$1 Million Awarded in
Student's Death
A New Orleans high school senior with a
history of asthma problems died in 1991 because two school
employees spent more than half an hour trying to reach the
girl's mother before calling an ambulance, a judge said Tuesday
in awarding more than $1 million in damages to the girl's
family.
Civil Court Judge Robin Giarrusso said
Catrina Lewis, 19, would be alive today but for the negligence
of Oliver Vital, then Lawless High School's acting principal,
and school counselor David Freeman.
The family's attorney, Michele Gaudin,
said the school system's policy says teachers should call 911
when a student requests emergency help and also should contact
the student's parents. But Gaudin said some teachers have
erroneously interpreted that to mean parents must be called
first.
The portions of the judgments against the
school employees are to be paid by their insurance policies,
Giarrusso ruled; the judgment against the school system, about
$205,000, is to be paid by its self-insurance policy.
Vital and Freeman could not be reached for
comment Tuesday. Claire Jupiter, who represented the
school system, said it hasn't decided whether to appeal.
In her ruling, Giarrusso said that when Lewis walked out of a
school assembly March 21, 1991, shortly after 2 p.m., she told a
security guard she was having trouble breathing and asked him
to call 911. Lewis had been hospitalized previously
for asthma, saw a doctor every Tuesday for the condition and
regularly used an inhaler device at school.
Using a walkie-talkie, the guard asked Vital
to make the emergency call, and Vital, who wasn't in the school
office, radioed back for the guard to tell the school secretary
to call 911 and also to contact the girl's parents, Giarrusso
said. At the trial, Vital said he didn't intend for the
parents to be called first, only that they should be notified.
It was the first in a series of delays that
would cost Lewis her life, according to testimony Giarrusso
cited from the trial of a lawsuit filed by the student's mother,
Brenda Declouet. The trial was earlier this year.
According to the chronology sketched by
Giarrusso in her ruling, here is what happened after Vital was
alerted the girl was having breathing problems:
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On Vital's instructions, Catrina and her
sister, Lashaster Lewis, also a Lawless High student, walked to
the school office, where Lashaster was told she could not call
911 but was to call her mother instead.
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Lashaster, failing to reach her mother, told
Freeman she was probably at Lawless Elementary School picked up
her younger sister. Once again Lashaster Lewis asked to
call 911. Freeman told her to call the elementary school
and have someone try to find her mother, and he sent the
security guard there to search for Declouet.
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| - The counselor told Lashaster Lewis that her
sister would be all right and "that an ambulance would cost too
much," Giarrusso said. "Freeman admitted that Lashaster
was in fact instructed to call her mother to see if her mother
'wanted to pay for the cost of the ambulance' or 'wait for the
ambulance'", the judge said.
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"Freeman testified that in his 30 years of
school experience, he always understood the school policy
regarding medical emergencies to require a parent's permission
to seek emergency medical assistance", the judge said.
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| - Freeman and a Lawless teacher took Catrina
outside for some fresh air, and her condition worsened.
She told her sister she didn't think she was going to make it.
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"Lashaster then finally made the decision to
call 911 on her own and in fact at 2:34 Lashaster Lewis called
911", the judge said. "This was the first call from
Lawless Senior High School on behalf of Catrina Lewis to 911."
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Nine minutes later, a second call came in to
911 from Declouet after she was found at Lawless Elementary and
rushed to Catrina, who by that time was unconscious.
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About the same time, school nurse Hazel
Johnson, who had been attending a talent show in the auditorium,
saw the girl's condition, called 911 and began trying to revive
the girl.
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Emergency medical workers arrived shortly
before 3 p.m., found Catrina not breathing and with no
heartbeat. They couldn't revive her. She was later
pronounced dead at a Chalmette hospital.
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"Catrina's doctor testified that 'until the
girl lost consciousness, she had a 99 percent chance of survival
if appropriate medical treatment had been provided', and the
ambulance that eventually responded was available the whole time
the student was asking for help", Giarrusso said.
Vital, now the assistant principal at Lawless
High School, agreed at the trial that he could have taken the
girl to a hospital that was only seven minutes from the school.
"Vital, told of the girl's problem, approved the call to 911 but
did not make sure the call was made", the judge said.
Freeman, now retired, testified he was not
trained to handle medical emergencies. By insisting on
Declouet's permission to pay for the ambulance before one was
called, he "abandoned common sense and placed rigid rules before
a dying child's request", the judge said.
The judgment ordered by Giarrusso includes
$850,000 to Catrina's mother for the girl's suffering and death,
as well as a total of $175,000 to Catrina's three sisters,
Rochshell Lewis, Lashaster Lewis and Ashanti Declouet, all of
whom were gathered at the high school and watched her die.
Giarrusso held Vital 50 percent at fault for
what happened to the student; Freeman 30 percent at fault; and
the School Board, as their employer, 20 percent responsible.
An American Federation of Teachers insurance
policy covering Freeman will pay the judgment against him, and
the judgment against Vital will be borne by his insurance
through the Louisiana Association of School Executives,
Giarrusso decreed.
The associations' insurers argued
unsuccessfully that they would cover amounts only above what the
School Board does not pay but Giarrusso disagreed.
She also cited testimony from a School Board
finance officer that the school system's self-insurance program
does not cover teachers or administrators and, at any rate, has
been running a deficit and hasn't paid a judgment since the fall
of 1994.
Finch, Susan, "$1 Million Awarded in
Student's Death" Times Picayune
15 May 1996