Religious Daycare Found Responsible for Child’s Brain Injury



cbs high res 150x150 brooks schuelke

Brooks Schuelke, Esq.
Schuelke Law PLLC

Austin, TX (Law Firm Newswire) July 16, 2018 – Parents of a child who sustained permanent brain damage at his daycare won $30 million in damages after filing a personal injury lawsuit.

The parents of a 3-year-old child who suffered permanent brain damage after an incident at his daycare have won over $30 million in damages. The family filed a lawsuit in December 2015 after their then 2-year-old son was severely injured at his daycare on September 25, 2015.

The daycare, located in Birmingham, Alabama, is operated by a local religious group, and was running an unlicensed facility, acceptable under state licensing laws because it is affiliated with the church.

While in care, the young child was left alone in a room with several other children for a nap. The boy was sleeping on the floor in front of a dresser. During naptime, another child was moving about and tripped on an unsecured cord by the dresser, causing the TV on top of the dresser to fall on the sleeping boy.

The two-year-old boy sustained permanent brain damage as a result of intracranial bleeding and a fractured skull. He is still receiving therapy. The court found that the daycare “breached the standard of care and [was] negligent in supervising [the young boy].”

“Even though the daycare did follow the law, the law did not have adequate safeguards,” said Brooks Schuelke, a respected Austin, Texas personal injury attorney, not involved in this case.

Traumatic brain injury may affect brain cells on a temporary basis, or a victim may sustain more serious injuries to the head that result in bleeding, bruising, torn tissues and other kinds of physical damage to the brain. Often the more serious injuries may cause long-term health issues or possibly death.

Traumatic brain injury symptoms in infants and young children can usually only be observed because the victim is unable to verbalize what they are experiencing. Parents that suspect their child has sustained a traumatic brain injury may see:

· Changes in sleeping habits
· Changes in nursing/eating habits
· Change in the child’s ability to pay attention
· Change in interest in playing with favorite toys
· Change in interest in play activities
· Persistent crying/unable to be consoled
· Alternating mood
· Seizures
· Sleepiness
· Unusually easily irritated

Common Causes of Traumatic Brain Injury
· Collisions — vehicle-related
· Sports injuries
· Falls
· Explosive blasts
· Violence
· Penetrating head wounds

Traumatic brain injuries are serious injuries and need to be evaluated by a doctor. “Do not wait — get a child with a head injury to a medical facility as quickly as possible,” added Schuelke.

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