The family of a 9-month-old boy who died after he was found unresponsive at a Homestead daycare is pushing for charges to be filed as their attorneys released surveillance video they say proves staff members weren’t properly trained to do CPR, potentially costing the child's life.
Tayvon Tomlin stopped breathing and was sent to the hospital from Lincoln Marti Child Care on July 18. He was later pronounced dead.
“I’m heavy with frustration," said Keiara Whorley, the baby's mother.
It's been nearly three months and family members say they still don’t know what happened.
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"For me, that’s my first child," said Devonte Tomlin, the baby's father. "I felt every pain in every nerve.”
On top of filing a lawsuit, the family's attorneys released surveillance video from the day Tayvon was found unresponsive at the daycare.
In the surveillance video, Tayvon’s 4-year-old brother watches as the daycare staff worked to revive the baby.
"He was just basically saying, mom, the baby wasn’t breathing," Whorley said.
Family members were told at the time that the daycare staff attempted CPR.
“...Appears to be giving rescue breaths in her arms, with no compressions being done," said the family's attorney, Stephen Cain. "This is minutes in and they’re rubbing his back. That’s not effective and comprehensive CPR."
Cain and attorney Michael Levine are also alleging Lincoln Marti had just one adult supervising eight children.
According to the Florida Department of Children and Families, one adult is required per four children under the age of one. The DCF also requires an incident report to be given to the parents on the day an accident, incident or unusual occurrence happens.
Nearly three months later, the family says they still have nothing. Tayvon's family had to bury him without even knowing the official cause of death. The medical examiner hasn’t completed the report, and charges have yet to be filed.
"It's a violation of the DCF standards, and it’s unacceptable, and unfortunately, it led to this outcome," Levine said.
An attorney for Lincoln Marti Child Care said in a statement, "It is my position, and that of my client, that it is not appropriate to discuss matters that are currently in litigation and most importantly that are still under investigation. My clients and I are sympathetic to the tragic loss experienced by this family…which as I’ve said…is currently under investigation.”
“I’m always going to be frustrated, hurt, crying, missing my baby, but right now, I have all the fight directed toward this case," Whorley said.
