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A serving of cottage cheese in kindergarten could have cost a child his life. This is what he told LNK Rasa Jaškevičien dijo from Vilnius, who is raising three children. The incident took place in a private kindergarten “Kindergarten”, when the boy was taken out of the kindergarten and returned home, he began to suffocate.
“We ended up in the Santara clinics and the boy was diagnosed with anaphylactic shock and hospitalized. And without adequate help, the forensic expert estimated that this crash could even lead to death, ”said the boy’s mother.
A serious allergic reaction has occurred due to an allergy to milk and eggs. The kindergarten was informed about allergies. The Vilnius family paid more for the individual menu. The woman says that on the decisive day, the educator only pushed to admit what happened, and at that moment, the one-and-a-half-year-old boy was left paralyzed in plain sight.
“We didn’t have a dedicated adrenaline syringe at the time because we didn’t know what it could be. It wasn’t the first time they told me they ate cottage cheese. It was said that they had been given porridge without being able to specify what the porridge was and only really pressing the educator and telling her that it was necessary for me to tell the doctor what products they had received.- stated R. Jaškevičienė.
The incident occurred in October 2019, but everything came to light only now, after the court ruling.
“At the time of the incident, the child had a very strong allergic reaction to a certain food, which was considered a minor health problem. Consequently, the court ruled that the child had suffered certain spiritual experiences, physical pain, discomfort and the The court assessed the non-pecuniary damage caused to the minor in the amount of 3,000 euros, ”said Gintarė Vosyliūtė, representative of the Vilnius City District Court.
However, the first to go to court was not the family, but the kindergarten itself.
“The family in question is in debt to our company, they haven’t paid for a long time. In other words, we simply had no choice but to go through a large number of appeals, in addition to going to court for debt recovery. And it was after this event that we, as a company, received a lawsuit against which the history of 2 years ago is analyzed ”, said Rita Meilūnaitė, Communication Manager of Vaikystės sodo.
Even if a 2-year story is analyzed, the kindergarten admits its mistake. It is said that a human error has occurred, food boxes have been confused, this situation is very painful for the nursery.
“After this event, we reviewed all our procedures, discussed everything with the staff, adjusted all the conditions to prevent similar events from happening again. We also contacted a specific family, reached an agreement, signed it, and compensated for the damage suffered. for this family. Another thing the family probably forgot to mention is that they have also received an insurance benefit, “said R. Meilūnait about the event.
According to the interlocutor, the total compensation of the nursery with the insurance provision amounted to 747 euros. The child did not attend kindergarten for 2 days, after which the child returned and continued attending kindergarten until March 2020.
According to the representative of the kindergarten, such behavior indicated acceptance of the agreement. Now the body does not agree with the compensation awarded.
“The reasons are not clear, the arguments are contradictory. Therefore, we decided to appeal this decision, ”explained the kindergarten representative.
The family’s debt arose after the quarantine brought education into a virtual space.
“The average cost of caring for three children is about 1,500 euros,” said the child’s mother, R. Jaškevičienė.
But even when the children had to pay for kindergarten at home, the amount was reduced by 15 percent.
“We always suspend payments in March, having always paid the bills until then. And when the organization terminated the contract with us, we saw a reason for them to reimburse us for the entrance fee. And the bill that was the last one is equal to the tax refund for children 3. So, we do not feel indebted to the organization, “he explained.
The kindergarten says the contracts were terminated due to an alleged lack of communication.
“The family was very disrespectful, especially insulting, when communicating about these economic conditions. He used uncensored words, ”said R. Meilūnaitė, communication manager for the Childhood Garden.
Still, the court sided with the family on this side. It was decided that the contracts with the family were illegally terminated. The family also receives the entrance fee, the lawyer considers such a decision a victory.
“It is worth rejoicing that the court has actually assessed such actions by the Childhood Garden as obviously a duty of care violation,” said LNK attorney Marius Barisevičius.
The family and their lawyer hope that such a court decision will encourage other institutions to adequately care for allergic minors, because even a mistake can cost a life.
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