Nurse With Criminal Past Hit Special Needs Child Assigned to Her Care: Lawsuit

A South Holland mom is expected to file a lawsuit Tuesday against a home health care provider over claims that her disabled daughter was abused by an employee with a criminal record while attending a Chicago Heights special needs school.

The plaintiff, Veniscia Humphrey, is suing Pediatric Services of America, Inc., for physical abuse her young daughter suffered at the hands of one of the agency’s nurses, who had an extensive criminal background.

During the fall of 2013, Humphrey’s young daughter, Teniscia, who suffers from permanent disabilities resulting from a traumatic birth injury, began kindergarten at Speed School Dist. 802’s Early Learning Center, 1125 Division St., Chicago Heights.

Teniscia is diagnosed with hypoxic ischemic encephalogoy, cerebral palsy and seizure disorder and required the a personal nurse to accompany her throughout the school to assist with her daily activities and all other aspects of her medical care.

Around Sept. 9, 2013, Humphrey’s daughter was assigned to Theresa D. Lilly-Dale, a licensed practical nurse hired through Pediatric Services of America, Inc. Humphrey and her attorneys allege that Nurse Dale was talking on her cell phone when she repeatedly hit and slapped the profoundly disabled minor girl.

The incident was witnessed by at least two teachers at the school, the complaint maintains.

Soon after the alleged abuse occurred, Lilly-Dale was ordered by Pediatric Services of America, Inc. not to have any contact with Teniscia until an investigation was completed.

Later, in December that same year, the complaint contends the Illinois Department of Child and Family Services determined that credible evidence of child abuse or neglect was found during their investigation of Lilly-Dale.

It was also learned that Lilly-Dale had an extensive criminal background prior to becoming an LPN, the plaintiff’s attorneys say.

According to court records the nurse was arrested twice in 1991 for felony theft. In 1998, Lilly-Dale pleaded guilty to felony fraud and felony theft charges. She was also arrested for aggravated assault with a gun or knife. Later, in September 2005, she was arrested for knowingly committing property damage, the complaint says.

Humphrey charges in her lawsuit that Pediatric Service of America, Inc., failed to adequately check Lilly-Dale’s background prior to hiring her as a nurse, in which the agency would have learned about the nurse’s criminal past.

In July 2014, Lilly-Dale was convicted of battery for the attack on the child in Cook County. The court also ruled that Lilly-Dale was to have no contact with special needs children for a period of two years, the complaint maintains.

"This health care agency must take responsibility for hiring a nurse with a criminal background and an abusive temperament and assigning her to care for an extremely vulnerable child," Humphrey's attorney Mark McKenna said.

The lawsuit will be filed Tuesday in Cook County Circuit Court. Humphrey is asking for damages in excess of $50,000. Humphrey is being represented by Chicago trial attorneys McKenna and Christopher Hurley, of the firm Hurley McKenna and Mertz.

"This severely disabled and helpless child was forced to endure an abusive attack that no child should have to experience," McKenna said. "Because of her limited mental abilities and young age, the victim will never understand that she did not deserve to be abused and neglected by a professional nurse."