...The mother of Taylor Walton, a 14-year-old Gaithersburg High School student, filed the lawsuit after Taylor’s death in 2015 after an asthma attack in gym class.
The complaint claims that Taylor started having trouble breathing during her gym class on Nov. 30, 2015, and asked permission to get her inhaler out of her locker. Her gym teacher wouldn’t let her leave class after two requests.
Taylor later left the class without permission and was found unconscious near the gymnasium a short time later, according to court filings.
The federal complaint claimed that two Gaithersburg High School teachers were grossly negligent in refusing Taylor’s requests to leave class to get an inhaler and violated her civil rights by denying her permission to leave, and that the Board of Education was negligent in hiring and supervising employees...
Lawsuit Over Gaithersburg Teen’s Death in Gym Class Continues in County Court: A federal judge denied claim of Fourth Amendment violation, but made no decision on negligence claims
Didn't she have a 504 plan that would allow her to go to the school's health office with a flash pass? Were her parents and physician in err for not insisting on an asthma action plan at school? Was there a plan that the school failed to follow? MCPS already has a policy on asthma inhalers. Did the parent properly fill out the relevant emergency forms, which are offered in 7 languages?
ReplyDeleteThe link to the asthma inhaler erroneously goes to the epinephrine injector page:
http://www.montgomeryschoolsmd.org/uploadedFiles/schools/tildenms/homepage/565-1%20Emergency%20Information%20(yellow%20card).pdf
When employees violate their employer's policies, there has been liability - Here's an asthma death while in flight.
https://www.peanutallergy.com/boards/us-court-rules-airline-liable-for-asthma-death
"Justice Clarence Thomas said the conduct at issue constituted an "accident" under the treaty and the airline can be held liable because of its unusual and unexpected refusal to assist a passenger.
Justices Antonin Scalia and Sandra Day O'Connor dissented."
There was also one that I recall from the 90's in which an airline refused to allow a woman with asthma to carry her nebulizer or something on board, lost it in flight as checked baggage, and she died after arriving because she did not have access to medical care in the country they went to. I refrain from traveling to places with poor medical care options, but this woman was a native and knew the risks, so had insisted on carry the medical equipment with her. She should not have boarded the plane once the airline insisted she not carry the equipment!
There is a student version : http://www.aafa.org/page/asthma-treatment-action-plan.aspx
ReplyDeletehttp://www.montgomeryschoolsmd.org/departments/forms/pdf/525-13.pdf SELF-CARRY/SELF-ADMINISTRATION OF EMERGENCY MEDICATION AUTHORIZATION/APPROVAL Self-carry/self-administration of emergency medication such as inhalers and epinephrine auto-injectors must be authorized by the authorized prescriber and be approved by the school nurse according to the Maryland State School Health Services Guidelines.
ReplyDelete