination on the merits.x The question remains without answer- Did the NZ powerboat run over the US athlete or
did the athlete run into the powerboat? x x
Kim lives in Miami. She remains homebound due to severe disabilities resulting
from the 2002 Olympic Test Event accident. She enjoys a distant view of
athletes training at the US Sailing Olympic Training Center in Coconut Grove.
* In May 2002, Kimberly2004.com was launched as a very different site. The objective was to be fundraising for Birkenfeld's Athens 2004 Olympic Campaign. x |
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x x x xEvidence omitted from the police report:
x x x x
x x |
