In yet another recent example of a tragic injury occurring to child by a daycare provider, Wicked Local Burlington reports the operator of an unlicensed daycare facility near Woburn was recently charged in connection with the death of a child in her care, which occurred last year.
Later that afternoon, defendant called mother and informed her that her daughter had stopped breathing. When mother arrived, she saw defendant performing CPR on the child, who was still lying still and non-responsive. Mother quickly called 911. Defendant told first responders baby was unresponsive after she vomited following being fed.
By the time first responders arrived at the daycare center/residence baby was completely unresponsive, had no pulse, and was apneic. As our Boston daycare injury attorneys can explain, pediatric apnea can be a serious medical condition when occurring in infants that involves a cessation of breath function while a child is sleeping. It is similar to sleep apnea in adults but much more serious when patient is a newborn. First responders transported infant to Boston Children’s Hospital, where she died a few days later.
Tests performed prior to her death showed baby to be suffering from diffuse subdural hemorrhaging, subarachnoid hemorrhaging, multilayers diffuse bilateral retinal hemorrhages, and retinoschisis. Doctors also diagnosed child with numerous fractures to the base of her thoracic spine and upper lumbar spine. Doctors determined these injuries to have been inflicted on the day the child was admitted to the hospital.
Doctors did not believe these injures to be consistent with aspiration following a feeding. Doctors determined them to be a result of what is known as forceful axial trauma or extreme hyperflexion seen in cases of shaken baby. The final determination was that baby died of complications related to abusive head trauma by a blunt object and shaking. Authorities are also reporting defendant did not have a license to run a daycare facility, as required by Massachusetts law, and cited her for a violation of the statute.
While it is important to note, defendant has not been convicted of any crime and is presumed innocent unless and until she is found guilty in a court of law, Middlesex County prosecutors alleged she is responsible for what was determined to be the homicide of an infant in her care as result of being beaten and shaken.
Burlington Police officers and the Massachusetts State Police trooper assigned to assist the District Attorney’s Office for Middlesex County with this investigation and ongoing criminal case have equally put this opinion forth.
One of the most important things you can do if your child has been injured while at day care is contact an experienced attorney before making any statements to an insurance company. Even in cases where the daycare is unlicensed, the defendant will likely have homeowner’s insurance or even renter’s insurance and the company is likely to contact you immediately after the incident while you are still in an emotionally disturbed state. The company will often try to get you to accept a relatively small amount of money to deal with immediate needs, such as funeral expenses or hospital bills, in exchange for signing an general release of liability excusing the defendant and his or her insurance company from liability in a civil lawsuit. This is generally not in your best interests.
If you are injured in an accident in Boston, call Jeffrey Glassman Injury Lawyers for a free and confidential appointment — (617) 777-7777.
Additional Resources:
Burlington unlicensed home daycare provider charged in March 2014 child homicide case, March 27, 2015, Wicked Local Burlington
More Blog Entries:
Wilkins v. City of Haverhill – Massachusetts Supreme Court Weighs Slip-and-Fall Claim, May 23, 2014, Boston Personal Injury Attorney Blog