Family Sues Day Care Facility After 3-Month-Old's Death

The family of a baby girl who died in a suburban day care has filed a wrongful death lawsuit against the facility accusing its workers of neglect.

Tessa McDaniel was just 3-months-old when she was found unresponsive at Tender Harts Family Home Care in Lombard on Nov. 15. Her family says they’re now looking to ensure something like this doesn’t happen to any other child.

The McDaniels says they feel betrayed by the business who they say told them their daughter would be cared for and protected. The attorney for the family says Tessa was one of 20 children under five years old being cared for by one worker.

“They were told that Tessa was going to be cared (for) and protected—and she was not,” said Francis Patrick Murphy, the family’s attorney.

The caretaker allegedly left Tessa unattended and on her stomach on a mat or blanket for about 30 minutes. When she returned, Tess was unresponsive.

The facility has been closed since the incident. No one answered the door when NBC 5 attempted to contact the business owners. An attorney for the Hart Family, which owns the facility, did not immediately respond to request for comment.

Neighbors say there were often too many kids for just a few adults, some say more than 20.

“That is in direct violation of one of the laws of the licensing of the state of Illinois,” Murphy said.

The daycare has been cited for eight violations and the police and DuPage County State’s Attorney are currently investigating the case.

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