A Colorado mother, Patricia Portillo Estrada, has filed a civil action lawsuit against the Adams 12 Five Star Schools district, alleging negligence and failure to provide adequate care after her disabled son suffered severe injuries at Rocky Mountain Elementary School.
According to the lawsuit, obtained by Nexstar’s KDVR, Portillo Estrada’s 12-year-old son, who has significant disabilities including intellectual, orthopedic, and speech impairments, sustained bilateral fractures to both legs after losing control of his wheelchair on a ramp at the school.
Failure to Uphold IEP
The incident occurred on May 10, 2022, but Portillo Estrada was not notified of her son’s injuries until later that afternoon, after he had endured hours of pain.
The lawsuit outlines a series of alleged failures by the school district, including the denial of reasonable accommodations for the boy’s disabilities and a lack of supervision or assistance with his functional mobility needs.
Despite his individualized education program (IEP) stipulating the need for constant supervision and assistance on ramps and uneven terrain, the lawsuit claims that the school failed to provide adequate support, leading to a catastrophic accident.
Following the incident, Portillo Estrada claims she received conflicting information from the school regarding her son’s injuries, with the school initially attributing his pain to shoulder discomfort unrelated to the incident.
Despite her concerns about her son’s severe pain and swelling in his knees, the lawsuit alleges that the school dismissed his injuries and suggested they were caused by falling out of bed.
Portillo Estrada’s frustration with the school’s response escalated when she attempted to return her son to school two days later, unaware of the extent of his injuries.
After the school demanded she pick up her son due to his pain or face an ambulance call, she took him to the hospital, where he was diagnosed with bilateral fractures requiring total immobilization for several weeks.
Read more: Chicago Authorities Schedule Sunday For Commencing Migrant Shelter Evictions
Allegations of Neglect in School Injury Lawsuit
The lawsuit further alleges that the school’s investigation into the incident revealed security footage showing the boy unattended and unsupervised on the ramp, leading to the collision with a concrete wall that resulted in his injuries.
Despite his IEP explicitly stating the need for constant supervision, the lawsuit claims that the school failed to provide adequate oversight, resulting in the tragic outcome.
Portillo Estrada’s attorney, Igor Raykin, emphasized the discrepancy between the boy’s IEP requirements and the school’s failure to ensure his safety, highlighting the need for accountability and systemic change within the district.
In response to inquiries about the lawsuit, Adams 12 Five Star Schools stated that they had not been served with a complaint and declined to comment further on pending litigation.
As Portillo Estrada seeks justice for her son’s traumatic injury, the lawsuit underscores the importance of ensuring the safety and well-being of all students, especially those with disabilities, within educational environments.
Read more: Parents Of Girl Buried In Sand Speak Out About Hidden Beach Danger
