In a case that has drawn significant attention, Luzerne County’s child protection agency is facing legal action over alleged negligence. The lawsuit claims the agency overlooked crucial warnings, granting custody of a newborn to biological parents deemed high-risk.
Filed by the boy’s adoptive parents, Keith and Danielle Medash, the lawsuit was initiated in September and saw amendments in November. The county, represented by attorney Tamara S. Grimm, seeks to dismiss the lawsuit, asserting that the tragic injuries suffered by the infant could not have been predicted by its caseworkers.
The Medashes’ legal representatives, Louis Tumolo and James Beasley Jr., have challenged the dismissal motion, further complicating the legal proceedings.
Biological Father Held Responsible by County
At just a month old, the baby was hospitalized with severe injuries, including skull fractures and a broken jaw. Now five, the child endures brain damage and developmental delays. The Medashes are pursuing compensation to support his care.
The county’s stance is clear: the biological father alone is responsible for the child’s condition. They argue that the Medashes’ claims do not implicate the county or its caseworkers.
Divergent Views from Medashes and County
The lawsuit alleges that the agency overlooked significant risks associated with the biological parents, Andrew Carter and Brittany Cooper. According to the Medashes, the agency had:
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Access to a risk assessment conducted shortly after the child’s birth, which highlighted the dangers of leaving him with his birth parents.
The county counters that the assessment was tied to incomplete court-ordered services unrelated to violence against children.
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Prior interactions with the parents regarding their care of two older children. The Medashes claim they reminded caseworkers of these past issues.
Previous parental rights were revoked from Carter and Cooper for the older children, but the county argues no allegations of child abuse were communicated.
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Knowledge of Carter’s history of substance abuse, domestic violence, and a criminal record.
The county disputes the attribution of this knowledge to any specific caseworker or the timing of when this information was obtained.
The county’s response emphasizes the lack of evidence proving that caseworkers had comprehensive awareness of the parents’ backgrounds.
Danielle Medash, prior to the child’s birth, reportedly expressed to a caseworker her concerns about the parents’ capability to rear the child.
Following the incident, Carter faced criminal charges, resulting in a guilty plea and incarceration.
The ongoing case remains under the jurisdiction of Senior U.S. District Judge Malachy E. Mannion, with the Medashes’ attorneys actively opposing the county’s dismissal request.
For more details, see the original suit.
