Evansville mother files wrongful death lawsuit after special needs child dies in foster’s care

HENDERSON, Ky. (WEHT) – An Evansville mother has filed a wrongful death lawsuit claiming that the Vanderburgh County Department of Child Services allowed for her child with special needs to be placed into the care of foster parents who were unable to care for his complex medical needs, leading to his death earlier this year.

According to the lawsuit, Leon Marrero was born on March 30, 2022, with a mutation in his TUBB3 gene, causing him to require 24-hour monitoring and care. Upon his birth, Leon’s mother, Nicole Marrero, was required to complete approximately three months of medical training before he could be released from the hospital into her care.

Neglect arrest

A statement from attorneys representing Nicole state that on September 11, 2025, Leon was admitted to a hospital for respiratory issues, requiring extensive treatment at the hospital. Nicole reportedly spent time with Leon daily, while balancing the needs of her other children.

On September 21, a release says Nicole went to the hospital to visit Leon, leaving her other child in the care of her 14-year-year-old daughter to babysit. Nicole then went to dinner with a friend and fell asleep at the friend’s house…

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