Child Brain Injury

In May 2018, a Jefferson County jury awarded more than $30 million to a young boy who was badly hurt while he rested at a Birmingham daycare, Ressurection of Life. Attorneys David Marsh and Dylan Marsh tried the case for the little boy, Christian Dailey, and his parents, Mark and Valerie Dailey. The case grows out of a tragic event on September 25, 2015. Christian, who was 23 months old then, was sleeping in a room with other children. He was lying on the floor directly in front of a television set up on a dresser. There was no daycare worker in the room when something caused the television to fall nearly four feet and land on Christian’s head. Christian was taken to Children’s Hospital of Alabama where he was treated for a skull fracture, a brain bleed and respiratory failure with hypoxia. Christian has not, and will not, ever fully recover from the trauma to his brain. His injuries are permanent and catastrophic. Resurrection of Life Inc. fell into an exception in Alabama law that allows religious-affiliated daycares to operate without typical licensing and safeguards. It is David’s hope that this verdict can be used to change the law so that all daycares in Alabama are held to the same safe standards. David says “all child care facilities should be required to have an appropriate child-to-staff ratio, undergo safety inspections, and have insurance”.