I would need more information regarding how the injury occurred but it seems to me that the school and/or the child that poked your son is responsible for the medical bills, as well as the pain and suffering, but this is probably going to require litigation to get them to accept responsibility. Has this other student ever assaulted anyone else? Is there a history of this type of behavior? Was the school negligent in supervising this student and/or correcting his/her behavior? How old is the other student? The students parents may be responsible for his/her behavior. This is definitely something you should discuss with a lawyer because your son should be entitled to compensation for paid and suffering, not just reimbursement of medical expenses.