Medical mix-up at Commerce City school has epileptic student's mom threatening lawsuit

COMMERCE CITY, Colo. -- A medical mix-up at a Colorado elementary school sent an 8-year-old with epilepsy to the emergency room. Now, the child's mother is threatening a lawsuit just so she could get some answers. 

Monique Marquez and her 8-year-old daughter, Alina Hernandez, have come a long way. Marquez told Denver7 Alina was diagnosed with epilepsy when she was just 3-months-old.

"She'll have full blown ones where she shakes. Her eyes roll back. She'll have one where she just kind of stares off."

At her worst, Marquez said her daughter would have seizures 40 times a day. Now they are few and far between, as long as she has her Banzel medication.

Every morning, the nurse at Central Elementary School in Commerce City gives Alina her first dose of the day. But a couple weeks ago, something went wrong.

"They called me around 10:30 a.m. letting me know that my daughter was complaining that she wasn't feeling good and that they're pretty sure the nurse, the sub nurse, gave my daughter somebody else's medication,” said Marquez.

The substitute nurse allegedly gave the wrong seizure medication.

Denver7 confirmed the information according to the hospital discharge papers. Alina was rushed to the emergency room and Marquez met her there.

"Slurring her words. She was just kind of gone. She was talking to me but it was like really slow."

Alina is O.K., but now her mother wants answers and says the Adams 14 School District is giving her the runaround.

"It could be worse. My child could've died. What if it was a different medication? I just want it to be out there and people to know," said Marquez.

The family is considering a lawsuit and have hired attorney Igor Raykin.

"What steps are they actually going to take to ensure that her daughter is going to be safe going forward?" asked Raykin. “What the mother is seeking here is the repayment of her bills that she’s incurred for her daughter going to the emergency room.”

Marquez did say the district had apologized, but has since backed away from that statement.

Denver7 reached out to the Adams 14 School District, but because this is now a legal matter they couldn't comment.

"I feel like I really wasn't going to take it this far. I just wanted answers. I wanted to press charges against her. I wanted her name. I just wanted to know what's going to happen to this lady. Is she able to serve medications again? Is this gonna happen to another child," Marquez said. 

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