Attorney needed to represent parents of deceased child (NOC issues)
Hoping someone wants to help out a lovely couple involved in a truly saddening situation. Child was enrolled in NYC DOE Summer Rising program held by University Settlement at PS 130. On August 10, 2023, while attending the Summer Rising program, the child suffered a medical episode and died. Prior to the start of the program, the child's parents indicated on the enrollment forms that the child had a medical history which required Diazepam being kept in the child's backpack for emergency use. A years' long investigation into the matter was performed by NYCSCI. After numerous FOIL requests, NYCSCI released some limited information to the parents about their investigators' findings/report, specifically that the school principal overseeing the summer program and the director of the afterschool portion of the program "failed to ensure that forms in students’ files and emails from parents, which contained important information necessary for ensuring the safety of students, were sufficiently reviewed'" The problem here is the parents sought legal representation well after the time to file the Notice of Claim had passed. I would argue that the NYCSCI investigation gives the municipal defendants adequate notice that would satisfy the General Municipal Law. The other problem is the statute of limitations has passed on any wrongful death claims and time is running out on any negligence causes of action. Parents were distraught, grieving, and unaware of deadlines imposed, hence the delays. I can provide greater details if anyone is interested. Thank you in advance. *---------------------------------------------------------* *Alexander Berger, Esq.* *GINSBURG & MISK, LLP* *215-48 Jamaica Avenue* *Queens Village, New York 11428* *(718) 468-0500 - Phone* *(718) 468-0592 - Fax* *ABerger@GMLawyers.net <ABerger@GMLawyers.net>* - Email www.gmlawyers.net - Website *CONFIDENTIALITY NOTICE: The information contained in this message and any attachments is confidential and may be information protected by psychotherapist-patient, medical provider-patient, attorney-client and/or the attorney/work product privilege. It is intended only for the use of the individual or individuals named above. If the person actually receiving this email or any other reader of this message is not the named or intended recipient or the employee or agent responsible to deliver it to the named recipient or intended recipient, any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by email and delete the message from your system.*
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Alexander Berger