The child was on the Mark Twain Elementary School playground in August 2014 when the needle “pierced the skin” on his ankle, according to the lawsuit. Although he went to see the school nurse, the incident was not “promptly” reported his mom, according to the lawsuit filed Thursday in state District Court.
The child’s mother noticed a mark on her son’s ankle later that evening and spoke with the nurse the next day. The nurse at that point explained that the boy “had been poked by a dirty needle,” according to the lawsuit.
The boy was then taken in for HIV and hepatitis testing. It is not clear from the suit whether the boy suffered any long-term health implications, and his attorney declined to comment.
Named as defendants are Albuquerque Public Schools, Superintendent Raquel Reedy and Mark Twain Elementary School, which is located on Constitution near Louisiana.
The suit argues that the defendants failed to implement and follow safety policies, and that the way in which the school was operated put the child, and other students, at risk.
The mother also alleges the defendants were negligent in their supervision, instruction, training and retention of employees.
A spokeswoman for the school district said she could not comment on the pending lawsuit.