The parents of a child who choked to death on a marshmallow at a friend's birthday party are suing the hosts.
Eleven-year-old Azriel Sage Estabrooks died in a Massachusetts hospital, five days after the choking incident on April 16 at the home of Raymond Dugan and Alison B. Dugan.
Following a police investigation, the death was ruled a tragic accident and no criminal wrongdoing was recorded, but according to
The Herald News, Azriel's parents Jason and Iris Estabrooks have now filed a wrongful death lawsuit, with their attorney claiming there are "many unanswered questions" in relation to what happened at the party.
The attorney, Steven P. Sabra said the Estabrooks family are keen to access investigation reports in order to find out exactly what happened to their daughter.
“When a healthy, normal child goes to a birthday party and ends up choking to death, questions of supervision and response to the emergency naturally arise,” said Sabra. “I am sure that this tragedy has had a profound effect not only on Azriel’s parents, but on the host family and the children that were present,”
The lawsuit, filed in Bristol County Superior Court, seeks unspecified monetary damages for the pain and suffering endured by Azriel’s parents. It also accuses the defendants, the Dugans, of failing to supervise the children at the party, and for providing food that could be a choking hazard for children.
The suit also describes how Azriel has already been without oxygen "for and extended amount of time" before paramedics arrived and removed the marshmallow from her throat and alleges that the Dugans waited an unnecessarily long period of time before calling 911.
In her obituary, Azriel's family, including siblings Crystal, Piper, Torin Estabrooks and Zachary, described her as “a very creative young girl, who enjoyed art, telling stories and working in the garden with her parents.”
Speaking to CBS News, Azriel's mother Iris said: "I don't have any answers, and that's what I'd like. Answers."