Lawsuit: Alabama-2-month old foster child-Child Death

“The Alabama Department of Human Resources (DHR) is facing a wrongful death lawsuit in the 2022 death of a two-month-old baby who was in foster care.

The child died from an illness and a Benadryl overdose, according to an autopsy.

The lawsuit names DHR, the Coffee County Department of Human Resources and the foster parents, and unnamed or unknown employees, representatives and/or agents of DHR (fictitious parties).

According to court documents, the baby was born on May 8, 2022. DHR took custody of the child in June 2022, and she was placed in the foster home. The mother was given visitation once a week at the DHR in Enterprise. On the second visit, the mother claimed she alerted DHR that the baby had bruising and was sick with a chest cold, but nothing was done.

On the third visit, the plaintiff stated her child was still sick and “was acting as if she had been drugged.” Again, nothing was done, she said.

She said during a visit in July, things had gotten worse.

When she went for the second and third visits in July 2022, the mother was told her baby was not at the visitation center. However, the morning following the third visit, she was contacted by DHR and told her baby had died from a suspected Benadryl overdose administered by the foster parents.

An autopsy report shows the baby died on July 20, 2022. The cause of death is listed as “interstitial pneumonitis complicated by diphenhydramine toxicity,” confirming Benadryl contributed to her death. The manner of death was listed as “undetermined.”

“This 2-month-old female reportedly became unresponsive while being held by her foster mother,” the autopsy states.

According to the report, the baby had a fever and was fussy, so the foster mother gave her medication. Sometime after the medication was administered, the infant “threw her arms to the side, acted like she was choking and became unresponsive.” That’s when the foster mother attempted resuscitation and called 911. The baby was taken to Enterprise Medical Center, where she was pronounced dead.

The biological mother brought the lawsuit claiming the overdose was due to “negligent or wanton failure to protect the infant minor child.” She also claims she suspects the baby was physically abused.

The mother is seeking compensatory and punitive damages.

According to court documents, the foster parents deny the allegations against them. They claim they “acted within the line and scope of their duties” at all times. DHR employees have also responded, claiming no responsibility.

However, they say the death was “a result of acts and omissions of others possibly identified as fictitious parties by the Plaintiff.”

DHR provided the following statement:

“DHR cannot comment on pending litigation. However, all prospective foster parents complete a standard, 10-week trauma-informed training course. This training has a broad scope but specific medical needs training is based on the needs of each individual foster child and the recommendations of medical providers.””

Infant in foster care dies from illness, Benadryl overdose; Mother files wrongful death lawsuit

[1819 News 8/14/24 by Erica Thomas]

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