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Jury Awards $4 Million To Teen Injured At School

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TBO.com staff report

Published: October 22, 2007

Updated: 10/22/2007 04:35 pm

TAMPA - A 16-year-old Tampa boy, who suffered permanent damage in his arm during a recess period, and his parents were awarded $4 million by a Hillsborough County jury on Monday afternoon.

Danny Heidenberg, and his parents Howard Heidenberg and Sandra Goodman, received the verdict in their suit against the Hillel School, a Jewish school, of Tampa.

The verdict arrives at a time when schools and lawmakers are trying to curb bullying and school violence.

The family claimed that, as a result of a schoolyard football game in which the ball is thrown up and the person catching it is tackled, Danny Heidenberg had his left arm broke. They also claimed that there was no supervision and the jury agreed.

Heidenberg was 12 at the time when another student, known as a bully, jumped on him. School officials were negligent in supervising the situation and the jury ruled in the family's favor because of it, according to David Tirella, of Cohen, Jayson & Foster.

Teachers were inside before the students during the recess on Jan. 29, 2004.

Heidenberg wants to be a surgeon like both his parents, but with nerve damage in his arm it will be difficult, Tirella said.

"The break was so bad it tore a nerve in his forearm," Tirella said. "There's permanent nerve injury. He has screws, there's paralysis and deformity. He wanted to be a surgeon."

Danny Heidenberg's parents, both doctors, said their son has done his best to compensate for the injury and is trying to be a normal teen.

"None of us can ever speak for the future," his mother, Dr. Sandy Goodman said. "In spite of what we've been told by some (doctors), he will do his best to achieve and follow his dreams. That's at least our hope and prayers for him."

Goodman, a south Tampa fertility specialist, said her son transferred from the school after that year. Her hope is that the school does provide adequate supervision for students to prevent these incidents.

"We are grateful to the jury for finally giving our family and son a chance to be heard," she said. "For us it was about justice and a need for there to be some accountability. "

Tirella said the school never reprimanded the student who jumped on Danny and the school never apologized for what happened.

"The young man who jumped on my client testified it would not have happened if there was supervision," he said. "He apologized this week."

Efforts to reach Hillel School officials were unsuccessful.

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