$850,000 Daycare Negligence Brain Injury Settlement


Confidential v. Confidential – Settlement

We are proud to announce a successful resolution in our client’s case – a minor child who suffered serious injuries at a local Missouri daycare. Inadequate supervision led to a dangerous incident on the playground, where the child was permitted to ride a wagon down a flight of concrete stairs, resulting in a traumatic head collision with the concrete.

Following an investigation by the local police department, it was discovered that the daycare’s employees not only allowed our client and two other children to engage in this dangerous activity on the concrete stairs but also failed to intervene or remove the wagon from the area. Shockingly, one employee even encouraged the other caregivers not to stop the children, filming the incident on their personal cell phones with the expectation that harm could come to them.

Despite witnessing our client sustain a large bump on her head, bleeding, and experiencing changes in behavior, the employees neglected to call emergency medical services. Instead, they instructed our client to lie down, leading to her falling asleep for several hours after suffering significant head trauma. The caregivers were fully aware of the severity of the situation, repeatedly checking to “make sure she was still breathing.”

When our client’s mother arrived for pickup, it took an unusually long time to awaken our client from her sleep. She woke up confused, lethargic, and unsteady on her feet, struggling to maintain her balance. She was immediately rushed to the nearest emergency room, where it was determined that she had suffered a skull fracture and a traumatic brain injury as a direct result of the incident.

Three days after the incident interviews were conducted by the local police department and childcare licensing investigators at the daycare facility.  It was revealed that despite the defendant receiving our letter of representation and demand for evidence preservation, they had chosen to produce a selective set of text messages and a significantly altered video of the incident to both authorities and our clients. Furthermore, the defendant also had a history of multiple citations dating back to 2013, illustrating a consistent pattern of the same type of negligent behavior that led to our client’s injuries.

In the aftermath of the incident, our client’s life has been dramatically altered. Once a lively and sociable child, she now suffers from debilitating pain, headaches, sleep difficulties, and unusual behavior patterns, making it challenging for her to learn and participate in school. Many of her friends have distanced themselves due to these changes, and she has fallen academically below her peers, requiring specialized learning assistance.

Despite overwhelming evidence demonstrating the defendant’s negligence and the profound impact, their actions had on our client’s life. They initially refused to acknowledge responsibility therefore we immediately filed a lawsuit. It was only when faced with the possibility of a trial that they took notice.

Although no amount of money can fully compensate for the life-altering consequences our client has endured, our aim is to provide some relief from the undeniable harm caused by the defendant’s actions through the financial recovery we have obtained on her behalf. We strive to ensure that justice is served and our client receives the reparation she rightfully deserves.