Rochester, N.Y.- A local law firm says a Rochester mother, wrongfully charged with child abuse after her child suffered severe burns, has won a victory in New York State Supreme Court.
Faraci Lange LLP says the court ruled unanimously that Deliris Diaz’s lawsuit against Little Tummy’s brand laxative manufacturer should not have been dismissed.
The law firm says Diaz sued on behalf of her and her infant son, Jose Marquiz-Diaz, who suffered severe burns from laxative-induced diarrhea in December 2007. After discovering the burns, Diaz took Jose to the hospital where doctors mistakenly suspected the burns were caused by scalding the child with water. Diaz was arrested and charged with child abuse.
As a result, Diaz was separated from Jose and another infant until the court dropped all charges against her following a doctor’s statement that the laxative caused the burns.
The law firm says laxatives containing senna had been reported to cause severe burns when mixed with stool and held against a child’s skin by a diaper. But the Little Tummy’s laxative contained no warnings about senna on its packaging.
Supreme Court Justice Matthew Rosenbaum dismissed the Diaz case against Little Remedies in 2010, ruling that all claims were pre-empted under the Federal Food, Drug and Cosmetic Act.
However in its decision, the New York State Appellate Division ruled the case should not have been dismissed on federal pre-emption grounds.
The court says the lawsuit can continue and Diaz can recover damages for emotional suffering and harm to her reputation and Jose can recover for the pain and suffering caused by the burns.
