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Sokolove Law

Boy with Cerebral Palsy Not Allowed in Pool

July 27, 2012

A boy born with cerebral palsy who uses waterwings to help him swim was not allowed in a pool with the floating devices  because of a lifeguard's unfortunate and embarrasing error.

Max Wymer has trouble swimming on his own unless he has his waterwings. According to his parents, using waterwings, or “floaties,” on his arms make it easier – and safer – for him to cool off in the pool.

However, while swimming at the North Park pool, Max’s mother Jen told WPXI-TV that a lifeguard ordered her son out of the pool and would not allow him to swim while using the floaties.

"All they would say is rules are rules and rules are rules. No in between," Jen said. "I went up to the lifeguard and said, 'My son has cerebral palsy. He doesn't walk well and has poor balance. Could he keep the floaties on?’... I put the floaties back on and the lifeguard manager came back and I said, 'I'm sorry, but he's wearing the floaties today,' and he called the police again."

the website for Allegheny County, where the pool is located, waterwings are “prohibited” and that “specialized floatation devices [are allowed] for disabled patrons only," WPXI reported.

Max was eventually allowed back into the pool after he received a doctor’s note justifying his reasons to use the floaties because of his birth injury.

If you or a loved one has suffered a birth injury that can be attributed to medical error, there may be legal options at your disposal. Call Sokolove Law today to learn more about pursuing a cerebral palsy lawsuit.