<> Lawsuit: District failed to help injured child | The Daily Gazette

Subscriber login


Lawsuit: District failed to help injured child

Lawsuit: District failed to help injured child

Lawsuit claims child suffered through rest of the day with broken wrists

ALBANY -- When a Guilderland second-grader fell off a piece of playground equipment last fall, breaking her wrists, she spent the rest of the school day in pain, as the school's staff refused to get her medical attention, according to a lawsuit filed by the child's parents.

Stephen and Heather Leader filed the suit in federal court earlier this month seeking unspecified damages.

They allege the district failed to properly supervise their daughter, then failed to get her help, leaving her injured for the rest of the day.

"Defendants were deliberately indifferent to plaintiff's serious medical needs and denied her access to necessary medical assistance," the suit states.

The Guilderland Central School District and the girl's teacher are named as defendants.

District officials issued a statement Friday confirming they have received the suit and have turned it over to the district's insurance carrier. An attorney has been assigned to defend the district. Officials would not comment further.

The family is represented by attorney Timothy Brennan. He said Friday that the time and how the injuries happened is not in dispute. The child's left arm, near her wrist, was broken, Brennan said.

"She had to sit through the entire day," Brennan said.

According to the lawsuit, the incident happened on Oct. 26 at Pine Bush Elementary when the second grader fell from a "slider" zip line. The district's policy barred students below the fourth grade from using the equipment due to injury risks, the suit states.

The girl suffered fractures to both wrists and immediately reported her injuries to her teacher and others, the suit states. But she wasn't allowed to go to the nurse's office or seek medical care.

"She was in extreme pain and unable to use her arms or hands and could do little more than sit at her desk with her head down," the suit states.

When she finally received medical care, she required casts on both wrists and has permanent loss of range of motion, the suit states.

The family is alleging negligence and deprivation of rights, among other claims.

View Comments
Hide Comments
0 premium 1 premium 2 premium 3 premium 4 premium article articles remaining SUBSCRIBE TODAY

You have reached your monthly premium content limit.

Continue to enjoy Daily Gazette premium content by becoming a subscriber.
Already a subscriber? Log In