September 28, 2017

Mother of boy who had seizure when driver allegedly held him on school bus to sue city for $5M

The mother of a boy who had an epileptic seizure on a school bus after the driver allegedly refused to let him off is planning to sue the city for $5 million.

Donmarie Birch is filing a notice of claim against the city, the Department of Education and the unidentified bus driver for their alleged negligence on the afternoon of Sept. 8 — her son Delon Fraser’s second day of school.

She said her son’s health has gotten worse since the traumatic event.

“I took Delon to the neurologist today and she measured the data in the pacemaker and it shows that his seizures are getting worse,” Birch told the Daily News on Wednesday.

But the driver allegedly wouldn’t release the fourth-grader to his mother amid a dispute over identification. From 3:10 p.m. until approximately 4 p.m., Birch and her mother argued with the driver, even though they say they showed proper ID.

Delon, who can’t be in a closed space for longer than 45 minutes without air conditioning, warned his mom through the school bus window that a seizure was on its way.

A frantic Birch pulled out her cell phone and began recording. Delon was not in a seat belt and other special needs students were on board during the entire ordeal, according to the brief video.

“I don’t want anything like this to ever happen to anyone else. My son is still traumatized about school buses,” said Birch, 34.