Frank v. State of Washington DSHS & Confidential
Case type: Child wrongful death, products liability, government liability
Award: $2.5 million cumulative Settlement
Attorneys: Lincoln Beauregard, Jack Connelly
Blind cord manufacturer and State of Washington DSHS settleled for a cumulative $2.5 million dollars in a case involving the death of an infant at a dangerous and overcrowded daycare center. DSHS, despite reports calling for close regulation of the daycare allowed the home care provider to conduct business in a excessively dangerous home care environment. The plaintiffs’ infant daughter strangled herself with the blind cords next to her crib during naptime.
While under the care of home care provider Def. J.N., 18 month old Plff J.F. strangled herself to death with the blind cords hung next to her crib. Julie’s Daycare was licensed by the Washington State Department of Social and Health Services (DSHS), and therefore subject to certain standards, monitoring and regulation through DSHS. There were many complaints filed against Julie’s daycare, addressing a lack of supervision by the provider and overcrowding. DSHS investigated and noted that “[t]his home needs close monitoring to ensure close supervision…”. However, DSHS did not closely monitor Def. Julie’s Daycare. DSHS inspectors, though trained to inspect sleeping arrangements in the homes of daycare providers, failed on multiple occasions to properly inspect the home, allowing the dangerous sleeping conditions to persist for far too long. The parents of Plff J.F. suffered extreme emotional distress over the loss of their young daughter.
The negligent home care provided by Julie’s Daycare, coupled with the negligent inspections, monitoring and liscencing of Julie’s Daycare by DSHS culminated in the tragic death of Plff J.F.