Willis v. Croft
(E.D.N.Y. 2000)

BRUCE WILLIS, by his mother and natural guardian PEARL WILLIS,
Plaintiff

- against -

KATHRYN CROFT, individually and as Deputy Commissioner, New York City Department of Social Services; MARVA HAMMONS, individually and as Commissioner of the New York City Department of Social Services; HARRY COMEAU, individually and as supervisor, Child Welfare Administration; TRESILLA BOYD, individually and as caseworker, Child Welfare Administration; NANCY THENOR-LOUIS, individually and as supervisor, St. Vincent's Services; CLIVE TORRES, individually and as caseworker, St. Vincent's Services; PATRICIA J. CASEY, individually and as caseworker, St. Vincent's Services; ST. VINCENT'S SERVICES, and CITY OF NEW YORK,
Defendants.

Bruce, who was born on February 2, 1994, had been exposed to cocaine prenatally, and was placed in foster care at birth with the Administration for Children's Services of the City of New York. ACS, in turn, placed him with St. Vincent's Services, one of the agencies which contracts with the City to provide foster care to children.

Neither the City caseworker, who brought the baby to the foster home, nor the agency caseworkers who supervised Bruce's foster care placement, told the foster mother that Bruce was a crack baby. They failed to mention that crack babies, besides crying constantly, are often hypersensitive to touch, and don't like to be cuddled or stroked.

In the early hours of April 14, 1994, eleven-week-old Bruce was brought to the emergency room of Brookdale Hospital. He was semi-conscious, and he was having seizures. Medical examinations and laboratory tests showed that Bruce had suffered from severe injuries. His skull was fractured in two places, and he had two fractured ribs. He had subdural hematomas in his head, retinal hemorrhages, and bruises. As a result of his injuries, he suffered permanent brain damage and paralysis on the right side, and he became blind temporarily.

Bruce remained in the hospital for 48 days and underwent surgery several times, including insertion of a shunt to drain the fluid that continuously accumulated. Bruce still has severe cognitive and motor problems. Bruce's doctors diagnosed him as the victim of child abuse. He had been shaken with such force that his brain was permanently injured. He had also been viciously assaulted on two occasions- immediately before his hospitalization, and two weeks earlier.

Plaintiff asserted that an adult in the foster home became frustrated by Bruce's constant crying and lost control and assaulted and shook the baby. Had the City and agency advised the foster mother of Bruce's health problems and trained her on how to care for him, he would not have been injured. The settlement for $2.75 million was approved by Judge John Gleeson on April 25, 2000. Plaintiff was represented by David J. Lansner and Carolyn A. Kubitschek of Lansner & Kubitschek and Howard Berg. City defendants were represented by Corporation Counsel. Agency defendants were represented by Conway Farrell, Curtin & Kelly, P.C.