Also named were the child’s mother and three nurses, all of whom are facing criminal charges in girl’s death.
Makayla Norman died March 1 at Children’s Medical Center of Dayton. The Montgomery County coroner ruled that she died of “medical and nutritional neglect.’’
The suit, filed Thursday in Montgomery County Common Pleas Court by Claude Norman, alleges those named did not provide the care and/or supervision necessary to keep Makayla alive.
Both CareStar and Exclusive were paid through Medicaid; CareStar to monitor and supervise the care plan and Exclusive to provide and supervise Makayla’s care.
Sylvia Grubbs, Exclusive’s owner, was unaware of the lawsuit and declined comment Thursday. Telephone calls to CareStar were not returned.
Claude Norman was divorced from Makayla’s mother, Angela Norman, a number of years ago and moved to Florida, according to his attorney, J. Pierre Tismo. Claude Norman returned to Dayton two years ago, Tismo said.
“He’s had limited involvement with his daughter since he returned,” Tismo said. “He was always told everything was fine. He was kept in the dark by Parsons and Angela. He could never get past those gatekeepers, who were continuing their cover-up (of Makayla’s condition).”
The lawsuit asks for actual compensatory damages in excess of $25,000 and in excess of $25,000 in punitive damages on each of five counts, plus costs and attorneys’ fees.
When Makayla died, she was under the care of her mother and a licensed practical nurse hired by Exclusive.
Makayla’s care was monitored by two registered nurses — one hired by Exclusive, the other by CareStar.
The licensed practical nurse, Mollie Parsons of Dayton, remains in the county jail on $250,000 bond, along with Makayla’s mother, Angela Norman, following their November 2011 indictment on charges of involuntary manslaughter. Parsons and Angela Norman are to go on trial April 18 on the felony charges.
Kathryn Williams of Clayton was the registered nurse hired by Exclusive to supervise Parsons’ care of Makayla and to see the child face-to-face every month.
She also was indicted in November 2011 for failing to provide care to a functionally impaired person and failing to report child abuse.
She is to go on trial as well on April 18. The license for Mary Kilby, a registered nurse working for CareStar as Makayla’s case manager, was supposed to ensure Makayla was receiving proper care.
Kilby was indicted with the others on charges of failing to provide care to a functionally impaired person and failing to report child abuse. She also has an April 18 trial date.
The day after the Dayton Daily News published an extensive investigation into Makayla’s death, the state Department of Jobs & Family Services canceled all of Exclusive’s agreements to provide Medicaid-funded care to patients. Exclusive has appealed that action and has a hearing in May.
DJFS also chose to rescind a previous decision to extend CareStar’s contract.
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