A family in Bearspaw has received an undisclosed settlement from Rocky View Schools (RVS) for the life-altering injuries sustained by their son nearly seven years ago, when he became entangled and choked on his school lanyard.
In December 2012, Nicholas Kitzul – eight years old at the time – went to the washroom at Bearspaw School, when the lanyard around his neck somehow caught on the latch of the bathroom stall. The third-grader ended up ensnared by the lanyard and went minutes without oxygen before a classmate found him unconscious and unresponsive.
As a result of oxygen starvation, Kitzul suffered severe brain damage. He spent four months in hospital, and has since undergone years of medical treatment, according to the family’s lawyer. Now 15, he still uses specialized mobility aids, is mostly non-verbal and requires around-the-clock care.
“The injuries he sustained were devastating, life-altering and catastrophic,” said the family’s lawyer, Tara Pipella.
“He has done much better than the doctors predicted, in that he can pedal his bike and go swimming, with modifications. Not a standard bike but a modified bike. He’s getting tube-fed and fed orally, but the hope is that, over time, he’ll be able to eat exclusively by mouth.”
Kitzul’s treatment has even included multiple trips to the United States, Pipella added.
“His parents have worked tirelessly to get the very best medical treatment they can access, such as…stem-cell [injections] into the brain to try to regenerate the areas that were traumatized,” she said.
According to the statement of claim, filed in 2014, the Kitzul family sued the school division, the Alberta Teachers Association, two school employees and the company that donated the non-breakaway lanyards. The lawsuit sought more than $17 million in damages.
The exact total of the Kitzul’s settlement, announced Aug. 15, is not known, due to a confidentiality clause.
“The legal battle is a long-drawn out process,” Pipella said.
“It was an emotional journey and the family is happy to have closure, in order to move forward with adequate resources to take care of their son.”
RVS Communications Officer Erlene Gococo said the district cannot officially comment on the lawsuit.
“The settlement was covered by our insurer, with its lawyers managing the case, so it’s beyond our responsibility to comment on the settlement,” she said in an email.
“The incident was tragic for the family and our jurisdiction.”
Kitzul’s injuries resulted in a province-wide ban on non-breakaway lanyards at schools. Despite the rule, Pipella said, she has seen examples of it not being followed.
“It’s disappointing, because that should be well-recognized,” she said. “It can be a noose for children, especially when they’re running and playing.”
