| The father of a toddler who stepped on a ball at a local pharmacy, twisted his ankle and broke his leg, said he intends to move forward with a lawsuit against Children's Protective Services (CPS), as well as a local hospital and pharmacy.
The two year old was ordered from the family home while CPS conducted a days-long investigation into possible child abuse after the boy was treated at a local hospital emergency room. Attending physicians quickly determined the fracture was an accident, but CPS caseworkers were slow to respond due to the fact that the mother is employed by Child Advocates of Fort Bend County.
“I have an appointment with an attorney Wednesday morning, and I'm really hoping she'll take the case,” county district clerk employee John Iturburo, the boy's father, said Monday morning.
Gwen Carter, spokesperson for CPS, said Monday she is unable to comment because “we have no public record” for review.
Carter also said CPS is not allowed to comment specifically on individual cases.
“In cases where we have young children,” she said, “we err on the side of caution because we want to make sure nothing has occurred that would put them in danger.”
Walgreens corporate spokeswoman Carol Hively said Monday, “We have cooperated with the investigation of this matter but would not be able to comment further at this time.”
A spokesperson for Memorial Hermann Hospital was unavailable for comment Monday morning but said via e-mail Friday that personnel followed hospital procedure and state law.
The accident occurred Saturday evening, March 15 at the Walgreen's store at Highway 6 and West Airport. Iturburo and his wife, Maria Barrera, immediately took their son to the emergency room at Memorial Hermann Hospital on U.S. 59 and the Grand Parkway, where CPS was called.
The following day, a CPS case worker showed up at their home, Iturburo said, and told the couple they would have to turn their son over to a family member while the investigation proceeded or he would be removed from the home. The distraught parents took the boy to his grandmother, who was required to be with him anytime the parents were around.
After providing three letters from physicians - including the emergency room doctor who treated the boy - stating there was no sign of abuse, CPS still refused to allow the child to return home.
Dr. Nelson A. Davino of Richmond Bone and Joint Clinic stated in his letter, “I see absolutely no evidence of child abuse from non-accidental trauma.”
Likewise, the boy's pediatrician, Dr. Michael Bishop, described the parents as “responsible” and wrote in his letter that his examination revealed “absolutely no physical signs of non-accidental trauma or neglect.”
Dr. Andrew Psyk, the attending emergency room physician, said he believed “the mid-level provider” who originally examined the boy may have called CPS without his approval. Psyk's letter stated he believed the injury “was the result of an accident and not the result of any parental abuse or neglect.”
But when Iturburo presented the letters to CPS, as required, he was told because his wife works for Child Advocates and he is employed by the district clerk's office, theirs was considered a “fragile case” which must be turned over to outside reviewers from the Brazoria County CPS office.
Iturburo said the Brazoria caseworker demanded hospital records and a video of the incident from Walgreen's before the case could be closed. Walgreen's, however, refused to turn over the video.
By Wednesday morning, desperate for help, Iturburo decided to seek the advice of an attorney, who promptly called the Fort Bend Herald.
Within hours of the newspaper's involvement, the boy was back home. The attorney advised Iturburo to inform CPS he had complied with all their requirements and was rescinding his voluntary placement of the boy with his grandmother.
Iturburo said he has decided to file a lawsuit because of the grief and trauma CPS caused his family, hoping the legal action will keep others from going through the same type of ordeal.
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