The family of Schermiela Palmer, 16, who died during gym class at Beach Channel High School two weeks ago, announced that they plan to sue the city.
Their attorney, Stephen Drummond, said that they would file notice soon – by law, they must act within 90 days of Palmer’s death which occurred on Wednesday, September 13.
“We thought it would be inappropriate to file right now,” Drummond said, explaining that Palmer’s wake or “homecoming” was just held on Friday, September 22 in Brooklyn.
The Arverne family has not decided on a monetary amount for the suit, Drummond said, adding that the figure would probably not accompany the notice of the suit but would be announced later.
“I can tell you what the family would appreciate more than the money is the sense of closure,” he said. “Regardless of the amount of money that they are given, nothing is going to bring their child back.”
Drummond said that within the course of an investigation he and the Palmer family had come to believe that a defibrillator was not within immediate access of the outdoor activities - the students were running a lap around Beach Channel High School in Far Rockaway.
“Someone had to run inside the building to get it,” Drummond said.
Drummond also pointed out that Palmer had failed gym class the previous year and questioned whether the instructor who gave her CPR was qualified to do so.
“There is still a lot of work to be done,” he said.
Palmer, who collapsed during gym class on Wednesday, September 13, died of a cardiac arrhythmia resulting from a mitral valve prolapse, a rather rare heart problem according the medical examiner’s office.
Drummond said that the high school junior was adored by her five siblings and parents.
“The family would give up all the money in the world to get her back,” he said.