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Daycare causes infant skull fracture

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Grape_ape1961

Junior Member
I have a 16 y/o daughter (Joann) who placed 2 m/o infant in schools dropout prevention program daycare. Totally funded by school and located at avo-tech across the street. Sept 19th '03, daycare called Joann at school around 1pm to tell her that there "had been an incident at the day care earlier that am and that attendant holding infant was holding baby and tripped over a box in the floor, fell to her knees. The infant was fine and never made contact with anything. That the nurse had checked her out and she was okay. They were just calling because the infant was crying continuously. But she was okay so Joann could go back to class". My daughter picked her up an hour later. The daycare had her ready in the carseat with the head protector on and she was asleep. (This was a Friday and as soon as the mothers pick up the babies after school they close and leave.) My daughter went to bustop and infant awoke and begin a a painful cry. She didnt stop. My daughter caught bus home and called me , said there was a lump on babys head at temple and I could hear baby crying. I took baby to E.R. where surgeons determined she had suffered a skull fracture. We were at hospital 2 days. CPS was called. we were investigated. So was daycare.
According to surgeon and police the fracture was caused at daycare. Police told me to get a lawyer as the correct procedures were not followed at all regarding the incident. I did 2 days later. Baby is now 16 months old and several CT scans later seems to be fine. Now the DRs cant say that nothing else will come of this later on, nor can they say it will. My lawyer has been in touch with their lawyer and their 1st offer was to pay $7500. + medical which is about $7000. This is still their offer. I am afraid I don't understand this at all. It's like a slap on the wrist for what could have been a fatal incident. The thing is , if they had called Joann immediately and told the truth and offered to pay medical I would have understood and taken no further action. I did this because they lied, and hid information and tried to cover this up. My lawyer says the next step is mediation but doesnt hold any expectations of any diffrent outcome so I am seeking a second opinion.
 


djohnson

Senior Member
You can't get paid for what could have beens, only actual damages. If you don't think the amount they are offering is good enough for future or for paid and suffering, it's your option but in my opinion from what you have said, I think your chances of getting more are slim.
 

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