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Wednesday, 25 March 2009 20:56

Civil suit following toddler’s death blames DSS for failing to intervene

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A lawsuit filed against the Haywood County Department of Social Services charging the agency could have prevented the death of a 22-month-old baby but failed to take her out of harm’s way continues to make its way through the courts.

The child, Adrianna Lynn Earley, died in November 2006 of “acute oxycodon toxicity” after she got into her mother’s pills in Waynesville, court documents state. The mother, Heather Lacey, admitted that she had prescriptions for Oxycontin and Percocet. She was convicted of involuntary manslaughter in 2008.

Assistant District Attorney Jim Moore prosecuted the case and told The Smoky Mountain News last week that Lacey and the child were spending the night at a couple’s house in Waynesville. When Lacey and the child went to bed the pills were in Lacey’s purse. Lacey woke up to find the child dead and the pill bottle open, Moore said.

Moore said leaving the pills so the child could get to them was reckless and careless. District Attorney Mike Bonfoey compared it to “leaving a loaded gun in reach of a child.”

Now that the criminal proceedings are complete, the baby’s father, Joey Earley, has filed the civil lawsuit representing the child’s estate. The lawsuit charges that DSS could have prevented the death of the child but failed to heed warnings about Heather Lacey being a danger to the baby.

“They (DSS) had a report before them that this lady was dangerous to the child, and they didn’t take action to protect the child,” said the plaintiff’s attorney, Randy Seago of Sylva.

Superior Court Judge Laura Bridges in Jackson County has ordered the Haywood County Department of Social Services to turn over Lacey’s medical records after they were requested by Seago. Seago said the medical records deal with drugs Lacey was allegedly on when DSS was investigating her.

Haywood County and DSS hired Attorney Christopher Geis of Winston Salem to represent them in the suit. DSS’ position in the case is that it did the best it could for the child and could not have prevented the death, Geis said.

There is no trial date set, but Seago thinks the case could be heard this summer.

It took a court order from Superior Court Judge Bridges presiding in Jackson County to release the medical records because such documents are confidential.

Geis said Heather Lacey is now in the custody of the Women’s Prison in Raleigh but is scheduled to get out this month after a 13- to 16-month sentence.

Specific damages being sought in the case are unknown because in North Carolina civil suits heard in Superior Court only specify “over $10,000.”

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