Child Death Cases

Too many children are left in the custody of their natural parents or foster parents after state child protection agencies like the Florida Department of Children & Families, DCF, DCFS, Sheriff’s Department, and private providers have ignored signs of risks often referred to as “red flags.” In 2014, The Miami Herald published an investigative series in Florida called “Innocents Lost” concerning 534 children who died spanning several years – who didn’t need to perish. This happens through our states We, at Justice for Kids®, are child abuse lawyers committed to filing wrongful death lawsuits on behalf of the survivors’ parents who are innocent of wrong-doing and even siblings, where possible, to vindicate the voice of the children who died.

Christopher Nevarez, the father of Makenzie Nevarez, a 6-month-old baby girl who suffered catastrophic injuries and later passed away from blunt force trauma, has been awarded $4.5 million in damages in a wrongful death case involving the Broward Sheriff’s Office for failure to protect his daughter. Justin Grosz and Stacie Schmerling, partners with Justice for Kids® at Kelley Kronenberg, represented Makenzie’s father and grandmother in the case, which alleged that the child protection investigator, under the auspices of BSO at the time, could have done more to further investigate previous injuries and keep Makenzie safe while in the care of her mother and her mother’s roommate. Link to Results & Verdicts

Child abuse attorneys Howard Talenfeld and Stacie Schmerling represented the estate of a 14-year-old foster child who died by suicide while live streaming on Facebook from her foster parent’s bathroom. The lawsuit, filed in the Eleventh Judicial Circuit in Miami-Dade County, FL, brought civil rights and negligence claims against Florida Department of Children and Families, private child welfare agencies, and foster parents for operating a system of care with insufficient therapeutic placements and a lack of services, and for failing to protect the child from abuse, neglect, and mental health deterioration while in foster care. Link to Result Pages .( Read more from the Miami New Times here. – Link to PDF “03-05-2019 Miami New Times Before Foster Child Naika Vevant’s Suicide on Facebook Live, Florida Failed to Help Her”)

In 2003, one-year-old Latiana Hamilton drowned in a bathtub, and her three-year-old brother was horribly abused by foster mother Lena Cumberbatch with a belt and ironing cord. Justice for Kids® attorney Howard Talenfeld was instrumental in filing civil rights complaints for her and her brother, paving the way for many other children to recover for their injuries. Substantial recoveries were made on behalf of these children. Link to Case on Result Pages.

Howard was there to obtain the opinions of the best expert treaters, medical professionals, and a life care planner to ensure that Angela received the maximum damages recovery, that the proceeds were placed in an appropriately designed Medicaid Special Needs Trust, and that she could receive all of the public benefits she needed as both a child and an adult. And, if the recoveries are not enough to sustain Angela throughout her life, Angela through her attorneys has a right under the settlement with DCF to pursue a claims bill from the Florida Legislature to supplement the money she recovered from the agencies who injured her and their insurers.

This lawsuit was filed in Lake County, FL against DCF and private community-based child welfare providers for negligent investigation and failure to protect two young children from foreseeable abuse and neglect in the care of their mother and her paramour. Despite the high-risk factors present due to unexplained injuries to both children, the family was placed under Voluntary Protective Supervision with no court oversight.  The family relocated from Osceola County to Lake County, FL and the case was closed without court intervention despite the significant risk to the children.  Four months later, the boy, who was sixteen months old, died from abuse and was found to have numerous fractures in various stages of healing and a skull fracture. The girl, who was two years old, witnessed her brother’s murder and was also found with several fractures and other injuries. The case settled against DCF for sovereign immunity limits of $200,000 and for an undisclosed amount as to the private agencies.

Tragically, the child overdosed in the facility from drugs that he obtained because of lax and negligent safeguards from preventing children from bringing illegal drugs into the facility. Our investigator was able to interview and obtain statements from several children who previously were in treatment at the facility who would testify how the drugs were obtained.

The Autistic child’s family received an undisclosed settlement amount from a Miami-Dade, FL group home and psychiatrist who over-prescribed psychotropic medications resulting in the death of the child. Link to Case on Results page.

*Most cases result in a lower recovery. Results may not be typical and reflect awards before deduction for attorneys’ fees and expenses. It should not be assumed that your case will have as beneficial a result.