Claim involves death of child after stay in detention centre

Guatemalan mom seeks justice for daughter who died weeks after being treated at ICE facility

Yazmin Juarez with her daughter Mariee who died on May 12 weeks after they were released from ICE custody in Texas

Juarez was fleeing violence in her home country of Guatemala and planning to seek asylum in the U.S. She and her daughter were apprehended March 1 at the Texas border, and medical personnel days later listed them in good condition, according to the notice.

Though Mariee was healthy when she arrived, within a week she was running a 104-degree fever, suffering from a cough, congestion, diarrhea, and vomiting. The claim says that at one point, a physician's assistant prescribed Mariee Tylenol and Vick's Vaporub. But according to the claim, the nurse was not medically qualified to do so.

Vice News reports that Juarez "watched Mariee's skin turn from purple to black", and the baby's doctors asked if they could take the child off the ventilator.

Mariee's symptoms worsened over the coming days and Yazmin Juarez "sought medical attention for Mariee multiple times but was often left waiting for many hours, including at least two instances where she was turned away and told to wait for an appointment on a later day", according to the claim.

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By March 15, Mariee had lost 2 pounds - almost 8 percent of her body weight - and her symptoms were worse, according to the claim. The child's condition was dire by March 26, when she was hospitalized with influenza and pneumonia. The next day, they went to an emergency room, the law firm said.

Texas Department of Family and Protective Services Commissioner Hank Whitman had pleaded for information about the alleged incident during a Texas House of Representatives committee hearing on August 9.

The unfortunate Mariee spent the last six weeks of her life in the hospital, with a respiratory infection.

At the facility, Mariee became increasingly ill, according to a timeline of events released by the lawyers.

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Reports circulated online this month of a child dying after being released from the Dilley facility, which holds hundreds of immigrant mothers and children. That investigation remains open and there is no estimated date for its completion, said Patrick Crimmins, a spokesman for the Texas Department of Family and Protective Services. The law firm also accuses ICE of releasing a "gravely ill" child "without medical treatment or guidance", and said it was considering a lawsuit.

"The medical care that Mariee received inside Dilley was woefully inadequate, neglectful and substandard", Jones said.

Juarez is seeking $40 million in damages in the wrongful death suit.

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