Magan Michelle McDermott was recently criminally accused of “doping her 5-month-old baby with methadone, reportedly in an effort to get him to sleep.” As a result, she is now facing a $900,000 lawsuit, which was filed on behalf of her deceased son. The suit itself was filed last week and also seeks to stop McDermott from collecting a “$130,000 pending payment from the state for the death of her 15-year-old daughter, Gloria Joya.”
Magan Michelle McDermott was recently criminally accused of “doping her 5-month-old baby with methadone, reportedly in an effort to get him to sleep.” As a result, she is now facing a $900,000 lawsuit, which was filed on behalf of her deceased son. The suit itself was filed last week and also seeks to stop McDermott from collecting a “$130,000 pending payment from the state for the death of her 15-year-old daughter, Gloria Joya.”
In 2015, McDermott lost custody of her daughter, largely due to the fact that McDermott was and is “a long-time methamphetamine user.” Unfortunately, her daughter became ill with gastrointestinal problems in 2016 while in the care of the Oregon Department of Human Services. A lawsuit was shortly filed after the child’s death and resulted in a $1.25 million settlement. McDermott’s share of the settlement was $130,000 and is the only asset to her name.
Two years after her daughter died, McDermott gave birth to her son in July 2018. When he was only seven weeks old, she lost custody of him when he became ill from “ingesting narcotics while in her care,” according to the recent lawsuit. From there, the baby boy was entrusted to his father’s custody, Francisco Yvanez Diaz Jr., “even though Diaz had been convicted and was still on probation for strangling and assaulting McDermott in front of another child in 2017.”
On November 23, 2018, Diaz took the baby to McDermott’s sister’s home in Benton County and “spent time with McDermott and her sister.” However, the next morning, McDermott allegedly fed her baby “some of her prescription methadone.” Shortly afterward, the baby began having trouble breathing, along with “dangerous heart rhythms” until he lost consciousness. In a panic, the baby’s father began performing CPR and McDermott’s sister called 911. Instead of trying to help revive her child, McDermott fled, according to the suit. However, she did text her sister to tell the paramedics that “it’s methadone in his systom (sic).” Her text added, “I’m soo sorry just wanted to help him sleep for frankly.”
To counteract the methadone, when the Paramedics arrived they gave the baby naloxone, which revived the baby. From there, he was rushed to “Doernbecher Children’s Hospital in Portland, where he spent the next two days.” The suit further alleges that the boy may “suffer long-term health consequences from oxygen deprivation to his brain caused by the methadone.”
Since the November incident, McDermott has been locked in Benton County Jail and so far “pleaded not guilty to the charges against her,” even the charge that claims she gave “methadone to a minor and caused “another person to ingest a controlled substance.”
It should be noted that McDermott is the only defendant listed in the recent suit, and “no litigation has been filed against DHS,” largely due to the fact that Josh Lamborn, the attorney representing the infant, “doesn’t have enough information yet to determine if DHS is liable for the baby’s injuries.” Lamborn also added that when DHS placed the “baby in his father’s custody in September,” it raised some questions. He said, “If the evidence leads to other negligent parties, I will certainly pursue them.”
Sources:
Oregon mom accused of giving baby methadone faces $900k lawsuit for 5-month-old’s injuries
Albany mom accused of giving baby methadone faces $900K lawsuit
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