Sleepy Student Claims Teacher's Wake-Up Slam Caused Hearing Loss

Discussion in 'Up to the Minute' started by White Rain, Mar 13, 2008.

  1. White Rain

    White Rain Active Member

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    DANBURY, Conn. — A 16-year-old Connecticut high school student who fell asleep in class says he suffered substantial hearing loss when his math teacher smacked her palm down on his desk to wake him up while she was teaching.
    Now his parents are planning to sue Danbury High School, the Connecticut Board of Education and the city of Danbury on his behalf.
    Vinicios Robacher's father, Soel Robacher, claims that his sleepy son's left ear was resting on his desk on Dec. 4 when math teacher Melissa Nadeau slammed her hand down so hard that his eardrum burst. Robacher says his son experienced an almost complete loss of hearing.
    Since then, though some of his hearing has been restored, the boy has been through extensive medical treatments with ear, nose and throat specialists and could require surgery to fully rectify the damage, according to documents obtained by FOXNews.com.
    The Robachers' lawyer said the complaint filed with the city last month isn't a lawsuit but a warning that a claim is being investigated and a suit could follow.
    "We don't have all the facts," said attorney Alan Barry of Alan Barry & Associates. "The facts that we don't have are a complete analysis of the medical condition. There is no question in our mind about what happened and the damage to this child's hearing."
    more: http://www.foxnews.com/story/0,2933,337420,00.html
     
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  3. Floh

    Floh Former Member

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    It's only the way a lot of people make money. :rolleyes:

    it should be stopped. they should get nothing at all except a massive legal bill.

    doubled.

    :furious:
     
  4. deanws

    deanws Former Member

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    How could hitting a desk cause a child's eardrum to burst?:confused:
     
  5. Floh

    Floh Former Member

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    It couldn't. they are, IMO, lying.
     
  6. deanws

    deanws Former Member

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    Gosh...I just can't imagine how. :confused:
     
  7. Taximom

    Taximom Former Member

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    Geez, what about her hand?!
     
  8. southcitymom

    southcitymom New Member

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    I can see how this could cause an eardrum to burst - if his ear was directly against the desk, a loud sound reverberating in it and the pressure from such a slap would definitely do this, IMHO. A burst eardrum is a painful thing and surgeries to repair hearing damage are costly. If it were my child and someone's actions cased such an injury, I would want to be reimbursed for the medical expenses.

    I really don't understand the outcry of this lawsuit as frivilous.
     
  9. deanws

    deanws Former Member

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    How are they going to prove that he didn't have an ear infection at the time or some other reason that caused his eardrum to be damaged? I mean, he was sleeping in class, so did he feel ill? Could he have had an inner ear infection that was causing him to feel groggy in the first place? I really think this case is suspect, although I know very little about the human body so I guess I should not even give an opinion.:silenced:
     
  10. southcitymom

    southcitymom New Member

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    Yes - they would have to prove causation to collect damages. But if he had no ear problems prior to the event and then had pain and problems hearing immediately after the event, causation seems to exist.
     
  11. txsvicki

    txsvicki Active Member

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    A loud noise near the ear sure can cause hearing damage. I had some school employee scream at her own child just as she was passing by me. I immediately lost about half the hearing in that ear and it started hurting badly. It healed and got better, but could have been permanent. Of course, she was only talked to about the situation and my name not mentioned. People should have more sense when they are hired to be around kids. Slamming a desk really hard and loudly with an ear laying on it is abuse of power, stupid, and very unprofessional. No adult would put up with that from spouses, bosses, co workers, family, etc.
     
  12. eve

    eve New Member

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    Right, SCM

    Being a teacher, I sympathize a bit with the teacher here - lazy, sleeping kids can be frustrating and sometimes it is tempting to make an example of them but I would never do this! When kids are sleeping in my class I hesitate to even nudge them awake because of liability issues. I'm also a mom and sometimes I know that my kids, good students all, have gone to school exhausted if recovering from an illness or having way too many activities and I wouldn't want a teacher to slam their desks this way if they did sleep. I have some damage in my left ear and shrill, loud noises are painful and I wonder if the kid had a pre-existing condition.

    Eve
     
  13. deanws

    deanws Former Member

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    I never knew the eardrum was so sensitive! My kids had tubes to keep their eardrums from breaking, but I never knew sounds could do that as well. See...WS is a cool place. We learn something new everyday. :D
     
  14. sillygoose

    sillygoose Member

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    I used to have a 7th grade Social Studies teacher that used to do this all the time. He would either slam his hand on the desk, or take a stick and beat it on a metal trashcan next to the student's ear. Why anyone continued to sleep in his class, I don't know.
     
  15. deanws

    deanws Former Member

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    On a metal trash can? That sounds mean to me. :eek:
     
  16. eve

    eve New Member

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    One of my kids' teachers throws a "koosh" ball at students when they're sleeping, but that's pretty harmless. I have had several students tweak if I touched them, screaming that their parents will sue! So I am pretty reluctant to touch students, though I admit, I sometimes hug them, when I trust them. Probably dumb. I trusted my ex husband once too! Haha! But I always say if I get fired or reprimanded for a simple hug, so be it. If that happens, they don't deserve me anyway. I'll walk away.

    Eve
     
  17. deanws

    deanws Former Member

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    So sad that teachers today are afraid to hug the kids. I know that right before I retired, we were forbidden to touch the students...even when we were loving on them. I taught 1st grade! They are still babies...especially when they got hurt. They cried and wanted to be held. The world is a sad place. You go Eve! I am glad you are standing your ground.
     
  18. southcitymom

    southcitymom New Member

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    I just knew you were a hugger, Eve! Keep it up!:blowkiss:
     
  19. southcitymom

    southcitymom New Member

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    That's terrible, deanws! My son's 1st grade teacher hugs her students. As you point out, young elementary students need that. Heck - we all could use more hugs.
     
  20. deanws

    deanws Former Member

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    I agree. The little ones were always running and falling, or sometimes even upset about something that happened on the bus with the big kids. It broke my heart to see them cry. :( I mean, am I the only one here who thinks that six year olds are still somewhat babies? We couldn't believe that the school district thought differently! :mad: I knew then and there, it was time to think about retiring! :bang:
     
  21. JBean

    JBean Retired WS Administrator

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    I agree SCM. If this happened to my child and it busted his eardrum I would defintiely sue. IF this was the cause and there are additional medical issues associated with it, I think this is in order.
    I mean what price do you put on some hearing loss? That's a biggy IMO.
     

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