Parents of Fallen Seaford HS Student Filing Suit Against District

The parents of a Seaford High School student who died while on a class trip to Southern California in mid February announced Monday afternoon that they will be filing suit against the Seaford School District arguing that their “negligence” led to his death.

Seaford High School sophomore Joseph Tutaj died unexpectedly on Feb. 19 while on a band trip to Disney Land at Ronald Reagan UCLA Medical Center in Los Angeles of invasive streptococcal infection.

Attorney Jack Grossman, who has been retained by Robert and Eileen Tutaj to represent their interests with regards to their son’s tragic death, said during a press conference late Monday afternoon in East Garden City that legal action will be commenced shortly against the Seaford School District. Grossman said that Tutaj, 15, was running a temperature between 102 and 105 but was still taken to Disney Land and Six Flags Great Adventure with the other students on the trip and observed at medical facilities at those theme parks rather than transported immediately to a hospital. He said if a throat culture had been done quickly to determine Tutaj had a strep infection, antibiotics could have been prescribed that could have prevented his death, which occurred within 24 hours of arriving at the hospital. 

“If Joseph had been provided with medical treatments sooner, it is very likely he would have been placed on antibiotics, which would have saved his life,” said Grossman, who is with the law firm Mallilo & Grossman in Flushing, Queens. “For that reason, someone must be held accountable for what happened to Joseph Tutaj.

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Grossman added that in addition to filing a notice of claim against the Seaford School District for an undetermined amount of money, a medical malpractice suit also may also be brought against healthcare providers at Disney Land and Six Flags.

Tutaj’s parents joined Grossman at Monday’s press conference and spoke emotionally about how hard it has been for them since the death of their son. The Tutajs have also been displaced from their Seaford Harbor home since Superstorm Sandy struck in late October and living temporarily in Bethpage. Robert Tutaj is also in the midst of a battle with stage 4 cancer.

“My son should be coming home from school now having a catch with me,” said Robert Tutaj as he fought back tears. “It is a travesty that he was dragged around to these places and that the itinerary of the trip seemed to be more important than his well-being.”

Eileen Tutaj said there were eight chaperones for the 80 students on the band trip. Students on the trip will be interviewed to find out what kind of care Tutaj was given once it was determined he was running a high fever, Grossman said. 

Seaford Superintendent Brian Conboy responded to news of news of pending legal action against the district by saying, “Joseph’s death was shocking and tragic for his family and the community, but we are confident that when the facts are examined, it will determine that he was given proper care.”

Grossman said in addition to seeking financial compensation, the Tutajs are also hopeful their legal action will help prevent similar tragedies from occurring on future school-sponsored trips.

“No sum of money will bring their son back, but at the very least it will help alleviate the financial burden on this family in the future and give them one less thing to worry about,” Grossman said. “A legal action will hold those who could have prevented Joseph’s death accountable for what they did, or failed to do.”