Our attorneys are always saddened to hear of tragic loss of young people in our community. It is all too often that young people are entrusted in the care of others, and even though these people or entities are aware they owe a legal duty to care for these young people, they breach that legal duty with negligence or disregard for the young person’s safety, resulting in wrongful death.
In 2008, according to a recent article by the Chicago Tribune, a young man member of the community and Oswego High School student, died after he suffered an asthma attack and collapsed in his English class. He was rushed to the emergency room, but unfortunately did not regain his breath and had no pulse. According to the hospital autopsy, the cause of death was bronchial asthma. Being only months from high school graduation, his mother then had to bury her son with the money she had set aside for his graduation party and college tuition.
Several months later, the victim’s mother filed a wrongful death lawsuit against Oswego-based District 308 and the teacher who was instructing the class at the time of her son’s collapse. In the lawsuit, the victim’s family argued that the district and teacher failed to get quick and appropriate medical care after he suffered an asthma attack, which resulted in his death. Both the district and the teacher denied these allegations. While the teacher was eventually dropped from the lawsuit, just this last month this case went to trial. After four days of deliberation, the jury found that the school district “acted with utter indifference or conscious disregard for the safety” of the victim.