Civil lawsuit accuses Bucks County daycare of negligence, physical and psychological abuse of children

Six parents have filed a 102-page civil lawsuit against a Warminster Township day care center, seeking more than $50,000 in compensatory and punitive damages for alleged negligence and vicarious liability, claiming their toddlers suffered physical and psychological abuse under their care.

Five plaintiffs accuse Vamonos Childcare at 886 York Road of more than 40 counts of the above alleged offenses, as well as negligent hiring, training, retention and supervision at their facility, negligent infliction of emotional distress, negligent failure to rescue, negligent performance of undertaking to render services, and negligent misrepresentation, according to the complaint.

Vamonos Childcare offers daycare, pre-school, pre-kindergarten, before- and after-care, transportation, summer camp, and enrichment programs for children from six weeks old to 12 years old, at three locations in Warminster, Warrington and Doylestown in Bucks County, per the complaint.

The plaintiffs, represented by Gaetano D’Andrea, Michael McFarland, and Ragha Narasimhan of Philadelphia law firm Laffey Bucci, D’Andrea, Reich & Ryan, LLP, are demanding a jury trial.

Vamonos LLC is owned by Emily Vonder Schmalz and the Warminster site was overseen by Emily Shirkness, per the civil complaint.

The plaintiffs listed in the civil action suit are:

• Jane Doe, parent/guardian of John Doe, 4, and James Doe, 2
• Mary Doe, parent/guardian of Michael Doe, 5, and Matthew Doe, 3
• Theresa and Thomas Doe, parents/guardians of Timothy Doe, 3
• Rachel and Robert Doe, parents/guardians of Richard Doe, 4
• Samantha Doe, parent/guardian of Steven Doe, 3
  
  

All plaintiffs claim that their children “were physically and psychologically abused” between September 2021 and December 2023.

Among the allegations in the complaint:

• An infant was “hurled” headfirst into a wall after a teacher grew frustrated, resulting in an injury of the infant
• Defendant displayed multiple acts of carelessness, recklessness and/or negligence toward the children, “which invariably resulted in harm to them.”
• Defendant erroneously placed a 2-year-old in the wrong class of 3-year-old children in conditions and an environment which were not appropriate for his age “which subjected him incorrect and inadequate staffing ratios required to meet his needs
• Defandant’s oversight was caught once Jane Doe and an employee had a conversation about the child’s need to be potty-trained
• A single teacher would supervise an excessive number of infants, as many as eight at once. This violates the state law for one teacher for every four infants.
• Defendant’s staffing ratios for classrooms of toddlers violated state rules of one teacher per five young children and one teacher per six older toddlers (ages two and three)
• Children were left unattended in bouncers, on the floor, or restrained in car seats
• Soiled diapers remained unchanged for hours on end
• One child suffered severe diaper rash as a result of carelessness and negligence that skin broke open, causing pain and distress
• Children would come home with injuries, including cuts, bruises, and a black eye on one occasion
• One teacher/employee called a 2-year-old a “baby” and denigrated them and threatened to send them to the “baby room,” thus making the children develop a “fear of being forced to spend the day inside of a crib.”
• One teacher advised children to hit other children in the face, and then laughed, leading to “aggressive tendencies at home.”
• Hitting children multiple times in heads and bodies with a water bottle in the bathroom and referring to it as “pow pow”
• Teachers would strap children to chairs and be left in restraints
• Children were forcibly knocked over and laughed at by facilities’ teachers and staff regularly
• Staff slept when they were supposed to be supervising children and regularly neglected children in their care and custody, leaving them unsupervised
• One child had a tongue laceration and lip injury so severe it prompted urgent medical attention and reconstructive surgery
• A marijuana vape pen discovered in a child’s napping cot in Warminster.
• Failure to report allegedly abusive employees to the state Department of Human Services
• Children were not cleaned up of food on faces and clothing after snack time
• Infants forced to stand barefoot in a bucket of snow for “sensory day”
• Children eating alone from other children in their age group
• Teachers reading an age-inappropriate story about a bully called “The Recess Queen.”
• One child’s increasing nervousness, apologetic behavior, avoidance of eye contact and fear of darkness
• A child being told to “shut up” by staff when they cried after losing a pacifier
• Staff routinely berating, shaming and humiliating infants in front of young children
• A teacher striking a toddler in the face, throwing a Lego brick at their chest, and yelling at them to stop crying
• Staff threatening children that “monsters” would hurt them if they did not comply with naptime rules
• Staff confiscating children’s comfort items, like a stuffed animal, and then teasing and laughing at them until they cried
• Staff slamming children onto cots
• Hiring minors and staff out of high school with zero qualifications to care for children and no training

The lawsuit claims Vonder Schmalz contacted Jane Doe to apologize for not following state-mandated staffing ratios and that “Vamonos staff was advised by Vonder Schmalz to ensure that staff ratios were appropriate when Jane Doe was present to drop her children off, but that staff could go back to the improper supervision ratios once Jane Doe left the premises, thus attempting to cover-up and deceive.”

Furthermore, the lawsuit claims that Vamonos did not produce any incident reports or documentation to substantiate claims by Vamonos that the injuries were benign accidents.

Plaintiffs also call out Shirkness for allegedly grabbing children by the shoulder/arm area and causing broken blood vessels; a pediatrician and hematologist allegedly confirmed the injury was suggestive of rough handling by an adult.

According to the complaint, Vamonos Childcare was cited by DHS and the Office of Child Development and Early Learning on multiple occasions for deficiencies in hiring, assignment, training, and appointment of employees, such as failing to run background checks and maintaining proper records and licenses.

An email to Vamonos Childcare seeking comment was not returned by publication. We will update the story with comment from Vonder Schmalz and Shirkness, should it be received by our editors.

Read the full lawsuit here or here.