Lancaster Co. day care settling child's broken arm claim for $10K; Origin of injury unclear

By Olivia Olsen | Aug 16, 2017

LANCASTER – The Lancaster County Court of Common Pleas court approved a motion to settle in a matter involving a minor and a Denver child care facility he attended as an infant.

The matter, brought against Tomorrow’s World Early Learning Center Inc. by parents Matthew R. and Nicole Tubbs, was resolved on June 7 for $10,000, part of which will be put into a structured settlement annuity for the male child. 

The now 2-year-old child’s mother dropped him off at the learning center on the morning of July 23, 2015. Approximately one hour later, the woman was contacted by an employee with the learning center who claimed the child was acting “fussy and agitated,” the petition for approval states. 

Upon pickup, the mother determined that something was not right with the infant and elected to take him to Roseville Pediatrics.

The child’s pediatrician suspected he had sepsis and recommended the mother take the infant to Lancaster General Hospital, the petition states, where the child was diagnosed with a fractured humerus in his right arm, prompting an investigation conducted by the state’s Children and Youth Services department.

Children and Youth Services looked into both the home and the learning center in its investigation, but was unable to find any conclusive explanation for how the child sustained his injury, according to the petition. By Nov. 17, 2015, the child’s arm was healed and he was determined to be “in good health,” the petition states.

The petitioners and learning center continued to disagree on how the child came to have a fractured arm, forcing the latter’s insurance company, Cincinnati Insurance Co., to step in. An offer of $10,000 was granted by the insurance company and accepted by the parents on behalf of the minor.

Of the settlement funds, $5,000 will go into the aforementioned structured settlement annuity which the child will not be able to touch until he reaches 25 years of age. An additional $2,500 will be distributed to the parents’ attorney for services and fees, and the remaining $2,500 will go to medical expenses incurred.

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