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Lawsuit claims popular daycare caused permanent brain damage

by JAKE WHITTENBERG / KING 5 NEWS

Bio | Email | Follow: @jakewhittenberg

KING5.com

Posted on February 21, 2012 at 10:45 PM

Updated Wednesday, Feb 22 at 12:12 AM

ISSAQUAH, Wash. -- An Issaquah couple is pointing the finger at an international daycare chain with claims that care providers caused permanent brain injury to their child.

The lawsuit recently filed in King County Superior Court states Bright Horizons was negligent when caring for the child. Les and Jill Baslington believe their 8-month-old daughter Delaney was shaken in February 2010 shortly after being dropped off at the daycare in Issaquah.

"She was happy and healthy that day," said Les Baslington. "Then all of a sudden this happened."

According to an incident report, medics were dispatched to the daycare after a call from a care provider who found Delaney not breathing. CPR was performed and the toddler was rushed to Seattle Children's Hospital and put on life support.

"It's every parent's worst nightmare," Jill said. "It was two years ago but it's so raw."

The news didn't get any better.

Tests were performed and bleeds were found behind Delaney's eyes. Dr. Naomi Sugar is the Medical Director at the Harborview Center for Sexual Assault and Traumatic Stress. She noted the retinal hemorrhages were "too numerous to count." She wrote the injuries appeared to be "inflicted head trauma."  To Dr. Sugar, it appeared the toddler was shaken.

No one knows for sure. But the lawsuit filed by the Baslingtons suggests that Bright Horizons was negligent.

"We thought she was safe. They were supposed to take care of her," said Jill.

A spokesperson for Bright Horizons told KING 5 the injuries to Delaney did not happen at the daycare center. Rather, Delaney fell backwards on a floor mat while reaching for a toy and a short time later, her eyes rolled back in her head while a caregiver was changing her diaper. 

According to the lawsuit, Children’s Hospital medical personnel believed it was not possible for her parents to be the cause of her injuries because Delaney didn’t collapse until mid-afternoon.

“They're a child care organization and they're supposed to care about children and about families," Jill said. "Nothing about our experience with them has made us feel that they care one bit."

In a statement, Bright Horizons said: “Our teachers love this child and care about her very much. Since that day, our thought and prayers have been with the family and that continues to be the case.”  Click here to read Bright Horizon’s full statement.

Today Delaney appears normal but she goes to therapy several times a week and her parents say she has behavioral and learning issues.

King County prosecutors did not file any criminal charges saying there wasn't enough evidence to prove where and when Delaney's injuries occurred.

One of Delaney's teachers is still on administrative leave, the other left her position last year.

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Comments: Displaying 1 - 10 of 10

Lisa_Marie_Vf62 said on February 23, 2012 at 12:39 PM

This state needs to mandate the use of closed circuit t.v. surveillence in each classroom of their daycare facilities. Where I came from in Texas, daycare centers were required to keep surveillence video in each room, during business hours. I picked up my daughter one night and she had bruises on her forehead. I took her into Children's Hospital in Corpus Christi to be told that she had experienced blunt trauma. I called CPS to report them. I contacted the director of the facility to report my concern as well. She demanded two weeks' severance pay. I didn't argue with her. I went in and, while handing her the check, told her that my daughter's well-being was worth more than arguing about two weeks' of severance pay. CPS went in and rolled back surveillence video, which showed my 14 month old daughter in a room of 36 preschoolers and school-age children. It was way over the ratio for even the school age child. She wond up being knocked off a chair and tripped over.

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soberem85 said on February 23, 2012 at 8:56 AM

Dr. Sugar & Children's Hospital are notorious for building cases for abuse, in situations where there isn't really anyone to blame. They argue that the "Shaken Baby"/Abusive Head Trauma triad of symptoms, including bleeding on the brain & retinal hemorrhages, are characteristic of abuse. However, it's an outdated theory that a large body of ongoing scientific inquiry & witnessed accounts of short falls causing the same injuries continue to rebuff. It's also widely held children can become symptomatic hours or days after injury, but these cases continue to happen. Child-abuse pediatricians "go through the motions" looking in to other possible causes, but in the end their interest is building a case for abuse, not finding out what really happened. Innocent people (and in this case, organization as well) get accused and suffer the consequences. Sometimes accidents are harder for people to deal with than crimes.

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speet07 said on February 23, 2012 at 12:25 AM

I would just like to say that the staff at Bright Horizons are trained properly and they did everything possible that day to save that child's life. The staff are trained extensively on CPR and First Aid and how to provide the best care for all children in the center. I don't find it fair or correct to accuse the center of not training their employees when you have no idea what training or classes these teachers go through annually.

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Conseula said on February 22, 2012 at 7:58 PM

Sad, sad, sad..My heart aches Delaney and her parents..God Bless.

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intrepid1 said on February 22, 2012 at 5:13 PM

The corporate entity of Bright Horizons will do and say anything to avoid any liability as a for profit enterprise... even if what they say is true regarding the child falling over and hitting her head on a mat, the injuries suffered occurred under their corporate watch and they, then, are liable. Staff should be trained sufficiently to know that a head injury, no matter how minor seeming, in an infant or toddler is a very serious thing and should be treated as such -- and management should respond accordingly with active intervention. Something like this doesn't just happen "suddenly"... the child's behavior would have changed between the fall and the diaper change, but staff did not pick up on it. The state-allowed ratio of care providers to children and the lack of state-required training, and the for profit motivation to keep costs down (ostensibly by having a few staff as possible) increase the risks to kids as there are all too often too few staff to properly supervise.

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gritz said on February 22, 2012 at 9:00 AM

I think, that since no one can pin point when the injury occured, the daycare can not be proven, at fault.

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collegeguy said on February 22, 2012 at 8:59 AM

It is sad that the two people after jcman post about how jcman is the one who can't read. Well, myopinion and izzy, when you learn to read, maybe you will have the rights to whine at the person you accuse of not reading. jcman did not say it was a state run facility, he said it was LIKE the state having people on admin leave for years. How does that mean it is a state run daycare? It is funny how the in jits complain when they are the ones who can't read.

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izzy1968 said on February 22, 2012 at 8:29 AM

JCMan how dumb can you be?? Did you even read the article?? Did you miss the INTERNATIONAL DAYCARE CHAIN called BRIGHT HORIZONS??? Its in the first two sentences of the article!!!!

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myopinion said on February 22, 2012 at 6:57 AM

jcman -Is this a state owned daycare? I didn't see that in the article. And the employee and daycare is being accused, they have not been found guilty.

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jcman said on February 22, 2012 at 6:27 AM

"One of Delaney's teachers is still on administrative leave,..." No wonder daycare is so expensive, this is just like the state having people on administrative leave for years.

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