Max Schramel May 6, 2015, 3:22pm


NEW ORLEANS – A mother is suing Ben Franklin Elementary School contending the school nurse only gave her daughter a single dose of Tylenol to stop her headache instead of three as ordered.

Kwanza Wells, individually and as the natural tutrix of her minor daughter, filed suit against Orleans Parish School Board and their insurer in the Orleans Parish Civil District Court on April 1.

On April 25, 2014, the petitioner’s minor child was attending Ben Franklin Elementary School located at 1116 Jefferson Ave. in New Orleans. While in class, Wells’s daughter allegedly began to experience symptoms of a headache. As a result, the plaintiff’s daughter was allegedly given permission to go to the nurse’s office to be further diagnosed.

According to the case file, the plaintiff explained her daughter’s headaches were common, and as such the nurse was to administer “three teaspoons of ibuprofen” to relieve the pain. However, the nurse purportedly only gave Wells's daughter a single dose of Tylenol, resulting in her headache worsening to the point where she was admitted to Children’s Hospital later that evening.

The petitioner contends her daughter stayed the entire weekend at Children’s Hospital and sustained continual migraine headaches.

The defendants are accused of failing to administer the correct dosage of medication, use proper medical procedures to protect students, sustain a safe environment, warn students of a dangerous condition, carry out proper regulations and have competent employees.

The plaintiff, individually and on behalf of her minor child, is seeking a sum less than $10,000 in damages for pain and suffering, mental anguish, and medical expenses.

The petitioner is represented by Steven M. Koenig and J. Nelson Mayer IV of Valteau, Harris, Koenig & Mayer.

The case has been assigned to Div. G Judge Robin G. Giarrusso.

Case no. 2015-03055.

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