LA School to Pay $18 Million to Parents of Boy with Down Syndrome Who Died in Fatal Fall

A Los Angeles school has settled a wrongful death lawsuit filed by the parents of an 8-year-old boy with Down syndrome after a fatal fall when he sat unsupervised on his school chair.

The family of Moises Murrillo, who died in 2017, confirmed the settlement in a press conference Wednesday, August 17, after filing the lawsuit against Sunset Elementary School in La Puente in 2018, per KTLA.

Murrillo had an adaptive stroller but his school teacher unstrapped and placed him on a regular school chair as the stroller apparently didn't fit his desk. However, as Moises tried to wiggle and push himself when the teacher was attending to the other students, he fell over, hit his head and fractured his neck.

The teacher was not familiar with the boy's individualized education program (IEP), which outlined the specialized equipment given to special needs students.

Following the incident, Murrillo was rushed to the Queen of the Valley Hospital and then later transferred to the Children's Health of Orange County. Doctors determined that the boy severed his spinal cord, cutting the brain's signals to his other organs. Four days later, Murrillo passed away.

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A hard-fought case for many years

Steve Vartazarian, the lawyer for the parents, told the Los Angeles Times that this was a "hard-fought" case that went on for years. Hacienda La Puenta Unified School District settled with the parents on June 22 but Vartazarian said the district has not admitted any wrongdoing and "blamed everyone under the sun."

The lawyer said that the school staff failed to follow the protocol that should have been established by the school district. The staff should have contacted the parents of a child with an IEP or asked the principal before taking him off his adaptive stroller. No calls were made to the parents until it was too late.

The school district disputed the damages cited by the parents for emotional distress. Lizbeth Murillo, the sister of the boy with Down syndrome, told reporters that their brother meant everything. Five years after his death, their mother is still distraught over the loss.

Lizbeth said that despite the settlement, no amount of money will ever bring back her brother. She said there is no closure nor happiness after what happened because Moises will never be back from the dead.

Jury awards $15 million to Alabama child's estate

Meanwhile, a jury in Alabama has ordered the state's Department of Human Resources (DHR) to pay $15 million to the estate of a 9-year-old foster child who died in 2013. The child was under the care of foster parents Kristi Kelley and Becky Van Gilder, who never administered the child's medication for sickle cell anemia.

The minor developed breathing problems, a common side effect of the disease. He later struggled and was brought to the hospital for acute chest syndrome. He died at the hospital a days later.

The lawsuit filed by trial attorneys, Andrew Moak of Alexander Shunnarah, and Brett Turnbull and Robert LeMoine of Turnbull, Holcomb & LeMoine, P.C., stated that the foster parents were negligent towards their ward. The case brought forth the reckless mismanagement of the Alabama Department of Human Resources.

"This child's death was completely preventable, and hopefully this verdict will cause DHR to re-examine its practice," the lawyers said, per WTVM.

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