Student blames school for staph infection
June 28, 2009 by Tom D'AgostinoPosted in: From the Courts, In this week's e-newsletter, Latest News & Views
If a student gets a staph infection at a school’s athletic facility, should the school be held responsible? See what one court said.
The plaintiff in the case was a student-athlete who said he contracted a MRSA infection at Iona College’s athletic facilities.
He said the school had a duty to keep MRSA bacteria out of its facilities. He also claimed athletic trainers should have screened for MRSA bacteria, provided him with medical care, and told him how to avoid infection.
The school knew about the presence of the bacteria and failed to get rid of it, the lawsuit added.
The school didn’t have an absolute duty to keep its facilities completely free of the MRSA bacteria or to have its trainers take such extraordinary steps, the court explained.
But the college isn’t off the hook.
If the student can prove that the school knew about the presence of MRSA bacteria and failed to take care of the problem, he can win his case. The court rejected the school’s bid to have the case dismissed.
Cite: Zaffarese v. Iona College
Should the court have thrown out this case? Let us know what you think in the comments section below.



July 6th, 2009 at 2:02 pm
No. The court should not have thrown out the case. Universities should do everything they can to protect each student.