MEDIA – A Texas couple claim that their three-month-old son died from abdominal and intestinal complications, due to negligent care while in the custody of a Delaware County child care facility.
Unyime Duff and Augustine Duff of Arlington, Texas first filed suit in the Philadelphia County Court of Common Pleas on Nov. 6 versus Precious Gems Child Care and Precious Gems Childcare, LLC, of Drexel Hill.
(Due to preliminary objections, the suit was later transferred to the Delaware County Court of Common Pleas on Dec. 17 and resulted in a new filing on Feb. 5.)
“On Nov. 6, 2018, in the morning, baby Emediong Duff, who was approximately three months old, was dropped off at Precious Gems, located at 2269 Garrett Road, Drexel Hill, PA 19026. At all relevant times, baby Emediong Duff was under the care of defendant Precious Gems,” the lawsuit says.
“Throughout the day at Precious Gems, baby Emediong Duff was sick and actively vomiting. The baby vomited multiple times, including projectile vomiting. The baby was in distress, groaning and whimpering, among other things.”
Despite the baby’s precarious health situation, the suit says no one working at the child care facility sought to get the baby medical attention or contacted the baby’s parents to let them know what was going with their child.
At the end of the day, plaintiff Unyime Duff arrived at the facility to pick up her son and noticed the amount of vomit on her son and on one of the caregivers there. When faced with the plaintiff’s concern, the caregiver assured her that the baby would be fine and would sleep well that night. As a result, the plaintiffs did not take their baby son to the hospital that evening.
“Later that evening, however, baby Duff was in distress which prompted him to be taken to the local emergency room at Delaware Memorial Hospital.bHe was then emergently transferred to Children’s Hospital of Philadelphia, where it was determined he had severe abdominal and gastrointestinal issues, including but not limited to: Abdominal compartment syndrome and necrotic bowels/intestines,” the suit states.
“Unfortunately, because of the delay in treatment caused by defendants, it was too late to save baby Duff, and due to his gastrointestinal issues as described above, baby Duff died on Nov. 7, 2018 (after hours of suffering). Defendants’ negligence caused baby Duff‘s death.”
For counts of survival, wrongful death and negligence, the plaintiffs are seeking compensatory damages well in excess of $50,000, plus costs, interest and such further relief as the Honorable Court deems just, including but not limited to, delay damages.
The plaintiffs are represented by Jordan L. Strokovsky of Strokovsky LLC, in Philadelphia.
The defendants are represented by Carol A. Murphy of Margolis Edelstein, also in Philadelphia.
Delaware County Court of Common Pleas case CV-2021-001384
Philadelphia County Court of Common Pleas case 191100990
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com