Boy with Cerebral Palsy Barred from Pool

A Pittsburgh-area boy born with cerebral palsy who benefits from the use of waterwings when swimming has been the subject of an odd debate at a local pool that, until recently, banned him from using the pool with his swim aids.

Max Wymer was born with cerebral palsy that makes it difficult to swim when he is in a pool. 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."

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

Thankfully, Max was eventually allowed back into the pool after he received a doctor’s note explaining his birth injury and mentioning the benefits of him wearing the floaties.

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 birth injury lawsuit. For legal help, call (800) 581-6358.

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