Vol. 54 No. 10

Trial Magazine

Verdicts & Settlements: Professional Negligence

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Failure to Protect Child From Mothers Abuse

October 2018

Lavandis Hudson was born prematurely to a mother who tested positive for cocaine, marijuana, and opioids. At birth, Hudson was diagnosed as having a brain bleed, necessitating placement of two shunts. An investigation ensued, and Hudson was placed into the custody of the Illinois Department of Child and Family Services (DCFS).

Lutheran Social Services of Illinois (LSSI), through its contract with DCFS, later recommended that Hudson be reunited with his mother without performing any risk assessments in the home. LSSI then discontinued the therapy it was providing to the mother and terminated all services to her, closing the case.

Hudson’s father subsequently reported to an LSSI caseworker that Hudson’s mother was possibly abusing him. The caseworker did not begin an investigation. Several months later, Hudson was rushed to a hospital, where he was declared brain-dead. The cause was blunt force injuries resulting from child abuse. Hudson, 2, is survived by his parents and eight siblings.

Hudson’s estate sued LSSI, alleging it failed to protect Hudson from abuse by, among other things, properly monitoring him, conducting risk assessments, assessing the mother’s continued use of drugs and alcohol and ensuring she received appropriate therapy, and implementing an appropriate care plan.

The jury awarded $45 million. The parties later settled for an undisclosed amount.

Citation: Hudson v. Lutheran Soc. Servs. of Ill., No. 2012L008432 (Ill. Cir. Ct. Cook Cnty. May 2018).

Plaintiff counsel: Jay P. Deratany, Chicago.