The mother of a young high school student that died after struggling during a swimming class will be able to proceed with her wrongful death lawsuit, according to a federal judge, against the Bethlehem Area School District, as reported by The Express-Times from Bethlehem, PA.
M.S. claims that her son, J.S., 16, would not have died if the school district officials had moved quicker instead of waiting about 20 minutes to summon an ambulance.
J.S. collapsed in a classroom at Liberty High School and died later at the hospital.
At the time of his death the Lehigh County Coroner's Office ruled that he died of a seizure disorder – from natural causes.
In the lawsuit M.S.'s lawyer claims that the coroner's findings were incorrect.
The school district had filed a motion in federal court in Philadelphia to dismiss the lawsuit, however, Judge Joel H. Slomsky said it was too early to dismiss the claim for damages as he only knew of the plaintiff's complaint and wasn't aware of any the facts yet.
The suit seeks a minimum $150,000 in damages due to the loss of M.S.'s son and for the mental anguish she has suffered. M.S. is also seeking a trial by jury, and a court order preventing unlawful district practices that had resulted in the violations of J.S.'s civil rights.
Attorney Paul G. Lees, in representing the school district, declined to comment as the litigation is still pending.
In regards to the judge's decision, Joe Welsh, M.S.'s attorney, told reporters, "Hopefully, it brings Ms. (M.S.) one step closer to closure."
Welsh said that at this point all well-pleaded facts are accepted as true in the complaint. He added that while the case proceeds he will prove the facts laid out in the complaint and expects new facts to develop.
According to the suit J.S. was not feeling up to swim class exercises the day of his death in 2010 but acquiesced to his teacher's instructions to participate. Once in the pool J.S. had difficulty remaining afloat and thrashed around. During this time J.S. allegedly ingested so much pool water – and the various chemicals in the pool – his classmates had to assist him to get out.
During his very next class J.S. collapsed, his breathing had become labored and a pink foamy fluid slid from his mouth.
The suit attests that district staff, confused about what to do and where their life-saving equipment was kept, allowed 20 minutes to pass before summoning an ambulance. This window of time, according to the suit, could have been used to save J.S.'s life had he been taken to the hospital earlier.
The district argued that J.S.'s gym teacher, C.R., was unaware of any issues as to why J.S. could not participate in class. Furthermore, C.R. claims that if there had been a risk brought to his attention he would not have ignored it.
Contact a personal injury lawyer for claims of wrongful death. You may be awarded a settlement for your loss, pain and suffering.