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PRESS RELEASE--BREAKING NEWS

$166 MILLION JURY VERDICT AGAINST NEW JERSEY DYFS

On December 13, 2013, a New Jersey jury consisting of four men and four women delivered a landmark $166 million verdict against the New Jersey Division of Youth and Family Services (DYFS) on behalf of Jadiel Velesquez, a four year old boy who was catastrophically injured by his father, Joshua Velesquez, when DYFS failed to remove Jadiel from his parents home. At the time of the attack, Jadiel was only 3 months old. This is the largest personal injury verdict in New Jersey history and dwarfs any other verdict or settlement against DYFS or the State of New Jersey. It is also the largest verdict against a child protective services agency in the nations history. Joshua Velesquez pled guilty to second degree aggravated assault and child abuse of Jadiel and is serving a six year prison term. Jadiel born normal and healthy is now profoundly brain injured and crippled for life. He is blind, unable to walk or talk, fed only through a stomach tube (G-tube), and suffers with seizures requiring round the clock specialized nursing care. Jadiel is now cared for full-time by his grandparents Noemi Escobar and Jose Betances of Hillside, New Jersey along with a team of nurses, therapists and doctors. Noemi Escobar hopes and prays that DYFS will never let this happen to another innocent child. Through their lawyers, Jadiels grandparents were able to prove that DYFS violated countless laws and DYFS policies by failing to remove Jadiel from his home after he was brought by DYFS to Newark Beth Israel Medical Center on May 28, 2009 with unexplained bruises on his neck/cheeks and the examining physician advised DYFS that he highly suspected child abuse. DYFS also learned that Joshua Velesquez was an unmedicated bipolar with a history of domestic violence against his ex-girlfriend and Jadiels mother, and a crack pipe was found in Jadiels diaper bag. DYFS claimed to investigate the case over the next six weeks but

never acted to remove Jadiel from the home even after defendant-caseworker Felix Umetiti recognized that Joshua was a serious danger to Jadiel. DYFS also failed to perform many required steps of the investigation, such as failing to obtain Joshuas extensive criminal history, failing to have Joshua evaluated by a psychiatrist, and failing to immediately refer the case to the prosecutors office and the Regional Diagnostic Treatment Center for a full child abuse evaluation as required by the law. Even though DYFS recognized that Jadiel was in danger, on June 26, 2009 Umetiti went on a three week vacation and his supervisor, co-defendant, Nussette Perez never had anyone check on Jadiel. On July 16, 2009, Joshua viciously attacked Jadiel causing the catastrophic injuries. The case was tried by David Mazie and his partner, Beth Baldinger over two weeks before the Hon. James Rothschild, J.S.C. of the Superior Court of New Jersey in Newark New Jersey. Mr. Mazie says that the laziness of the DYFS workers and their callousness and disregard for Jadiels safety was shocking and a clear sign of systemic problems at DYFS. According to Mr. Mazie, the verdict sends a message to DYFS that its failure to protect our children will not be tolerated and that change has to happen immediately. Mr. Mazie is wellknown for his landmark $110 million jury verdict against Aramark for serving a visibly intoxicated patron at Giants Stadium which resulted in a car accident which left two year old Antonia Verni a ventilator dependent quadriplegic. This is the only other personal injury verdict in excess of $100 million in New Jersey history. A press conference will be held at the offices of Mazie Slater Katz & Freeman, LLC, 103 Eisenhower Parkway, Roseland, New Jersey on Monday, December 16, 2013 at 10:30 a.m. FOR MORE INFORMATION CONTACT:
DAVID A. MAZIE, ESQ./dmazie@mskf.net BETH G. BALDINGER, ESQ./bbaldinger@mskf.net MAZIE SLATER KATZ & FREEMAN, LLC (973) 228-9898

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