Cornwall Y camp in $41.7 million Lyme disease court suit

CORNWALL — The family of a young woman from New York City has filed a lawsuit in federal court against YMCA Camp Mohawk in Cornwall and Goshen, claiming the camp was negligent in its care of her and that as a result she contracted a particularly damaging case of Lyme disease. The case will be heard at U.S. District Court in Bridgeport. The lawyer representing Ariana Sierzputowski, 17, and her family is Antonio Ponvert III of the Bridgeport firm of Koskoff Koskoff and Bieder of Bridgeport. Ponvert is also the attorney who represented Kara Munn in a case that was tried in U.S. District Court in Bridgeport in April of this year. Munn, a New York City resident, was a student at The Hotchkiss School in Lakeville who was bit by a tick while on a school trip to China. She contracted encephalitis from the bite and could have permanent brain injuries. The jury awarded Munn $41.7 million for economic and noneconomic damages. Hotchkiss plans to appeal the verdict but has not yet filed the appeal. Ponvert is asking for the same amount of money for Ariana Sierzputowski. In a phone interview on Oct. 21, he said that he had originally asked for just under $10 million in damages in the Munn case; it was the jury that decided to award her $41.7 million. For this case, because a precedent has been set, Ponvert is asking the same amount. It will be up to the jury to decide on the total. Ponvert said that the case is likely to go to trial in about two months. He also said that, coincidentally, the same judge who heard the Munn case (Judge Stefan Underhill) has been selected to hear the Sierzputowski case.The case is being filed specifically against YMCA Camp Mohawk and not against the national YMCA, Ponvert said. An unidentified representative from the camp said on the phone last week that they would offer no comment at this time. It is being heard in federal court because it involves a New York state resident suing a Connecticut company.Were symptoms ignored?Sierzputowski attended Camp Mohawk in 2011, when she was 14 years old. The camp had promised in a Parent Information Handbook that all children at the camp are examined daily for “rashes, infected bug bites, sores or other unusual skin conditions” and that campers would be reminded regularly to apply bug lotion and take precautions such as wearing long sleeves and pants and tucking their pants into their socks. According to the suit, the camp did not “comply with these Lyme disease precautions.” At some point while she was at the camp, Sierzputowski was bit by a tick and began to experience symptoms including headaches, fever, dizziness, fatigue and joint pain.“She presented with classic Lyme disease symptoms,”Ponvert said. “In Litchfield County in summer, when you present with headache, fever, chills, Lyme is the first likely disease you think of. Instead, the camp nurses gave her aspirin and told her to go take a nap.”Sierzputowski returned for what her attorney says are 10 visits to the infirmary (only about half of which were documented by the nursing staff) but she was not “referred to a competent and qualified medical practitioner for immediate care, treatment and advice,” according to the lawsuit. Sierzputowski also allegedly told her two cabin counselors about her symptoms but they didn’t suggest seeking a doctor’s advice. The girl’s parents claim that no one from the camp called to let them know about her symptomsOngoing symptomsAfter leaving camp she was diagnosed with and treated for Lyme disease but she has never fully recovered, according to the suit, and she continues to suffer from more than 30 symptoms listed in the suit, including difficulty breathing, headaches, pain and inflammation, palpitations, dizziness and cognitive impairment. “Her symptoms show no signs of getting better,” her attorney said. “In many cases, they are showing signs of getting worse.”In addition to antibiotics, which have not cured her, she has tried alternative therapies and medications.Sierzputowski missed 52 days of her 10th-grade year at school and 45 days of her 11th-grade year, according to the lawsuit. She is being tutored at home for her senior year in high school.Photographic evidencePonvert said he has a piece of evidence that proves the camp did not follow through on its promises to carefully monitor the youngsters for evidence of tick bites.While Sierzputowski was at camp, a friend took a photo of her with a cell phone, according to Ponvert. “The photo shows a tick on her arm,” Ponvert said. “According to my expert, who is a world-renowned expert on ticks and Lyme disease, it is more likely than not an engorged and attached deer tick nymph. “We don’t know if that tick is the tick that infected her, but we do know that a tick was attached to her when the counselors were supposed to be examining her and when she went to the infirmary to get medical care.“The professionals who, for a fee, agreed to take care and custody of this minor child didn’t even see that there was an attached tick.”Seeking changeWhen asked if he anticipates representing other plaintiffs such as Sierzputowski and Munn, Ponvert said, “The best case would be if I were suddenly out of business because these organizations, who have custody of other people’s children, would take the precautions they need to take and no one got sick.“If a YMCA camp does all that they can and the child still gets Lyme disease, there isn’t a lawsuit. Sometimes you can do the right thing and people get the disease anyway. I hope that because of this case and the Munn lawsuit, that people will take notice and implement stricter safety precautions and do everything in their power to be sure kids don’t get Lyme.”

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