Parents Claim Child's IEP was Ignored Leading to the Student's Death: Estate of Kody Townsend v. CPS

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The parents of 10-year-old Kody Townsend have sued the public school system in Cook County Circuit Court (Case No. 2025L007034), alleging the school's staff ignored their son's seizure-care plans, left him unsupervised at lunch, and mishandled the resulting medical emergency, causing his death.

Estate of Kody Townsend v. Board of Education of the City of Chicago

Court: Cook County, Illinois Circuit Court

Case No.: 2025L007034

The Plaintiffs: Townsend v. Board of Education of the City of Chicago (Chicago Public Schools)

The Estate of Kody Townsend, through parents Travis Townsend and Lakeisha Jones-Townsend, seeks damages for wrongful death. Kody had Lennox-Gastaut seizure disorder and developmental delays; his Individualized Education Program (IEP) and Seizure Action Plan required constant adult supervision (especially while eating), and included step-by-step emergency protocols.

The Defendant: Townsend v. Chicago Public Schools

The defendant, Chicago Public Schools, operates Henry R. Clissold Elementary, where Kody was enrolled as a student. The lawsuit contends district employees willfully ignored written medical directives and then failed to provide (or relay to paramedics) the care specified in those directives.

The Case: Townsend v. Chicago Public Schools

The Townsend family listed claims of negligence and wrongful death based on willful and wanton misconduct. They also included more details regarding their key allegations, including:

  • Unsupervised Meal: On Oct 18, 2024, Kody ate without the required one-to-one monitor as specified in his IEP, suffered a seizure, choked on food, and went into cardiac arrest.

  • 9 Minute Delay: Staff waited about nine minutes before attempting the first seizure-response step; when that failed, they neither advanced to the next step nor called 911 promptly.

  • Airway Oversight: Staff failed to inform arriving EMS that Kody's airway was obstructed, resulting in a delay in life-saving care.

  • Known Risk: Personnel were fully aware (from the IEP and Seizure Action Plan) of Kody's heightened danger during meals, yet disregarded those documents.

The wrongful death lawsuit seeks compensatory damages and systemic changes to enforce IEP compliance throughout the district.

The Main Question: Townsend v. Chicago Public Schools

Did Chicago Public Schools act with reckless disregard by ignoring Kody Townsend's documented need for meal-time supervision and by failing to follow or communicate seizure protocols, thereby causing his fatal cardiac arrest?

FAQ: Townsend v. Chicago Public Schools

Q: What specific protections did Kody's IEP and Seizure Action Plan mandate?

A: Continuous adult supervision during meals, step-wise seizure-response procedures (two distinct interventions), and immediate EMS notification if the first step failed.

Q: How long did the staff wait before taking action?

A: The complaint says approximately nine minutes elapsed before any seizure protocol was attempted, well beyond best-practice response times for airway obstruction and seizures.

Q: Why is failure to tell EMS about the blocked airway significant?

A: Clearing the airway is the first priority in this type of medical emergency. Failing to advise paramedics that an airway is blocked risks wasting critical minutes on ineffective interventions.

Q: The parents claimed "willful and wanton" misconduct; what standard must be met to prove this type of claim?

A: To prove a "willful and wanton" misconduct claim, they must show that the school staff knew about Kody's health risks, and consciously disregarded the information. If the plaintiffs can prove the school staff knew and disregarded Kody's condition/associated health risks, it becomes more than merely an act of negligence.

Q: Could this lawsuit lead to broader policy changes?

A: Yes. Wrongful-death suits often push districts to tighten IEP enforcement, retrain staff on medical plans, and adopt stricter emergency-response protocols.

If you have questions about filing a California wrongful death lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Knowledgeable wrongful death attorneys are ready to help in various law firm offices in Riverside, San Francisco, Sacramento, San Diego, Los Angeles, and Chicago.