Professional Negligence Law Reporter

Attorneys from Defender Association of Philadelphia were assigned to represent twins John and Jane Doe, who were placed in foster care. During visits with the twins, their biological father learned that they were being spanked. Jane Doe also disclosed that she was made to sit on the floor in her underwear in front of her foster father. The biological father informed the foster care agency, Bethanna, and Defender Association about these issues. More than a year later, a Bethanna caseworker learned from the Does that they were being spanked. The foster parents admitted to physically disciplining the children, who were later removed from the foster home.

Jane Doe later told her new foster mother that her previous foster father had sexually abused her. Now 8, the Does suffer from mental distress.

The Does sued Defender Association, Bethanna, and the first foster parents, alleging professional malpractice against Defender Association, negligence against Bethanna, and assault and battery against the foster parents. Suit alleged that Defender Association had failed to investigate all claims related to the children and that the agency failed to ask adequate questions about Jane’s disclosure that she was forced to sit on the floor in her underwear.

The jury awarded $4.5 million, apportioning liability at 55% to Defender Association, 20% to Bethanna, 20% to the foster father, and 5% to the foster mother. Posttrial motions are reportedly pending.

Citation: Doe v. Defender Ass’n of Phila., No. 170702958 (Pa. Ct. Com. Pl. Phila. Cnty. Nov. 21, 2018).

Plaintiff counsel: AAJ members Nadeem Bezar and Emily Marks, both of Philadelphia.