Chicago, ILL. – The parents of a 10-year-old boy who died after choking on food at school have filed a lawsuit against Chicago Public Schools (CPS), alleging the school’s failure to follow medical and safety protocols led to their son’s tragic death.
The Incident and Allegations
Kody Townsend, a student at Clissold Elementary School, suffered from epilepsy and had an Individualized Education Plan (IEP) and a Seizure Action Plan to address his medical needs, which included supervision during meals and a specific protocol for handling seizures. However, on October 18, 2024, Kody was allegedly left unsupervised during lunch, which led to a devastating chain of events.
According to the complaint, Kody suffered a seizure while eating and choked on a piece of food, which caused him to go into cardiac arrest. The lawsuit alleges that CPS staff failed to properly supervise Kody, despite having agreed that he would be monitored by a paraprofessional during meals for safety.
The complaint further alleges that Kody’s implanted medical device, which was designed to stop seizures by using a magnet, was not activated as required. Additionally, Kody’s parents claim that there was a significant delay in administering the seizure protocols, with approximately nine minutes passing before any action was taken.
Failure to Follow Medical Protocols
The lawsuit claims that, despite the established protocol for responding to Kody’s seizures, including using the magnet on his device or administering anti-seizure medication, school staff failed to act appropriately. The paraprofessional assigned to Kody reportedly did not provide one-on-one supervision and lacked experience caring for a child with Kody’s medical needs. Furthermore, the filing alleges that the paraprofessional failed to notify a nurse or use the device’s magnet to stop the seizure.
When emergency medical services (EMS) arrived, the family claims that CPS staff did not inform EMS personnel about Kody’s blocked airway, which hindered proper treatment.
Family’s Statement
Kody’s mother, Lakeisha Jones-Townsend, shared her grief and hope for raising awareness for children with special needs in schools. “Kody was an awesome child who was more than just his disabilities. He was a great big brother, grandson, and nephew. His smile would light up the room everywhere he went. He was a delight to be around,” she said. “No parent should send their child to school in the morning and not be able to welcome them home in the afternoon.”
Victor Henderson, the mother’s attorney, also spoke out, saying, “When any parent drops their child off at school in the morning, you expect to see your child’s smiling face in the afternoon. Yet, for some unexplained reason, Kody did not return home safely that day.”
The Lawsuit
The Townsend family has filed a lawsuit in Cook County court, naming Chicago Public Schools, the Chicago Board of Education, and the City of Chicago as defendants. The lawsuit seeks damages for wrongful death and raises serious concerns about CPS’s handling of students with medical needs.
CPS’s Response
In a brief statement, CPS said, “Chicago Public Schools is committed to the safety and well-being of our students. The district does not provide comments on ongoing litigation.”
You can read the full complaint here.
