Dayton Children Hospital said in a statement: “While we cannot comment on specifics of pending litigation, we grieve the loss of Takoda Collins and our deepest sympathies are with the family.”
In the complaint, the estate says Takoda was taken to the emergency room on or about Nov. 16, 2018 with a large cut on his foot that required surgery.
“A woman who the hospital incorrectly identified as the mother of the patient stated that she believed Takoda was sleepwalking and had gone upstairs and jumped out of a second-story bedroom window,” the complaint says.
“Takoda stated he was having a nightmare and punched out the window trying to get out because he was ‘scared’ and he believed ‘someone was trying to kill him’,” the complaint says. “Takoda later stated he has nightmares that involve ghosts and vampires that tell him to hurry up and get out of the house.”
The child was accompanied by his father and his father’s girlfriend at all times during his treatment, the lawsuit says, and was not separated or questioned alone by any of the health care providers.
An examination found that Takoda suffered multiple abrasions and injuries, according to the complaint. The next day, the complaint says Takoda saw a social worker, and the social worker was informed that Children Services had previously been involved with Takoda.
“(The social worker) was aware or should have been aware that Takoda had told physicians that he was trying to get out of the house because he was scared,” the complaint says. “(The social worker) was aware or should have been aware that Takoda suffered from multiple abrasions to his body.”
The lawsuit says the social worker recommended further evaluation by behavioral health and/or psychology but didn’t contact Children Services as required by state law when abuse is suspected.
The estate alleges in its lawsuit that Dayton Children’s Hospital departed from accepted standards of medical care when caring for Takoda.
Authorities responded to Takoda’s home last December and said they found Takoda unresponsive. He was taken to Children’s Hospital, where he was pronounced dead. Authorities said in court documents they believe Takoda had been subjected to abuse for years.
Three people have been charged in connection to the case, including Takoda’s father, Al-Mutahan McLean; his father’s girlfriend, Amanda Hinze; and the girlfriend’s sister, Jennifer Ebert.
Previously, Takoda’s estate also has sued Montgomery County and Montgomery County Children Services, alleging wrongful death and that not enough was done to protect the boy.
The county, in a response filed in the case, denied those allegations and that lawsuit is still pending.
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