Attorney Charles Boyk Discusses Lawsuit Filed Against Toledo Public Schools by Mother of 8th Grader Who Became Ill During Class Trip

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Attorney Boyk discusses the details of a mother of an 8th grader who filed a lawsuit after teachers allegedly fail to notify her that her daughter is sick and vomiting on class trip; child ends up hospitalized for one week.

A lawsuit was filed by Charles E. Boyk Law Offices, LLC and assigned to the Honorable Judge Gary Cook in the Lucas County Court of Common Pleas on behalf of a mother alleging that Toledo Public Schools and the Beverly Elementary teachers chaperoning her daughter’s Spring 2013 school trip to Washington, DC failed to properly attend to the child’s medical needs, allegedly causing her to become dangerously dehydrated and require significant hospitalization. The lawsuit in the Lucas County Court of Common Pleas was assigned case number CI0201305005.

The complaint states that despite Sarah Kroggel giving express, written authorization to TPS and the Beverly teachers to provide medical treatment for her 14-year-old daughter on her behalf, those in charge of the then-8th-grader allegedly refused to get the girl the medical attention she needed.

The complaint alleges that the fact that the child did not receive immediate medical attention led to the girl’s hospitalization for extreme dehydration, gastritis and nausea, according to the girl's doctor.

The lawsuit claims that since she had heard nothing otherwise, for four days Ms. Kroggel thought that her daughter was safely enjoying every Midwest student’s rite of passage into high school – visiting the Nation’s capital. Instead, when she went to pick up her daughter off the bus at the end of the trip, the complaint states that Kroggel was shocked at her condition, since she looked gaunt, ashen and could hardly stand on her own two feet. Ms. Kroggel immediately took her to the emergency room where it was quickly determined that she would need to be hospitalized for a week.

The complaint also claims that the student’s pleas to lie down and rest, to not have to hurry through tours in 90 degree weather, to not join her classmates for dinner and to forgo a river cruise on the Potomac were denied by her teachers. The teachers were allegedly aware that the girl had been repeatedly vomiting in her hotel room, on the bus, during outings and even during a theater performance, but the complaints claim that instead of calling her mother or taking her to a hospital, she was given a trash bag to use and told to sit next to the bathroom while on the bus.

Also noted in the complaint is the fact that the girl’s doctors believe that had she received the proper medical attention immediately following the onset of her symptoms in Washington, she would not have become so dangerously dehydrated and therefore not have needed to be admitted for a week to the hospital when back in Toledo, according to the lawsuit.

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Charles Boyk

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