Parent often have mixed emotions about placing their children in day care. While some New York parents may plan all along to find care for their child and return to work, others struggle with the decision. Nevertheless, it is likely that all parents hope the day care provider they choose will be a safe and nurturing place for their children. Sadly, one family is facing the ultimate tragedy, and a day care facility may be held liable for a child’s wrongful death.
The parents were diligent about protecting their 3-year-old son from dairy products after learning that he was deathly allergic. When they enrolled the child in a day care and early learning program, they alerted the staff to their son’s medical needs and carefully labeled his food to avoid mistakes. Nevertheless, a member of the staff served the child a grilled cheese sandwich.
It is unclear if the staff had an EpiPen on hand to administer when the child went into anaphylactic shock. However, doctors were unable to save the child. Parents of other children who attended the day care and school were shocked to hear of the little boy’s death and the subsequent closing of the facility by city officials. They are demanding answers and consequences for those responsible.
Any parent who experiences such a senseless tragedy is right to want answers. Although, like this family, others facing similar circumstances may turn to crowdfunding to cover the expenses related to the death of a loved one, there are other options that may also bring a sense of justice. For example, it may be appropriate for parents to file a wrongful death lawsuit against those who contributed to the death of their child. Speaking with a New York attorney is the best way to determine a suitable course of action.
Source: New York Daily News, “Parents shocked after boy with dairy allergy dies at Harlem day care: ‘We as moms bring our kids here trusting'”, Adam Schrader, Ellen Moynihan, Larry McShane, Nov. 9, 2017