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Ogden SD facing lawsuit in death of 7-year-old boy

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Posted at 7:20 PM, Dec 12, 2012
and last updated 2012-12-12 21:20:50-05

OGDEN, Utah - The Ogden School District is facing a wrongful death lawsuit after a 7-year-old boy died of a heart condition in 2010. His family claims the school's negligence is to blame for the death.

7-year-old Jose Eduardo Flores Bedolla's family said that when he came to Horace Mann Elementary School on Oct. 29, 2010, he wasn't feeling well. Eduardo complained of a stomach ache and he was sweating, so his teacher sent him to the office.

"At one point he went into the school principal and said can you hold me and they refused him. They said no go sit on the bench," said Peter Summerill, the family's attorney.

Eduardo sat on the bench alone waiting for his mother to pick him up. Summerill said that while waiting, a teacher trained as a respiratory therapist offered to examine Eduardo, but school officials said to not touch him; just leave him alone.

Eduardo's mother drove him the hospital where he died, the complaint says.

Before Eduardo's kindergarten year, Eduardo's mother told the school her son had a serious congenital heart condition called hypoplastic left heart syndrome.

Eduardo's mother believes that his life could have been saved if the school had called an ambulance.

According to Summerill, the school claims it sent home health forms to parents to update their child's medical history, but never received them back from Eduardo's family.

"All schools are supposed to have a safety action plan so when something like this happens they know exactly what to do," said Summerill.

In a statement, the Ogden School District, said, "We take students' health and safety very seriously; however, we cannot comment on this case pending litigation."

The district is not responding to specific claims in the case.

The family is seeking a minimum of $300,000 in damages, but the attorney says the case is about accountability.