JACKSONVILLE, Fla. -- Lawyers for the mother of a 5-year-old boy who died after suffering an asthma attack at Orange Park Elementary School have filed a wrongful-death lawsuit against the Clay County School Board.
Trenton Stokes died in August 2007 during his fourth day attending kindergarten.
Stokes' mother, Rita Stokes, said she met with Principal Jane Bromagen; her son's teacher, Amanda Pounds; the school nurse, other kindergarten teachers; and the physical education teacher before the school year to discuss Trenton's condition and how to recognize and assist with any type of asthma attack.
She said she also filled out forms permitting the school staff to administer medication to her son and asked everyone to keep his inhalers and medication with him or his teachers at all times.
"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," said Donald Maciejewski, Stokes' attorney. "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 Aug. 24, 2007, while on the playground and asked his teacher for his medicine. Maciejewski said the teacher did not have it with her.
School officials said at the time that the teacher notified the school nurse, who immediately called for paramedics.
"He got to the playground; this was just a few days after Mrs. Stokes met with these folks, no medicine. He asked for it. It wasn't there. He collapsed and died," Maciejewski said.
Clay County Fire-Rescue personnel got to the school just before noon and transported Trenton to Orange Park Medical Center, where he was pronounced dead.
"This is something you have to treat right away. It's not predictable. You don't have an asthma attack a 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," Maciejewski said.
The day Trenton died, a spokeswoman for Clay County schools said, "They all acted very responsibly. They did exactly what they were supposed to do. Unfortunately, the child still did not make it."
The lawsuit was filed Wednesday in the 7th Judicial Circuit.
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