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Dade and Broward County Injury News

Wrongful-Death Lawsuit Filed Against Clay County School Board

Posted on Nov 03, 2008

The mother of the 5-year-old boy who died after suffering an asthma attack at Orange Park Elementary School has initiated a wrongful-death lawsuit against the Clay County School Board. The boy, Trenton Stokes, passed away in August 2007 during his fourth day of kindergarten.

Rita Stokes, the boy’s mother, said she had met with the principal, teacher, school nurse, physical education teacher and other kindergarten teachers before her son started kindergarten. The meeting was to show them how to recognize and assist her son with any type of asthma attack.

Stokes stated that she completed forms allowing the school staff to administer medication to her son and requested that the staff keep her son’s inhalers and medication with him or his teachers at all times.

According to Stokes' attorney, Donald Maciejewski, "After that meeting, the school principal, instructors and school nurse voluntarily assumed the duty to promptly provide Trenton with his medicine in the event of an asthma attack. The understanding was crystal clear. The medicine was supposed to be with the teacher with Trenton at all times -- no excuses."

Trenton suffered an asthma attack on August 24, 2007, just days after he began kindergarten. He was on the playground when he asked his teacher for his medicine. Stokes’ attorney said that his teacher did not have it with her. School officials said that the teacher then notified the school nurse who called for paramedics.

"This is something you have to treat right away. It's not predictable. You don't have an asthma attack at 1 p.m. and 3 p.m., they come and they go, so it was important to have that stuff there. It's sad, preventable and unnecessary, but we're faced with what we're faced with," said Maciejewski.

Trenton was taken to Orange Park Medical Center by Clay County Fire-Rescue personnel where he was pronounced dead. The day that Trenton passed away, a Clay County schools spokeswoman made a statement that the staff acted responsibly and did exactly what they were supposed to do.

The wrongful-death lawsuit was filed in the 7th Judicial Court.

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David M. Benenfeld, P.A.
7800 W. Oakland Park Boulevard
Building F
Suite 216
Sunrise, FL 33351
Phone: (954) 677-0155
Fax: (954) 677-0773

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