Earlier this year, a four-month-old baby died while under the care of staff at Children’s Academy of Southwest Florida. Now, the mother of that child has filed a wrongful death lawsuit against the organization, claiming that the recklessness and negligence of the defendant was equivalent to a “conscious disregard or indifference” to her child’s life and safety.
The baby was discovered dead on January 7, 2014. Kara Gartley dropped her daughter off at the facility around 8 AM, and the child was found unresponsive on the floor around 11 AM, with vomit and blood coming out of her nose and mouth. After being transferred to a nearby hospital emergency room, the baby died later that day.
According to information from an investigation into the incident, a teacher at the facility that initially cared for the baby had tested positive that day for marijuana and cocaine. She admitted to having recently used marijuana. In the lawsuit, Gartley alleges that the daycare facility is liable for employing a person who was using illegal drugs and says that the center failed to protect her daughter while she was in their care. The daycare center remains in operation after a temporary suspension of providing care for children under one year old.
At this time it is unclear what the result of the case will be, but an attorney for the daycare center indicated that it would not be a drawn-out process.
If someone close to you has passed away due to an accident caused by someone else’s negligence, you may be able to seek damages through a wrongful death claim. For more information about your options, consult the skilled Bradenton wrongful death attorneys with Shapiro, Goldman, Babboni & Walsh.