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Child Death Cases


Too many children are left in the custody of their natural parents or foster parents after the Florida Department of Children & Families, Sheriff’s Department, and Private Providers have ignored red flags. In 2014, The Miami Herald published an investigative series call “Innocents Lost” concerning 534 children who died spanning several years – who didn’t need to perish. We, at Justice for Kids, are committed to filing wrongful death lawsuits on behalf of the survivors’ parents who are innocent of wrong-doing and even siblings, where possible, to vindicate the voice of the children who died.

  • Foster Child Livestreams Suicide on Facebook. Child abuse attorneys Howard Talenfeld and Stacie Schmerling represented the estate of a 14-year-old foster child who died by suicide while live streaming on Facebook from her foster parent’s bathroom. The lawsuit, filed in the Eleventh Judicial Circuit in Miami-Dade County, FL, brought claims against Florida Department of Children and Families, private child welfare agencies, and foster parents for operating a system of care with no therapeutic placements and a lack of services, and for failing to protect the child from abuse, neglect, and mental health deterioration while in foster care. Read more from the Miami New Times here
  • Case Involving Abuse and Drowning. In 2003, one-year-old Latiana Hamilton was drowned in a bathtub, and her three-year-old brother was horribly abused by foster mother Lena Cumberbatch with a belt and ironing cord. Justice for Kids attorney Howard Talenfeld was instrumental in filing civil rights complaints for her and her brother, paving the way for many other children to recover for their injuries. Substantial recoveries were made on behalf of these children. Ray v. Foltz, 370 F.3rd1079 (11 Cir. 2004) Read more from the Ledger, www.scholar.google.com/, www.scholar.google.com/
  • Lawsuit Against Private Child Welfare Providers and Individual Employees For Allowing Child’s Mental Health to Deteriorate. This lawsuit was filed in the Middle District of Florida against private child welfare providers and individual employees on behalf of the estate of a seventeen-year-old foster child who died while she was on runaway. The suit brought wrongful death and survival claims under state law causes of action and civil rights violations alleging the defendants allowed the child’s mental health to deteriorate while in foster care and encouraged her to run away.  The case resolved for an undisclosed amount.  Smith v. Beasley, 775 F. Supp. 2d 1344 (M.D. Fla. 2011)
  • Case Involving Negligent Investigation and Failure To Protect Children From Foreseeable Abuse and Neglect. This lawsuit was filed in Lake County, FL against DCF and private community-based child welfare providers for negligent investigation and failure to protect two young children from foreseeable abuse and neglect in the care of their mother and her paramour. Despite the high-risk factors present due to unexplained injuries to both children, the family was placed under Voluntary Protective Supervision with no court oversight.  The family relocated from Osceola County to Lake County, FL and the case was closed without court intervention despite the significant risk to the children.  Four months later, the boy, who was sixteen months old, died from abuse and was found to have numerous fractures in various stages of healing and a skull fracture. The girl, who was two years old, witnessed her brother’s murder and was also found to have several fractures and other injuries. The case resolved against DCF for sovereign immunity limits of $200,000 and for an undisclosed amount as to the private agencies.
  • Teenage Child Who Was Drug Addicted Entrusted to a Miami Treatment Facility For Care and Treatment. Tragically, the child overdosed in the facility from drugs that he obtained because of lax and negligent safeguards from preventing children from bringing illegal drugs into the facility. Our investigator was able to interview and obtain statements from several children who previously were in treatment at the facility who would testify how the drugs were obtained.

Child Injury Law Firm in Florida:

Fl Child Drug Injury Lawyer

Negligent Child Abuse Investigations Lawyer

Fl Child Product Liability Attorney

Fl Child Drug Treatment Attorney

FL Child Sexual Abuse Attorney

FL Child Therapist Negligence Attorney

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