I received the call at work in June. 

The attorney was cold and blunt. There wasn't any hope, sympathy, or much of anything in his voice.  This was business.  They spent money expecting a return and didn't get it. They didn't see any hope in getting it.  Sovereign immunity, conservative court, they would not hear my son's case against the school.

I left my desk and cried in the bathroom at work.  Something I have seen others do, but am unaccustomed to myself. 

My son suffered a traumatic brain injury in 2008. He also lost all of the hearing in his right ear.  A weight machine, which was unfastened and placed on a wrestling mat for student to use, collapsed on my son during gym class.  The instructor had left the room.   A student had to instruct other students to remove the machine from his head and to go get help.  The first teacher they found was the lunch lady.  Lucky for us, she was on the rescue squads at one time.

I really don't remember the drive from McHenry to Harvard. 

I do know a couple of things now that I did not know then. 
           The hospital had called "the code" indicating that this child being admitted into the emergency room was not expected to make it. 
            I also found out later, through the grapevine, from my husband's cousin, the coroner, that most folks don't survive a lateral skull fracture. 
            I didn't know any of this as they flew him from Harvard to Rockford.  I do know that two people from District 50 were there.  One of them, Lori Tobis, told me not to worry about the money, it wold be taken care of. 
             I now also know she lied.

The doctors at Rockford could only tell us to wait and see. 

Well, he did wake up -- after two days of intensive care and extensive prayers. He couldn't hear from his right side, he could barely walk, but all he wanted to do was tell the kids at school he was alright.

 I will never forget the call from the insurance company, I don't if Zach was even home from the hospital a full day.  It was someone I knew from Church.  It took me a minute to realize she wasn't calling out of concern. It was a business call. I felt sick to my stomach.

It took me almost 6 months to take this to an attorney.  I spoke with the Pastor at my Church.  I am not the suing type, but someone made me a promise in a hospital room, and they broke their promise to me.   My Pastor told me "There is such a thing as justice".   There is justice in the bible, but not in McHenry county or in School District 50. 

After 4 years, the court had decided they will not even hear the case.  Although other courts have heard other cases against schools that are negligent, they say our school is not negligent. The will not even listen to hear what happened to my son and to other kids in that weight room. They will not allow a jury of pears hear how inexperienced students, many who are minors, continue to move and set up the weight equipment. They will not hear how the teacher just left, not ever calling anyone else into his classroom. The case has been dismissed.

Although I received the call in May, I waited until after graduation to tell Zach.  I did not want him to get angry, like I did. Like everyone I know does when they realize a school does not have to be held accountable for the safety of its students and the actions of its volunteers and employees.

It was the morning of July 4th. We were all home. I quietly told him the court had decided we could not sue the school and handed him the one inch stack of papers.  "I'm sorry Zach."



"Mom, it's okay.  It's not your fault. It's stupid, but it's okay.  I just wish they would let it be heard.  If they heard what happened and they decided the school was not responsible, I would be okay with that.  This just sucks, but it's okay. "

Zach read the paperwork quietly. He looked up various words on the computer and look reviewed the documents. He can appeal this to a higher court if he could find someone to take the case and feel they could win. I believe he will take this to the law department at his college to get their opinion. He took it so much better than all of us adults -- including his own doctors, who were mortified that the school would not want to help Zach with his expenses from the accident. 

He took it like a strong young adult who understands the world is unfair, and unjust and that he can only do his best with what is given him.  As much as I cried when I heard the from the attorney, I now cry tears of pride when I think about all this young man has gone through, and how he will make it, no matter what.