A California school district has agreed to an $18 million settlement after an 8-year-old special needs child fell and died while in class.

Eight-year-old Moises Murillo was born with a severe form of Down syndrome. Moises was unable to walk and used a highly specialized wheelchair to help him with his physical abilities. On May 31st, 2017, Moises was in class at Sunset Elementary School in La Puente, in Los Angeles County.

According to the lawsuit the family filed following his death, Moises was taken out of his specialized stroller and placed into a traditional classroom chair so that he could join in a classroom activity. To help him support his balance in the classroom chair, he was strapped in with a gait belt. At some point during the classroom activity, Moyes was left unsupervised. As a result, he was able to kick and tilt himself in his chair. He fell backward and struck the back of his head on the floor.

His fall resulted in a severe spinal cord injury and a fractured neck. The injury left his brain unable to communicate with his vital organs, causing Moises to stop breathing and go into cardiac arrest. Moises was immediately taken to the hospital where he was placed on life support. He would die days later due to his injuries.

Family attorney Steve Vartazarian criticized the school for its negligence.“We fought for years to get some answers about what happened. And this district would not answer any questions about it,” Vartazarian contended. “Instead, they tried to sweep it under the rug as if nothing happened.” Vartazarian alleged that the teacher responsible for Moises failed in her duty to care for him and follow his Individualized Education Plan or IEP.

Vartazarian shared that the settlement was reached on June 22, but no details about the settlement terms have been released.

The wrongful death lawsuit accused the school of failing to “provide safe surroundings” and being negligent in allowing Moises to remain “unsupervised and unrestrained during his class.” The lawsuit also asserted that the school district did not have a policy in place which detailed how school staff and faculty should supervise students.

The lawsuit was set to go to trial in June. However, Vartazarian shared that the school district agreed to settle one week before the trial was to take place.

During a press conference announcing the settlement, Moises’ family could not contain their heartbreak. Through an emotional statement, Moises’ mother, Roberta Murillo shared, "He was everything to me. He was my whole life."

Moises’ sister, Lizbeth Murillo, also shared her heartbreak explaining, "It's just sad how someone's irresponsibility could damage somebody eternally, for life."

Lizabeth Murillo also admonished the school district for its negligence and called on school officials to implement changes. She explained her call was, "Not just because of my brother but there are other kids who are in the district who have disabilities who need that attention.”