The family of a Milpitas high school student who nearly drowned during a school swim class last year has filed a $10 million personal injury claim. In October last year, freshman Jerry Pham, 14, was found at the bottom of the Milpitas High School pool during a physical education swim class. He was pulled from the pool by school security guards and classmates. In the claim - a procedure that usually precedes the filing of lawsuit - San Jose attorney Richard Alexander who represents the student's family, accused the school of negligence and failing to provide an instructor properly trained in rescue. A spokesman for Milpitas Unified School District did not immediately return a telephone message. The student survived and has returned to school, but he suffered brain damage "because of severe oxygen deprivation," Alexander said.