Nearly three months after the tragic death of 12-year-old Khimberly Zavaleta – who died eight days after being hit in the head by a metal water bottle during a bullying incident at Reseda Charter High School – the Los Angeles County Department of Medical Examiner (DME) has determined that her death was due to natural causes related to an underlying medical condition.
The DME released the following statement May 19 regarding Khimberly’s death:
“The [DME] determined the cause and manner of death for 12-year-old Khimberly Alexandra [Zavaleta Chuquipa] as spontaneously ruptured cerebellar arteriovenous malformation (AVM). The manner of death is natural.
“According to reports, on Feb. 17, Ms. [Zavaleta Chuquipa] was struck in the back of the head by a thrown aluminum water bottle while at school. She was taken to the hospital with complaint of a headache and discharged the same day. Four days later, on Feb. 21, Ms. [Zavaleta Chuquipa] was taken to the hospital in distress where the AVM was diagnosed. Despite significant medical treatment, death was pronounced at the hospital at 03:12 hours on Feb. 25.
“‘Arteriovenous malformations (AVM) are an assembly of fragile, tangled, high-pressure blood vessels that are prone to spontaneously rupturing, especially when located in the region of the brain as discovered in Khimberly,’ said Chief Medical Examiner Dr. Odey Ukpo. ‘Catastrophic bleeding due to a rupture develops quickly – within seconds to minutes – and is immediately life-threatening. Unfortunately, as in Khimberly’s case, spontaneous rupture is a common initial presentation of an AVM.’”
Although the DME news release does indicate that Khimberly was reportedly struck in the back of the head days before her hospitalization and subsequent death, it does not connect the head trauma to the fatal rupture and brain bleed.
A DME spokesperson said the department will not provide further comment on the case “due to anticipated litigation,” but noted that the DME report with further details about the case will be released at a later date.
Did Khimberly Have a Pre-Existing Condition?
According to citations from the Mayo Clinic, severe impact or trauma (such as a hard blow to the head, chest or spine) can cause a rapid, temporary spike in blood pressure and a direct physical jarring of blood vessels. This abrupt mechanical stress can cause a pre-existing, weakened AVM to break open and bleed. In very rare cases, severe trauma can actually cause an AVM to form (as opposed to just rupturing a congenital one).
The attorney for Khimberly’s family, Robert Glassman, a partner with Panish, Shea & Ravipudi LLP, provided the following statement in response to the DME findings:
“The Medical Examiner’s conclusion ignores the undeniable reality of what happened to Khimberly.
“Before this incident, Khimberly was a healthy, vibrant 12-year-old girl with no symptoms, no medical crisis and no indication that her AVM posed any danger to her life. Then she was struck in the head at school with an aluminum water bottle, complained of serious head pain and within days suffered catastrophic brain bleeding that took her life.
“No press release by the Medical Examiner changes those facts.”
Khimberly’s uncle Guy Gazit told the San Fernando Valley Sun/el Sol that the family is unable to comment or answer questions related to the DME’s press release, but stated, “We’re trying to cope with this ungodly situation.”
Family Said Khimberly and Her Sister Were Bullied
In March, Khimberly’s mother, Elma Chuquipa, recounted that she spoke with school administrators at Reseda Charter High School – which has a middle school on its campus – earlier this year to alert them that Khimberly and her 15-year-old sister were being bullied by classmates “threatening to hit them.” When the bullying continued with no action by the school, Chuquipa said she spoke with school officials again, “but they never did anything about it.”
On Feb. 17, Khimberly, her sister, Sharon, and their 13-year-old niece were once again accosted by classmates, who were targeting Sharon. Khimberly stepped in to try to help her. That’s when someone reportedly threw a metal water bottle, which struck Khimberly in the back of the head.
Although she went to the emergency room later that day, complaining of a headache, she was released without imaging, such as a CT scan. Khimberly was hospitalized later that week with a brain hemorrhage, underwent surgery and various medical procedures. She died on Feb. 25.
An unidentified youth was arrested in early April in connection with Khimberly’s death and was booked for murder, said a spokesperson for the Los Angeles Police Department (LAPD) last month. But, according to Gazit, the juvenile was later released pending the pathology report.
An LAPD spokesperson told the San Fernando Valley Sun/el Sol “there are no updates” about the case at this time.
Seeking Justice
“I’m not sure how this is going to go now, but our lawyer will keep pushing for justice for Khimberly, and so [will] we,” said Gazit.
In March, Khimberly’s family filed a formal legal claim against the Los Angeles Unified School District (LAUSD), alleging they failed to protect Khimberly despite repeated reports of bullying. Filing a claim is the required first step before filing a lawsuit. LAUSD has officially rejected it.
The attorney’s May 19 statement indicated that they will continue to pursue justice.
“The civil case against the school district remains unchanged. This case is about negligence, inaction and a failure to protect and properly respond to a child in distress. Under California law, a wrongdoer takes a victim as they find them. If Khimberly had an underlying condition that made her more vulnerable to injury, that does not excuse the conduct that led to her death. It makes the need to protect her even greater.
“Khimberly was alive before this happened,” continued the statement. “She is gone now. Plain and simple. We will continue fighting for accountability for Khimberly and her family.”
Editor Diana Martinez contributed to this article.
This should not in any regard take away from the fact that this child was hit in the head with a heavyweight aluminum water bottle. Thus causing her “underlying condition” to be exacerbated and being killed. It’s a tragic outcome from the coroner.
The person responsible for throwing the water bottle, should still be held responsible. The school should have to take responsibility for NOT taking this bullying behavior seriously. This could have made a difference in life or death. Schools should not allow personal water bottles or definitely not these type that can kill someone.