Tabor Community Partners, a Philadelphia nonprofit, has agreed to pay $11 million in a settlement against allegations that it failed to protect an infant in its care. The adoptive mother filed the lawsuit under the name A.A.E. et al. v. Children's Hospital of Philadelphia et al., case number 220601784, in the Philadelphia County Court of Common Pleas using only initials to protect the child’s identity, and alleges that Tabor Community Partners provided “inadequate in-home safety and case management services” to the baby, and were responsible for providing child welfare services for her through its contract with the Philadelphia Department of Human Services. Tabor Community Partners contracts with the Philadelphia Department of Human Services to provide child welfare services.
The lawyer representing the child’s interests, Shanin Spector, with Kline and Spector stated that the child was beaten and catastrophically injured for life. Spector said, “It's just a terrible tragedy that a child welfare services agency would not undertake to do their responsibilities appropriately.”
The complaint alleges that at the hands of her biological parents, the baby was neglected, repeatedly abused, and beaten to the point of fractured bones, leaving the child with severe brain injuries, and rendering her a quadriplegic for life.
The settlement, which was announced by the plaintiffs' attorneys from Kline & Specter PC, will resolve the claims against Tabor. However, litigation is ongoing against the co-defendant, the Children's Hospital of Philadelphia (CHOP). Spector said they will continue to work to hold CHOP accountable, as they also should have prevented this terrible outcome.
The plaintiffs contend that CHOP’s liability is the result of a hospital nurse practitioner and social worker failing to report the suspected abuse that occurred from 2017-2018 and eventually prompted a DHS Near Fatality Review and Report.
CHOP blamed Tabor, arguing that Tabor caseworkers visited the child’s residence during the relevant time frame and made no reports of abuse.
The hospital said, "Plaintiff's injuries were the unfortunate and tragic result of abuse by one or both of her biological parents, not CHOP.” Michael Miller and Meghan Wynkoop of Margolis Edelstein is counsel for Tabor. CHOP is represented by Nicholas Centrella, Stacy Orvetz, and Nicholas C. Needle of Clark Hill PLC.
Spector commented that it's crucial to go after institutions who fail to protect the most vulnerable. “It's vitally important to hold responsible the child welfare services agencies, and when they don't do so, it's important for there to be accountability through the court system on those failings.” He went on to say, "The criminal justice system punished the child's biological mother years ago. Now, the others responsible for her safety are being held accountable for their role in the injuries suffered by this defenseless, months-old child.”
Attorneys for Tabor did not immediately respond to requests for comment. CHOP’s legal team also did not respond to requests for comment. In 2019, the child’s biological mother was sentenced to a maximum of seven years in prison for the abuse.
