Controversy over Houston ISD's middle schooler's sudden death in gym class; family hires lawyer

HOUSTON - 14-year-old Landon Payton died after a medical emergency in Physical Education class at Marshall Middle School on August 14. 

Since his passing, speculation has spiraled around if a defibrillator was used during the medical emergency and if the equipment was working properly. 

PREVIOUS COVERAGE: Marshall Middle School student dies after emergency at school

HISD will not confirm if an AED (Automated External Defibrillator) was used in the incident, but released some numbers in response to the inquiries. 

HISD put these metrics out in a release saying: 

"The District has 1,038 AEDs in schools; 868 of them are working. Orders have been placed for the replacement parts, in most cases batteries, for the remaining 170 machines. 100% of the AEDs will be reinspected before the end of August. There is an average of three working AEDs per school."

They say when an AED is not working, it is removed from the wall while it awaits repair. A note directing trained staff to the nearest AED is then put in place of the machine that is temporarily out of service.

Dozens gathered Monday to grieve Landon at a vigil outside Marshall Middle School. 

His family says they cannot comment on his death as they've hired an attorney, Chris Tritico. 

Tritico says they are awaiting the medical examiner's report before taking the next steps. 

Original Story: Marshall MS student dead following medical emergency: Houston ISD

HISD also included the following safety facts in their release:

a.            Every campus in HISD has staff trained in medical emergencies and in life-saving techniques such as CPR.

b.            The current Administration does not believe safety and medical management should remain decentralized, and we are taking steps to change those practices. Currently policy CKD Local (CKD Local Regulation) makes principals and work location supervisors responsible to ensure AEDs are available and working. Moving forward, we will amend that policy to place the responsibility and authority with the appropriate Central Office teams.

c.            In early August, the District began adopting a health and safety platform to record inspection and maintenance information. The Health and Medical team will work with the Safety and Emergency Management team to identify Division staff who will be responsible for uploading information into the platform and for overseeing the regular inspection and maintenance of equipment.