Suit: Bias led to neglect
September 21, 2007
BY BEN LEFEBVRE Staff Writer
CHICAGO -- The mother of a child suffering brain injuries held a press conference with her lawyers Thursday, alleging an anti-immigrant atmosphere in Carpentersville led to paramedics' failure to transport her sick son to the hospital last year.
In a $30 million lawsuit filed in the U.S. District Court in Chicago on Thursday, Gloria Lopez, 28, formerly of Carpentersville, alleges the village government's often racially charged debate over illegal immigration created an atmosphere of discrimination against Hispanics and led paramedics to refuse to take her then 4-month-old son to the hospital last year.
"I'm not the one making it look like (discrimination)," said Ted Karavidas, the Chicago-based attorney representing Lopez as he stood outside the federal courthouse. "Carpentersville is. They tried to limit services to undocumented people, and they started doing that months before this incident came up. No matter what the paramedics think is going on, they must transport" someone suffering injury.
Village officials declined to comment on the allegations until they had seen the complaint.
According to the Karavidas, Lopez, a single mother with no other children, left her son Osbiel at home on Sept. 18, 2006, with an adult baby sitter while she went to work. Around 10:30 a.m., the suit alleges, the baby sitter called Carpentersville 911 complaining that the child was unresponsive and having difficulty breathing.
When paramedics Diane Graham and Martin Gruber arrived, the suit alleges, they saw that the child was vomiting and in distress but left the home after half an hour without taking Osbiel. Karavidas alleged they indicated to the baby sitter that the child was having ordinary stomach problems, and had her sign a form absolving them from responsibility for transporting the child to the hospital without explaining what the form was.
The baby sitter didn't speak or read English, Karavidas said, and attempts to call Lopez at the time were unsuccessful.
By the time the baby sitter called for a second team of paramedics a few hours later, the suit alleges, the child had suffered brain damage due to lack of oxygen.
Lopez said her child now requires 24-hour nursing care. She alleges Martin, Gruber and the Carpentersville government violated the civil rights of her son, a U.S. citizen, and committed willful negligence.
In September 2006, village trustees were discussing adopting the Illegal Alien Immigration Relief Act sponsored by Trustees Paul Humpfer and Judith Sigwalt. The proposal, now tabled, would penalize landlords and businesses that aid or abet illegal immigrants. It also would have designated English the official village language, a measure the board passed as a non-binding resolution in June.
At the press conference, however, representatives of immigration and Hispanic advocacy groups said they thought the illegal immigration debate in Carpentersville created a tension in the village they said might lead to bad decisions being made.
"I live in Carpentersville," said Carpentersville Community Alliance member Argelino Villagomez. "I can tell you, this used to be a peaceful place to live. But in the past year, they have turned this place into one of fear, paranoia and tragedy."
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