Related: A copy of the lawsuit (PDF) filed by Daniel Kim's parents.
As university and Cook Counseling Center officials prepare for a civil suit filed by April 16, 2007 victims’ families, several are now implicated in a suit filed by the parents of a Virginia Tech student who committed suicide in December 2007.
The suit, filed Friday in Fairfax County Circuit Court, seeks $43 million in damages from Tech’s “Care Team” in connection with the suicide of Daniel Kim, who was a senior at the time of his death. The care team consisted of James Thomas Brown, dean of students; Vicki Arbuckle, assistant director of psychiatric services; and Christopher Flynn, director of Cook Counseling Center.
The lawsuit alleges Tech ignored warnings about Kim’s mental health. It cites a letter written by Rensselaer Polytechnic Institute graduate Shaun Pribush, who was a student at the time, warning Tech officials that Kim was suicidal.
Pribush’s letter, written a month prior to Kim’s death, said Kim had already attempted suicide. Pribush never met Kim in person, as they met and became friends through World of Warcraft. He knew little about Kim, but communicated with him frequently via instant messenger.
“He told me a lot of things about how he was depressed and wanted to kill himself, and he was really serious about it. The first time he said it, I kind of let it go but then he said he had already tried it,” Pribush said Monday. “What he was saying really warranted me looking up who to contact at his school and sending them something. I felt it was an appropriate measure to contact the counseling center.”
Pribush received what he called a “pretty quick response,” after sending the message. He worked with Tech Police Lt. Curtis Cook to narrow down which Daniel Kim at Tech he was referring to, as there were six enrolled at the time.
Cook’s last e-mail to Kim said the police were concerned about Kim and wanted to provide him with assistance.
Pribush had no further communication with police or university officials. Kim later told Pribush that police had come to his residence and asked if he knew Pribush. Kim said he did not, but police never contacted Pribush after the visit.
Kim’s parents were not advised on the matter, according to the suit. In “Father feels suicide could have been prevented” (CT, Jan. 24), Kim’s father, William Kim, said he was unaware of his son’s mental state.
"Some of his friends say they thought he was depressed, some say they knew he was depressed but I didn't know that, my daughter didn't know that; I had no clue," William Kim said.
The suit accuses the university of “not making any attempt to communicate directly with Daniel or have him speak with a school counselor or psychologist, and without any attempt to consult Daniel’s parents.”
It also said Tech’s Care Team manual at the time required the psychologist on call to see any student who had “made an actual suicide attempt and/or any gesture or reference to suicide.”
In addition to $43 million in damages, William and Elizabeth Soon Jee Kim want the university to assist with the passage of the Daniel Kim Act, which would “require all public universities in (Virginia) to notify parents when a threat to the safety of their children is present.”
Hall, Sickels, Frei & Mims, the law firm representing the families of the April 16, 2007 campus shooting victims Julia Pryde and Erin Peterson, will represent the Kim family.
The Pryde and Peterson families filed identical lawsuits against university and state officials in April seeking $10 million in damages as a result of Seung-Hui Cho’s shootings, which killed 32 people.
Initial hearings in that case begin Dec. 14 in Montgomery County Circuit Court.
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Let me get this straight, he lived off campus so the police made a wellness check on him ("ok"). Then a month later, he commits suicide (7 miles from campus) without even seeing anyone from the Cook Counseling center....and his family is owed $43 million?
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Perhaps Shaun should have sent the letter to Kim's family. If I had a friend/colleague that was suicidal, I would contact their family because they will be more motivated to make sure he/she got help.
I haven't read all the facts of this case, but it seems to me that it should be thrown out.
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He couldn't contact Daniel's family...he didn't know them. Shaun did all he knew to help--contact Daniel's school.
The wellness check by an untrained city cop is bogus. The cop wasn't a psychiatrist, and the school's policy is that a student at risk MUST be seen by a psychiatrist. The school didn't even follow its own policy.
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I think it is a shame when people equate a monetary value ( especially $43 million) for the death of a loved one and call it "damages." I am sure the family will be reminded of the death of their son every time they buy a new car, house, or piece of technology.
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Because the comment by "For Sure" is only buried, not deleted like it should be, I must respond. Your comment, "For Sure", is abhorrent and irresponsible. There is NO place for that kind of venom in the Virginia Tech community.
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It's sad but telling when the father says he wasn't aware of his son's mental state. If he couldn't or wouldn't keep tabs on his own child, why should it be expected that the university staff be held responsible?
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Thats premature to say. My mother and I MAY speak once a month, or we MAY speak 4 times a week... I live 4 hours away and barely EVER tell my mother when things are bothering me. If i were in Kim's state of mind, my mother might never know because i can keep up appearances from 4 hours away especially when i go so long without talking to her. So you cant put that on the father.
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The duty of informing parents falls to the Dean of Students Office and Dean of Students Tom Brown. Brown in turn can pull up a student's emergency contact information, which students are required to give before the start of the fall semester each year.
"Ninety-five percent of the time the emergency contact is very helpful," Brown said. Brown added that at approximately once a week an emergency contact may be called to express concern for a student.
"I usually ask, 'Can you come to Blacksburg?' and most of the time that's exactly what they do.
Where was the phone call? Or did Mr. Brown call after he was found dead?
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This makes me sick. The police and VT did everything they legally could do. This was not a child, this was a legal adult living off campus. I am sorry they lost their son, but they need to be realistic. I think they are trying to assauge their own guilty consciences with a large sum of money. Personally, I don't see this lawsuit going very far because the police took the proper steps.
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A) the suit isn't against the Blacksburg police, its against VT for not doing what it PROMISED to do after the Cho shootings--it promised to check in on at risk students. It didn't.
B) If you read the VT Policies, a student who is at risk MUST be seen by the care team, not a city cop.
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Police and VT did not do everything they could do. Read the article in the CT from Jan that is cited and you will find details of what a poor job police and cook counseling did. They promised the informant that they would not reveal his identity and the first (and nearly the only) question the police asked when they arrived was if he knew Pribush. The police were lazy (they could easily have looked up the addresses on file with VT and narrowed it down from the info provided) and they lied to their informant. It's another sad death of a Hokie that could have been prevented if people at Cook and in the VTPD actually did their job. After 4/16 they should be better, but they are still as lousy as ever.
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He commited suicide December 9, 2007. Virginia has a two year statute of limitations on a wrongful death lawsuit.
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I don't quite understand why so many of you that have commented are so hostile. I highly doubt that the Kim family is doing this for the money.
Suicide is not something that should be taken lightly. Daniel clearly needed help. He wasn't "weak," but was sick and in need of help. Virginia Tech failed to do what it promised to.
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Well, maybe they can raise tuition %10 to pay for the father's hostility toward the university. Perhaps the university should have informed his father of the e-mail, but were under no legal obligation (not moral) to report on a 21 year old. That includes drunk driving, bad grades, getting an STD, etc. It would have made little difference even if a psychologist accompanied the police. He told them he was fine...end of discussion (crank e-mail?)
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Suicides happen every day. While it's sad and heart breaking, if the person doesn't seek help or want help there's nothing anyone else can do. You can try all you want to help them and make them feel better but in most cases it doesn't work. There's no reason for a lawsuit here. It won't bring him back and won't fix the "damages" left in their hearts. It only prolongs the pain and it seems that maybe this law firm (who also represents the April 16 shooting victims' families) could be a bunch of ambulance chasers? Just my guess.
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'There's no reason for a lawsuit here. It won't bring him back and won't fix the "damages" left in their hearts. It only prolongs the pain' From what I have read, the lawsuit is there to get an answer to why VT. did not follow its own published protocol and establish accountability among administrators. We all know how all schools - private or public- want to shove these incidents under the rug. Also we will never know what would've happened if help was there for Daniel. The chance is, since he did not have history of mental problem, he would be still alive today.
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At the age of 18, you are legally responsible for your own medical care. You can make decisions for yourself. There are also alot of medical privacy laws and since most students are over the age of 18, the university can't legally release any information. The university isn't here to raise your kids for you while they are at college. They are adults legally and are treated as such.
It's sad when something like this happens and I feel for the parents. It's tough when you feel like you didn't know your child. They are dealing with alot of issues and feel like this is a way to help them accept their son's death.
My heart goes out to his family.
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