The suit alleges staff fed the child inappropriate food and failed to provide timely medical care, while the daycare says it is cooperating with authorities.
TIJERAS, N.M. —
A family is suing the New Mexico Early Learning Academy LLC and its owners for wrongful death after their 1-year-old son, Micah Tran, choked and died while in the Tijeras daycare’s care.
Micah had recently celebrated his first birthday before dying from choking at the daycare on Sept. 9.
“In a case like this, of course, it’s very significant that the victim was a one-year-old child,” KOAT legal expert John Day said.
The lawsuit, filed in Santa Fe County, accuses the daycare of malicious, willful, and reckless conduct. It claims the facility fed Micah inappropriate food for his age, failed to properly supervise him, failed to recognize he was choking, and failed to perform life-saving measures or call for emergency medical assistance in time.
“The allegations and the lawsuit states there was no way this child should have died if the daycare center was doing everything they should have been doing,” Day said.
The lawsuit indicates the family could seek compensation for Micah’s injuries, pain and suffering, the loss of his life, the loss of his enjoyment of life and more, as well as punitive damages.
“In our justice system, the way that people are compensated for wrongful death situations is through money. That’s how our system is designed,” Day said. “If you’re the parents of a child who dies in a wrongful death situation, you can make a claim against the person you say caused and say we lost out on the enjoyment of seeing this child grow up and that’s worth something, that’s worth money to us.”
Regarding punitive damages, Day noted the goal is to “punish the daycare center for letting this happen in the first place and to deter other daycare centers from letting the same thing happen.”
If the family wins the lawsuit, the daycare owners would not necessarily pay out of pocket.
“The daycare center most likely has an insurance company that covers it, and so any settlement, any jury verdict would most likely be paid by insurance if there is an insurance policy,” Day said.
In a statement, the New Mexico Early Learning Academy said: “Our hearts remain with the family, and we continually strive to uphold high standards for the safety and well-being of the children in our care. We continue to cooperate fully with the appropriate authorities and regulatory agencies as their review remains ongoing. We are not able to comment on ongoing legal matters at this time.”
According to Day, the vast majority of civil cases settle before going to trial. If the case proceeds to trial, it could take place in front of a jury and the full case could last anywhere from two to four years, or longer if appealed.
Requests for comment sent to the attorney representing the family were not immediately returned.
