We have a police timeline, medical reports and surveillance video from inside the middle school the day of the boy's collapse, and his family says they all prove negligence.
Dustin Chan's bookshelves and practice chair are the way he left them. The only thing different about his room are the stacks of pictures and the book of prayers his mother reaches for every night.
For Sheila Chan, the pain hasn't lessened. She lost her 12-year-old son on January 26.
"I miss him every single day. I cry everyday," she said.
The seventh grader collapsed from what his family says was cardiac arrest during P.E. at Dulles Middle School. The adult in charge of the class was an instructor from KickStart, a non-profit that teaches martial arts in more than 50 schools.
According to the lawsuit, Dustin's family just filed, the instructor thought he was faking injury and no one called 9-1-1 for 10 minutes.
"If he call 9-1-1 immediately and he assist Dustin during that time, he would be saved," Chan said.
Chan and her attorney shared the police timeline and time stamped surveillance video from the school they say is alarming.
The instructor told police he noticed Dustin on the floor at 3:16pm, yet a student didn't summon the nurse, as surveillance video shows, until almost 3:24pm. And though Dustin wasn't breathing when medical personnel arrived, no one did CPR or used a defibrillator.
"We have AEDs in public schools for a reason," Chan's attorney Lee Thweatt said.
KickStart did not respond to our numerous requests for comment.
Fort Bend ISD sent us this statement:
"The tragic loss of Dustin Chan on January 13, 2014, weighs heavily on the Fort Bend ISD Community, and the District extends its sincere condolences to the Chan family. While the District is aware of the lawsuit filed by the Chan family today against a third-party entity, it is not Fort Bend ISD's general practice to comment on pending litigation. Finally, because the lawsuit was filed today, Fort Bend ISD has not yet had sufficient time to investigate the claims as alleged in the lawsuit."
Shelia Chan wants someone to be accountable as her first Mother's Day without Dustin near.
"No family should go through that we go through right now," she said.
