BOSTON — A proposed $10 million settlement could resolve a lawsuit stemming from the death of 14-year-old David Almond, who died after he and one of his brothers were returned to their biological father’s home following time in the custody of the Massachusetts Department of Children and Families.
David was one of triplet brothers living with special needs. Attorneys Kim Dougherty and Paula Bliss, of the Justice Law Collaborative, represent the estate and say the boys were abused and neglected.
“It led to some horrific, horrific pain and suffering,” Bliss said.
The lawsuit was filed three years ago and alleges DCF and its employees were repeatedly alerted to signs of physical abuse, neglect and exposure to drugs before David’s death.
“It was a systemic failure all across the board,” the attorneys said. “It was DCF. It was a number of caseworkers. These poor boys were just dropped. Every time they turned around, they were just failed,” Bliss added.
According to a report from the Office of the Child Advocate, first responders went to the family’s Fall River apartment on Oct. 21, 2020, where they found David emaciated and unresponsive. He was pronounced dead at the hospital.
Six years later, on the anniversary of that discovery, attorneys filed a motion asking Suffolk Superior Court to approve a proposed $10 million settlement arising from the allegations surrounding David’s death and the abuse and neglect of his two brothers.
“We think that this resolution is something that is something that is very reasonable and something that reflects the severity of the trauma that these boys went through,” the attorneys said.
The proposal also seeks court approval for two special needs trusts, one for each surviving brother.
“His two surviving brothers have now been set up for the rest of their life, to have the best care possible, to be able to see each other as often as they want, to have a case manager in place to make sure their needs are being met unlike how they were throughout the time they were in foster care system,” Dougherty explained.
The settlement would also establish a memorial fund aimed at helping other neurodivergent children in foster care access services.
“We have created a fund that will help neurodivergent children in foster care and will help them get the services they need,” the attorneys said.
Doherty and Bliss say their work through the Justice Law Collaborative frequently involves issues affecting women and children. They describe their approach as advocacy that goes beyond litigation, with a goal not only of resolving individual cases but also creating lasting change.
For them, that means the proposed settlement is about more than compensation. They hope it can change what David leaves behind.
“It means that David’s legacy is no longer about how he died and the litigation that we went through over all the failures that resulted in his death over the past six years,” they said. “It is now about how his life will live on and help others in the future.”
Boston 25 News reached out to both the Massachusetts Attorney General’s Office and the Department of Children and Families.
It is not yet clear when a judge will officially rule on the motion.
This is a developing story. Check back for updates as more information becomes available.
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