Family blames school for child's death

[Idnew]

What do you think about this lawsuit? May 26, 2005 — Casey Fish died six years ago after playing a game called "chubby bunny" in her sixth grade classroom. Thursday, the lawsuit filed by her family went to trial. The 12-year-old suffocated on a marshmallow used in the "chubby bunny" game Full Story (http://abclocal.go.com/wls/news/052605_ns_chubby_bunny.html) On the news this morning it said she died about 1/2 hour after arriving at the hospital. I'm having a problem understanding this, because surly if she was choking something could have been done

[RubberDucky]

The link's dead, but I'm guessing the suit was for negligence on the part of the teacher for allowing the game to be played.

Most likely it settled out of court.

[~wildangel~]

A chubby bunny game? Sad story, how would the teacher not see this child choking, that's really weird and yeah if she was choking obviously someone could have helped her right? Like an ambulence? :idea Or a marshmellow really can kill you instantly i don';t know

Sad to hear these kinds of stories :(

[RosieWolf]

hate to admit ignorance here, but what is a 'chubby bunny' game????

i didn't play many games when i was young.. i had a mean older sister who wouldnt allow me to have birthdays or anything.. (snicker). She used to cut my birthdate out of all the calendars until i was 6 and she left home and i finally found out i DID have a birthday!!!!

[Idnew]

May 26, 2005 - Casey Fish died six years ago after playing a game called "chubby bunny" in her sixth grade classroom. Thursday, the lawsuit filed by her family went to trial. The 12-year-old suffocated on a marshmallow used in the "chubby bunny" game.

Fish was excited about playing the game. She was excited about the day a school, and she was described in court Thursday as well-liked and well-respected.
Thursday afternoon in court, we heard from one of her teachers, as well as a paramedic, who described how this excited young girl ended up on the floor and unresponsive. Ultimately, it will be up to jurors to decide whether the school and the teachers did everything they could to help the sixth grader. Or were they perhaps negligent?

The teacher in whose classroom Casey Fish had trouble breathing arrived for the first day of the trial at the Daley Center. The father of Casey Fish was also in court. John and Therese Fish are suing the teacher, Kevin Dorken, and the Glenview School District 34 for the death of their daughter, sixth grader Casey Fish. The Fish's attorney said in opening statements that the teacher and school failed to adequately supervise Casey.

"When Casey started to have distress, there was no teacher, no nurse, no health coordinator, no faculty member, no principal, no adult present who could jump in before it was too late. By the time they did eventually respond, Casey died," said Francis Patrick Murphy, family's attorney.

Casey Fish was a student at Hoffman school in 1999. She was playing a game called "chubby bunny" as teacher Dorken stepped out of the classroom. "Chubby bunny" is a game where the child puts marshmallows in his or her mouth, puffing out the cheeks, and tries to say "chubby bunny." Casey was playing the game when she ran into trouble. Students alerted teachers in nearby classrooms, and paramedics were called, but she died at a nearby hospital about half hour later.

One of the teachers testified Thursday that she came from a different classroom to find the school's health coordinator with Casey. She said there was a white substance coming from her nose and mouth.

Paramedic Michael Pauley testified that he was surprised because he did not find any marshmallow blocking her throat, and he could not understand why they couldn't get her to breathe.

The attorney for the school district said in opening statements that the entire staff has been "deeply affected by the death of Casey Fish." He also stated that the staff at the school was consciously concerned about safety.

The school district's attorney declined to comment on camera, but he did allude to something interesting in his opening statement. He alluded to a possible other cause for Casey's death. He said that he might be discussing that later on in the trial.

Kevin Dorken, the teacher named in the suit, was recently named the principal of a school in Winnetka. Some parents from that elementary school are criticizing the decision. But earlier this week, the superintendent of Winnetka Elementary District 36 sent out a letter to parents, in part saying, "After exploring manager references, I believe strongly that Kevin has good judgment and is the best principal for this school." At some point, Dorken is expected to testify in this trial.

Testimony continues Friday.

i had a mean older sister who wouldnt allow me to have birthdays or anything:whistle :nah

[Idnew]

June 2, 2005 - A suburban family whose daughter choked to death on marshmallows while playing a classroom game called "chubby bunny" received a $2 million settlement Thursday. The Fish family says its suit was never about money, but to make sure dangerous games are not played in school.

The trial was only half-way through. Had the Fish family waited for a jury's verdict they may have received more money, but that wasn't why they put their family through years of litigation. They say they wanted attention to warn other families about this game, and Thursday, they did just that.
The Fish family endured six painful years waiting for this moment.

"It just gives me a sense of closure knowing that we won for her," said Shannon Fish, sister.

Glenview School District 34 agreed Thursday to pay the family $2 million to settle a lawsuit.

"There would have been no winners had this case gone to the end in my view, regardless of how it turned out. So this is the best result for all," said Tom DiCianni, attorney.

"I don't want anyone to go through my pain everyday of my life," said Terry Fish, mother.

The Fish family sued the district and teacher Kevin Dorken for the death of Casey Fish. Casey was a smart, thoughtful 12-year-old in 1999. But she choked and died while playing a game with friends at Hoffman School in Glenview. The game was "chubby bunny," where kids compete to put marshmallows in their mouths and try to say "chubby bunny." Before the settlement, John Fish had testified and his surviving daughter was prepared to testify about her big sister.

Shannon was 9 when Casey died. Brother Michael was just 4. As Shannon finishes her freshman year of high school, she says she was often reminded this year that if Casey had survived she would have been a senior.

Keeping other kids safe has been a motivation for the Fish family. Now they hope their work is done.

"We have tried for the last six years to warn as many people as possible, and hopefully the publicity from the end of this will help us do that," said John Fish.

Casey's old school and all of the schools in that district stopped playing "chubby bunny." A spokesman for the Glenview School District says the settlement is not an admission of guilt. He calls Casey's a tragic accident. Casey's mom and brother did not want to be interviewed. They were at a baseball game. Despite the time and energy the family has put into the lawsuit, they are eager to try to return to some sort of a routine.