SAIGH LAW, P.L.L.C.

courtesy of dailyclipart.net

When a 16 year old Connecticut high school student fell asleep in class his math teacher smacked her palm down on his desk to wake him up and this he says caused substantial hearing loss. His parents are now planning to sue Danbury High School, the Connecticut Board of Education and the city of Danbury on his behalf after their son experienced an almost complete loss of hearing.

Vinicios Robacher’s father, Soel Robacher, claims that his son’s left ear was resting on his desk on Dec. 4 when math teacher Melissa Nadeau slammed her hand down so hard that his eardrum burst. The boy has since been through extensive medical treatments with ear, nose and throat specialists and could require surgery to fully rectify the damage, according to court documents. Since then some of his hearing has been restored, although further treatment was recommended by specialists.

Alan Barry of Alan Barry & Associates, the lawyer representing the Robachers, said a complaint has been filed with the city and that a claim is being investigated and a suit would follow. Barry said he wants to know Nadeau’s complete teaching history and is prepared to fight to gain access to her personnel records.

“We don’t have all the facts and we don’t have are a complete analysis of the medical condition. There is no question, however, about what happened and the damage to this child’s hearing.”
-Attorney for Sleeping Student

Barry said the boy’s ear hurt instantly after Nadeau hit his desk.

“He woke up and immediately felt pain in his ear,” said the Attorney “I think he was so taken aback that he didn’t say anything at the time.”

The next day his parents took him to the hospital after he complained of hearing loss and they discovered bloody fluids on his pillow. The case has drawn its share of ridicule and bad publicity, and the Robachers’ lawyer said students have been teasing the student at school. The parents, though, are undeterred in their aim to pursue the matter legally and considering transferring their son to a private school, their Attorney said in press conferences.

“There has been a certain amount of negative backlash for making this claim,” Barry said. “I fully expected it and I really understand that. What’s a little bit disturbing is the fact that nobody’s saying if you fall asleep in class, it’s OK for your hearing to be damaged.”

Barry filed the documents with the Danbury City Clerk on Feb. 25.

He said he is getting no compensation for representing the Robachers and will get paid only if a lawsuit is filed and won. He’ll get one-third of the amount of a settlement or damages.

Read More:
Fox News “Sleepy Student Claims Teacher’s Wake-Up Slam Caused Hearing Loss”
Topix “Danbury Faces Lawsuit for Waking Sleeping Student”