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Lawsuit Filed By Family Of Girl Who Choked On Marshmallow

TAUNTON (AP/CBS) — The family of an 11-year-old Massachusetts girl who died after choking on a marshmallow at a friend's birthday party has filed a wrongful death lawsuit.

The lawsuit filed Monday seeks unspecified monetary damages in the April death of Azriel Estabrooks, of Somerset.

Iris Estabrooks has never known this kind of pain. "It's something I see every time I close my eyes, is the last time I saw my daughter," she told WBZ-TV's Julie Loncich.

For weeks leading up to the party, Azriel pleaded with her parents. "But this year, she was in fifth grade, she was 11, it was her best friend's birthday party and, 'come on, mom. Please can I go?'"

On April 16, Estabrooks dropped off her daughter at a Somerset home. It would be the last time she saw her conscious.

"The doctors said that, 'Essentially, your daughter is dead. There's nothing we can do. We've tried literally everything,'" Estabrooks recalled.

Azriel died five days later.

The complaint alleges that the parents who hosted the birthday party failed to provide adequate supervision for the children who attended the party. A lawyer for the hosts did not immediately return a call seeking comment.

An attorney for the girl's parents says there are many unanswered questions about the circumstances leading to her death.

"From our standpoint, there's issues with regard to negligent supervision, the lack of responsiveness," said attorney Steven Sabra.

The lawsuit says Azriel had been without oxygen for "an extended period of time" when she was found unconscious on the floor.

(TM and © Copyright 2016 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2016 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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