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Law Office of Manning Zimmerman & Oliveira PLLC

New Hampshire Faces Wrongful Death Lawsuit After “Systemic Failures”

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New Hampshire’s child protective system is under the microscope after the death of a 5-year-old girl – and the mother is now suing the state for what she called “systemic failures.” This is yet another difficult moment for the State, which has been accused of allowing child abuse on a widespread scale in its detention center. If you need to file a wrongful death lawsuit after the death of a child, consider a consultation with a Manchester personal injury lawyer.

Mother of Deceased Child Sues New Hampshire 

In September, various sources reported that the mother of a deceased child was suing the State of New Hampshire. She also named the Department of Health and Human Services and the Division for Children, Youth and Families (DCYF) as defendants in her wrongful death lawsuit.

A few months prior, the five-year-old’s father was convicted of murdering the child, although the body was never located. A judge then agreed to legally declare the child dead, allowing the mother to move ahead with her wrongful death lawsuit.

The mother argues that the State of New Hampshire played a direct role in the death of her child. She states that her daughter faced “foreseeable harm” that the DCYF should have been able to prevent, and her lawyer likens her child’s death to the plight of numerous others under its supervision:

“Too many vulnerable children are being injured and killed while under the watchful eye of the state. It has been happening for way too long, and something needs to be done to stop it. Enough is enough.”

Initially, the mother lost physical custody of the child due to substance abuse issues. This led the DCYF to place the child with her father. From that point on, numerous people filed reports to the Division – alleging that the child was being abused in her father’s care. The mother accuses the DCYF of failing to follow up on these reports. One report states that a child welfare worker merely left a message on the father’s answering machine but never bothered to follow up.

The Massachusetts Office of the Child Advocate also became involved in this investigation, ultimately releasing a report stating that the child welfare system “repeatedly failed” to protect the child.

This is not the first time the State has been accused of causing irreparable harm to minors. The youth detention center has faced hundreds of allegations of sexual and physical abuse. Recently, these plaintiffs won a $38 million judgment against the State.

Can a New Hampshire Wrongful Death Lawyer Help? 

If you have lost a loved one due to negligence, a wrongful death lawyer in New Hampshire could help you pursue compensation, justice, and closure. A wrongful death lawsuit could help cover unpaid medical bills, funeral expenses, and various non-economic (emotional) damages. To learn more about your legal options, consider a consultation with Manning Zimmerman & Oliveira PLLC today.

Sources:

 nhpr.org/nh-news/2024-09-17/in-wrongful-death-lawsuit-harmony-montgomerys-mother-alleges-negligence-by-nh-officials

wmur.com/article/harmony-montgomery-wrongful-death-lawsuit-nh/62188002

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