Tayvon Tomlin’s parents have reached a $5 million settlement with the owners of the Lincoln-Marti daycare center in Miami, Florida, after their 9-month-old son was discovered unresponsive.
Tayvon died nearly 7 months before the settlement. The official cause of death and the results of the police investigation have yet to be determined.
Tayvon’s parents, Keiara Whorley and Devonte Tomlin, filed a wrongful death lawsuit in October, accusing Lincoln-Marti of “incompetence, poor training, and inadequate staffing.”
Lincoln-Marti admitted in court documents that they knowingly violated Florida laws requiring one daycare worker for every four infants in a facility. On the day of the incident, July 19, there was one worker for at least seven infants.
According to surveillance footage, the babies were left completely unattended for 45 minutes. Tayvon was unresponsive with a slight pulse when the caretaker returned. As seen in the video, the daycare workers attempted CPR, but it appeared to be ineffective.
Tayvon was then taken to the hospital and pronounced dead.
Meanwhile, his parents are still trying to figure out what happened. As part of the settlement, they had to drop the lawsuit, which they hoped would hold the daycare accountable. They also wish for a change in daycare center protocols to prevent this from happening again.
“Whatever comes of this, we want to impact parents to not be in this situation,” Whorley told Miami Herald.