Parents File Federal Lawsuit Against Texas Officials Over Wrongful Child Abuse Accusation

Lorina Bourne and Jason Troy are suing Texas DFPS and Ascension Health after a flawed investigation led to wrongful child abuse accusations and the removal of their children. They seek justice nearly a decade later.

Texas, Bollywood Fever: Nearly ten years ago, Lorina Bourne and Jason Troy faced a devastating ordeal when a flawed investigation by child protective services led Texas state officials to wrongfully accuse them of abusing their youngest son. Now, the couple is seeking justice through a federal lawsuit against several members of the Texas Department of Family and Protective Services (DFPS) and Ascension Health, which operates Dell Children’s Medical Center in Austin, Texas.

The lawsuit, filed in April in the U.S. District Court for the Western District of Texas Austin Division, claims that in 2015, their son, Jason Jonathan Troy, was improperly assessed to have suffered from shaken baby syndrome at five months old. This misdiagnosis resulted in the removal of both Jason and his older brother, Kainoa, from their parents’ custody.

According to the suit, Jason exhibited symptoms of an enlarging head circumference and vomiting at about four months old, leading to brain imaging and an investigation for shaken baby syndrome. He required surgery to drain fluid from his brain. Two and a half years later, a doctor hired by the family’s attorney reviewed Jason’s medical records and concluded that he suffered from benign external hydrocephalus, a condition where fluid accumulates around the brain due to a reabsorption issue.

Bourne stated that she and Troy were unaware of Jason’s birth injury until an attorney reviewed his birth records. The lawsuit suggests that had Dell Children’s Medical Center reviewed these records, the shaken baby syndrome conclusion would have been contradicted.

Following Jason’s surgery, officials at Dell Children’s Medical Center reported suspicions of shaken baby syndrome to DFPS, leading to an immediate child abuse investigation. Troy was charged in 2015 by the Travis County District Attorney’s office with two felony counts of injury to a child. He turned himself in, was booked, and later released on his own recognizance while his attorney worked to get the charges dismissed, which occurred in 2018.

DFPS removed Jason and Kainoa from their parents’ custody on July 20, 2015, placing them in foster care for 150 days. Bourne and Troy fought to regain custody, seeing their children only twice a week for two hours at a child protective services visitation center. The children were reunited with their parents on December 21, 2015, but the ordeal took a significant toll on the family. Bourne and Troy sold their house to pay legal fees, and Troy lost his job, though he has since found new employment.

Their story is featured in the 2023 Netflix documentary “Take Care of Maya,” which explores a similar case in Florida. Bourne hopes that their lawsuit will bring attention to wrongful family separations and help other families facing similar situations.

Ascension Health provided a statement to ABC News, emphasizing their legal obligation to report suspected abuse or neglect. “At Dell Children’s Medical Center, our highest priority is the safety and health of children in our community,” the statement read.

Bourne, who is Filipino, also believes their experience was influenced by racial bias. “I felt like we were targeted. And they wanted to take my children from me at all costs,” she said. “We just hope and pray that changes can be made so that this doesn’t continue to happen to so many families.”

As Bourne and Troy continue their fight for justice, their case highlights the need for thorough and accurate investigations to prevent wrongful family separations and the lasting impact they can have on affected families.

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