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Lawsuit against Mount Airy daycare alleges 6-month-old suffered 'catastrophic' injuries

Lawsuit against Mount Airy daycare alleges 6-month-old suffered 'catastrophic' injuries
TONIGHT IN 12 INVESTIGATES WXII OBTAINED THE FULL LAWSUIT INVOLVING A SURRY COUNTY FAMILY WHO IS SUING A DAYCARE AFTER THEY SAY THEIR DAUGHTER WAS INJURED THERE. MARIA DEBONE JOINS US NOW IN STUDIO MARIA. YOU AND I BOTH READ THAT LAWSUIT AND IT’S VERY DETAILED. YEAH THAT’S RIGHT DEVONTE. THIS 22 PAGE LAWSUIT ALLEGES THAT A THEN SIX MONTH OLD SUFFERED, QUOTE, CATASTROPHIC AND LIFE ALTERING INJURIES WHILE IN THE CARE OF THE PIEDMONT TRIAD. WEST KINDERCARE IN MOUNT AIRY. THE LAWSUIT, FILED BY PARENTS OF THE THEN SIX MONTH OLD CLAIMS SHE WAS IN THE CARE OF A DAYCARE EMPLOYEE AT THE PIEDMONT TRIAD WEST KINDERCARE. ON NOVEMBER 29TH, 2023, WHEN SHE WAS INJURED. LANGUAGE USED IN THE LAWSUIT CLAIMS SHE, QUOTE, SUFFERED SEVERE HEAD TRAUMA. A HYPOXIC BRAIN INJURY, PROLIFIC CRANIAL FRACTURES, AND HAS SUSTAINED SIGNIFICANT LONG TUM IMPAIRMENTS AS A RESULT OF THE TORTUROUS ACTS AND OR OMISSIONS, PHYSICAL ABUSE, AND OR OTHERWISE WRONGFUL CONDUCT OF DEFENDANTS. IT DOESN’T DETAIL WHAT EXACTLY HAPPENED, BUT DOES LIST THAT THE DEFENDANTS BEING THE DAYCARE AND DAYCARE WORKER, HAD A DUTY TO, QUOTE, TAKE PRECAUTIONS TO ADEQUATELY SECURE EQUIPMENT, OBJECTS AND OR MATERIALS WHICH CAME INTO CONTACT AND OR CAUSED SEVERE AND CATASTROPHIC INJURIES TO THE CHILD, ACCORDING TO THE LAWSUIT. AS A RESULT OF THE INJURY, THE CHILD WHO TURNS ONE IN MAY CONTINUE TO UNDERGO THERAPY TO IMPROVE HER MOTOR SKILLS. SPEECH AND VISION. THE LAWSUIT ALSO SAYS THE CHILD WILL NEED MEDICAL TREATMENT FOR THE REST OF THEIR LIFE. A SPOKESPERSON FOR KINDERCARE RESPONDED TO THE LAWSUIT, SAYING THE TEACHER INVOLVED WAS PLACED ON ADMINISTRATIVE LEAVE WHEN THE INCIDENT HAPPENED IN NOVEMBER. IN A STATEMENT SENT TO WXII, SAYS, QUOTE, THIS IS AN ONGOING INVESTIGATION AND WE’RE ACTIVELY WORKING WITH OUR AGENCY PARTNERS TO DETERMINE WHAT MAY OR MAY NOT HAVE HAPPENED. AND I REACHED OUT TO THE DAYCARE WORKER LISTED IN THE LAWSUIT AND ASKED IF SHE HAD ANY COMMENT. SHE SAID NO, AND THE PARENTS AND THEIR REPRESENTATION ARE ASKING FOR THIS CASE TO BE TRIED BY A JURY THAT THEY RECEIVE AT LEAST $50,000 FOR DAMAGES AND THAT ALL PAST AND FUTURE MEDICAL COSTS AND EXPENSES ARE COVERED BY THE DAYCARE AND DAYCARE WORKER. AND WE HAVE BEEN EXTENSIVELY COVERING THIS CASE, AND WE’LL BE SURE TO SHARE ANY UPDATES WE GET ON AIR AND ONLINE
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Lawsuit against Mount Airy daycare alleges 6-month-old suffered 'catastrophic' injuries
WXII obtained the full lawsuit involving a Surry County family who is suing a local daycare after they say their daughter was injured there. The Surry County Clerk of Court confirms to 12 Investigates that a lawsuit has been filed against KinderCare Learning Centers, LLC. The parents and child involved are being represented by Andrew Fulk and John Chilson, attorneys at law.The lawsuit filed on Feb. 2 by the parents of the then 6-month-old claims she was in the care of a daycare employee at the Piedmont Triad West KinderCare on Nov. 29, 2023, when she was injured. Language used in the lawsuit claims she, "suffered severe head trauma, a hypoxic brain injury, prolific cranial fractures and has sustained significant long-term impairments as a result of the tortious acts and or omissions, physical abuse and or otherwise wrongful conduct of defendants."It doesn't detail what exactly happened but does list that the defendants in the case, the daycare and the daycare worker, "had a duty to take precautions to adequately secure equipment, objects and/or materials, which came into contact with and/or caused severe and catastrophic injuries," to the child. The lawsuit claims this happened in the morning on November 29th, 2023 and the child was taken to Brenner Children's Hospital at Atrium Health Wake Forest Baptist. While at the hospital, the lawsuit says the child, “underwent numerous medical procedures for intracranial bleeding, skull fractures, neurological injuries, clinical seizures, and stroke.” The child also was, “maintained in a sedated state for a significant portion of her hospital stay, incubated, and confined to NICU.” As a result of the injury, the child who turns 1 years old in May, continues to undergo therapy to improve her motor skills, speech, vision, physical abilities, coordination, and cognitive function. The lawsuit also says the child will need medical treatment for the rest of their life.The lawsuit details that the parents and their representation are asking for the following from the court:That all issues of fact be tried to a juryThat they have and recover from Defendants, jointly and severally, a sum exceeding $25,000.ooo for compensatory damagesThat they have and recover from Defendants a sum in excess of $25,000.00 for punitive damagesThat all costs, interest and expenses be taxed to the DefendantsThat the court order such other and further relief as it may deem just and properWXII reached out to KinderCare in light of the lawsuit being filed. It states:"Nothing is more important to us than children’s safety, and we have a specific protocol we follow in the event of incidents in our programs. Our standard practice is to place the teacher involved on administrative leave while we and our agency partners investigate the situation that involved a single child, which is what we did when this incident occurred in November. As such, the teacher involved is out of the center and will remain on administrative leave until the investigations are done. This is an ongoing investigation, and we’re actively working with our agency partners to determine what may or may not have happened."- A KinderCare SpokespersonWXII also reached out to the daycare worker listed in the lawsuit. She said she has no comment at this time.WXII prior coverage of investigation: On Feb. 6, Fulk sent 12 Investigates this statement on behalf of the Tucker family:"The Tuckers are a hardworking and loving family. Some of the finest people you could ever meet. Like many other co-working parents and families, they trusted KinderCare with placement of their infant child for daycare. The injuries sustained by their daughter at KinderCare have been a parent’s worst nightmare. The Tuckers’ focus remains on the condition of their daughter. As counsel for the Tucker family and their daughter, this case is being pursued to obtain justice for their child and also for changes to protect the health and well-being of other children in Surry County. This has been a highly personal matter, and any other inquiries or future communications are asked to please be directed toward their counsel," the statement read.Mount Airy police have not responded to follow-up questions, sent by 12 Investigates on Jan. 24 and Jan. 30, regarding the case — including when updates could be expected.When 12 Investigates inquired to Mount Airy police on Jan. 12, regarding child abuse allegations at the center, police did not respond to multiple requests, via e-mail and phone, until Jan. 24. The department then released a two-sentence statement:"An incident involving a minor being injured is being investigated by the Mount Airy Police Department and the Surry County District Attorney’s Office. No further information is available at this time," the department said.

WXII obtained the full lawsuit involving a Surry County family who is suing a local daycare after they say their daughter was injured there.

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The Surry County Clerk of Court confirms to 12 Investigates that a lawsuit has been filed against KinderCare Learning Centers, LLC. The parents and child involved are being represented by Andrew Fulk and John Chilson, attorneys at law.

The lawsuit filed on Feb. 2 by the parents of the then 6-month-old claims she was in the care of a daycare employee at the Piedmont Triad West KinderCare on Nov. 29, 2023, when she was injured.

Language used in the lawsuit claims she, "suffered severe head trauma, a hypoxic brain injury, prolific cranial fractures and has sustained significant long-term impairments as a result of the tortious acts and or omissions, physical abuse and or otherwise wrongful conduct of defendants."

It doesn't detail what exactly happened but does list that the defendants in the case, the daycare and the daycare worker, "had a duty to take precautions to adequately secure equipment, objects and/or materials, which came into contact with and/or caused severe and catastrophic injuries," to the child.

The lawsuit claims this happened in the morning on November 29th, 2023 and the child was taken to Brenner Children's Hospital at Atrium Health Wake Forest Baptist.

While at the hospital, the lawsuit says the child, “underwent numerous medical procedures for intracranial bleeding, skull fractures, neurological injuries, clinical seizures, and stroke.” The child also was, “maintained in a sedated state for a significant portion of her hospital stay, incubated, and confined to NICU.”

    As a result of the injury, the child who turns 1 years old in May, continues to undergo therapy to improve her motor skills, speech, vision, physical abilities, coordination, and cognitive function.

    The lawsuit also says the child will need medical treatment for the rest of their life.

    The lawsuit details that the parents and their representation are asking for the following from the court:

    • That all issues of fact be tried to a jury
    • That they have and recover from Defendants, jointly and severally, a sum exceeding $25,000.ooo for compensatory damages
    • That they have and recover from Defendants a sum in excess of $25,000.00 for punitive damages
    • That all costs, interest and expenses be taxed to the Defendants
    • That the court order such other and further relief as it may deem just and proper

    WXII reached out to KinderCare in light of the lawsuit being filed. It states:

    "Nothing is more important to us than children’s safety, and we have a specific protocol we follow in the event of incidents in our programs. Our standard practice is to place the teacher involved on administrative leave while we and our agency partners investigate the situation that involved a single child, which is what we did when this incident occurred in November. As such, the teacher involved is out of the center and will remain on administrative leave until the investigations are done. This is an ongoing investigation, and we’re actively working with our agency partners to determine what may or may not have happened."

    - A KinderCare Spokesperson

    WXII also reached out to the daycare worker listed in the lawsuit. She said she has no comment at this time.

    WXII prior coverage of investigation:

    On Feb. 6, Fulk sent 12 Investigates this statement on behalf of the Tucker family:

    "The Tuckers are a hardworking and loving family. Some of the finest people you could ever meet. Like many other co-working parents and families, they trusted KinderCare with placement of their infant child for daycare. The injuries sustained by their daughter at KinderCare have been a parent’s worst nightmare. The Tuckers’ focus remains on the condition of their daughter. As counsel for the Tucker family and their daughter, this case is being pursued to obtain justice for their child and also for changes to protect the health and well-being of other children in Surry County. This has been a highly personal matter, and any other inquiries or future communications are asked to please be directed toward their counsel," the statement read.

    Mount Airy police have not responded to follow-up questions, sent by 12 Investigates on Jan. 24 and Jan. 30, regarding the case — including when updates could be expected.

    When 12 Investigates inquired to Mount Airy police on Jan. 12, regarding child abuse allegations at the center, police did not respond to multiple requests, via e-mail and phone, until Jan. 24. The department then released a two-sentence statement:

    "An incident involving a minor being injured is being investigated by the Mount Airy Police Department and the Surry County District Attorney’s Office. No further information is available at this time," the department said.