October 25, 2010–Last Monday’s day care incident in Visalia involving 4 month old Adam Ray is similar to another incident in Porterville last year which is the subject on ongoing litigation. Suit is proceeding against a Porterville area day care accused of neglect in the death of a two month old infant girl. The Coroner’s report in that case ruled the cause of death to be inhalation of stomach contents and a full State investigation followed. At the ensuing licensing hearing attorneys for the day care presented expert testimony showing it was an unavoidable SIDS death. The State of California countered with no expert witness testimony due to lack of budgetary funds. However, after retaining local counsel expert witnesses have now been located to more fully explain this death.
In the Porterville case the infant child was delivered home from the day care in a lifeless and cyanotic state and paramedics were immediately called to the scene. The provider had never noticed any trouble.
Issues include the level of supervision provided, whether any health issues had presented that day, whether proper SIDS precautions had been in place, whether older children may have disturbed the infant, etc.
Please call if you would like our expert witnesses to expand the scope of their inquiry to include this situation. Attorney John Rozier 559-713-0159, a Visalia based Attorney.