In a letter to Cy-Fair ISD on Monday, a well-known Houston lawyer said the family of a middle school student who passed away following what seemed to be an asthma attack during basketball practice last year is requesting monetary damages and policy reforms.
Before the family of 13-year-old Xavier Thompson files a lawsuit against the school system, Tony Buzbee’s law company sent a letter outlining a number of pre-suit demands and asking for mediation. The district is accused in Buzbee’s letter of not having the necessary safety protocols and training to properly handle medical emergencies like the one that involved Thompson.
According to Buzbee, Thompson started having serious respiratory problems on November 15, the day of his first basketball session of the season at Thornton Middle School. That day, the teen passed away.
According to Buzbee’s letter, “Xavier’s teammates have reported that he told his coach about his breathing difficulties, but the coach dismissively told him to stop playing around or just go get your inhaler.” After being told to retrieve his inhaler from the locker room, Xavier left the gym, but he was too weak to open his locker. When a teammate noticed Xavier collapsing, they immediately began calling for the coach’s assistance.
A number of emails and phone calls seeking comment Tuesday were not immediately answered by a representative for Cy-Fair ISD, which serves roughly 118,000 students northwest of Houston.
AEDs at Marshall Middle School were discovered to have parts that had expired months prior to the student’s passing.
According to Buzbee, the Thornton basketball coach tried to perform cardiopulmonary resuscitation on Thompson, but it was evident from all accounts that he was ill-equipped to do so. Additionally, the coach allegedly failed to assist Thompson in using his inhaler prior to the adolescent starting to seize.
The letter claims that instead of calling 911 right away, the unidentified coach first called Thompson’s father.
According to Buzbee’s letter, this inability to respond appropriately and be ready to manage medical problems in a basic life-threatening situation—especially one as predictable as Xavier’s—reflects a systemic disregard for fundamental safety obligations. Xavier’s death was caused by the absence of clear-cut, uncomplicated policies and procedures.
The Harris County medical examiner’s office has not yet disclosed Thompson’s cause of death as of Tuesday.
According to Buzbee, classmates organized a memorial service for Thompson after his passing and characterized the teenager as vibrant and well-liked by his peers.
According to Houston TV station ABC13, aside from a letter given to the families of Thornton Middle School last year, the school district seemed relatively silent about the incident in the days following Thompson’s death.
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In his letter, Buzbee said that the day after Thompson’s death, the school principal brought his items to his family’s house in a black trash bag, an action that the family (not surprisingly) found callous and inconsiderate.
Buzbee added in the letter that the school has not given his family any pertinent information about what transpired since Xavier’s passing. Nobody from Cy-Fair ISD has gotten in touch with the family to offer condolences, explain what happened, or submit an incident report, as is required per school rules. The family has been forced to rely on information that has been cobbled together by Xavier’s friends and teammates.
Willis and Brittany Thompson, Thompson’s parents, have asked for several policy changes, including requiring all Cy-Fair ISD teachers, coaches, and other school personnel to undergo CPR training, earn the appropriate certification, and have that certification validated at the beginning of every school year.
Additionally, Buzbee’s letter asks a district designee to set up a mediation by contacting the office of his law firm within two weeks. “If a response is not received by February 7th, the firm will consider an alternative approach,” he added.
Buzbee stated in the letter that it is imperative that this not occur again and that Xavier Thompson’s death was not in vain. Something has to change.
