Results
The attorneys with Justice for Kids have spent decades fighting for abused, disabled and injured kids in foster care and other child welfare settings in personal injury and damages cases. Below is a sample of some of our most successful results.
Disclaimer: 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.
Jacksonville Jury Awarded $13.5 Million in Negligent Adoption Case
The adoptive parents of a young boy with special needs have been awarded $13.5 million in damages against Jewish Family and Community Services, Inc. (JFCS) for negligently misrepresenting and failing to disclose material facts related to his history during the adoption process. The jury found that JFCS acted with wanton and willful disregard for the human rights and safety of the family and adoptive child.
Jury Awarded $15 Million to Brain Damaged 8-Year-Old Child in Damages Case Against DCF for Negligent Investigation
In one of the largest jury awards in Florida history, 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.
Jury Awarded $4.5 Million in Damages in Wrongful Death Case Involving Negligent Abuse Investigation by Broward Sheriff’s Office
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.
Residential Treatment Facility Settles Violent Child-On-Child Rape Claim for $4 Million
As a resident of Tampa Bay Academy (the Academy), a young boy (“TB”) was repeatedly and violently raped, sodomized and sexually abused by other residents who were minors with known histories of sexual and physical aggression, especially against younger, more vulnerable children. TB was a small child who was developmentally disabled, deaf and had an IQ below 60. Academy officials knew that TB and vulnerable children like him were being left alone with dangerous sexual predators; some were even caught in the act of rape.
Law Firm for Eight Abused Former Foster Care Children Settle With NYC, Child Care Agencies for $26 Million
Attorneys representing eight developmentally disabled foster children who were placed in what one judge called a “house of horrors” foster home settled with New York state adoption and child welfare agencies and their state-contracted providers in 2014 for $26 million.
Florida Department of Children & Families Hit With $5 Million Verdict in Child-On-Child Sex Abuse; Governor Scott Signs $5 Million Claims Bill for Child Sexually Abused by Foster Boy Living in the Home
In 2013, a Palm Beach County jury returned a $5 million verdict against the Florida Department of Children & Family Services on behalf of a child, CMH, who was repeatedly raped by a known child-on-child sexual predator. Child sexual abuse lawyer Howard Talenfeld represented the family in the case.
$1.2 Million Claims Bill Obtained from Florida Legislature on Behalf of Developmentally Disabled Child Impregnated in a Foster Home
Claims bill for Relief of Pierreisna Archille, a mentally disabled person, by and through Darlene Archille, for injuries and damages sustained as a result of the negligence of employees of the Department of Children and Family Services.
DCF, Care Providers Settle Lawsuit with Child Left Brain Damaged After Near-Drowning
Howard Talenfeld, on behalf of representatives for Angela, a 2-year-old foster child left brain-damaged after a near-drowning, brought suit in Pinellas County, Florida, against the Florida Department of Children and Families, foster parents Ronald and Joyce Bryson, and private care providers Help a Child Inc., and Family Continuity Program, Inc. The parties settled to ensure Angela would receive the skilled medical care her doctors said she would need for the rest of her life.
Girls Sexually Abused by Mother Earn $2.2 Million Settlement from ChildNet and Florida Department of Children and Families
Child sexual abuse attorney, Howard Talenfeld, negotiated a $2.2 million settlement with a community-based care provider for two young girls who were repeatedly sexually abused by their mother, even after experts warned she was a threat to their safety. The case became an example of threats and warnings ignored and responsibility denied.
Children’s Civil Rights Lawyers Settle Lawsuit for Undisclosed Settlement Amounts for Foster Child Who Livestreamed Suicide on Facebook
Child abuse injury lawyers 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 alleged that several parties failed to protect the child from abuse, neglect, and mental health deterioration while in foster care.
Case Involving Abuse and Drowning
This case involves the tragic circumstances that led to the injury of three-year-old R.M. and the death of his one-year-old sister. Justice for Kids® attorney Howard Talenfeld was instrumental in filing civil rights complaints for the children, paving the way with legal precedent for many other children to recover for their injuries.
Unreported Child-On-Child Sexual Abuse Leads to Settlement for Two Developmentally Disabled Boys
Florida child abuse attorney Howard Talenfeld represented two developmentally disabled, minor boys who were placed in a series of group homes and left to suffer repeated physical, emotional and sexual abuse by other children and staff. Attorneys negotiated a settlement with the facility’s owners and then worked with experts who formulated life care plans for the sexually abused, developmentally disabled children.
Developmentally and Physically Disabled Foster Child Subjected to Abuse and Neglect in Foster Care in Florida and Languished in Foster Care for Years Without Receiving Appropriate Disability Services
Over a sixteen year period, DCF and its private contracted community based providers in Miami-Dade County, FL failed to have the child appropriately assessed, failed to provide an increased foster care board rate despite the child’s significant needs, failed to ensure the child received services from the Agency for Persons with Disabilities, and put financial incentives of management ahead of helping foster children.
Broward Sheriff’s Office Questioned for Management of Abuse Allegations Involving Infant Who Suffered Injuries, Brain Damage
A $1.575 million settlement brought an abrupt end to a Fort Lauderdale trial that questioned the Broward Sheriff’s Office for its management of abuse allegations involving an infant who suffered injuries and brain damage, the South Florida Sun-Sentinel reported.
Abuse of 4-Month-Old Child Leads to Settlement With Community-Based Care Provider
Florida child abuse attorney Howard Talenfeld represented the family of a 4-month-old girl who brought suit against a community-based care provider for placing the girl at “substantial risk” for continued abuse and for failing to offer voluntary protective services (“VPS”) to prevent such further risk.
Wrongful Adoption Case Leads to Civil Rights, Negligence Claims and Settlement With DCF and Private Providers
A 2012 settlement negotiated for an undisclosed sum negotiated by child abuse attorney Howard Talenfeld against the Florida Department of Children and Families and various private providers settled a horrific wrongful adoption, negligence and civil rights case. Talenfeld argued the defendants were deliberately indifferent to and neglected the child’s essential needs after he was removed from his parents by state child protection agents.
$1.9 Million Settlement for Abused, Disabled Child Just Prior to the Death of His Adoptive Parent, On the eve of trial
J.F., an abused, disabled child from Miami-Dade County, FL, received a $1.9 million settlement because of civil rights violations after asserting claims against employees of Florida’s Department of Children & Families for failing to remove him from an abusive group home where he was sexually assaulted by other children. A trust was created with the settlement proceeds, which was placed in a trust just before his adoptive parent passed away. The proceeds from this special needs trust still provide support for J.F. to this day.
Attorneys Settled Case for Trafficked Child Against Child Welfare Agencies and Motel for Undisclosed Sum
Justice for Kids® attorneys Stacie Schmerling, Howard Talenfeld and Justin Grosz represented a former foster child in a federal lawsuit filed in the Southern District of Florida against community-based child welfare agencies and an emergency shelter for failure to protect the then 17-year-old foster child from being sold into sex trafficking in 2012 and held captive in a Fort Lauderdale hotel. The case settled for an undisclosed amount against the child welfare agencies responsible for failing to provide her an appropriate placement and for placing her into the custody of the traffickers. The claim was also settled for an undisclosed amount as to the motel that turned a blind eye and knew she was being victimized in the hotel.
Private Community-Based Lead Agency and Subcontractor Fail to Protect Foster Child from Physical and Emotional Harm in Group Home
Child abuse attorneys Howard Talenfeld and Stacie Schmerling represented a former foster child in a case in Miami-Dade County, FL, against a private community-based lead agency and its subcontractor for failing to protect the child from physical and emotional harm in a group home when he was the victim of a “cockfight” encouraged by a group home employee.
Private Agency Places Foster Child with Known Pedophile
A foster boy was placed in the Broward County, FL, foster home of a pedophile by a private agency that failed to locate prior arrest records and police reports that should have prevented the licensure of the home. Florida Administrative Code requires all licensing agencies to obtain copies of reports of local law enforcement agencies where the foster care applicant has lived. In this case, the agency omitted finding local law enforcement reports that would have revealed an arrest for soliciting sex from a teenager in a shopping center, as well as other reports that would have been red flags.
Case Against Private Agency That Owned and Operated an Emergency Shelter for Failure to Protect Child from Sexual Assault by Male Employee
Florida child abuse attorneys settled a case on behalf of a 16-year-old girl against a private agency that owned and operated an emergency shelter in Palm Beach County, FL, for failure to protect the child from sexual assault by a male shelter employee.
Lawsuit Filed in Broward County Against DCF and Private Community-Based Agencies Located in Polk County and Volusia County on Behalf of a Child Who Had Been Sexually Abused by His Parents and Exposed to Domestic Violence
The child was reunified with his biological parents despite warnings that he was at significant risk of harm. The father drove the family to Broward County, FL, where he shot a man and held the family hostage. This resulted in a SWAT standoff during which time the father stabbed the child, stabbed the child’s non-verbal autistic brother to death, stabbed the mother, and stabbed himself to death.
Firm Earns Consent Decree Leading to Reforms, Increased Budget in Broward County Foster Care System
In 1998, Howard Talenfeld instituted a class action with the Youth Law Center against the Department of Children and Family Services (“DCF”) in the case of Ward v. Kearney. The case led to a consent decree, significant institutional reforms, and a near-tripling of the budget for the Broward County, Florida, foster care system.
Firm Sues Florida Dept. of Children & Families, Settles Negligence Case for $14.26 Million
On January 26, 2001, DCF removed sixteen minor children and two developmentally disabled adults from the Gainesville, Florida home of Nellie Johnson due to allegations of egregious abuse and neglect. The children, who had all been adopted, reported that they were subjected to horrific abuse: Nellie Johnson repeatedly and without mercy beat them on a daily basis with pipes, boards, and her fists, subjecting them to physical and psychological torture. However, this wasn’t the first report that DCF had received that Johnson was abusing her twenty-three adopted children.
Abused Florida Foster Children Win $2.9 Million in Landmark Civil Rights Decision
The Eleventh Circuit Court of Appeals in Atlanta upheld the right of three foster siblings to sue for damages resulting from sexual abuse committed against them while in foster care. The precedent-setting decision (H.A.L. v. Foltz) focused on the unsupervised placement of three pre-school-aged foster children with two adolescent and teenage foster kids known to be sexual predators. Left alone together in the same home, the younger foster children reportedly were repeatedly raped by the older boys.
Civil Rights Lawsuit Win Brings Sexually Assaulted & Neglected Siblings $5 Million Settlement
This was a precedent-setting federal civil rights claim brought by six siblings (collectively called “John Roes” to protect the minors’ identities) who were egregiously physically, sexually and emotionally abused and neglected in a foster/adoptive home in Broward County, Florida.
Firm Makes Damage Recovery in Undisclosed Amount and Establishes Precedent For Civil Statutory Damages Claim for Developmentally Disabled
In Baumstein v. Sunrise Communities, 738 So. 2d 420 (Fla. 3d DCA 1999), Howard Talenfeld successfully argued to the Third District Court of Appeal to establish a private cause of action for damages based upon the violation of Florida’s Bill of Rights for the developmentally disabled under § 393.13, Florida Statutes.
Lawsuit Against Private Child Welfare Providers and Individual Employees for Allowing Child’s Mental Health to Deteriorate
This lawsuit was filed in the Middle District of Florida against private child welfare providers and individual employees on behalf of the estate of a seventeen-year-old foster child who died while she was on runaway. The suit brought wrongful death and survival claims under state law causes of action and civil rights violations, alleging the defendants allowed the child’s mental health to deteriorate while in foster care and encouraged her to run away.
Civil Rights Claims Involving 42 USC § 1983 Asserted Against Crisis Stabilization Facility (CSU)
This civil rights lawsuit involved a claim by a foster child pursuant to 42 USC § 1983 in federal court in Palm Beach County, FL and for negligence against various Florida Department of Children & Family employees and a private mental health crisis stabilization unit for violating the due process rights of a foster child who was confined for almost one year in a crisis stabilization unit because there were no appropriate placements for discharge. The Plaintiff settled this lawsuit against the private agency for an undisclosed amount and the DCF and its employees for $1.6 million.
Autistic Child’s Family Receives Undisclosed Settlement Amounts from Doctor and Group Home Alleged to be Responsible for the Death of a 12-Year-Old Child with Autism
A Florida woman who sued a psychiatrist and a now-closed group home, saying they caused her autistic son’s death by giving him too much medication, filed her malpractice lawsuit seeking damages from the doctor and group home that owned a chain of group homes shut down by the state of Florida in 2007.
Attorneys Establish Standard Used to Determine Eligibility Based Upon Intellectual Disability in State of Florida
In this important case, Howard Talenfeld established the standard used to determine eligibility based upon intellectual disability in the State of Florida when, for more than 20 years, the state of Florida arbitrarily denied eligibility to persons who met the threshold established by the Florida Legislature. Webb established the law that the Agency for Persons with Disabilities cannot pick and choose between available full scale IQ scores to defeat eligibility but rather must consider all scores in making its determination and then look to the person’s adaptive or survival skills in determining eligibility.