CEDAR FALLS - The mother of a boy who nearly drowned at a Camp Adventure outing in Germany is appealing the dismissal of her lawsuit against the state.

Vinnell Griffen took the State of Iowa to court after 10-year-old Blake Jermon was discovered unconscious at the bottom of a pool in Alzenau, Germany, June 25, 2003.

At the time Griffen was a sergeant with the U.S. Army in Europe, and her son was taking part in Camp Adventure, which is run out of the University of Northern Iowa and offers recreation to youths at military bases and embassies overseas. The program often employs college students.

Jermon, who suffered severe brain damage, died May 19, 2006, while undergoing surgery related to the near downing.

Earlier this month, Judge George Stigler threw out the lawsuit, ruling Iowa's tort laws don't extend to overseas incidents when it comes to suits against Iowa government.

"The simple truth is that the state, unlike an individual, can, under sovereign immunity, limit under what circumstances it can be sued," Stigler wrote in his opinion.

"The injuries suffered by this unfortunate child simply fall into a netherworld of non-coverage, at least under the Iowa Tort Claims Act," he wrote.

Griffen's attorney, Pressley Henningsen of Cedar Rapids, couldn't be reached for comment but he filed a notice of appeal to the Iowa Supreme Court.

"I was really hurt, because the way I read it … because he didn't get hurt in the United States, he got hurt in Germany, it's like it was OK, like it was acceptable for what those camp counselors did," said Griffen, who now lives in Ohio.

The outing was at a German swimming pool, but Jermon and other children from the Army base were there with camp employees as part of the Hanau Sports Camp program.

Jermon was later discovered unconscious at the bottom of the swimming pool and was pulled out by two German students, records state. Griffen said her son was fully clothed and had his shoes on.

Jermon suffered brain damage, and even after he was sent home from the hospital, he needed 24-hour medical care. He couldn't talk but reacted to sounds, his mother said. She didn't know if he was able to see.

"He couldn't do anything he was doing previously," she said.

In 2006, the curve of his spin began to threaten his lungs and heart when he sat, so doctors undertook surgery to fuse his backbone to lock it in a straight position, she said. He died during the operation.

Contact Jeff Reinitz at (319) 291-1578 or jeff.reinitz@wcfcourier.com.