| HeraldNet - Snohomish County's online news source |
 TUESDAY, FEBRUARY 9, 2010 11:08 am |
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Local News 
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Record $6 million payout to starved boy A lawsuit over the near-fatal starving of an Everett boy has been settled for $6 million, making it the largest amount the state Department of Social and Health services has ever agreed to pay for harm to a single child victim.The settlement was reached on behalf of Shayne Abegg, 6. Shayne nearly starved to death at the hands of his father before he was rescued March 7, 2007. Shayne had wasted away to a mere 25 pounds -- about half the weight of a healthy child his age. His hair was falling out, he could barely stand and he suffered from hypothermia because he didn't have enough body fat to keep him warm. When he first arrived at the hospital, one nurse said he looked like a Nazi concentration camp victim. His father, Danny Abegg, and the man's live-in girlfriend, Marilea Mitchell, withheld food from Shayne to punish him. They've been sent to prison for eight years. David P. Moody, Shayne's Seattle lawyer, alleged state caseworkers failed to protect the child despite numerous warnings the boy was being abused and neglected. DSHS workers didn't adequately investigate reports that Shayne was being starved. A state Department of Social and Health Services review of the boy's case concluded that the state missed a pattern of abuse and neglect, didn't follow policy to make sure Shayne was safe and failed to hold his father, his girlfriend and the boy's mother more accountable for the boy's well-being. Some social workers involved in Shayne's case have since resigned. DSHS also made changes to address the issues found in the state-ordered review, including taking steps to make sure more experienced supervisors oversee these types of cases and social workers get training to help recognize the signs of malnutrition. The state has also made changes to reduce some staff caseloads. Moody planned to ask a jury to award Shayne $22 million for the state's failures. The settlement was reached during mediation talks early Tuesday morning. The state is expected to pay $5 million to Shayne. The remaining $1 million must be paid by contract caseworker Brad Simpkins and Grayson Associates Inc. of Lynnwood. The company was Simpkins' employer during part of the time he worked with the Abeggs. "This is an opportunity for Shayne to avoid all risk to provide all the resources he'll need the rest of his life," Moody said Tuesday. Doctors believe Shayne will suffer from long-term developmental and cognitive problems as a result of his trauma. Any money awarded to Shayne will be put in a trust fund that will be monitored by the court. "Shayne Abegg was a victim of a serious crime perpetrated by his father and stepmother. Unfortunately other adults, including state social workers and law enforcement officers failed to recognize Shayne's plight until it was almost too late," said Kristin Alexander, a spokeswoman with state Attorney General Rob McKenna. "With that said, we believe the settlement fairly compensates him to meet any special needs he may have in the future." DSHS spokesman Steve Williams said that Shayne is in good physical health now. "Any child who has gone through what he's gone through at such an early age may well face challenges in the future," Williams said. "DSHS is pleased we can provide some financial assistance to face those challenges." Moody hopes the settlement also will bring some stability to Shayne's life. The boy has lived with four different foster families since he was rescued, he said. Moody said he believes Shayne was removed from at least two of the homes because of the potential that the foster parents would testify how difficult it can be to care for Shayne and address his special needs. Williams declined to discuss the specifics of Shayne's living situation, citing privacy laws. As to Moody's allegations, Williams said, "We make moves based on the welfare of the child." Snohomish County deputy prosecutor Mark Roe handled the cases against those responsible for starving Shayne. If there is a hero in the case, it is the sister of Marilea Mitchell, who summoned authorities after she saw Shayne's condition, Roe said. "I can't think about this case without thinking 'Thank God,'" for that woman, Roe said. The prosecutor said Shayne has had a difficult life, and he's been troubled that photographs documenting the boy's emaciated condition repeatedly have appeared in news reports. "I just hope that now people will stop exploiting what happened to him and I wish him well," Roe said. Diana Hefley: 425-339-3463, hefley@heraldnet.com. |
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