Lawsuit filed in boy's choking death at school
Nine-year-old LaPorte boy choked on corn dog.
STAN MADDUX
Tribune Correspondent
LAPORTE -- A LaPorte woman is going to court blaming school officials for her 9-year-old son's death from choking on a corn dog at lunch period.
Although having school staff trained in basic first aid is not required by state law, "common sense would require it," said Michael Phelps, an attorney from Bloomington representing the plaintiff in the case, Maria Rosales.
A lawsuit on behalf of Rosales was filed Jan. 26 in LaPorte Circuit Court seeking maximum damages in the death of Juan Loera, a student at Haillman Elementary School.
In Indiana, Phelps said, the largest amount of compensation that can be awarded in any lawsuit filed against a governmental entity is $500,000.
Among the allegations in the lawsuit is that the LaPorte Community School Corp. was negligent by failing to train staff members to adequately handle medical emergencies and administer first aid.
Procedures to handle medical emergencies were also not in place, according to the lawsuit.
On Sept. 12, Juan Loera was sitting with classmates in the cafeteria at Haillman Elementary School when he began choking on a turkey corn dog, according to school officials.
According to school officials, a custodian rushed over to assist the boy and so did nine staff members, including one certified in the Heimlich maneuver and others with various medical training.
Juan was on the floor unconscious when LaPorte police officer Mike Dove arrived and began applying the Heimlich maneuver.
A paramedic soon took over and was able to clear the boy's airway.
A pulse was restored but Juan died the next morning.
Phelps disputes claims that properly trained staff members at the school were on hand.
"I don't believe anyone was there who knew how to assist a choking victim," Phelps said.
In response to the boy's death, school officials said each building has a staff member trained in the Heimlich maneuver.
Plans were also revealed to have employees trained in the life saving procedure.
According to Phelps, the state Legislature has failed to pass measures in recent years to mandate school staff be trained in cardiopulmonary resuscitation.
Despite no laws, Phelps said there are arguments to such a case.
"We have to take a look at what's reasonable and what's not. We don't necessarily look at state law for that," Phelps said.
LaPorte School Corp. attorney William Kaminski was not available for comment.
Source: http://www.southbendtribune.com/apps/pb ... /702010335
--------
wow
