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At Least 58 Lawsuits Filed After Deadly Astroworld Festival; White House Says Nearly 1 Million Kids Ages 5-11 Have Received COVID Vaccine; SpaceX Crew Speeds Toward Space Station Docking. Aired 1:30- 2p ET
Aired November 11, 2021 - 13:30 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
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[13:32:39]
ANA CABRERA, CNN HOST: The demand for answers and accountability growing by the day in Houston where at least 58 lawsuits have been filed over Friday's concert tragedy.
This, as Houston police and attorneys for Travis Scott deny either of them had authority to actually stop the show, even as it turned catastrophic.
CNN's Rosa Flores is in Houston with us with the latest.
Rosa, lots of finger-pointing. Help us understand what each side is claiming.
ROSA FLORES, CNN CORRESPONDENT: Well, let me paint the picture, Ana, because it's the Houston Police Department that leads the criminal investigation.
And then there's the Harris County judge who is working to get an independent investigation going. Well, the Houston Police Department is saying that is unwarranted, that they are investigating.
And they say that it's the production company, the entertainment folks that are responsible for shutting down the show.
Take a listen.
(BEGIN VIDEO CLIP)
TROY FINNER, CHIEF, HOUSTON POLICE DEPARTMENT: The ultimate authority to end the show is with production, and the entertainer, OK? And that should be through communication with public safety officials.
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FLORES: Now Travis Scott's attorney weighing in, saying that all officials are doing is finger-pointing and sending inconsistent messaging.
And then going on to say, quote, "It was reported that the operations plan designated that only the festival director and executive producers have the authority to stop the show, neither of which is part of Travis' crew."
He goes on to say that, "This also runs afoul of HPD's own previous actions when it shut down the power and sound at this very festival when the performance ran over five minutes back in 2019."
Which takes me to the question that I asked the police chief during a press conference yesterday because he said that there were more than 500 police officers at this event.
Which begs the question, Ana, if there's more than 500 peace officers inside, then why did they peace officers not escalate this beyond production outside of that event to stop the show and perhaps to bring in firefighters to help?
And, of course, we know that, at the end of the day, eight people have died. Two of them are still in critical condition -- Ana?
CABRERA: Rosa Flores, thank you.
Joining us now is Sara Azari, a criminal defense attorney.
[13:35:02]
Sara, as we just heard, there's lots of finger-pointing. Two concert- goers who are taking legal action tell CNN this.
(BEGIN VIDEO CLIP)
JOHN BERMAN, CNN ANCHOR: Did you think you were going to make it out of there alive, Bryan?
BRYAN ESPINOSA, INJURED AT TRAVIS SCOTT CONCERT TRAGEDY: I had a 50-50 chance. It was either me living or either dying. At one point, I thought I wasn't going to make it.
BERMAN: Jonathan, you know, you guys are obviously Travis Scott fans. How much do you hold him responsible?
JONATHAN ESPINOZA, INJURED AT TRAVIS SCOTT CONCERT TRAGEDY: Completely responsible, sir. He had the biggest microphone out of everybody, and -- and I just think it's crazy how poorly it was -- it was set up.
(END VIDEO CLIP)
CABRERA: Scott's attorney says Scott did not have the authority to stop the show. But Scott did have the microphone and he didn't stop the concert.
Does that expose him to liability?
SARA AZARI, CRIMINAL DEFENSE ATTORNEY: Hi, Ana.
Yes, you know, this just turns on foreseeability, right, and where there's foreseeability there's prevention and there's a duty to take all precautions to try to prevent the calamity from happening.
First of all, this was not a Bocelli concert. This was a Travis Scott concert. That inherently tells you that there's going to be chaos. That is what he's known for.
He's had a pattern and a history. In 2019, there were injuries and hospitalizations out of the same event, Astroworld. And then in 2017 and '15, he actually faced criminal charges for inciting violence at his concerts.
So it's not just that he should have known. It's that he knew and his promoters and producers also knew.
And then, second, Ana, is the idea, that, you know, the promoters and the producers failed in their duties to set up the premises in a way that was safe.
They apparently had tents with highly sought-after merchandise very close to the front of the venue as opposed to kind of spreading it out. So there was a surge moving towards the stage, which then causes this calamity.
Thirdly, the police have some liability here. They can point the finger all they want, but ultimately their duty is to step in when there's a 40-minute emergency under way and do their job. Their job is to protect and to serve.
According to some reports by TMZ, there were at least two officers having fun and taping the concert on their phone while the casualties were going on behind them.
Those officers have to secure a vantage point that allows them to do their jobs, which is to protect everybody's safety. So the police absolutely have a duty.
But maybe, as the reporter said, the original plan was for the operators and producers to stop the show. But at some point, their duty is to step in and stop the show when something like this is going on.
CABRERA: And to that point, Scott's attorney had referenced a past show in 2019 in which Houston police stepped in to end the show that went long, suggesting they could have done more in this case.
Right now, though, the Houston police chief is rejecting calls for an outside investigation into what happened.
Sara, do you think an independent investigation is important here, especially with all the finger-pointing?
AZARI: One-hundred percent. In a lawsuit of this magnitude, you'll have a bevy of defendants. You'll have the police and the promoters, Live Nation, the entertainment company, Travis Scott and potentially Drake.
All of these individuals will have some liability. Liability is not exclusive and belonging to one person or entity.
And in the process of discovery in an investigation will come into play to find out exactly who had what duty and what they failed to do.
And then there's a percentage of liability that will be attributed to each of these individuals or entities.
And at the end of the day, the question is, is there enough money or deep pockets to pay for all these lost lives and injuries.
And also the bystanders who went there to have a good time and then witnessed the most traumatic event of their lifetime?
So there's a $26 million policy. That's clearly not enough.
And that raises the question of whether these companies and Travis and all these individuals could potentially personally have liability beyond what the insurance covers.
CABRERA: And we're still waiting to learn exactly what caused the death of those eight people and the two people who are still in critical condition right now in the hospital.
Sara Azari, thank you very much for joining us.
AZARI: Thanks, Ana.
[13:39:22]
CABRERA: As more kids get vaccinated, some parents are still hesitant. Up next, we'll talk to an expert who helped invent one of the vaccines your child likely has already received. What he wants parents to know about the COVID shot.
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CABRERA: It has now been more than seven years since one of the worst public health disasters in U.S. history was exposed. And today, after years of fighting, the youngest victims of Flint's water crisis now stand to receive their share of a massive payout.
A judge has given final approval to a $626 million settlement. That money will compensate tens of thousands of people who, for months, in 2014, unknowingly drank, bathed in and cooked with dangerous lead- contaminated water.
Children at the time were exposed to the most harm, including physical and neurological risks.
[13:45:04]
And now, nearly 80 percent of this payout will go to them. The biggest proportion being set aside for those who were younger than six. The state of Michigan will foot most of the bill.
Now to kids and the COVID-19 vaccine. One week ago today, 5- to 11- year-olds began rolling up their sleeves for the Pfizer shot. And so far, the White House says nearly one million doses have been given.
With us is Dr. Paul Offit, director of the Vaccine Education Center at Children's Hospital of Philadelphia. He is also a member of the FDA Vaccine Advisery Committee.
Dr. Offit, at what point does the number of kids 5 to 11 year getting vaccinated start to make a difference in the broader battle against COVID-19?
DR. PAUL OFFIT, DIRECTOR, VACCINE EDUCATION CENTER, CHILDREN'S HOSPITAL OF PHILADELPHIA & MEMBER, FDA VACCINE ADVISERY COMMITTEE: Well, there's 28 million children between 5 and 11 years of age. That's a little less than 5 percent of the population. I think if we vaccinate all 28 million, that would have an impact on the pandemic.
But, again, the main reason for parents to vaccinate their 5- to 11- year-olds is to protect them from a disease that has already infected about two million of those children and has caused 8,300 hospitalizations, and a third of which resulted in ICU admissions and killed hundreds of children.
That's the reason to get that vaccine for 5- to- 11-year-olds.
CABRERA: And there's still portions of the younger population that can get vaccinated. When can parents expect children younger than 5 to become eligible for the vaccine?
OFFIT: Studies are currently ongoing for the 6 months- to 5-year-olds. When the studies will be completed and presented to our FDA Vaccine Advisery Committee, I don't know. Hopefully, by early next year.
CABRERA: Some parents are just taking a wait-and-see approach. You know, maybe they want to get their kids vaccinated but they have some concerns.
And I want to ask you about this since you help create the rotavirus vaccine. Your vaccine, RotaTeq, was the second vaccines approved by the CDC.
The first was taken off the market years earlier after it was linked to a rare but potentially dangerous side effect.
With that in mind, what do you say to parents who are taking the wait- and-see approach with the COVID vaccine, who may be concerned, you know, with situations like I just mentioned?
OFFIT: Right. So that vaccine, called RotaShield, was on the market for 10 months in the late 1990s when it was found to be a very, very rare cause of intestinal blockage.
The vaccine had only been given to infants by mouth at 2, 4 and 6 months of age.
This is a very different situation. Unlike virtually any other pediatric vaccines, you have hundreds of millions of adults who have already received it. You have millions and millions of children between 12 and 17 years of
age who have already received it. So you have a tremendous platform of safety and efficacy on which to stand.
I certainly understand the parent hesitancy. It's hard to watch your child get inoculated with a biological agent that you don't completely understand. I get that.
But realize that there are no risk-free choices. There's just choices to take different risks. And in this case, the more serious risk is choosing not to get a vaccine.
A choice to not get a vaccine is not doing nothing. It's doing something. That something you're doing is exposing your child potentially to the risk of this infection, which, in some cases, can be quite severe or occasionally fatal.
CABRERA: I really, really appreciate having you on the show to explain all of that to, hopefully, give some of our viewers a little more comfort in making the right decision here moving forward with getting the vaccine for their children.
Dr. Paul Offit, my two kids got theirs this morning. I got the picture from the hubby. It's done. They survived. And they are excited to now be that much closer to being protected.
I appreciate you.
OFFIT: Thank you.
[13:48:37]
CABRERA: They have been strapped into their seats, hurtling through space for close to 17 hours now. Up next, the latest on the SpaceX crew as they prepare to dock with the International Space Station.
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CABRERA: Space tourists, step aside. This SpaceX mission is for the professionals.
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NASA ANNOUNCER: Three, two, one, zero. Ignition and liftoff.
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CABRERA: Three American astronauts and one German are on their way to the International Space Station now. That will be their home for the next six months.
CNN's Kristin Fisher joining us with the latest.
Kristin, maybe the most noteworthy aspect of this launch is that it feels almost routine. Tell us about this mission.
KRISTIN FISHER, CNN SPACE & DEFENSE CORRESPONDENT: Yes. You know, Ana, Chris Kraft, NASA's first flight director, said on this network many years ago that one of NASA's biggest problems they were facing was they made space flight look too easy.
Now SpaceX is essentially doing the same thing. They've launched 18 people into orbit in the last 18 months. Just an incredibly rapid rate.
And on top of all of that, it just completed the fastest turn-around time between a splash down and a launch in human space flight history, according to NASA. Just 48 hours between when Crew-2 splashed down and when Crew-3 lifted off.
So with this launch, SpaceX clearly solidifying its stance as NASA's premier human space flight partner.
[13:54:58]
And, Ana, you saw the beautiful nighttime launch. Those astronauts on their way to the International Space Station for that six-month stay.
And you know, Ana, we were talking yesterday about Crew-2's issues with the toilets. I know you've been very worried about it.
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FISHER: Crew-3's Dragon capsule, all the toilets are working.
CABRERA: All right, all systems a go.
FISHER: Yes.
CABRERA: Kristin Fisher, thank you.
And that does it for us.
But before I go, I want to give you and all those who served our country the humblest of thank yous.
To all of our nation's veterans, it's impossible to put a price tag on your sacrifice. But I do know you are owed much more than you receive.
So thank you for all that you do, for all that you have given up, for all that you sacrifice for this country. You keep us safe. And you make us so incredibly proud.
Happy Veterans Day.
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