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Family sues Calumet City, Illinois daycare after 2-year-old dies in their care

Family sues Calumet City, Illinois daycare after 2-year-old dies in their care
Family sues Calumet City, Illinois daycare after 2-year-old dies in their care 02:12

A family is suing a daycare in Calumet City, Illinois after their 2-year-old son died following a medical event under the care.

The family of Jaylin Branch, Jr. said he died on Feb. 20 after "suffering an unsupervised medical event" at Grandma Jones Day Care III.

According to attorneys, the family had informed the daycare that the toddler had epilepsy and suffered from seizures, and so they developed an action plan with staff so that he would be adequately supervised.

On Feb. 20, the lawsuit says Jaylin was put down for a nap around noon. The family says he was not adequately supervised during nap time and that they believe he suffered seizure in his sleep, depriving his brain of oxygen and causing his death.

Body camera footage shows police arriving at the day care, and an officer doing chest compressions on the toddler before paramedics arrived.

At a news conference announcing the lawsuit Thursday, Jaylin's mother said she had provided the daycare with medication that Jaylin took for his seizures, and the daycare failed to give it to him.

"These parents believe that they did find high quality daycare, that they worked with that daycare to create an action plan to eliminate this from ever happening," said attorney Cierra Norris.

Jasmine Bailey said when arrived at Grandma Jones Daycare after 911 had been called on Feb. 20, she found the medicine she had provided was still sealed and the action plan had not been looked at. 

"When the ambulance arrived there, no seal on the medication was popped, nor had the action plan been looked at," she said.

Body camera video shows an officer running to the ambulance with a bag of medication, and telling the paramedic that it's emergency medication for seizures but he doesn't know if Jaylin had been given it yet.

He was taken to a local hospital and was on life support for four days before the family said they stopped treatment and he died.

Jaylin's death certificate lists his cause of death as non-traumatic anoxic brain injury, sudden unexpected death in epilepsy.

The lawsuit alleges the daycare failed to properly supervise Jaylin and respond during a medical emergency despite that notice. The complaint also alleges the daycare personnel was negligent, improperly trained and failed to take proper precautions while Jaylin was sleeping.

A lawyer for the decare responded to the lawsuit in a statement, saying in part, "We are deeply saddened by the death of Jaylin Branch and express heartfelt condolences to his family and loved ones. We are reviewing the lawsuit."

Jaylin's funeral was held on March 8, which would have been his third birthday.

"It's not only about justice, it's about prevention, to prevent something like this from happening again," said his father Jaylin Branch, Sr. 

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