School system sued over alleged allergic reaction by student caused by vaccination

Catherine Melancon Oct. 30, 2012, 4:46am

Christopher B. Hebert

BATON ROUGE – A Baton Rouge man is filing suit against a school system and healthcare provider after his daughter allegedly had an allergic reaction to a vaccination administered at school.

Casey Howard filed suit against East Baton Rouge Parish School System and Health Care in Schools, Inc. in the 19th Judicial Court on Oct. 12. Howard is filing on behalf of his minor child, who is a student at Westdale Heights Elementary School.

The plaintiff allegedly signed consent for her child to receive the influenza vaccination, but explicitly stated on the form that the child suffered from sever asthma, so she could not take the intranasal influenza vaccination. On Oct. 19, 2011, the child allegedly was administered an intranasal flu vaccination, along with the rest of her classmates. The plaintiff alleges her daughter immediately and violently reacted with her severe asthmatic condition requiring her to seek immediate medical intervention.

The defendant is accused of failing to ensure that its employees reviewed the consent forms and other medical and/or documentation on each of its patients, failing to properly supervise its employees in providing health care related services to its patients, negligence and recklessness.

An unspecified amount in damages is sought for physical pain and suffering, mental anguish and pain, medical expenses and loss of enjoyment of life.

The plaintiff is represented by Christopher B. Hebert of Baton Rouge-based the Law Offices of Christopher B. Hebert, LLC.

The case has been assigned to Division M Judge Kay Bates.

Case no. 616183.

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