MOTHER OF BOY WHO DIED IN FOSTER HOME FILES SUIT

Seattle Post-Intelligencer

The mother of a 6-year-old boy who died at a Seattle foster home filed a negligence lawsuit yesterday against the boy's social worker, foster mom and doctor.

The suit, filed in King County Superior Court, seeks punitive damages in the death of Domico Presnell, who was found by the medical examiner to have toxic levels of the anti-depressant drug amitriptyline in his bloodstream.

"They neglected this boy to death," said Sim Osborn, attorney for the boy's biological mother, Carolyn Presnell. "This was a senseless tragedy."

The suit also names the state of Washington and the Department of Social and Health Services, which licenses foster homes.

But Doug Brown, an assistant attorney general, said the state Supreme Court ruled last year that a foster parent is not an agent or employee of the state.

"It's certainly an unfortunate occurrence," Brown said of the boy's death, "one that I know everyone wishes hadn't happened."

The suit also names Dr. Daniel Stowens, the Seattle pediatric neurologist who was prescribing the drug to Domico for hyperactivity. Stowens is temporarily barred from practicing medicine pending review by the state Medical Quality Assurance Commission.