School ‘refused to administer the rescue medication’ to 14-year-old Texas boy having fatal seizure

August 16, 2024 Sharon Banks

The parents of Jaxson Mendoza, a 14-year-old Texas boy who died from a seizure at school, are suing the Amarillo Independent School District (ISD) in federal court, alleging that the district’s failure to follow his medical action plan contributed to his death.

Jaxson, a freshman at Amarillo High School, died on August 25, 2022, just a few days into the school year. The day before his death, Jaxson suffered a seizure while running on the school track during a basketball warmup.

According to the lawsuit filed in the U.S. District Court for the Northern District of Texas, school officials “refused to administer the rescue medication” that could have saved his life.

Jaxson had been diagnosed with epilepsy in the sixth grade and had a 504 Action Plan on file with the school. This plan detailed the steps school personnel were required to take if Jaxson experienced a seizure, including administering rescue medication, calling emergency medical services and notifying his parents.

The rescue medication specified in the plan was Nasal Midazolam, dosed at 5 milligrams, to be administered if a seizure lasted longer than five minutes.

On the day of the incident, Jaxson’s mother, Apryl Mendoza, received a call from the school at 12:15 PM informing her of her son’s seizure and that emergency services were on the way.

She then contacted her husband, Gabriel Mendoza, who rushed to the school. When he arrived, he was informed by Jaxson’s basketball coach that his son had been seizing for approximately 17 minutes.

Despite the prolonged seizure, the school staff did not administer the prescribed emergency medication, as required by his 504 Action Plan.

By the time Gabriel Mendoza arrived, Jaxson was still seizing, frothing at the mouth, and had turned grey. Jaxson was eventually taken to Baptist St. Anthony Hospital, where he died the next day. The lawsuit alleges that the failure of Amarillo ISD employees to administer the emergency medication directly led to his death.

The lawsuit asserts that the school district’s refusal to follow Jaxson’s 504 Action Plan was not only negligent but also discriminatory, violating the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA).

These laws require schools to provide equal access and opportunities to students with disabilities, including necessary accommodations like Jaxson’s seizure action plan.

Jaxson was remembered in his obituary as a “natural born athlete” who loved all sports, particularly baseball, which was described as his “first love and his whole heart.” He was described as a “gentle warrior” who battled epilepsy with courage and determination.

In the lawsuit, Jaxson’s family is seeking damages for the physical pain and mental anguish he experienced before his death, as well as for medical expenses, funeral and burial costs, and the loss of his life.

TOP STORIES:

The family has also requested a jury trial to hear their claims.