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Newspaper attorney says law requires disclosure

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Posted: Friday, February 27, 2009 10:00 pm

The Lodi Unified School District has refused to release a figure on how much it settled out of court with a former Lodi High School student who was resuscitated after suffering cardiac arrest during physical education class.

The action came less than a week before the jury trial was set to begin and two years after Adam Kloose sued the district and Medtronic, Inc., the manufacturer of the heart defibrillator used by school staff. Kloose claimed in the suit filed in San Joaquin County that a faulty machine caused him brain damage.

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Welcome to the discussion.


  • posted at 6:15 am on Mon, Mar 2, 2009.


    I'm saddened to learn that an AED that MAY have improved Adam's outcome, failed because it had not been properly maintained. Given that Sudden Cardiac Arrest (SCA) claims 350,000 lives each year, in the US, and that there's only a 5% survival rate, this kid was pretty lucky to have only minor cognitive deficits. A victim must be defibrillated within 4 minutes of an attack before lack of oxygen causes the brain to die (effective CPR could have also changed his outcome). Given that 20% of the U.S. population is on a school campus at any given time, we hope that more schools would implement AED programs. However, there are no laws in California, as in several Eastern states, that require schools to have AEDs. Lodi High had one voluntarily. I've had schools refuse free AEDs and CPR training due to liabilty concerns. This unfortunate lawsuit can only reinforce their reluctance. I am further saddened that the family chose to place more undue financial hardship on the already strapped school budgets, impacting quality programs for all students. Given the far-reaching effects of their decisions, I only wish Adam and his family could see beyond their own circumstance.

  • posted at 6:11 pm on Sun, Mar 1, 2009.


    It's very important to make sure this kind of emergency equipment is in good order. I can think of quite a few things to eliminate in order to make sure the time and funds are available to ensure this kind of safety/emergency equipment works when needed the most. It's about priorities.

  • posted at 6:10 pm on Sun, Mar 1, 2009.


    It's very important to make sure this kind of emergency equipment is in good order. I can think of quite a few things to eliminate in order to make sure the time and funds are available to ensure this kind of safety/emergency equipment. It's about priorities.

  • posted at 5:53 pm on Sun, Mar 1, 2009.


    Hmmmm, a little memory loss or death? I think this young man and his family are ungrateful and selfish and should be ashamed of themselves. Had no ont done anything their son would be dead. Some people want free money and they IMO are no different.

  • posted at 4:53 pm on Sun, Mar 1, 2009.


    I understand where some of you are coming from, but honestly, this wasn't about someone being "sue happy." I've known Adam personally for many many years. He really did lose memory, just because he's goes to college now, doesn't mean this isn't true. The first time I saw him after this happened, he didn't even remember a lot of the people I was with, which he used to be friends with when he went to Tokay, before transferring to Lodi. He didn't remember certain events that happened, when him and I dated, things about stuff we did with friends. It was so sad and heartbreaking to see that happen to him. If that would've happened to me or someone in my family, da** right I would be suing! LUSD should've been monitoring that dang machine. There is NO reason to NOT have it serviced. Especially with all the games and events they have going on all the time at that school! And each and everyone of you know that if that was you or someone in your family, you'd be doing the SAME thing!

  • posted at 10:41 am on Sun, Mar 1, 2009.


    The reference to people being wronged was meant as a general reference to law suits. As far as the Kloose family feeling wronged and any deficits that Adam Kloose may have or have had as of a result of the accident, I cannot weigh in on this with any knowledge. Was this lawsuit frivolous? It is difficult for anyone, myself included, to know with the limited knowledge about Adam's condition to know if that is the case. I spoke to him before the incident as well as soon after, I have an opinion but, I'm not an MD or psychologist and am not arrogant enough to make a diagnosis. Read carefully, my previous post. I guess I'm suggesting that not all lawsuits are automatically wrong, and that unless one is put in this type of situation, one cannot assume to know or understand all of the facts. Are attorneys sharks who make our society too litigious? Yes. Do High school students, parents, and society seem to whine too much and fail to take responsibility for their actions? Yes. Should we all understand that sometimes "Stuff" happens? Yes.

  • posted at 8:28 am on Sun, Mar 1, 2009.


    sorry LHS teach you are wrong no one was wronged so there should be no lawsuit. The Kloose family is just being greedy end of story.

  • posted at 7:09 am on Sun, Mar 1, 2009.


    Let's all stick to the topic of litigation and disclosure.As a person who was intimately involved with this incident, I can understand the Kloose family's sense of loss. As far as the silly comments about letting people die, I can say that we would, of course, handle a situation of this sort in much the same way, if it were to happen again. No one will know if the final outcome (any brain injury that MAY exist) would have been different, had the AED performed as designed.When commenting, be mindful that caring professional people at LHS as well as the Kloose family were affected greatly by this incident. School staff continue to put the health and safety of our students as our highest priority. It is unfortunate that we live in this litigious society, however, there should be a remedy if people are wronged. If the AED machines are maintained on a regular basis then this litigation will not be a total waste. It is unfortunate that it took the event at LHS and the subsequent litigation to cause this positive change. I'm pleased this is over.

  • posted at 3:53 am on Sun, Mar 1, 2009.


    no matter how many posts go up here everyone really knows the only way to prevent this in the future is to let him die. No one will ever be able to totally eleminate the danger from some freak thing to kill them, no matter how many high tech machines they keep at the school. What are we going to have an entire hospital emergency room at every school? This is a joke and if they would have just let nature take its course we would all have forgotten this story by now. God these lawsuits are going to ruin this country.

  • posted at 2:15 pm on Sat, Feb 28, 2009.


    Cont'd: Part 3 of the Williams Act requires the following:"A condition poses an emergency or urgent threat to the health or safety of students or staff.Emergency or urgent threat means structures or systems that are in a condition that poses a threat to the health and safety of students or staff while at school, including but not limited to gas leaks; nonfunctioning heating, ventilation, fire sprinklers, or air-conditioning systems; electrical power failure; major sewer stoppage; major pest or vermin infestation; broken windows or exterior doors or gates that will not lock and that pose a security risk; abatement of hazardous materials previously undiscovered that pose an immediate threat to students or staff; or structural damage creating a hazardous or uninhabitable condition. (Education Code 17592.72).Do we spend $100k/year to count books under part 1 of the Williams Act, or spend $30k/year to check the other issues listed above? Its the Superintendent's CHOICE!

  • posted at 2:09 pm on Sat, Feb 28, 2009.


    Whoa Nellie! Lets put this in context? Currently the LUSD as one adminsitrator at over $100,000/year who literally counts textbooks. The pretext for the job is the "Williams Act". The county Office of Edumacation also has the exact same function with textbook counters making ,more than $120K/year.A technician at $30k/year to assure that Fire extinguishers and other safety devices like AED's are functioning or $100k/year to count textbooks.

  • posted at 11:23 am on Sat, Feb 28, 2009.


    OK, we all agree that the machine should have regular tests and maintanence.Now, let me play devil's advocate. Who is going to perform these tests? An LUSD employee who would need to be trained and go from school to school to do her/his job. Or an outside contractor?Either way most of you bloggers would BBQ the district for the "waste of money."

  • posted at 11:14 am on Sat, Feb 28, 2009.


    SJune74I dont think anyone is judging this young man, but he is alive. Should LHS inspected their AED's, any idiot could answer that question. But this young man is obviously doing well if he is currently in college.

  • posted at 10:24 am on Sat, Feb 28, 2009.


    What have people to judge others, what if this was your child???He may never be able to back to his normal state of mind!!!Just pray you never have to go thru anything like this.

  • posted at 7:08 am on Sat, Feb 28, 2009.


    Is our society too litigious? Yes. Do some lawsuits (maybe most lawsuits)have legal and practical merit? Yes.Lawsuits are filed against school districts [most of the time] because the District or the School has been found to be negligent in some way. I would assume that there is a standard of care that [would assume] administrators should change out the batteries in defibullators on a regular basis. To do less, would unnecessarily put our children at risk; why would you buy a defibullator unless you thought it had the potiential for being used in an emergency. It seems to me, defibullators and emergencies go together hand-and-glove, do they not?What I have seen of L.U.S.D.'s administrors is that they are overpaid and under qualified. They are more concerned about their next paycheck than the welfare of our children. This attitude combined with breath taking stupidity is easily translated into legal actions for negligence and thereafter millions in costs to defend and payoff; a lawyer's wetdream.L.U.S.D. has been named in over forty seperate lawsuits in the last couple of years and the cost to defend and indemnify those lawsuits have been astronomical.

  • posted at 5:42 am on Sat, Feb 28, 2009.


    Well I do agree with HappyDays that the AED should have been put into a monthly check like the fire extinguishers, but what if something else failed on the machine would they still be suing the school. Seems to me the school would be wise just to not have the AED's then no problem. Its a shame its come to this.

  • posted at 5:07 am on Sat, Feb 28, 2009.


    Ok, lots of sue happy people I TOTALLY agree, but don't you think that LUSD should have some sort of liability in this situation. What if there was a fire in a classroom and the fire extinguisher wasn't maintained? Who is to blame? If the machine had been maintained would we even be talking about this? And by the way do any of you know Adam? Not a punk!!

  • posted at 4:23 am on Sat, Feb 28, 2009.


    LUSD doesn't want to disclose how much they settled for because then all the other ambulance chasers will have a number to shoot for.

  • posted at 4:09 am on Sat, Feb 28, 2009.


    I Hear Billy Bob Thornton Will Play Kloose In The "Made 4 TV" Movie, Get The "French Fried Taters" Ready.

  • posted at 2:23 am on Sat, Feb 28, 2009.


    What have we here, three pinnacles of the community, especially one t Jefferson (ungrateful punk) What about failure to maintain cant penetrate your Cranium??My,my Lodi should be proud!!!

  • posted at 12:38 am on Sat, Feb 28, 2009.


    it obvious the student has brain damage, he is going to Fresno State.

  • posted at 12:30 am on Sat, Feb 28, 2009.


    Lodijoe, it's either that or Shakespeare was right and first thing we have to do is get rid of all the lawyers. I think you are more likely to be right though. I can see the memo now. If someone is dying don't help call 911 and watch them die. Ungrateful punk.

  • posted at 11:23 pm on Fri, Feb 27, 2009.


    Ok, lesson learned. Next time let the student die of cardiac arrest. It is unbelievable to me how litigious this society has become. Sue, sue, sue. It has become a lifestyle and a very lucrative source of income.

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