DETROIT (CN) - An obese and unqualified foster mom suffocated a 5-week-old child after rolling over on her while the two slept in the same bed, the infant's representative claims in Federal Court.
Miranda Henry was put into the foster system about a week after her birth on Aug. 31, 2011, and placed with Taylor, Mich.-based Dana Hatch, according to the complaint in the Eastern District of Michigan.
"At the time of Miranda Henry's placement in defendant Hatch's home, Hatch had previously been suspected of abusing and/or neglecting foster children on at least one prior occasion," claims Marvin Brown as the personal representative of Henry's estate.
"At the time of Miranda Henry's placement in defendant Hatch's home, Hatch was untrained, improperly trained and/or inadequately trained on the care of infant children, including but not limited to safe and proper sleeping conditions of infants and otherwise unqualified to be a foster parent of Miranda Henry."
Brown says Star Commonwealth also sent "an unqualified and improperly trained" worker to monitor the placement.
"On or about October 5, 2011, defendant Hatch, an obese adult female, slept in the same bed as her son and the 5-week old Miranda Henry, rolled on her and suffocated her to death," the complaint states.
"During her autopsy, the pathologist identified the cause of death as being suffocation."
Brown seeks punitive damages from Hatch and Starr, alleging negligence, breach of contract and misconduct under Section 1983 of the Civil Rights Act. He is represented by Lawrence Rothstein of the Rothstein Law Group in Southfield, Mich.