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Mom Accuses School District Of Negligence Following Son's Injury

Elementary Student Breaks Collarbone, Goes Without Medical Treatment

POSTED: 5:10 pm MST January 13, 2004

A Westminster mother is accusing the Jefferson County School District of negligence.

She said her 11-year-old son fell and broke his collarbone at the Windy Peak Outdoor Lab south of Bailey, Colo. And the mother said that the school nurse didn't do anything except give her son one pain pill.

Video

Joshua Willems (pictured, left) goes to school at Zerger Elementary. But, in mid-December, he and some classmates were attending a week-long outdoor laboratory near Bailey.

Fresh snow had covered some ice and, while he was walking between classes, he slipped on some ice and broke his collarbone.

"It feels like someone's shoving a knife in your shoulder and grabbing it while the knife is in," said Willems.

It wasn't the first time Willems had broken his collarbone -- it was the fifth. His parents said he has a calcium deficiency.

"My husband said, 'Well, why can't you help us get him down the mountain because it's going to take us about an hour and a half to two hours to get up there?' And we were told, 'No!'" Renae Willems, Joshua's mom, said.

Renae Willems said she could understand the school district's reaction if the accident had happened at their neighborhood school. But she said the outdoor lab south of Bailey is different. It's 35 miles away and it had just snowed.

"He wasn't bleeding profusely. He didn't have any bones sticking out," she said. "But this is an 11-year-old child. It's my child."

She said her son went without medical treatment for nearly six hours. She also said the Jefferson County School District should be more forthcoming.

"They're telling the parents, 'Oh your kids are safe. They're taken care of while they're up here. If anything arises we've got Flight for Life. We've got emergency. We can call 911.' And then something like this happens and nothing's done for him," she said.

The school district said it documents all injuries. In this case, school district officials said the boy got up after he fell so the nurse didn't think that the injury was that serious. They say the nurse did offer ice, but the student refused it, saying it would hurt too much. They also said that at no point did the parents ask for an ambulance.

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