TAUNTON (AP/CBS) — The family of an 11-year-old Massachusetts girl who died after choking on a marshmallow at a friend’s birthday party has filed a wrongful death lawsuit.
The lawsuit filed Monday seeks unspecified monetary damages in the April death of Azriel Estabrooks, of Somerset.READ MORE: Local Researchers Test COVID Samples To Determine Prevalence Of Omicron Variant In Massachusetts
Iris Estabrooks has never known this kind of pain. “It’s something I see every time I close my eyes, is the last time I saw my daughter,” she told WBZ-TV’s Julie Loncich.
For weeks leading up to the party, Azriel pleaded with her parents. “But this year, she was in fifth grade, she was 11, it was her best friend’s birthday party and, ‘come on, mom. Please can I go?’”
On April 16, Estabrooks dropped off her daughter at a Somerset home. It would be the last time she saw her conscious.
“The doctors said that, ‘Essentially, your daughter is dead. There’s nothing we can do. We’ve tried literally everything,’” Estabrooks recalled.READ MORE: Amid Concerns Over Omicron COVID Variant, CDC Says All Vaccinated Adults Should Get Booster Shots
Azriel died five days later.
The complaint alleges that the parents who hosted the birthday party failed to provide adequate supervision for the children who attended the party. A lawyer for the hosts did not immediately return a call seeking comment.
An attorney for the girl’s parents says there are many unanswered questions about the circumstances leading to her death.
“From our standpoint, there’s issues with regard to negligent supervision, the lack of responsiveness,” said attorney Steven Sabra.
The lawsuit says Azriel had been without oxygen for “an extended period of time” when she was found unconscious on the floor.MORE NEWS: Omicron Variant: Dr. Mallika Marshall Explains What's Known And What's Not
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