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Aug 13, 2008 8:13 am US/Eastern
New Developments In Teen Starvation Lawsuit
PHILADELPHIA (CBS 3) ―
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Danieal Kelly, a 14-year-old with cerebral palsy, died a harrowing death at 42 pounds after weeks of neglect.
CBS
A pair charged in the starvation death of their bedridden teenage daughter has removed their name from a lawsuit against Philadelphia officials.
Attorney Brian Mildenberg said he is representing the estate of 14-year-old Danieal Kelly, a teen with cerebral palsy who died of malnutrition over two years ago. Mildenberg said the $50,000wrongful death lawsuit is not about money, but about making changes in the system.
"She's (Kelly) no longer here, but her estate is and that is who is suing, not the parents," he said.
Mayor Michael Nutter had a different opinion of the lawsuit.
"It's absurd, it is disgusting at any possible level," Mayor Michael Nutter. "The parents essentially murdered their daughter and then turn around and sue us and try to collect money."
Kelly's mother, Andrea, has been charged with murder in the teen's death. The teen's father, Daniel Kelly, has been charged with endangerment. Mildenberg said both parents are aware that if they are convicted, they will not receive any money if the lawsuit is successful.
"The remaining beneficiaries of the estate at that point in time are the siblings of Danieal Kelly," he said.
Danieal was found starved to death and with severe bedsores in a sweltering, filthy West Philadelphia home in August 2006.
Nine people have been charged in the teen's, who was under the protection of the city's human services agency. The defendants are her parents, three family friends, two private employees and two city social workers.
The city's Department of Human Services suspended seven administrators a week ago in the case. A grand jury report said they failed to supervise derelict employees and, in some cases, falsified paperwork to cover up the neglect that led to Danieal's death.
"There has to be a case for liability to make changes and that's what we're doing here," attorney Brian Mildenberg said.
Nutter said he intends to defend the lawsuit vigorously. Lawyers for the state and city are moving to have the lawsuit thrown out, saying it has no merit.
(© 2009 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
