GREAT FALLS, Mont. — A Cascade County jury has awarded $11.2 million to 16-year-old Seraphina Wilson, who suffered severe injuries as an infant due to a violent incident in her home. This ruling stems from the jury’s conclusion that the Montana Department of Public Health and Human Services (DPHHS) failed to take sufficient action during a prior abuse investigation.
The case against the state was already established in a previous ruling, where a Cascade County judge determined negligence on the part of the DPHHS in 2021. The jury’s verdict reinforces the need for accountability when addressing child abuse cases, according to Raph Graybill, one of Wilson’s attorneys. Graybill highlighted the ruling as a pivotal moment for ensuring protection and proper investigations in instances of child abuse.
In 2009, Alicia Hocter, the girlfriend of Wilson’s father, Jacob Arnott, physically assaulted the six-month-old girl. Reports indicate that Hocter struck Wilson’s head against her crib multiple times, subsequently leaving the room and turning up the radio to muffle the infant’s cries. The attack resulted in Wilson’s permanent blindness and other substantial health issues requiring lifelong medical care.
Hocter was ultimately convicted of aggravated assault and is currently serving a 30-year prison sentence. Following the incident, Wilson’s legal guardian filed a lawsuit against the state health department in 2013. The suit alleges that the Child and Family Services Division (CFSD) should have intervened before the assault, given prior signs of abuse.
In December 2008, CFSD workers looked into Wilson’s situation after she was hospitalized for abdominal bruises, which a physician noted as potential child abuse. However, a subsequent investigation led by case worker Cari Davids concluded that the girl had not suffered “serious, inflicted physical harm,” resulting in a decision to leave her under her father’s custody.
Complications arose when photographic evidence of the bruising was reportedly lost or destroyed by the CFSD following the initial investigation. A Cascade County District Court had already ruled in 2021 that the state’s negligence had directly contributed to Wilson’s injuries, resulting in a previous jury award of $16.6 million.
However, that award was vacated by the Montana Supreme Court, prompting a retrial that began in July. During this trial, state lawyers contended that even if CFSD had recommended removing Wilson from her father’s custody, the Cascade County Attorney’s Office may not have supported the legal justification for such action.
Evidence presented during the retrial included testimonies regarding the CFSD’s investigation process, where supervisor Gary Johnson sought advice from Sarah Corbally, a former deputy attorney. Corbally, reviewing evidence of the bruising, advised that more information would be needed to justify removal.
In a contrasting view, Wilson’s attorneys maintained that Corbally’s examination lacked thoroughness and that she held no actual authority in the decision-making process. Critics argue that this inadequate assessment left Wilson vulnerable to further harm, just months before she was assaulted.
On July 14, the jury reached its conclusion, determining negligence on behalf of the state and setting the award at $11.2 million to compensate for the girl’s impaired quality of life, medical expenses, and necessary ongoing care.
This case highlights the critical importance of child protective measures and the consequences of systemic failures within child welfare agencies. Wilson’s ongoing struggle emphasizes the necessity for vigilance and accountability in safeguarding vulnerable children from abuse.
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