A heart-wrenching incident has led a Colorado mother to take legal action against her son’s school district. Patricia Portillo Estrada has filed a lawsuit against Adams 12 Five Star Schools District after her 12-year-old son, Esdras Cruz, broke both his legs while being left unsupervised in his wheelchair. The lawsuit alleges that the school failed to provide Esdras with the necessary support and supervision he needed, which led to the devastating accident.
Esdras is a brave young boy who faces multiple significant disabilities, including intellectual disabilities, orthopedic impairments, and speech or language impairments. As a result, his mobility is impaired, and he relies on a wheelchair, walker, or mobility trike for movement.
Tragically, on May 10, 2022, Esdras lost control of his wheelchair while navigating a ramp and collided with a concrete wall. The impact resulted in bilateral fractures to the tibia and fibula of both his legs. Disturbingly, none of the school staff reported the incident, despite at least one employee discovering Esdras at the bottom of the ramp. Throughout the day, Esdras exhibited signs of distress, but no action was taken to investigate or treat his condition.
It wasn’t until Esdras’ mother picked him up from the bus stop that she became aware of her son’s injuries. The school dismissed Esdras’ pain as shoulder discomfort, claiming that he fell out of bed. However, an internal investigation disproved this claim. It took two days for Esdras to receive the medical attention he needed, and he was subsequently confined to a hospital bed for a week. The road to recovery was long, and he spent the following month bedridden due to his injuries.
Estrada met with the school’s principal, Kate Vogel, in June 2022, where they reviewed security camera footage of the incident. Seeing her son lose control of his wheelchair and crash into a wall was devastating for Estrada. She expressed her anguish, saying, “All I did was cry and cry. He was completely by himself, and he went down a ramp and he crashed into a wall.”
According to the lawsuit, the school district’s deliberate indifference to Esdras’ health, wellbeing, and federally protected rights is evident. His Individualized Education Program (IEP) explicitly states that he requires supervision and assistance while navigating ramps and safety monitoring from staff throughout the day. However, the school failed to meet these requirements, resulting in a severe injury for Esdras.
The accident has had a significant impact on Esdras’ physical and emotional well-being. He has endured extensive treatment and rehabilitation, along with severe emotional distress, including humiliation, frustration, anxiety, and sadness. The lawsuit seeks justice for Esdras and holds the school district accountable for its actions.
This heart-wrenching incident serves as a reminder of the importance of providing proper support and supervision to children with disabilities. It is essential for schools to prioritize the safety and well-being of all students, ensuring that no child is left unattended or without the assistance they require.
