MINNEAPOLIS–(BUSINESS WIRE)–A lawsuit brought by the family of a two-year old boy who died after
contracting E. coli in a Greenwood, S.C. daycare has been
resolved by payment of $1 million to the family of Myles Mayfield.
Evidence in the case showed that a teacher in the daycare got sick in
early May of 2015 and was subsequently notified by the S.C.
Department of Health & Environmental Control she had tested
positive for E.
coli. Deposition testimony revealed the daycare directors were
aware of the teacher’s positive E. coli test, yet took no action,
ignoring state regulations requiring exclusion of the teacher and
notification of the parents. When questioned in the lawsuit, the
directors claimed they did not know the regulations required
notification of the parents and that they were not aware of the dangers
of E. coli.
“Myles first got sick on May 26th and tested positive for E. coli
on May 29th,” said the family’s attorney Eric
Hageman. “At that time, the Mayfield family had been told nothing
about the presence of E. coli at The Learning Vine. Had they
known on May 19th that a teacher who tested positive for E. coli
was continuing to teach, in violation of state regulations, the
Mayfields could have made a different choice with Myles. Instead, the
family was kept in the dark and Myles died from the same strain of E.
coli as the teacher had.”
“The result of the daycare’s failures in this case was as predictable as
it was tragic,” Hageman said. “E. coli is incredibly dangerous to
young children, which is why we require teachers to stay away until we
know they are no longer a danger. If the rules were followed here, this
tragedy could have been avoided.” Addressing the settlement, Hageman
also said, “The family’s objectives in filing this lawsuit were clear
and unwavering – to find out exactly what caused Myles to get sick and
to hold accountable those who were responsible for his death. Throughout
the course of this case, we have achieved those objectives.”
Barry Mayfield also issued a statement on behalf of the family:
“This lawsuit was never about money. All the money in the world can’t
bring back Myles. By filing
this lawsuit, we just wanted some accountability, so that no other
family would ever have to lose a child the way our family did. We hope
that by shining a light on what happened to Myles, future tragedies can
be avoided. While we will forever feel the pain of the loss of Myles, we
are dedicated to ensuring that his death was not in vain and that those
responsible for operating daycares will follow the rules and will put
the safety of children first.
“We are hopeful our family can move past all of the anger and pain so
that healing can occur. Our goal is to release the hurt we feel and to
focus on making those we entrust with taking care of our children aware
of the dangers of E. coli and other bacteria. If something good
can come out of something bad, we would feel that Myles’ death was not
PritzkerOlsen, a national law firm, helps people sickened in E. coli
outbreaks and their families. For further questions attorney Eric
Hageman can be reached at 1-888-377-8900 (toll free) or via the firm
The firm’s offices are headquartered in Minneapolis, MN.
Eric Hageman, 612-338-0202