2 families file lawsuits against Nemours claiming they were wrongfully reported to DFS over suspected child abuse

Dameon Watson brought his 1-year-old daughter, Kaia'lynn Congo Watson, to Nemours Children's Health in 2018 for treatment of high blood pressure, lethargy, and shortness of breath. A little over three hours later, she was dead.

"To leave without my daughter was the hardest thing I've ever dealt with," he said. "I just hope we can get justice."

Within the hour of his little girl's death, the cause unknown to him, Watson said he was being interrogated.

"I was interrogated for four hours about a whole bunch of things--I didn't even know what was going on. I didn't even receive a reason why my daughter passed until three months later," said Watson.

Her death certificate reads myocarditis, an inflammation of the heart muscle, often caused by a viral infection, according to the Mayo Clinic.

"Instead of being told what happened and why, he was escorted into an interrogation room, where he was interrogated by police, by the Department of Family Services, by the staff at Nemours for four hours," said his attorney Renée J. Leverette, managing partner at the Delaware branch of the Igwe Firm. "His 1-year-old daughter had just been declared deceased, and they put him a room and also his wife, when she came arrived later, for four hours and interrogated them."

Leverette said police swarmed a relative's home, where Watson's other children were staying and took them away for a month-and-a-half. They were also forced to undergo tests for which Watson was billed.

"They took him his children away...to investigate based on nothing. Mr Watson would have been the one interrogating DuPont. He should have been the one demanding to know--'what happened to my daughter?' For reasons unknown, possibly to cover up something that the hospital did wrong, they tried to turn the tables, and they made his life a living hell," said Leverette.

Watson was ultimately cleared of any wrongdoing by DFS, according to his attorney, and now he and one other family are claiming their being reported to Family Services was racially motivated. Watson filed his lawsuit on June 29, 2021.

"Two families came here seeking help, seeking comfort, but unfortunately, they found themselves victims of being reported for possible abuse against their children, which all turned out to be a horrific lie," said attorney Emeka Igwe.

The Miltons

The Miltons took their then 1-year-old daughter Bradlei to Nemours for treatment of constipation in February of 2019. They claim Nemours told them their child's diagnosis was "failure to thrive" and "malnourishment."

"Actually at one point [they] tried to force her to allow them to put a feeding tube down her 1-year-old baby's throat to address their diagnosis...which is not at all what Mrs. Milton was complaining of, as she knows her own children. She knew that her daughter has a healthy appetite--that wasn't the issue. She asked them repeatedly to do tests regarding the constipation; they would not. They contacted the Delaware Dept. of Family Services because the Miltons did not approve and disagreed with the treatment," said Leverette.

In the midst of seeking a second opinion at the Children's Hospital of Philadelphia (CHOP), Nemours contacted DFS, which had filed an emergency petition claiming they were failing to obtain medical care for their child. Their daughter was ultimately diagnosed by CHOP with a fecal impaction. 

"While they were at Children's Hospital of Philadelphia getting medical treatment for their child, the court granted custody of their child to DFS for a reason that was completely wrong. They were involved in this family's lives for months; they went to their other daughter's day care; they came to their houses, it was horrible, it was a horrific ideal....they've had to suffer so much," said Leverette.

The Miltons were ultimately cleared by DFS agents who did not find evidence of child abuse, according to Leverette; they filed their lawsuit on May 10, 2021.

"There's no evidence at all, there's no evidence of child abuse, there's no marks. What they did was take their ailing daughter to get help--that's what a good parent does--and what they got was a horrendous and traumatic experience," said Leverette.

While Nemours can't comment on specific cases due to HIPPA, WDEL asked about general policies and procedures for reporting cases to the Division of Family Services. They refused to answer those questions.

Shawna Milton, who became emotional at times, also believes her family being reported to DFS was the result of implicit bias.

"We are not a neglectful family; we're a two-parent household; we're God-fearing, we're Christian; we're college-educated, we're homeowners. There was no reason for Nemours and DGS to get involved for something as treatable as constipation," said Milton. "Systemic racism is real, it's embedded in all fibers of America, in our systems and our culture, so if this happened to us, imagine what's happening to other families who do need help, who are doing the best that they can to care for their child. Why would you try to do something to deter them from getting help?"

WDEL also inquired on whether Nemours staff undergo implicit bias training. Those questions also went unanswered.

“Nemours Children’s Health is committed to delivering excellent, equitable and safe patient care for every child, in the best interest of the child. We follow this principle and our obligations under relevant laws. We care for the health and well-being of all children," said Nancy D'Argenio, Manager of Public and Media Relations for Nemours Children's Health.

"We're getting attacked in multiple ways. This here, should not happen, when we're bringing our children here to get help," said Watson.

WDEL also reached out to the Delaware Department of Services for Children Youth and Their Families, under which DFS falls, for data on hospitals reporting cases of suspected child abuse and how many cases are found to be legitimate. DSCYF was working on getting WDEL that data.

Igwe said they're seeking changes to the DFS system as well as unspecified monetary damages for personal injuries, pain and suffering, and medical expenses.

"Children who came here for help weren't at all victimized or being abused, and unfortunately, they had to endure being investigated by Child Protective Services," said Igwe.