West Virginia Record

CHARLESTON – A parent is suing Precious Moments Daycare after her son was allegedly injured while in its care.

Alisha Cooper, Christopher Cooper, the West Virginia Department of Health and Human Resources, Rocco S. Fucillo and Drema Welch were also named as defendants in the suit.

On Jan. 28, 2011, D.M. dropped Z.M. off at Alisha Cooper’s home, from where she operated Precious Moments, according to a complaint filed Jan. 25 in Kanawha Circuit Court.

D.M. claims later that day, she received a phone call from Alisha Cooper indicating that Z.M. had been taken to Williamson Memorial Hospital, where he was treated for a closed head injury.

Z.M. was then was transported to Cabell Huntington Hospital, and there he was diagnosed with severe head trauma that was ruled non-accidental by treating physicians, according to the suit.

D.M. claims an investigation ensued in which it was discovered that Alisha Cooper was allegedly not home at the time of Z.M.’s injury and had left him in the care of her husband, Christopher Cooper, who was never screened or authorized by WVDHHR to provide in-home child care.

Z.M.’s head trauma occurred approximately two to four hours before D.M. was notified and during the course of the investigation, it was discovered that the defendants had no liability insurance for the benefit of children cared for at Precious Moments, according to the suit.

D.M. claims the defendants were negligent in caring for her son.

The WVDHHR and Welch violated West Virginia law by issuing an illegal provisional license that resulted in an uninsured state-regulated daycare, according to the suit.

D.M. is seeking compensatory damages. She is being represented by JB Akers.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 13-C-165