Rochester woman wrongfully charged with child abuse earns victory in court

By Erinn Cain, staff writer
GateHouse News Service
Posted Feb 21, 2011 @ 02:17 PM

Rochester, N.Y. — A Rochester woman charged with child abuse has earned a victory in New York State Supreme Court. The court ruled unanimously that Deliris Diaz’s lawsuit against the Little Tummys-brand laxative manufacturer should not have been dismissed.

Deliris Diaz had sued on behalf of herself and her infant son, Jose Marquiz-Diaz, who suffered severe burns to his buttocks and genital region after ingesting Little Tummys in December 2007, according to representatives of Faraci Lange, which represents Diaz. Jose then had a loose bowel movement in his sleep that remained in his diaper until he woke up the next morning. After discovering the burns, Diaz took her son to the hospital, where doctors suspected that the burns were caused by scalding the child with hot water, representatives said.

Diaz was subsequently charged with child abuse and was separated from Jose and another infant until the court dropped all charges against her following a doctor’s statement that the laxative caused the burns, according to representatives. Laxatives containing senna had been reported to cause severe burns when mixed with stool and held against a child’s skin by a diaper. The Little Tummys laxative Diaz purchased contained no warnings or information about senna on its packaging, representatives said. FULL STORY