Presnell v. DSHS
Domico Presnell's journey through the Washington state foster care system at first seemed typical. But a routine case turned to tragedy with the unexplained death of the little boy, and the attorneys at Osborn Machler were called in. The emotional investment required to litigate cases like this fired a strong commitment on the part of the firm's attorneys to serve as the best and most forceful advocates possible.
At just six years old, Domico found himself in foster care when his drug-addicted mother finally acknowledged that she could no longer care for her children. Domico and his younger sister bounced from caregiver to caregiver until a local woman opened her home to both children.
His foster mother and his teachers each described his behavior as erratic, violent and destructive. As the foster mother approached the breaking point, she decided to have a doctor examine Domico. The doctor put him on several medications over a short time, including the anti-depressant amitriptyline, an anti-hypertensive called drug clonidine, and pemoline, a stimulant intended to boost concentration. Domico took these drugs for a year, at dosages far in excess of normal childhood levels. Medical guidelines warn against administering amitriptyline to children under the age of 12, but Domico typically received dosages of 100-125mg.
Domico's foster mother began to worry over the side effects, but failed to voice her concern until it was too late. She noted that a few hours after taking his medication, his limbs would stiffen and his eyes would roll back. The boy's teachers also began seeing changes in his behavior, becoming subdued and robotic instead of his normal boisterous self.
One night Domico fell quiet on the floor. His foster mother, believing he was just sleeping, placed a blanket over him, but he never awakened. Health officials ruled the death an overdose from toxic levels of amitriptyline.
Sadly, his death came just as his biological mother began to take back control of her life, cleaned up her drug habit, landed a job and eagerly awaited an upcoming hearing on a motion to regain custody of her children. Carolyn Presnell, Domico's mother, came to Osborn Machler to seek justice for the negligent treatment her son received while in the state's foster care.
On behalf of Carolyn Presnell, Osborn Machler filed suit against the foster mother, the boy's social worker and the doctor who prescribed the pills in early 1997. The State defended the case, in part, by claiming that Carolyn Presnell was also at fault by putting her kids in the position of needing state care. The judge ruled with Presnell, but the message came across that the State has a foster care program to protect your kids, but if it fails, it's your fault.
Following the death of Domico Presnell, Washington's policies and procedures for the administration of psychotropic drugs to foster children came under withering scrutiny. Ultimately the case changed the way DSHS administers and allows drugs to be administered to foster children. The message went out powerfully to state administrators, foster care caseworkers and foster caregivers themselves that negligence will come at a steep price for everyone involved.
LATEST NEWS
Mattel Settles Polly Pockets Litigation
Seattle attorney Sim Osborn announced today that he has settled a lawsuit filed in November 2006 claiming...
more