The parents of a 10-year-old boy with epilepsy who died after choking on food during lunchtime at school have filed a lawsuit against the Chicago public school, claiming it is to blame for his tragic death.
Kody Townsend attended Clissold Elementary School in Chicago and had an Individualized Education Plan (IEP) and a Seizure Action Plan due to his history of seizures and developmental delays. The parents’ filing stated that these plans included meal supervision as well as a protocol and procedure for responding to seizures.
Kody’s parents, Lakeisha Jones-Townsend and Travis Townsend, claim in their complaint that their son was left unsupervised during lunch on October 18, 2024, and had a seizure during that time. According to the complaint, Kody suffered asphyxiation from a piece of food, resulting in cardiac arrest.
According to the court filing, CPS staff was aware that Kody had an implanted medical device that reduces the frequency of seizures and can stop them as they occur.
According to the complaint, the school agreed to respond to Kody’s seizures by having a designated person swipe a magnet over the device until the seizure stopped, or by having a nurse administer anti-seizure medication as needed.
Furthermore, the parents claim that CPS agreed that Kody would be supervised by a paraprofessional while eating for safety reasons.
Despite the school’s agreements, Kody’s parents reported that “approximately nine minutes elapsed before Kody was administered some of the seizure protocols.”
They also claim that when initial measures failed, school personnel “should have administered the next anti-seizure procedure while summoning emergency medical personnel, but they did not do so.”
The family claims that the paraprofessional assigned to supervise Kody did not provide one-on-one supervision and lacked experience caring for a child with Kody’s needs. Furthermore, they claim that school staff failed to notify a nurse or use the magnet with Kody’s device as required by his IEP.
“Kody’s airway was blocked, and CPS personnel did not advise responding EMS personnel that Kody’s airway was blocked and would need to be cleared before emergency medical aid could be administered,” according to the court document.
The plaintiffs claim that CPS personnel were aware of the dangers that seizures posed to Kody, particularly during mealtimes, and that they acted “willfully and wantonly in reckless disregard for the known risks” by failing to supervise Kody during mealtime and failing to notify EMS of Kody’s needs.
Kody was eventually taken to the hospital, but he died due to cardiac arrest.
In their lawsuit filed in Illinois’ Cook County Court, the family named Chicago Public Schools (CPS), the Chicago Board of Education, and the City of Chicago as defendants. The filing makes claims for wrongful death and seeks unspecified damages.
Kody’s mother issued a statement on Tuesday:
Kody was an amazing child who was more than his disabilities. He was an excellent big brother, grandson, and nephew. He gave the best hugs and kisses a child could offer, and his smile lit up the room wherever he went.
He was a delight to be with. His father and I sincerely hope that his entire story, both joyful and tragic, will raise awareness and provide support to other families with children like Kody while they are in school.
No parent should send their child to school in the morning only to be unable to welcome them home in the afternoon. We don’t want another family to go through what we did.
“When any parent drops their child off at school in the morning, you expect to see your child’s smiling face in the afternoon,” said Victor Henderson, the mother’s lawyer. “That basic activity occurs for thousands of CPS children and parents every day, almost all year.
However, for some unknown reason, Kody did not safely return home to his family on that fateful day in October 2024. On behalf of the Townsend family, we intend to discover why.
Chicago Public Schools issued a brief statement, saying: “Chicago Public Schools (CPS) is dedicated to our students’ safety and well-being. “The district does not comment on ongoing litigation.”
You can read the full complaint here.
