suing MCPS for covid-related health problems

[Anonymous]

Anonymous wrote:The legal liability works both ways. Public schools have a legal obligation to provide x hours of instruction, provide SN services, etc. Their potential exposure to lawsuits or state sanction for failing to meet educational needs is likely a larger risk.

Free public education.. Possible life-long health issues or death.. it's the same, right?

Listen to yourself. It's sad.

[Anonymous]

Anonymous wrote:

Anonymous wrote:The legal liability works both ways. Public schools have a legal obligation to provide x hours of instruction, provide SN services, etc. Their potential exposure to lawsuits or state sanction for failing to meet educational needs is likely a larger risk.

Free public education.. Possible life-long health issues or death.. it's the same, right?

Listen to yourself. It's sad.

Riding in a car: possible life-long health issues or death.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Will you sue if you catch Covid from a restaurant, a grocery store or work place?

The State didn't make a law saying "children must be present in a restaurant, grocery store, or workplace" nor are they necessarily staffed by people paid for with taxpayer dollars?

And you don’t have to send your kid to school. You can homeschool them if you want. Or you had an option to enroll them in the virtual academy.

We all have a right to free public education. Sorry that offends you

Hence the free virtual academy.

But MCPS says in-person schools are safe? They would never place children in danger. So in-person is just as safe, since MCPS had the option to go hybrid or temporary virtual?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:The legal liability works both ways. Public schools have a legal obligation to provide x hours of instruction, provide SN services, etc. Their potential exposure to lawsuits or state sanction for failing to meet educational needs is likely a larger risk.

Free public education.. Possible life-long health issues or death.. it's the same, right?

Listen to yourself. It's sad.

Riding in a car: possible life-long health issues or death.

The taxpayer hasn't paid for a chauffeur for my car.

[Anonymous]

When one party has millions for spend on lawyers, NO, it does not work both ways!!!

[Anonymous]

Anonymous wrote:


When one party has millions for spend on lawyers, NO, it does not work both ways!!!

Excellent point. If MCPS has tens of millions to spend defending themselves in court, they certainly have that amount to pay in damages? Otherwise what is the point of them having tens of millions in defense funding if they're completely innocent and immune from lawsuits?

[Anonymous]

Good luck with that, OP.

[Anonymous]

Anonymous wrote:Good luck with that, OP.

"Liability clearly imposes burdens upon the government, but these burdens may become a less compelling basis for immunity when compared to the harm inflicted upon tort victims. 72 In measuring the competing needs, it is significant that the victim "bears the entire, sometimes calamitous, burden resulting from [government activity] ...undertaken for the benefit of the entire community" while the government assumes little or no responsibility."
https://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=2328&context=mlr

I read that MCPS spent $1.6M of covid funding on the Kids Museum and plans to spend a lot (I think it was over $100 million) on future electric bus rental? That funding could have been applied towards better teaching and classroom solutions, so I would think that bad pandemic decision making might have a shot?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Will you sue if you catch Covid from a restaurant, a grocery store or work place?

The State didn't make a law saying "children must be present in a restaurant, grocery store, or workplace" nor are they necessarily staffed by people paid for with taxpayer dollars?

And you don’t have to send your kid to school. You can homeschool them if you want. Or you had an option to enroll them in the virtual academy.

We all have a right to free public education. Sorry that offends you

Hence the free virtual academy.

Why do you keep repeating this?? Once again for the people in the back who are apparently unwilling to listen, the virtual academy IS NOT AN OPTION. The demand for VA overwhelmed what was available and they aren't letting anyone in.

[Anonymous]

Anonymous wrote:Yes. You can sue. Family member is currently receiving workers comp in PA due to COVID complications that she contracted at work. Workers have fewer rights in PA than in MD and as a teacher that is married to a lawyer, I can assure you we have a plan in place if I were to get really sick from covid.

Workers comp is no fault whereas tort law is not. Workers comp doesn’t require proof by a preponderance of the evidence. Tort does. Entirely different legal analysis.

I’m a workers comp attorney and early on in Covid, establishing source of infection wasn’t that difficult but now it’s an entirely different story. Unless you see no one and never go out except for your job or unless you work in a place where Covid is rampant like the Covid ward of a hospital or nursing home, it’s impossible to establish source of infection. OPs assertion that she has unequivocal proof is likely not the case.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Yes. You can sue. Family member is currently receiving workers comp in PA due to COVID complications that she contracted at work. Workers have fewer rights in PA than in MD and as a teacher that is married to a lawyer, I can assure you we have a plan in place if I were to get really sick from covid.

Workers comp is no fault whereas tort law is not. Workers comp doesn’t require proof by a preponderance of the evidence. Tort does. Entirely different legal analysis.

I’m a workers comp attorney and early on in Covid, establishing source of infection wasn’t that difficult but now it’s an entirely different story. Unless you see no one and never go out except for your job or unless you work in a place where Covid is rampant like the Covid ward of a hospital or nursing home, it’s impossible to establish source of infection. OPs assertion that she has unequivocal proof is likely not the case.

Is it really that difficult?

Example: the in-person child contracts covid first in the family. The prior few days, the only contact the child has with others is at school. None of the other family members tested positive until after the first child was sick (and they didn't go outside that weekend or maybe the child only had a fever on Friday ex. during the contagious / incubation period)?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Yes. You can sue. Family member is currently receiving workers comp in PA due to COVID complications that she contracted at work. Workers have fewer rights in PA than in MD and as a teacher that is married to a lawyer, I can assure you we have a plan in place if I were to get really sick from covid.

Workers comp is no fault whereas tort law is not. Workers comp doesn’t require proof by a preponderance of the evidence. Tort does. Entirely different legal analysis.

I’m a workers comp attorney and early on in Covid, establishing source of infection wasn’t that difficult but now it’s an entirely different story. Unless you see no one and never go out except for your job or unless you work in a place where Covid is rampant like the Covid ward of a hospital or nursing home, it’s impossible to establish source of infection. OPs assertion that she has unequivocal proof is likely not the case.

Is it really that difficult?

Example: the in-person child contracts covid first in the family. The prior few days, the only contact the child has with others is at school. None of the other family members tested positive until after the first child was sick (and they didn't go outside that weekend or maybe the child only had a fever on Friday ex. during the contagious / incubation period)?

How do you know kid was first positive in the family? Was everyone tested before kid’s positive? Most Covid is asymptomatic. Yes it is really difficult.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Yes. You can sue. Family member is currently receiving workers comp in PA due to COVID complications that she contracted at work. Workers have fewer rights in PA than in MD and as a teacher that is married to a lawyer, I can assure you we have a plan in place if I were to get really sick from covid.

Workers comp is no fault whereas tort law is not. Workers comp doesn’t require proof by a preponderance of the evidence. Tort does. Entirely different legal analysis.

I’m a workers comp attorney and early on in Covid, establishing source of infection wasn’t that difficult but now it’s an entirely different story. Unless you see no one and never go out except for your job or unless you work in a place where Covid is rampant like the Covid ward of a hospital or nursing home, it’s impossible to establish source of infection. OPs assertion that she has unequivocal proof is likely not the case.

Is it really that difficult?

Example: the in-person child contracts covid first in the family. The prior few days, the only contact the child has with others is at school. None of the other family members tested positive until after the first child was sick (and they didn't go outside that weekend or maybe the child only had a fever on Friday ex. during the contagious / incubation period)?

How do you know kid was first positive in the family? Was everyone tested before kid’s positive? Most Covid is asymptomatic. Yes it is really difficult.

Yeah, I can see that. But if the family only tests the kid first, is asymptomatic, or shows sequential covid testing dates (negative --> positive), still might be possible?

"As applied in Maryland, the doctrine of sovereign immunity is not only applicable to the State, itself, as a governmental agency, but is also applicable to its agencies and instrumentalities, including its municipal political sub-divisions, if engaged in a governmental function as an agent of the State, unless the General Assembly either directly or by necessary implication has waived the immunity." https://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=2328&context=mlr

"the court concluded the MTCA insulates state personnel from all types of tort claims absent a sufficient showing of actual malice. Id. at 253, 863 A.2d at 302. Thus, the court found, the defense of public official immunity is very narrow and generally applies only to negligent acts. Id." [,,] "In Shoemaker v. Smith, 353 Md. 143, 725 A.2d 549 (1999), the court defined "actual malice" as "conduct characterized by evil or wrongful motive, intent to injure, knowing and deliberate wrongdoing, ill-will or fraud." Id." https://scholarworks.law.ubalt.edu/cgi/viewcontent.cgi?article=2148&context=lf

That would be difficult to prove, although (hypothetically) spending covid money on whatever then claiming there was no money to go virtual after-the-fact might be an example? Not an attorney, but it really does seem like an uphill battle.

[Anonymous]

Anonymous wrote:

Anonymous wrote:MCPS defenses:
- You could have registered your child for virtual only
- we tried when it became apparent omicron would be bad.

- You could have kept your child at home - you were the one sending them into school
-atm, we are

- Covid is not their fault (force majeure)
- No. But changing policy after establishing a threshold of harm, changing the policy to exceed it seems like a problem.

- MCPS didn't make the decision, they consulted with the county health officer, so it's only vicarious liability (peanuts in terms of damages)
- Incorrect.

- MCPS spent presumably $11M in outside counsel in 2017, so what makes you think they didn't put some of the covid money into the kitty
- good, they can pay then.

- You didn't arrange a meeting to discuss your concerns with your Principal
- I have done this a few times already. The Principal is great. Our school is doing everything they can. MCPS is throwing them to the wolves. That's actually why I am so concerned.


- You didn't file a Complaint from the Public

--ive aired my concerns here and on facebook

- You can't prove the school is at fault. Maybe it wasn't the lunchroom, maybe it was when they were playing on the weekends

-- our child doesn't play on the weekends. Or see others on the weekends. Not since a week after Thanksgiving, when it became clear this was coming. They go to school. That's it.

Yep. I started getting calls every week if my high risk kid had their mask coming down. DC is 7. They were setting up a case to pin it in DC if anything happened. We left.

-- we've gotten calls that our kid tells others to wear their masks correctly.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Can you sue MCPS if your DC gets permanent and serious health issues after contracting covid from school ? (suppose the source can be unambiguously established which certainly can be done).

OMG

My thoughts exactly.

MCPS's attorneys (who will be sharks no doubt) will SHRED those parents to pieces making then prove that their child caught covid in their school?

There are a million other places & people that they could have caught it from.

Even if the kid went straight to school and straight home, one of the parents could have contracted it and been asymptomatic.

Good luck finding an attorney to accept this case, and if they do their retainer required up front will be in the $20,000 - $30,000 range.

Why I'd our society so damn litigious??