A recent report from the Miami-Dade Medical Examiner’s Office has shed light on a distressing injury sustained by a 9-month-old boy prior to his tragic death at a Homestead daycare facility last year.
According to the report unveiled on Monday, Tayvon Tomlin had suffered a “partially healed skull fracture” that had occurred approximately seven to twelve days prior to the incident, as reported by NBC 6. Trayvon had only just started walking in the weeks leading up to his passing, leading investigators to consider the possibility that the fracture may have resulted from an accidental fall.
However, the cause of Tayvon’s death remains undetermined, as stated by NBC 6. Michael Levine, an attorney representing the Tomlin family, expressed their concerns regarding what remains unknown about Tayvon’s time at the daycare, as they did not witness any falls or injuries.
“The reports of the skull fractures are concerning, particularly if they happened at the daycare, which did not have working cameras in the infant room,” Levine stated. “Although the medical examiner could not determine the cause of death, we know the daycare’s negligence is the reason why Tayvon is no longer with us today.”
In July of last year, Tayvon was discovered lifeless by a daycare worker at Lincoln-Marti Daycare on 510 Krome Ave. Family members, including his parents, rushed to the scene, mentioning that he appeared “energetic” before being dropped off that morning. Tayvon’s grandfather, Sean Tomlin, revealed to the Miami Herald that he had played with the infant before he was taken to daycare.
Video footage shows a daycare worker holding the unresponsive child upside down while patting his back repeatedly for approximately 30 seconds. Trayvon was wearing only a white diaper. Two other short clips, each lasting less than 20 seconds, captured a woman walking while cradling the lifeless child and administering mouth-to-mouth resuscitation.
In August, the Tomlin family filed a lawsuit against the Lincoln Marti Community Agency and its staff, alleging negligence. The lawsuit claimed that the daycare was understaffed, inadequately trained its workers, and left children unattended.
The lawsuit referenced the Childcare Facility Handbook, which outlines the laws and requirements for daycare centers in Florida. While state regulations mandate one worker for every four children, the lawsuit asserted that on the day of Tayvon’s death, a lone worker was responsible for overseeing eight children.
In January, the owners of Lincoln-Marti Daycare agreed to a $5 million settlement with the Tomlin family. As part of the agreement, the grieving family dropped the lawsuit. “I’m still hurting,” expressed Tayvon’s mother, Keiara Whorely, aged 25, in January. “Something is missing. My son is missing.”
