Parents Sue Florida Care Facility Over Death of Disabled Son, Citing Lack of Supervision

Photo: (Photo : Wang Zhao/Getty Images)

A grieving family is suing Angels on Earth, a Florida care facility in Melbourne, over the choking death of their special needs child, Tarionn Jackson-Hanner.

According to the lawsuit, the 13-year-old boy choked to death on a latex glove while under the care of the facility on November 30, 2022, due to a lack of supervision.

The family is seeking damages in excess of $50,000 for their son's wrongful death.

Parents sue florida care facility over death of disabled son

Fox News reported that Kiyana Durham, the mother of Tarionn Jackson-Hanner, held a press conference on Thursday about the lawsuit.

She stated that she had repeatedly made the caretakers aware of her son's special needs.

Durham expressed her concern about why Tari was left alone, despite her explicit instructions to the facility not to do so.

She emphasized this point repeatedly, both during the press conference and in her previous interactions with the school, indicating that she had made it clear that Tari had special needs and should never be left alone.

According to Durham's attorney, Douglas McCarron, the facility was negligent in their duty of care towards Tari, given his history of putting objects in his mouth.

As stated by the Department of Health in New York State, choking is a common type of injury and a leading cause of death for children and teens.

In fact, it is the fourth leading cause of unintentional death in children under the age of 5. The highest risk of choking incidents and fatalities is in children who are below the age of five.

Various objects like toys, household items, and food items can lead to choking, and among young children, food is the leading cause of nonfatal choking.

At least one child dies from choking on food every five days in the U.S., and more than 12,000 children are taken to a hospital emergency room each year for food-choking injuries.

While toy manufacturers are responsible for labeling their products as choking hazards, some food manufacturers choose to label their food items as potentially dangerous for choking.

Nevertheless, it's crucial to note that any food can pose a choking risk.

Education regarding choking risks, precautions to take in avoiding these risks, and known life-saving procedures are necessary to eliminate senseless and tragic injuries and deaths caused by choking.

Read Also: New York Students Rally at Capitol, Demand Free Meals for All Public School Pupils

Choking causes death to children, teens, and kids with special needs

Care facilities in America that cater to children and youth with special needs have a responsibility to ensure the safety and well-being of their residents.

According to the Centers for Disease Control and Prevention (CDC), children with disabilities are at higher risk for injury than their non-disabled peers.

This risk is even greater for children with intellectual disabilities, cerebral palsy, or autism spectrum disorder.

The National Library of Medicine reports that neurological disorders, developmental delay, neuromuscular pathologies,and traumatic and non-traumatic brain conditions considerably contribute to disturbances in swallowing, apart from certain primary and secondary medical conditions.

A child's habits and behaviors, such as walking, running, talking, laughing, and eating with urgency, could add to this risk of choking.

Therefore, care facilities must be equipped with the necessary resources, such as trained staff and appropriate equipment, to ensure that all residents are safe from harm.

The lawsuit filed by the family of Tarionn Jackson-Hanner against Angels on Earth is a stark reminder of the importance of accountability and responsibility in providing care for individuals with disabilities.

Related Article: US Lawmakers Introduce Bipartisan Bill to Crack Down on Employers Violating Child Labor Laws

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