FORT BEND - A child dies after collapsing at Dulles Middle School. Could more have been done at the school to prevent 12-year-old Dustin Chan's death?
According to a letter from the Texas Board of Nursing the Dulles Middle School nurse "may have contributed to the patient's untimely demise".
Chan collapsed suffering cardiac arrest at Dulles Middle in January 2014. In December 2015 his parents won a lawsuit. Just yesterday Dustin's mom and dad went before the Fort Bend ISD school board pleading for policies to be reviewed.
"Every single day I go to the cemetery and see my son," explains Dustin's mom Sheila Chan who is in pain, not only after losing her 12 year old son but also because of the way it happened. "This is killing me every single day. My heart is broken" she says.
The 12-year-old collapsed at school in a Kickstart Kids karate class. According to court records the Kickstart instructor did not call 911 but rather sent a student to get the school nurse.The Dulles Middle School nurse arrived and according to the Chan's attorney nearly nine minutes after Dustin collapsed 911 was called. Paramedics arrived 19 minutes after Dustin fell unresponsive.Even after 19 minutes paramedics were able to restart Dustin's heart using a defibrillator. Days later the 12 year old died due to suffering lack of oxygen for so long.
"If everyone in the community doesn't stand up, Fort Bend ISD they're not going to correct their system. They're not going to change anything," says Mrs. Chan.
According to the Texas Board of Nursing the nurse "failed to apply the AED" Automated External Defibrillator which was right there and "instead of initiating CPR (the nurse) was observed attempting to (determine) the patient's blood pressure".
"And the defibrillator was right there but why don't they do it? Why? They owe me. Fort Bend ISD owes my family everything," cries Mrs. Chan.
Under the law a school district and school nurse are protected from lawsuits. So the family sued Kickstart and won.The jury found Kickstart 45% and the Dulles Middle School nurse 55% responsible for Dustin's death.
"I want the nurse to be punished," says Chan.
The school nurse still holds the same position at Dulles Middle School.
Dustin would have turned 15 years old last week Sunday. His parents celebrated at his grave site.
"If we don't prevent this problem you don't know who will be next," cries Mrs. Chan.
The nurse was reprimanded by the state which included an order to take additional classes and to give her employer a copy of the state reprimand. In December the jury awarded the Chan family nearly a million dollars which was reduced to less than half a million since the nurse is protected legally.
Fort Bend ISD released a statement saying, in part "We do not take this case lightly and we are continuously working to determine the best ways to meet our student's needs."