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By Charles Montaldo, About.com Guide to Crime / Punishment since 2004

Parents of Starved Child Sue City

Wednesday August 13, 2008
The parents of a disabled 14-year-old girl who have been charged with her death by starvation have filed a wrongful death lawsuit against several City of Philadelphia employees and contract workers claiming they contributed to the girl's death. The lawsuit seeks reimbursement for medical bills, funeral costs and other expenses of Danieal Kelly.

The lawsuit has outraged prosecutors who originally filed charges against the parents for the death.

Danieal, who suffered from cerebral palsy, died two years ago from malnutrition and maggot-infested bedsores. Earlier this month, nine people were indicted in connection with the girl's death, including social workers and healthcare providers who failed to detect Danieal's worsening condition.

Defendants in the lawssuit include the city's Department of Human Services, the state Department of Public Welfare, a behavioral health contractor and two now-fired city caseworkers who have been criminally charged in the case.

Lawsuit Called an 'Obscenity'

"I think it's an obscenity. I cannot imagine that people in that situation who did what they did to their own daughter are attempting to profit from it," Assistant District Attorney Ed McCann told reporters.

But the attorneys who filed the lawsuit said they did so to "protect the interests of the victim's siblings.'

"The parents are not seeking any money from this," attorney Brian Mildenberg said. "The potential beneficiaries are the brothers and sisters and the parents, but the parents may be disqualified by a conviction or a civil finding of abandonment."

See Also:
Parents Charged in Starvation Death Sue Philly

Earlier Article:
9 Charged in Disabled Teen's Death

Photo: Family Photo

Comments

August 14, 2008 at 4:25 pm
(1) dr. Bill lockwood says:

My father was a Capt. Homicide, and my father was a Leut. of same. They served prior to Miranda/Escopedo and other decisions by the Warren Court. This dicgusting anomalytic boil would have swift justice long before a procecuting attorney had this case gloved onto his desk.

January 30, 2009 at 2:05 pm
(2) Anna Jones says:

I think it’s so sad for our children to suffer in this corrupt world especially by their own parents and I think the lawsuit itself is just stupid it has nothing to do with the care of the other children because Ms. ##### wasn’t caring for the other children that well either. From the conditions the home was supposedly in. I think the DHS workers should be incarcerated as well I think everybody who played a role should be held accountable: The mom for having that child and not caring for her unconditional like a mother should (maybe she kept her around as long as she did for the SSI CHECK she wasn’t to embarrassed to cash that check) The father for neglecting his child and his time shouldn’t be any lesser than Ms. Asshole’s sorry ass men need to stop helping women concieve these children and then turning away like oops! The case workers should get it the worst because they are paid good money to enforce such laws on behalf of children and not doing their jobs they just ask you to sign the line so they can get their check ( you scratch my back I’ll scratch yours those dumb caseworkers probably saw Danieal for the first time when she made the news (probably standing at home saying Oh, that’s her). That lawsuit should not be acknowledged because Danieal’s parents didn’t care then and they certainly don’t care now. They are all just embarrassed. Danieal has been used enough her soul shall now rest in peace. SO HELP HER GOD!

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