SAGINAW, MI — The Saginaw Intermediate School District has settled a lawsuit regarding the near-drowning of a developmentally disabled student more than three years ago at the Millet Learning Center.
Saginaw County Circuit Judge Janet M. Boes on April 14 will decide whether to give George J. Silvernaile and Amanda J. Silvernaile the authority to settle a lawsuit they filed on behalf of their son, George T. Silvernaile.
Attorney Debra Fried on Monday, March 31, filed a “motion for authority to settle and distribute proceeds of a personal injury action involving a developmentally disabled person” on behalf of the Silvernailes.
In the motion, Freid writes that “the matter has been settled” for $150,000 that “is available for distribution pending (the) creation of a special needs trust.”
The Silvernailes, who live in Fremont Township, will receive $65,000, to be maintained in a trust, after using the settlement amount to pay attorney fees and medical expenses, Freid writes.
The Saginaw News was unable to reach ISD Superintendent Richard Syrek, who is out of town until Friday, for comment.
The younger Silvernaile, then 16, nearly drowned Nov. 3, 2010, at the Millet center, 3660 Southfield in Bridgeport Township.
Freid filed the lawsuit against the center, the Saginaw ISD, and Jeremy Kaul, Melissa Neumann, Gwendolyn Pullom, Theresa Reyez, and Melissa Spindler, the five Millet workers who were, according to the lawsuit, in “complete control and direction” of the teenager.
Silvernaile suffers from Pachygyria, a “congenital malformation of the cerebral hemisphere,” Freid writes in Monday's motion. Prior to the near drowning, Freid writes, Silvernaile's “mental age was approximately that of a 2.5-year-old child,” and he “was non-verbal and had impaired but functional ambulation.”
Freid wrote in the lawsuit that at the time of the incident, Kaul was in his first year as the aquatics director, Spindler was in her first year as an aquatics assistant, Neumann was a teacher, and Pullom and Reyez were teaching assistants.
'Preoccupied'
Neumann, Pullom, and Reyez took Silvernaile and “at least 10 other developmentally disabled youngsters to the pool,” Freid wrote. At least eight of the students entered the pool “for the purposes of aquatics activity,” Freid wrote.
The defendants, Freid wrote, “knew that (Silvernaile) was a non-swimmer and required a flotation device and direct and constant supervision while in the pool both from past experience with (him) and through specific information provided” by his parents. They “knew (he) would not recognize the danger of entering the deep end of the pool,” and “knew (he) would be unable to call out for help if he got in trouble in the pool,” Freid wrote.
“Contrary to the instructions of his parents ... (the) defendants allowed (Silvernaile) to enter the pool area without a flotation device and, in fact, did not require (him) to wear a flotation device at all for the aquatics activity,” Freid wrote. “Further, none of the defendants noticed that (Silvernaile) had actually entered the pool on Nov. 3, 2010, because none of these defendants was watching (him).”
Prior to entering the pool, the defendants “did not take any precaution to rope off, or otherwise prevent access to, the end of the pool where the water was 10 feet deep,” Freid wrote.
While the students were in the pool, Neumann, Pullom, and Reyez “were preoccupied by caring for the four developmentally disabled youngsters who were on the apron of the pool and/or in the bleachers,” Freid wrote.
At some point, Silvernaile entered the pool, made his way to the deep end of the pool, and sunk under the water to the bottom of the deep end, Freid wrote. The defendants did not see that, Freid wrote.
“Once (Silvernaile) was under the water for a period ... Neumann observed (him) on the bottom of the pool,” Freid wrote. When Silvernaile was brought to the surface, “he was not breathing and had no pulse,” the attorney wrote.
“After signification resuscitation efforts, a pulse was recovered,” Freid wrote.
Silvernaile was hospitalized and was in critical condition in the pediatric intensive care unit for 15 days, Freid wrote. He “continues to suffer with increased weakness and other residuals, including a pathological fear of water since” the incident, Freid wrote.
Attorney David Wallace did not file a response on behalf of the defendants, and the next filing in the case was Freid's Monday motion, court records show.
Freid writes in the motion that her office, Freid, Gallagher, Taylor & Associates, is entitled to $51,350 in attorney fees and costs and that the Midland firm of Chalgian & Tripp is entitled to $5,650 for creating “an appropriate First Party Special Needs Trust.” In addition, $28,000 “will be utilized to satisfy the medical lien” with Blue Cross/Blue Shield of Michigan, which expended $46,260 in payment of medical expenses, Freid writes.
That leaves $65,000 for the Silvernailes, Freid writes.
“Given the foregoing liability issues particularly and the issues with respect to establishment of injury residuals and in consideration of the condition of the plaintiff and his family," Freid writes, "the settlement in the amount of $150,000 is fair and is in the best interest of George T. Silvernaile."
— Andy Hoag covers courts for MLive/The Saginaw News. Email him at ahoag@mlive.com or f
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