|
Archive for the ‘Damage Claims’ Category
Justice for Kids, a division of Kelley Kronenberg, is pleased to announce the division and several of its attorneys have been recognized on Top Verdict’s list of the top 50 plaintiff’s jury verdicts obtained in Florida in 2023. These include:
- $15 million verdict on behalf of a brain-damaged 8-year-old child in a damages case against DCF for negligent investigation
- $13.5 million verdict in a negligent adoption case against Jewish Family and Community Services, Inc.
- $4.5 million in damages in a wrongful death case involving the Broward Sheriff’s Office
(more…)
Children across Florida who have suffered rape, child sexual abuse, child abuse, and other personal injury often wait years to receive damage awarded by the court or juries – if they ever receive the money at all. Claims bills now before the Florida Legislature could make money available to help these victims receive the money they desperately need.
In one example, a Wellington boy, 9, was sexually assaulted by a foster child his parents had agreed to raise, not knowing the boy had suffered sexual abuse and had become a child-on-child predator. A Palm Beach County jury in 2013 found that the Florida Department of Children and Families was negligent and awarded the boy $5 million for damages and what could be a lifetime of treatment and therapy.
He’s yet to receive any money. “He’s living a life of paralysis,” said Howard Talenfeld, the attorney representing the now 22-year-old man.
(more…)
For want of a criminal and personal background check, a young child was allegedly sexually abused by a foster parent after being placed in the man’s care by contracted providers, welfare providers Kids in Distress Inc. and ChildNet Inc. The two companies were hired by the Florida Department of Children and Families to vet foster parents and place children. Instead, all three – as well as the foster parent, whom the child claims sexually abused him.
“According to the lawsuit, the child — identified only as R.S. — claims 56-year-old John Michael McGuigan of Broward County sexually abused him while the child was under his care. But the lawsuit says there were multiple glaring red flags the agencies failed to see when McGuigan applied to become a Florida foster parent in 2008,” writes Broward New Times.
(more…)
The warning signs of child abuse, neglect and eventually possible wrongful death were etched across little J.B.’s reportedly horrible life as a child adopted by Carmen and Jorge Barahona. J.B. always was close at hand as Nubia Barahona, 10, and her twin brother, Victor, were allegedly physically abused, starved and mistreated. Teachers said Nubia Barahona would arrive at school unkempt and withdrawn and she would hoard or steal food. Eventually, Nubia was found dead in Jorge Barahona’s truck, while Victor suffered serious injury. Jorge Barahona is facing trial for trying to kill Victor; Carmen stands trial for the first degree murder of Nubia.
Now, it’s J.B.’s turn. The Miami-Dade County child who suffered years of abuse by her adoptive parents filed a lawsuit this week against the Florida Department of Children and Families and three of its employees.
According to the complaint, “J.B” was physically, sexually and emotionally abused by the Barahonas starting in 1999, when she was placed in their care by the Florida Department of Children and Families. The abuse lasted until she finally was removed in 2011 upon Nubia Barahona’s death.
(more…)
In this Palm Beach Post editorial, staff editorial writer Rhoda Swan argues that it’s long-past time that Florida legislators change their stance and process regarding claims bills necessary to pay multi-million dollar damage awards against state agencies like the Florida Department of Children and Families. As advocates have long said, reform the system, and pay the damage awards.
As Swan wrote, “A Wellington family awarded $5 million for the sexual abuse perpetrated on their son by a foster child must get in line with at least 25 other victims of government negligence in Florida.
“The judgment against the Department of Children and Families will become another ‘claims bill,’ which the Legislature must approve before the family is paid. Legislators passed no claims bill last session, because Senate President Don Gaetz, R-Niceville, wants to reform the system first.
“…Attorney Howard Talenfeld will lobby legislators to pay [the family]. Sen. Gaetz dislikes the role lobbyists play, but the system is the problem. Legislators should remove the politics by increasing what governments can pay without legislative approval. Delayed reform means delayed justice.”
Read the entire column here.
When a six-member jury decided that the sexual assault of one child by a foster child who was known to be a juvenile sex offender by the Florida Department of Children and Families and its community-based care providers could have been avoided and should have consequences, they were reiterating what child advocates have said all along. Their $5 million verdict against Florida DCF only drove home the point even more forcefully.
Was history repeating itself in the Palm Beach County courtroom, where testimony of the sexual abuse and humiliation suffered by the victim brought tears to the plaintiff’s attorney and jurors alike?
DCF and community-based care providers failed to warn the foster family of the 10-year-old foster child’s own history of violent sexual abuse. Then, after the abuse occurred, they tried to deflect blame and say the foster parents should have known. Child advocate attorney Howard Talenfeld was co-counsel on the case. Read the newspaper account here.
(more…)
Attorneys for a man who as a child suffered sexual abuse by a foster child taken into his family home had a Palm Beach County courtroom in tears – and foster child advocates again wondering when the Florida Department of Children and Families and its community-based care providers ever would learn the lessons of the past.
The family was not told by DCF of the sexual abuse the foster child had suffered from less than two years of age – abuse that transformed him into a sexual predator. Instead, he was placed with the family.
As jurors heard of childhood games gone horribly wrong, “… [a]ttorneys representing DCF and Camelot [community care] have countered that the couple knew enough about [the foster child’s] background to understand the potential risk he posed to [their son].”
The foster child was known to be a juvenile sex offender. Shame on DCF for not warning another family of the full and complete history of a foster child. Several years ago, DCF paid $10 million in damages under very similar circumstances.
When will DCF learn the lessons of the past?
The Florida Department of Children and Families and a community-based care provider are at the center of a civil lawsuit seeking damages filed in Palm Beach County by a foster family whose foster child was a known sexual abuser who abused their natural son.
The foster child suffered a past that left him “so horribly damaged” – a past the two social service agencies should have warned them of, according to their complaint and news reports.
The family is seeking unspecified damages against Florida DCF and Camelot Community Care, a nonprofit child welfare group hired by DCF to oversee the foster child’s case. Instead, the agencies cast blame upon the foster family.
To attorneys, though, the case is clear. DCF made a high-risk placement without informing the plaintiffs that the foster child was sexually aggressive. DCF permitted the foster child to share a bedroom with an 8-year old boy and violated its own procedures designed to protect against sexual abuse,” Howard Talenfeld, co-counsel for the family, said later. “Camelot Community Care, DCF’s expert hired to treat this child, assess risk and provide therapy, violated the same procedures and failed to take the necessary actions that would have protected both children.”
The trial is expected to last four weeks.
A $2.2 million settlement negotiated by attorneys for two young girls who were repeatedly sexually abused by their mother, even after experts warned and judges admonished community based care provider ChildNet Inc., and the Florida Department of Children and Families, recently was profiled in South Florida publication, Daily Business Review.
As part of the settlement, ChildNet will pay its maximum policy limit of $2 million; DCF, which contracted ChildNet for services, will pay its statutory cap of $200,000. Read the story here.
According to news releases, ChildNet and DCF refuse to accept any responsibility for their repeated and gross negligence, regardless of the settlement, said Joel Fass, a partner with Colodny Fass Talenfeld Karlinsky Abate & Webb P.A., who along with Howard Talenfeld and Stacie Schmerling were the plaintiffs’ counsel.
(more…)
A letter by Florida child advocacy attorney Howard Talenfeld was published today in the Daily Business Review’s Practice Focus section. Entitled, “Disability Rights: More Must Be Done for At-Risk Children and Their Parents,” the letter noted how advocates can only hope that state leaders learn that cutting budgets at the expense of at-risk children rarely delivers the result one expects – and it could lend to a class action that is certified and a federal court injunction.
Talenfeld, of Colodny, Fass, Talenfeld, Karlinsky, Abate & Webb, wrote that, “To any Florida attorney who fights to protect the rights of and prevent damages to severely disabled children, the past several years have been tough to watch.
“Children with highly complex medical conditions and who had been cared for by their parents or guardians have been wrongly denied skilled, private duty nursing hours to assist in the care. Left little choice, some parents were forced to send the children to institutions, including nursing homes.
“Many children suffered. A few died.”
Read Talenfeld’s entire letter here.
In a 15-year-old court case against a “colossal breakdown” of New York City’s foster care system, damages were awarded to 10 disabled people whom their plaintiff attorney said were fraudulently adopted and subsequently subjected to years of horrible child abuse and physical abuse. The $9.7 million award settlement for damage claims in the case of foster parent Judith Leekin, who moved to Florida and now at 67 is in prison for a fraud conviction, comes at “a crucial time” for the plaintiffs, said plaintiff attorney and Florida child advocacy lawyer Howard M. Talenfeld, as quoted in the New York Times. The former foster children now are mostly in their 20s. Some are homeless. All have special needs, from physical and developmental disabilities, to retardation and autism. Because of the precariousness of the plaintiffs’ situation, Talenfeld told the paper, trusts or structured settlements will be used to ensure they “will have resources to protect them in the future.”
City officials admitted no fault in the settlement. The city was the first of four defendants in the case. Cases against three private adoption agencies that had contracts with the city are pending. In all, Ms. Leekin collected $1.68 million in foster child subsidies by using aliases to adopt the children. Instead of providing them care, she restrained them with plastic ties and handcuffs, beat them with sticks and hangers – and personally lived a lavish lifestyle.
Read the entire story here.
The death of Marie Freyre – a 14-year-old child with cerebral palsy and prone to seizures – is a sad example of a preventable wrongful death that attorneys believe could result in a civil damages case and damage claims. One newspaper called her example a “bitter reminder of a dog fight” being waged between federal civil rights lawyers and the state health administration officials who attorneys and advocates accuse of warehousing sick and disabled children in adult nursing homes.
The agencies responsibility for cutting private duty nurses to Marie and others like her must be held accountable civil damages cases.
“The U.S. Justice Department’s Civil Rights division has threatened to sue the state if it does not take steps to care for sick children outside of large institutions,” the Miami Herald wrote.
“Records obtained by The Miami Herald from the state agency that has defended the practice of housing children in nursing homes, as well as records from other agencies and advocacy groups, show the children in such facilities often receive little education, are provided few activities and can suffer grievous neglect,” the paper reported. “Two of the six nursing homes that house children are on the state’s ‘watch list’ of deficient facilities; one is on both the state list and a federal “special focus” list of marginal homes.”
Read the entire story here.
|
-
Chicago, IL – January 31, 2025 – NPR Illinois- DCFS launches new app for caseworkers and families The state of Illinois is rolling out a new app to help parents of abused and neglected children better communicate with their Department of Children and Family Services [DCFS] caseworkers and with other service providers.
Broward County, FL – January 30, 2025 – The Sun-Sentinel- Broward Sheriff’s Office will stop staffing juvenile detention center in May Blaming staff shortages and an unsafe building to work in, the Broward Sheriff’s Office will no longer send deputies to work at the state’s Department of Justice’s Juvenile Assessment Center.
Vernon, CT – November 19, 2024 – WLBT- Woman left 4 kids home alone in ‘filth’ for days while she took a trip to New York, police say A woman in Connecticut is accused of leaving her four kids alone for days while she took a trip to New York, according to authorities.
Flagler County, FL – November 10, 2024 – CBS 12- Flagler County middle school employee accused of attacking disabled student An employee at Indian Trails Middle School has been accused of child abuse after she was caught on camera striking a disabled student in an unprovoked attack.
Chicago, Il – November 8, 2024 – CBS News Chicago- Troubled teen who escaped DCFS caseworkers was not placed into secure facility after being found A 17-year-old with a violent history escaped from his caseworkers in Chicago last month, and it turns out the foster child in the care of the Illinois Department of Children and Family Services was not placed in a secure facility recommended to the state after being brought back into custody.
Jacksonville, FL – September 20, 2024 – Action News Jax- Duval County teacher under investigation after 8-year-old is injured A Beauclerc Elementary School teacher is being investigated by Duval County Public Schools after a physical incident with an 8-year-old student.
Miami, FL – September 3, 2024 – Miami Herald- Rising costs of care could strain funding for Florida program for brain-damaged kids Facing withering criticism from parents, advocates, lawmakers and insurance regulators, Florida’s compensation program for children born with catastrophic brain injuries opened its bank account three years ago and improved the lives of some of the state’s most disabled children.
Orlando, FL – September 2, 2024 – Orlando Sentinel- Autism drowning deaths prompt push for children’s specialized swim lessons Drowning is the number one cause of death for kids with autism and Florida leads the nation in fatalies.
Aventura, FL – August 5, 2024 – WSVN News 7- Parents arrested after leaving toddler in hot car while they shopped at Target in Aventura, police say A man and woman were arrested on child abuse charges after allegedly leaving their 2-year-old child in a hot car while they shopped at Target in Aventura.
Austin, TX – July 18, 2024 – WPLG Local 10- Largest housing provider for migrant children engaged in pervasive sexual abuse, US says Employees of the largest housing provider for unaccompanied migrant children in the U.S. repeatedly sexually abused and harassed children in their care for at least eight years, the Justice Department said Thursday, alleging a shocking litany of offenses that took place as the company amassed billions of dollars in government contracts.
Daytona Beach, FL – July 9, 2024 – WESH 2- Police: Man arrested in Daytona Beach after dangling, dropping child off second-floor resort balcony A 31-year-old man was arrested on Saturday after allegedly dropping a 4-year-old off the second floor of a Daytona Beach resort, according to an affidavit from the police department.
Palm Coast, FL – July 7, 2024 – WSVN 7- Florida woman charged with child neglect after good Samaritan finds 2-year-old son wandering near busy road alone A good Samaritan found a 2-year-old boy wandering in a Florida neighborhood all alone, and now the child’s mother is facing charges after she was found fast asleep inside their home.
Homestead, FL – May 16, 2024 – WPLG Local 10- Homestead couple accused of murdering their 6-month-old baby girl Two 24-year-old parents brought their 6-month-old to Homestead Hospital in cardiac arrest Sunday afternoon; doctors found that the baby had no pulse and signs of severe child abuse, according to police.
Brevard County, FL – May 16, 2024 – WESH 2 Orlando- Family sues Brevard County day care for alleged child abuse and negligence An incident at a Brevard County day care involving a child and teacher has led to more allegations of child abuse and negligence after the Department of Children and Families studied surveillance video.
Chicago, IL – May 7, 2024 – WSIL – TV- Lawsuit alleges pervasive child sexual abuse at Illinois juvenile detention centers for decades A group of 95 people filed a lawsuit in Illinois on Monday alleging they were sexually abused as children in juvenile detention centers across the state for over two decades.
Wildwood, FL – May 4, 2024 – Fox 35 Orlando- Florida DCF worker accused of abusing 11-year-old foster child A Kids Central employee was arrested after he aggressively threw an 11-year-old foster child onto a couch and hurt her, according to an arrest affidavit from the Wildwood Police Department.
Tallahassee, FL – May 3, 2024 – The Tampa Bay Times – Nearly 600,000 Florida kids shed from government health care, study says Nearly 600,000 Florida children lost their government-provided health insurance last year after the federal government ended the national COVID-related health emergency, more than any other state except Texas, according to a newly released report by the Georgetown Center for Children and Families.
Miami, FL – April 22, 2024 – WSVN 7- Mother charged with child neglect after dropping baby in water at Miami Beach while intoxicated, police say
A judge on Monday had words of advice for a mother accused of being under the influence while caring for her young child.
St. Petersburg, FL – April 10, 2024 – WPLG Local 10- DeSantis signs 5 bills to crack down on sexual predators Florida Gov. Ron DeSantis held a press conference in St. Petersburg Wednesday morning.
Tampa, FL – March 24, 2024 – News Channel 8- Toddler suffers 2nd, 3rd degree burns at Florida day care, family says A 10-month-old in Central Florida faces months of recovery, surgeries, and treatments after 30% of his body was burned while at day care, NBC affiliate WESH reported.
Chicago, IL – March 8, 2024 – The Center Square- Legislator questions whether new DCFS director brings needed changes Concern is growing that conditions at the long-troubled Illinois Department of Children Family Services may be getting worse for many of its abused or neglected children.
Largo, FL – March 6, 2024 – Fox 35 Orlando- Parents arrested after fleeing with 3 children from Largo custody meeting: Police Two parents were arrested and booked into the Pinellas County jail after taking off with their three children from a mandatory visit at the Department of Children and Families office in Largo.
Miami, FL – February 5, 2024 – The Miami Herald- Florida man who faced death penalty over child sex abuse takes life-in-prison plea deal Though Florida prosecutors sought the death penalty for a man accused of sexually abusing a child, making use of a new law Gov. Ron DeSantis signed last year, the accused man instead pleaded guilty and was sentenced to life in prison.
Miami, FL – January 31, 2024 – The Miami Herald- After Herald investigation, women report coach’s alleged sexual abuse to Key Biscayne police A woman who says she was repeatedly sexually abused 13 years ago by a Key Biscayne gymnastics coach finally told her story to police on Tuesday.
|