US Mum Sues Nigerian Nurse & Staffing Company Over 22-Month-Old Baby’s Death

Cynthia Mondesire, 32, the mother a 22-month-old girl, who prosecutors say died after being placed in a scalding-hot bath by her nurse, has reportedly filed a lawsuit against the caretaker and organization that assigned her.

She filed the wrongful death suit in Queens Supreme Court alleging that the negligence of licensed practical nurse Oluyemisi Adebayo, 55, killed her little daughter, Naomi Mondesire.

Adebayo was served papers for the case at Rikers Island, where she is awaiting trial on a second-degree murder charge in the tot’s April 27 death.

Authorities said that she placed Naomi, who had a tracheotomy and other defects from a premature birth that required nursing care, in a bath as hot as 130 degrees for as many as 30 seconds on April 21.

The tot suffered second- and third-degree burns from the bath, authorities determined, dying from related injuries six days later.

Adebayo was arrested at Kennedy Airport on April 29 after trying to board a flight to her native Nigeria, officials said at the time.

The civil suit, filed in July, also names employer Harry’s Nurses Registry for malpractice, saying that the firm failed to properly investigate a previous complaint against Adebayo.

Danielle Barthel, whose 2-year-old son, Tyler, also has special needs that require nursing, says she employed Adebayo from Harry’s for only four days in early April.

Adebayo was about to give Barthel’s son his twice-daily seizure medication at 2 p.m. on April 7 — five hours before he was scheduled to receive his second dose of the day, Barthel says.

The mistake could have sent her child into a coma, she claims.

Barthel called 911, informed the police about the incident, and says she even sat down with the owner of Harry’s Nurses.

But police said they couldn’t make an arrest because the nurse hadn’t actually administered the medicine, Barthel says.

And she claims the owner of Harry’s Nurses also said there was nothing he could do.

“I said, ‘This is crazy, you’re just going to send her to another home, this is endangerment!’ ” Barthel said. “And then two weeks later, she was in the news.”

Barthel said she hasn’t hired a nurse since because of the experience, although her son needs the care.

A person who called himself the manager of Harry’s told The News that his agency was just a “broker” between government programs and the nurses.

“We don’t have control over the nurses, what they do,” the manager, who revealed only a first name, Harry, told The News. “We don’t know what they do. . . . I don’t have a camera on all 100 nurses. How can you monitor it?”

The firm’s owner, Harry Dorvilier, has been named in lawsuits before. He was also convicted of grand larceny in 2012 for stealing from his employees while telling them it was for insurance.

Adebayo’s criminal defense attorney, Stephen Flamhaft, declined to comment.

Mondesire’s civil attorney, Stuart Tarshis, said the family is seeking upward of $1 million.

The grieving mother declined to comment through Tarshis.

“The loss of a child is something no one should have to go through,” Tarshis said. “It’s been devastating to the family.”

Source: DailyNews