Surveillance video allegedly shows a worker at the California daycare Bay Club in El Segundo hoisting a child in the air and dropping him on his head (KTLA/YouTube).
A California daycare has been accused of lying about how a toddler suffered a traumatic brain injury, telling the parents an employee "fell over" while holding the child from a height of "only about 1.5 feet above the ground," a lawsuit says. Surveillance video allegedly tells the true story.
"The deception by the Bay Club of hiding this horrific incident from the parents is inexcusable," attorney Ryan Saba, who is representing the child's parents, said in a statement. "The day care facility should have the highest amount of care for the children, and if a child gets sick or injured, they should notify the parents with transparency and urgency."
According to the family's legal complaint, a worker at the Bay Club daycare in El Segundo was caught on video swinging the child back and forth by his arms before tossing him over her head. The complaint says the staffer "released C.K.'s hands while he was above the employee's head" and dropped him from a height "approximately 6 feet above the ground" as she tumbled backward.
The toddler allegedly landed on the hardwood floor and hit his head, with the employee falling on top of him.
"The employee hoisted [the child] up into the air and over her head," the complaint says, calling the Bay Club's claims about what happened a "complete lie" after it allegedly failed to mention the worker was swinging the child. "The employee released [the child's] hands while he was above the employee's head."
According to the boy's parents, the Bay Club gave them "the impression that [the child] only sustained a minor injury" and that their child was "causing stress on the staff." The complaint says the boy was "crying hysterically."
The child was taken to a local hospital later that day and allegedly treated for a concussion, traumatic brain injury and facial abrasions.
The Bay Club sent a statement to local NBC affiliate KNBC saying, "We are unable to comment on ongoing litigation. At the Bay Club, the safety of our members, team members, and the families we serve is our highest priority."
The child's family is demanding a jury trial.