Children Injured at Home by their own Parents

There are far too many children who have continued to experience abuse in their homes by their parents or paramours after such abuse has been reported multiple times to investigators for child protection systems like DCF, Department of Children & Families Services, child protection agencies or the Sheriff’s or police officers. Sadly, these children may be ignored by states’ child protection systems, left in their homes risking serious injuries, sexual abuse, medical neglect, exposure to illicit drugs or even death. Child Abuse lawyers from Justice for Kids® have made the following damage recoveries and verdicts:

 In one of the largest jury awards in Florida history of its kind, a young girl has been awarded a $15 million verdict against the Florida Department of Children & Families (”DCF”) for negligently investigating abuse reports that her mother had abused drugs endangering the child.  The eight-year-old girl who is referred to as H.H., was tortured and suffered permanent traumatic brain injury and quadriplegia from repeated episodes of abusive head trauma and is now completely dependent on others for all aspects of her daily functioning.  Stacie Schmerlingand Lisa Elliott, attorneys with the Justice for Kids® Division of Kelley Kronenberg, represented H.H., by and through her permanent guardian Michele Mitchell in this lawsuit.  (Link to this case on Results Pages)

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.

Florida child abuse attorneys sued child welfare agencies, a substance abuse provider, and a hospital in Pinellas County, FL on behalf of a child who suffered permanent brain damage and other injuries due to malnutrition and neglect when he was just six months old. The child was born substance exposed to a mother with an extensive substance abuse history and prior child welfare history. The child was left in his mother’s care and the family was placed under voluntary “diversion” services for approximately three months. The child sustained his injuries six weeks after the diversion case closed.

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 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 to have had 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.

*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.