ERIE – A father who alleged his daughter faced discrimination and retaliation from the Avonworth School District for her asthma preventing her from being able to adhere to mandatory masking during the COVID-19 pandemic, has motioned to settle his claims for $50,000.
Harry Wynkoop (individually and on behalf of his minor children, J.W. and G.W) of Emsworth initially filed suit in the U.S. District Court for the Western District of Pennsylvania on May 30, 2022 versus Avonworth School District, Dr. Jeff Hadley and others.
According to Wynkoop’s complaint, his two children, J.W., and G.W., attend school in the Avonworth School District and that, on Aug. 21, 2021, he held a rally at the Ohio Township Community Park in opposition to the district’s masking policy during the COVID-19 pandemic.
Wynkoop claimed that on April 6, 2021, his daughter J.W. received a medical exemption from wearing a mask from her physician, due to having asthma. He alleged the District refused to honor the medical exemption and that in November and December of 2021 and February 2022, his daughter received additional medical exemptions for wearing a mask from three other physicians, which were also not honored by the District.
Wynkoop further alleged his daughter was forced to do virtual learning and that being ‘segregated’ from her peers caused her anxiety and her grades to fall dramatically – and added that he and his children suffered retaliation from the District by its questioning the children’s residency in the district and not providing a tutor for his daughter, while providing similarly-situated individuals with tutoring.
In a Sept. 14, 2023 answer to the complaint, the District countered that it did not receive evidence from the plaintiff supporting the request for his daughter to be exempted from mandatory masking for medical reasons until Dec. 23, 2021.
“By way of further response, on Aug. 23, 2021, the District asked Jaime Wynkoop, (plaintiff’s ex-wife and the mother of G.W. and J.W.) if she wished to have J.W. evaluated for a Section 504 plan related to her condition of asthma. Ms. Wynkoop expressly declined to meet regarding a 504 plan. She stated that she was not seeking a medical exemption from the masking requirement for J.W., but instead was philosophically opposed to her wearing a mask (believing that it was a matter of parental authority). Plaintiff was copied on this correspondence. Plaintiff and Ms. Wynkoop then opted to enroll J.W. in virtual learning through Seneca Valley Academy of Choice and did not make any request for a medical exemption from the masking requirement until Dec. 23, 2021,” the District’s answer stated, in part.
“The District provided Mr. Wynkoop with a form granting permission to evaluate J.W. for a 504 plan on Jan. 6, 2022. The form was not returned until Feb. 11, 2022. On March 7, 2022, the District’s Board of School Directors voted to modify the Health and Safety Plan to make masking in school buildings optional at all times. Plaintiff was promptly informed of this change in policy and that J.W. was permitted to attend school in-person without wearing a mask.”
The District added that the plaintiff’s claims were barred by applicable statutes of limitation, a failure to mitigate damages, and the plaintiff’s daughter not having suffered an adverse action, among numerous other affirmative defenses.
Following about six months of subsequent mediation and the Court’s dismissal of the majority of the plaintiff’s claims, the plaintiff motioned to settle the case on May 6, for $50,000.
“At the time of the filing of the complaint, plaintiff’s children, J.W. and G.W. were minors. G.W. reached the age of majority on July 29, 2023. J.W. remains a minor. Harry Wynkoop is J.W.’s father and guardian. J.W. has suffered no physical, economic or property damages,” the motion to settle stated, in part.
“The parties have reached a settlement as to plaintiff’s remaining claims as follows: In consideration for and commensurate with the execution of a written release and settlement agreement, the District’s insurance carrier, Utica National Insurance Group, shall issue payment to the plaintiff’s attorney totaling the sum of $50,000. The settlement check shall be made payable to, ‘Schnee Legal Services, Attorneys for Harry Wynkoop, G.W. and J.W., a minor.”
Plaintiff counsel explained it would deposit the settlement check into the law firm’s IOLTA account, and shall subsequently distribute the settlement proceeds in the following specific amounts:
• Attorney’s Fees – Payment for all outstanding attorney’s fees and costs incurred by the plaintiff in the amount of $6,000 would be made from the law firm’s IOLTA account to the law firm’s operating account;
• The remaining $44,000 would be paid from the law firm’s IOLTA account in equal amounts of $22,000, to Harry Wynkoop and to G.W., representing settlement of all individual claims alleged by the plaintiffs in their lawsuit against defendants, and no other monetary damages would be owed. Harry Wynkoop would deposit his portion of the remaining settlement proceeds in a bank account for the benefit of J.W., and may invest funds exclusively for the benefit of J.W. Such funds may be used for J.W.’s education, medical care, housing, clothing, transportation, personal needs and any other uses that in the reasonable judgment of Harry Wynkoop are in J.W.’s best interests.
The plaintiffs were represented by J. Chadwick Schnee of Schnee Legal Services, in Lititz.
The defendants are represented by Casey Rankin and Joseph W. Cavrich of Andrews & Price, in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania case 2:22-cv-00814
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com