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Instead of reporting the incident to his mother, school officials neglected to mention it until after she had taken him to the emergency room for x-rays and called the school to find out what had happened.
Not only did the school fail to inform Devin's mother, Sherry Schregardus, of the incident until after she confronted them, it was 3 days after the fall that the school finally admitted the full scope of the incident that resulted in Devin's injuries.
School staff had texted Sherry on the day of Devin's fall to tell her that he was "whining" (Devin is non-verbal) and consult her about what they should do. Sherry, thinking that it was probably something minor, told the staff to give Devin some over-the-counter pain medication.
Staff later texted Sherry to tell her that Devin "seems better" after being given medication. At no point did they mention that he had been injured.
After Devin got home on the school bus, Sherry noticed that he seemed to be in pain any time she touched his legs. Suspecting something was wrong, Sherry took him to the emergency room to be evaluated.
When doctors x-rayed Devin's legs, they discovered that his right femur was fractured.
According to the lawsuit, Sherry informed the school of Devin's injury the next day, but school officials still failed to inform her of his fall while at school. It wasn't until 2 days later, a full 3 days after the accident, that school officials told Sherry what had happened.
When Sherry told Devin's doctor about the injury and another set of x-rays was ordered it was revealed that Devin's left femur was also fractured. This was a full 7 days after Devin's initial injury, and the bone had started to heal in the wrong position.
Devin required surgery to correct the misaligned bone, which required the use of permanent metal screws.
Schregardus is seeking $2.8 million in damages, partially because of the emotional trauma suffered by Devin as he was left to sit for hours with fractured legs after his fall—unable to tell caregivers he was suffering.
Folks on Twitter were shocked and outraged at the school's treatment of Devin.
@HardestyDavis/Twitter
Sherry is suing because not only did school officials withhold information from her about her son's injury, they were responsible for not properly securing him in the chair and then simply leaving him to suffer for hours with broken bones.