Woman blames DHHR for toddler's death

CHARLESTON -- A woman is suing West Virginia Health and Human Resources for the death of a three-year-old girl.

Children First, LLC, was also named as a defendant in the suit.

A.F.W. was diagnosed with cystic fibrosis in June 2008, when she was an infant, according to a complaint filed Dec. 30 in Kanawha Circuit Court.

Teresa Kidd claims Children First conducted more than 40 in-home services on behalf of the WVDHHR regarding the abuse and neglect of the child.

Tracy Wright, A.F.W.'s mother, admitted to not filling her child's prescriptions, according to the suit.

Kidd claims A.F.W. died on Dec. 29, 2010, as a result of the abuse and neglect.

The defendants failed to thoroughly and adequately investigate the referrals made and failed to complete their investigations in compliance with rules and regulations, according to the suit.

Kidd claims on March 1, 2010, Child Protective Services opened a case on the family due to concerns that A.F.W. had cystic fibrosis and Wright was non-compliant with the child's medical treatment plan, which included giving her one capsule of Creon up to four times per day and one milligram of Adeks by mouth once per day.

Child Protective Services further noted that A.F.W. had not been seen by her physician for more than one year, according to the suit.

Kidd claims almost immediately, Wright began canceling in-home appointments and continued to make excuses of why they needed to be canceled.

Despite numerous warnings, the defendants failed to protect A.F.W. from the abuse, according to the suit.

Kidd is seeking compensatory and punitive damages with pre- and post-judgment interest. She is being represented by Shawn R. Romano.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 11-C-2331