Inset: Jaxson Mendoza (GoFundMe). Background: Amarillo High School (Amarillo ISD/Facebook).
A Texas mother and father whose son died from a seizure he suffered at high school are now suing the school district in federal court.
Jaxson Mendoza was 14 years old when he died on Aug. 25, 2022. At the time of his death, he was just a few days into his freshman year at Amarillo High School in the Amarillo Independent School District.
The day before Jaxson died, he suffered a seizure at school. During this episode, officials there “refused to give” him the medicine that might have saved his life, according to the 15-page complaint filed in the U.S. District Court for the Northern District of Texas last week.
On the day in question, right around noon, Jaxson was running on the track at the Lone Star State panhandle high school as part of a normal basketball warmup routine, according to the filing.
“There were no circumstances indicating it would have been unsafe for Jaxson to exercise outside that day, such as excessive heat or wind,” the lawsuit reads. “During this basketball warmup on the track, Jaxson reportedly fell onto the ground and began seizing.”
The boy’s potential for seizures, however, was — or should have been — common knowledge for school employees, according to the lawsuit.
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Jaxson had been diagnosed with epilepsy in the sixth grade, the lawsuit notes. As part of his condition, he “had a 504 Action Plan on file with Amarillo ISD,” according to the filing, which “detailed the procedures that school nurses and employees should take in the event Jaxson experienced an epileptic episode and/or seizure.”
Apryl Mendoza got a call at 12:15 from high school staff about her son’s seizure, the lawsuit says. They told her that emergency medical services were on the way. Then, she hung up and called her husband, Gabriel Mendoza, to apprise him of the situation.
“When Mr. Mendoza arrived on scene, Jaxson’s basketball coach informed him that Jaxson had been seizing for approximately 17 minutes,” the filing reads. “Typically, Jaxson’s seizures would only last around two to two and a half minutes. Mr. Mendoza reports that when he arrived on the scene, Jaxson was still seizing, frothing at the mouth, and had grey coloring. Amarillo ISD had refused to administer Jaxson his emergency seizure medication, which is inconsistent with Jaxson’s emergency seizure action plan.”
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The lawsuit delineates the specifics of the 504 Action Plan:
Specifically, the plan required that in the event Jaxson experienced a seizure longer than five minutes, school personnel must administer emergency medication, call emergency medical services and notify Jaxson’s parents. The rescue medicine required by Jaxson’s Seizure Action Plan was Nasal Midazolam, dosed at 5 milligrams …
Specifically, the Action Plan required that in the event Jaxson began having an epileptic episode and/or seizure, school nurses and/or personnel were to administer Midazolam, call emergency medical services and notify Jaxson’s parents.
The numeric identifier of the action plan comes from Section 504 of the Rehabilitation Act of 1973, a law signed by Richard Nixon, which created and expanded certain civil rights for people with disabilities, created corresponding liability for certain recipients of federal funds — including, specifically and relevantly, in regard to children and education — and created a private right to sue for violations.
In other words, a 504 plan is a well-known rubric of public education in which schools work to help remove barriers to education for children who might otherwise face difficulties due to their disability.
But, for some reason, in Jaxson’s case, the action plan was ignored, the lawsuit claims. After being rushed to nearby Baptist St. Anthony Hospital, the boy died the next day, because “Amarillo ISD employees refused to administer the rescue medication,” the lawsuit alleges.
His obituary remembers him as “a natural born athlete that loved all sports,” particularly baseball — “his first love and his whole heart.”
“He started swinging a bat when he was 2 years old and never stopped,” the eulogy reads. “Jax was a gentle warrior who battled epilepsy for 2 years and 10 months. He was courageous in his battle and used every opportunity to try to overcome the setbacks this awful disease caused. He was an example to all of us on how to live life to the fullest and not let anything bring you down or hold you back. He was stubborn, brave, tender hearted, and he loved his friends and family ferociously.”
After the boy’s death, firefighters in Lubbock — a city some 120 miles due south, where Jaxson’s father was a volunteer firefighter — raised just shy of $10,000 for the Mendoza family.
The lawsuit alleges that “Jaxson was injured and died as the result of Defendant Amarillo ISD’s conduct.” And, the boy’s parents claim, the school district’s conduct in refusing to medicate Jaxson was intentional.
“Defendant Amarillo ISD discriminated against Jaxson solely on the basis of his disability by refusing to administer rescue medication as is required by his 504 Action Plan,” the filing goes on. “That refusal excluded Jaxson from the educational programming it offers to other non-disabled children. In so doing, Defendants denied Jaxson meaningful access and an equal opportunity to participate in and benefit from Defendant’s programs and activities in violation of section 504.”
Jaxon’s family is seeking damages in accord with the Rehabilitation Act and the Americans with Disabilities Act on behalf of his estate.
The lawsuit contains the following laundry list of damages:
a. The physical pain experienced by Jaxson Mendoza prior to his death;
b. The mental anguish and suffering experienced by Jaxson Mendoza prior to his death;
c. The medical expenses incurred by Jaxson Mendoza prior to his death; and
d. The funeral and burial expenses associated with Jaxson Mendoza’s death.
e. Loss of life for Jaxson Mendoza.
The lawsuit also seeks attorneys fees and costs. Jaxson’s family has requested a jury trial to litigate their claims.
Law&Crime reached out to the Amarillo ISD for comment on this story but no response was immediately forthcoming at time of publication.
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