Family of 7-year-old quarantined due to Ebola fears sues Milford Student's visit to Nigeria prompts district move; family's lawsuit seeks damages, end to 'quarantine'

MILFORD -- A 7-year-old girl who visited Nigeria -- not one of the three Ebola-stricken West African nations -- has been temporarily banned from returning to third grade in the Milford Public Schools, a lawsuit claims.

City officials told the family their decision was based on fears over the outbreak of Ebola overseas, according to a 16-page suit filed by the girl's father Tuesday in U.S. District Court.

But a lawyer representing the girl, Ikeoluwa Opayemi, and her family said she was never sick and never at risk for the disease, and the city and school district acted irresponsibly.

"One would think that a school, an institution of learning, wouldn't take such an action," said Gary Phelan, a Stratford lawyer. "They decided it's more important to go along with fears, stereotypes and a lack of information" than to protect the student.

The lawsuit alleges that Milford Health Director Dennis McBride told the family "although the `risk of infection' with Ikeoluwa might be minor, the primary reason for his decision that she be `quarantined' at home for 21 days was due to the rumors, panic and climate at Meadowside."

The suit is seeking $250,000 in damages and asking that the child be allowed to return to class immediately at Meadowside Elementary School, where she is a third-grader.

Ikeoluwa traveled with her father, Stephen Opayemi, Oct. 2-13 to Lagos, Nigeria, for a family wedding. On Oct. 10, McBride called Ikeoluwa's mother, Ikeolapo Opayemi, and told her that the Connecticut Department of Public Health empowered local health departments to screen everyone who had recently traveled to Africa for Ebola, according to the complaint. The mother agreed that her daughter could be screened when she returned to the United States.

But the day Ikeoluwa and her father came back into the country, the lawsuit alleges, McBride called the family and said Ikeoluwa should not return to Meadowside for 21 days because some parents and teachers were concerned she could transmit Ebola to other students.

Ebola is a contagious illness that has killed nearly 5,000 people, mostly in the West African countries of Liberia, Guinea and Sierra Leone. Though there was a small outbreak of Ebola in Nigeria that caused 19 illnesses and seven deaths, there has not been a case in the country in more than a month. Indeed, the country has been praised for its aggressive efforts to contain the disease.

Screening protocols released by the state Department of Public Health and the governor's office on Monday only said travelers from Liberia, Guinea and Sierra Leone would be monitored for Ebola upon returning to the United States. Nigeria has not been mentioned as a "red flag" country by state health authorities.

Tuesday afternoon, Andrew Doba, a spokesman for Gov. Dannel P. Malloy, said the state played no role in the decision to keep Ikeoluwa out of school.

"This was a decision by the town's public health official," he said in a statement. "The state did not play a role in making this determination, and this family is not under any quarantine orders."

At a meeting Oct. 15 between McBride, the family, Milford Superintendent of Schools Elizabeth Feser and Meadowside Principal Gail Krois, McBride said Ikeoluwa should be kept at home for 21 days, through Nov. 3, the lawsuit states.

A few days later, Stephen Opayemi sent an email to McBride, Feser and Krois saying that, unless he received an official email confirming McBride's instructions to keep his daughter at home, his daughter would return to school Oct. 20. During a follow-up meeting, Feser reiterated that the girl should not return to school until Nov. 3 and said if she did, she would be removed by police.

McBride wouldn't comment on the lawsuit, saying he can't speak on pending litigation, and Feser couldn't be reached.

Phelan said the Opayemi family has referred comment to him.

Ikeoluwa remains at home, despite completing a medical evaluation Oct. 24 that concluded that she was healthy and could participate in school without restrictions. Phelan said Ikeoluwa has been tutored at home since the quarantine order was issued.

Phelan is suing under the Americans with Disabilities Act. Though Ikeoluwa doesn't have a disability, Phelan said the act also protects those who don't have a disability, but are treated like they do.

Suing under the ADA means the family cannot seek punitive damages, Phelan said. The parents are just looking to be compensated for legal costs and their daughter's emotional trauma and for their daughter to be allowed to return to school as soon as possible.

He said the Opayemi family was reluctant to file the suit, but ultimately decided to do so for several reasons. The first was so "their daughter, in the future, would know they fought for her," Phelan said.

But Phelan said the family also hopes to quell some of the misinformation about Ebola and to prevent other families from going through this. "Perhaps this will deter other municipalities from taking this kind of action," he said.