In her lawsuit, Pendleton maintains that she brought an EpiPen to Hopkins Elementary prior to her daughter's death, only to be rebuffed by a clinic aide who stated that the school already had one that Johnson could use in case of an allergic reaction.

Despite Pendleton's attempt to give the school her daughter's life-saving medication, the suit claims, school officials made a series of public statements in the days following Johnson's death that focused solely on parents' role in the execution of the school system's severe allergy plan.

"I think you have to evaluate their words in the context of what was going on," Krudys said during a hearing last year. "They were unmistakably saying, 'We can't do anything unless the parent brings in an EpiPen.' They knew the significance of their statements. They were clearly saying that this woman is to blame.



I cannot get over how hateful it is for the school to have issued public statements engineered to blame the mother.  This seems unnecessary even if the school's version of the facts (that Pendleton didn't bring the epis in) is true - you don't have to get that information OUT to the public to win the inevitable law suit and you don't elevate the school in anyone's eyes by doing so.  These statements were intended to intimidate as well as re-victimize. 

Fuckers.  Nothing more.

Tweeted by @IgECPD


"Mom's lawsuit against Chesterfield Schools revived after daughter's peanut allergy death"

http://wtvr.com/2015/06/04/peanut-allergy-defamation-lawsuit/

QuoteA defamation lawsuit filed by a Chesterfield mother against Chesterfield County Schools officials will go to trial now after the Virginia Supreme Court reversed a lower court's decision to throw out the case.

Quotedeclared that Ms. Pendleton was a bad mother — the most hurtful and disparaging of labels

QuotePendleton's wrongful death lawsuit against Chesterfield School is scheduled for October in Chesterfield County Court.

Note to self, and anyone else interested:

court date, per that article, set for April 20, 2015

Don't know how to search the court docket there, but will try to figure it out, so can post changes to date if publicized.

I'd go sit in that court room and spectate if my life would allow the time .  .  .

I'll bet it settles before court date, though.

Tweeted by @NutFreeWok

"Schools to face jury in allergy death suit"
http://www.chesterfieldobserver.com/news/2014-07-30/News/Schools_to_face_jury_in_allergy_death_suit.html

QuoteLaura Pendleton's $10 million wrongful death lawsuit against a public health nurse and a school clinic assistant has been scheduled for trial in Chesterfield Circuit Court April 20.

Quotedaughter, Amarria Johnson, died Jan. 2, 2012

moving to other thread

Not sure if this was posted previously, but find it interesting

http://www.wtvr.com/news/wtvr-doctor-death-of-7yearold-serves-as-a-lesson-to-schools-20120105,0,6978677.story

This article from Psychology Today addresses the moral responsibility of school staff.  Interesting that Psych Today is publishing a viewpoint, so this is getting some needed attention.

http://www.psychologytoday.com/blog/here-there-and-everywhere/201201/allergy-death-school-when-do-morals-override-policy

Quote from: Carefulmom on January 18, 2012, 08:20:15 PM
The nurse said that if a child has a reaction she is not allowed to use another child`s epi, because then if the child whose epi it was has a reaction, then there will be no epi for that child.  I guess they all only have one epi at school?  Cannot figure that out.

My son carries one and has a spare in the office.  He rarely forgets his (abut once per year).  If his was used on someone else, that could mean he doesn't have the spare at school for a few days.  The pharmacy doesn't stock them, and I don't always have extra scripts with the pharmacy.

I'd be pretty po'd if he ever needed his and it wasn't available because the school gave it to someone else.  Either the school or that other parent didn't pay for one for that child, so am I going to be on the hook to pay for the replacement?

Call me nasty.  Call me heartless.  But, each parent should be supplying their own child's epi's and each school should be keeping extras that they (the school) provide.

And I'll include as part of the risk the fact that in dealing with a child in anaphylaxis and calling 9-1-1 and contacting the parents of that child....what are the chances the parent that purchased the epi gets overlooked in all the commotion and doesn't get a call?

Quote from: lala on January 19, 2012, 07:21:47 PM
I don't know about VA, but in Illinois the recourse would be to call DCFS and report medical neglect.  A SD cannot MAKE a parent give medication nor deny the child access to school because no meds. 

I don't see that as likely, though, given there are many students in schools without Epipens. 

I don't know about VA, but in Illinois the recourse would be to call DCFS and report medical neglect.  A SD cannot MAKE a parent give medication nor deny the child access to school because no meds.  In order to be eligible for homebound instruction, a doctor would have to write a note to the school requesting such services.  I doubt a doc would do so for a parent not sending in an Epi.

My gut tells me income was a factor. The school would have declined taking the epi if there weren't current forms from the Dr. Maybe mom didn't have insurance and couldn't afford an appt with the Dr.? Maybe her Dr. charged money to sign forms...some do. Maybe she'd gotten an epi from someone else, and it was not prescribed in the child's name. (I have a friend who gets surplus epis, unprescribed, from someone in the medical profession). What if the school called mom daily asking for medication? If she can't afford it, then what? I can't see a SD requiring a child to stay home.

It was just a perfect horrible storm.

I agree and that is why i think the school is liable here. I don't see the mom as soley at fault.  I suspect there was an income issue as well as a discussion about Benadryl always working in previous reactions.  The NURSE is  a medical professional wheras the mom is not.  The NURSE is responsible to have the medication available, and/or nag the mother daily and/or issue a letter to the family. Short of that, the school is liable.  Hope the mom has a good lawyer.  An effective lawsuit could also result in more awareness, passing of the federal Epipen law to stock in all schools, and schools actually doing it instead of making excuses about the $100-200 it costs to save a life.

Quote from: ajasfolks2 on January 13, 2012, 03:35:07 PM
Can a school refuse a child's attendance if they have known LTFA and NO unexpired epipen on the property?

I'm wondering about this today.


Would the school have to provide for homebound education (huge bucks $$!) unless/until an epipen is on property (either for the child or generally available)?

interesting and I keep wondering what the protocol is if the forms aren't with the epi pen and they are refused by the nurse.  Does nurse call parents and say, I don't have orders with the epi pen, therefore, I cannot administer it and I cannot keep it in my room.  I would think it would be in best interest of everyone if that student didn't go to school unless meds in order.