PITTSBURGH – A Western Pennsylvania couple are suing custodial and medical authorities for removing their then-eight month old son to foster care for two and a half weeks, on the incorrect suspicion that they were the cause of his broken leg.
Kenan Gajarov and Lala Jamalova (as legal guardians and natural parents of minor R.G.) of Wexford filed suit in the Allegheny County Court of Common Pleas on May 12 versus the Allegheny County Office of Children, Youth and Families, Allegheny County Department of Human Services Director Marc Cherna, the University of Pittsburgh Medical Center Children’s Hospital and its Assistant Professor of Pediatrics and Physician Dr. Adelaide Eichmann, all of Pittsburgh.
On Sept. 16, 2018, the plaintiffs brought their then-eight-month-old child, R.G. to the pediatrician when he awoke in the early morning hours, inconsolably crying. The doctor diagnosed him with teething pain and prescribed Tylenol to treat it.
The following day, Sept. 17, 2018, the parent plaintiffs noticed something was wrong with R.G.’s leg and he was still in considerable pain. After reconvening with the pediatrician, the plaintiffs were directed to take the child to UPMC for evaluation, where he was diagnosed with a broken right leg.
“On or about Sept. 17, 2018, defendant Allegheny County Office of Children Youth and Families (OCYF) received a report about the minor child and his injuries. OCYF consulted with Dr. Adelaide Eichmann of the Children’s Advocacy Center,” the suit states.
“Dr. Adelaide Eichmann reported that the minor child was not mobile, due to low muscle tone, and would not have been able to cause this tibia fracture on his own, yet seemingly sought no further consult from pediatric orthopedics.”
Acting on this recommendation, in the next four days, R.G. was placed at a Bethany Christian Services foster home and removed to the custody of the OCYF.
However, on Oct. 5, 2018, OCYF supervisors learned from an independent pediatric orthopedic surgeon that an alternate and likely possibility was that R.G.’s leg became entangled in his crib during his sleep, and in his trying to dislodge it from the crib, accidentally broke his own leg.
“Unfortunately, as defendants refused to consider any alternative for cause of injury other than the extremely unlikely possibility, considering all of the evidence present at the time, including statements by the parent plaintiffs, that the parents caused this harm, the minor child was removed from the love, care and supervision of his parents for about 18 days,” according to the lawsuit.
For counts of negligent infliction of emotional distress, state-created danger and a substantive due process violation, unconstitutional policies and customs under 42 U.S.C. Section 1983 and negligence, the plaintiffs are seeking damages in excess of $50,000, plus interest and costs.
The plaintiffs are represented by Matthew J. Scanlon of Scanlon & Wojton, in Pittsburgh.
The defendants have not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-20-005729
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com