SC day care settles York County death for $16 million. Why family said it was preventable

A company that operates day care facilities across the Charlotte area will pay $16 million to a York County family to settle a wrongful death lawsuit after an infant known as “Baby Cash” died in 2021, according to court documents and lawyers in the case.

The settlement approved by Judge Dan Hall last week in the case of infant Jonathan Cash Berry is believed to be the largest amount ever in a South Carolina infant wrongful death case, lawyers for Cash’s parents told The Herald. The $16 million also is believed to be among the largest settlements for any wrongful death case in York County, the lawyers said.

Sasha and Robert Berry, the baby’s parents, filed the lawsuit in 2022 against Cadence Education and its facility Carolina Kids Child Development Center on Ebenezer Road in Rock Hill. Cadence Education operates more than 300 private preschools and elementary schools across America, according to its website and filings in the Berry case.

The child was five months old when he allegedly was placed on his side instead of on his back in a crib at the day care, according to the lawsuit. The child rolled over on his stomach then was found unresponsive, the suit claimed. The child died a week later at a Charlotte hospital.

“It is well known, both publicly and in the childcare industry, that infants should only be placed on their backs to sleep. Infants should never be placed on their sides due to rollover and suffocation risks,” the lawsuit stated.

The suit also claimed a written note was fixed to the crib that specifically stated “Baby Cash” be placed on his back to sleep.

Family lawyers: A preventable tragedy

The Berry family is represented by attorneys David Martin of Fort Mill and Liam Duffy, William Applegate, and Alexandra Heaton of Charleston. In an exclusive statement to The Herald, the legal team said the historic settlement gives the family justice, but the family has lost their only child who did not have a chance to grow up and live life in a preventable tragedy.

“Nothing will ever fully repair the pain this family has endured or replace the precious life of their only child, Cash,” the family’s statement statement said. “But the historic result in this case represents civil justice and accountability ... Our clients hope it will raise awareness about the dangers of unsafe sleep positioning for infants, so that no family ever has to experience a similar loss.”

The lawyers said the Berry family urged parents to speak with their pediatricians and childcare providers about safe sleep practices.

Cadence: Child safety highest priority

Cadence Education operates nine facilities in the Charlotte area, a map on the company website shows. Two Carolina Kids centers are in York County, including the center on Ebenezer Road.

Cadence and the day care denied wrongdoing in court documents responding to the lawsuit, written public records show.

Cadence Education issued a statement to The Herald Thursday that said what happened in June 2021 was an isolated incident where the cause of death was undetermined.

Cadence officials said they reported the incident to the S.C. Department of Social Services, which licenses day care facilities, and notified families of other children in their care at the Rock Hill location.

“The health, safety and well being of all of the children in our care is our highest priority,” Cadence Education officials said. “In June 2021, an infant at our school had an isolated, emergency health situation. Our teachers and staff reacted immediately, performing CPR and calling emergency services. Our hearts remain with the parents and loved ones of the infant, and everyone who was impacted by this tragedy.”

What happens next?

The settlement dismisses and ends the lawsuit, court records show.

The case had been on the civil trial docket for this week at the Moss Justice Center in York. The settlement and dismissal means there will be no trial.

The $16 million will be paid by the Cadence defendants and their insurance carrier, the judge’s settlement order states.