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 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.