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Parents sue for $18 million after toddler suffers brain injury at day home

 

pipella law

The family of a Calgary child badly injured in a fall at a day home two years ago is seeking more than $18 million in damages, alleging negligence in his care.

A statement of claim obtained Wednesday by Postmedia says Lochlan Linehan, 3, suffered catastrophic injuries during an April 20, 2017, incident at a northwest Calgary day home.

The claim says the child, just eight days after his first birthday, experienced severe brain trauma and required multiple surgeries following his hospitalization.

The lawsuit alleges staff at Bright Beginnings Day Home in the city’s northwest community of Tuscany were negligent in their care of the child.

It says on April 20, 2017, the child’s parents, Stacey and Eamonn, dropped off Lochlan at the day home with his brother, Faolan.

“At approximately 2:45 p.m., Stacey received a call from (co-owner) Laura (Fleming) advising that Lochlan was vomiting and exhibiting unusual breathing sounds,” the court document says.

“Emergency Medical Services arrived at the Fleming residence shortly thereafter to find Lochlan unresponsive and in critical condition with severe physical injuries,” it says.

“The incident caused severe, permanent personal injuries to Lochlan.”

The lawsuit seeks damages for the child as well as his brother, who witnessed Lochlan having to be resuscitated by paramedics and taken away in an ambulance, and the parents.

More than half the claim is for the future cost of care for the boy, estimated at $10 million.

The boy was subsequently hospitalized for 16 days and endured six operations.

A statement of defence disputing the unproven facts in the claim hasn’t been filed.