Childcare giant C & K faces negligence claim over child who swallowed battery
A mother’s worst nightmare unfolded when her critically injured daughter arrived at the very emergency department where she worked as a nurse, sparking a multimillion-dollar legal battle.
A mother who says she suffered post-traumatic stress disorder after her daughter, who swallowed a button battery, was admitted to an emergency department where she was working has launched a $2.9m damages claim against a childcare giant.
A statement of claim, filed in the Supreme Court of Queensland, states that the woman’s then five-year-old daughter on 11 October, 2021, swallowed a button battery which is alleged to have occurred while at the C & K Maleny community kindergarten on the Sunshine Coast.
The girl was taken by her father to the Sunshine Coast University Hospital and was then transferred to Queensland Children’s Hospital.
She was in an induced coma for several days and spent weeks recovering as an inpatient. She suffered serious internal injuries and has ongoing health consequences.
In the statement of claim, the 42-year-old mother of the girl, who is known by a pseudonym as Jane Smith by order of the Supreme Court, was a nurse on duty at the emergency department on the day her daughter was admitted.
The claim alleges she has since developed post-traumatic stress disorder, suffering nightmares, intrusive thoughts, flashbacks and severe anxiety after seeing her daughter when she was admitted.
Ms Smith has filed a damages claim against the Creche and Kindergarten Association Limited seeking damages negligence, breach of contract, breach of statutory duty and breach of guarantee.
The claim alleges that C & K Maleny breached its duty of care, statutory duty, contract and guarantee by failing to adequately inspect the premises, supervise children, train staff, enforce safety procedures and maintain systems to prevent hazards.
It further alleges that staff were not adequately trained, supervised, or supported to identify and remove known hazards such as button batteries. It also alleges that staff did not observe the child swallow the button battery, did not know what she had ingested, and phoned her parents.
However C & K has filed an 18-page Notice of Intention to Defend and Defence in the Supreme Court of Queensland saying many of the allegations were untrue.
Lawyers for C & K said the plaintiff also knew the risk of her child’s “abnormal behaviour” which was ingesting foreign objects including button batteries.
They claim that Ms Smith should have informed the C & K Maleny about her child’s behaviour and not enrolled her child in the kindergarten which would have prevented the situation from occurring.
“The plaintiff would not have suffered the consequential, pure psychiatric injury and the associated loss and damage which she now claims,” the court documents said.
Ms Smith returned to work after the incident and worked until the start of maternity leave for the birth of her third child.
Managing partner at Travis Schultz & Partners Travis Schultz, who is acting for Ms Smith said the psychological toll of the event has been devastating.
“By pursuing this claim, my client hopes to raise awareness of the legal obligations early childhood services have to protect children from foreseeable risks and hazards,” he said.
“In doing so, she is not only seeking justice for her own daughter but encouraging higher standards of care across the sector, in the hope that other families don’t go through the same ordeal.
“As the matter is before the courts, it would not be appropriate for me to comment on the specifics of this case or the evidence.”
Since 2013, three Australian children have died from button battery ingestion.
C & K operates more than 320 kindergartens and childcare centres across Queensland.
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