The number of families suing a Connecticut daycare over sexual assault allegations involving a former employee is expected to more than double in the next few weeks, according to an attorney representing multiple families.
Court records reviewed Wednesday said five lawsuits have been filed against the now-defunct BrightPath Avon Child Care Center at 144 Simsbury Road and its parent companies, Busy Bees U.S. Holdings Limited and Educational Play Care Ltd. The civil actions were taken by families of children were allegedly sexually assaulted at the daycare by 29-year-old Jan Berrios-Otero, a former employee.
Following Berrios-Otero’s most recent hearing on Tuesday in Superior Court in Torrington in connection with six pending criminal cases, attorneys Eric Schoenberg and Sarah Klein issued a statement saying they expect “a significant expansion” of litigation “with additional legal actions to be filed” in the coming weeks. Schoenberg told the Courant the number has not yet been finalized, but he expects the number of pending civil actions taken against BrightPath to “at least double.”
“For a majority of the families, this is the worst thing that has ever happened in their lives,” said Schoenberg, who, along with Klein, represents two of the families who have filed lawsuits. “The families continue to demand accountability and transparency from not only BrightPath, but also from Busy Bees, the international parent corporation of BrightPath.”
According to the attorneys, a number of former employees of BrightPath — which still has nearly two dozen locations across Connecticut — no longer work for the company. They are hoping this may help those who were hesitant to speak up about the allegations to come forward.
“For months, we have been trying to understand not only what happened to these children, but how it was able to happen inside a daycare where parents believed their children were being watched and protected,” Klein said in a statement. “Former employees may have information that is critical to answering those questions.
“If you worked at BrightPath Avon and saw something, heard something, raised a concern, noticed unusual behavior or have information about what was happening inside that facility, we want to hear from you,” said Klein, a sexual abuse survivor of former Olympic women’s gymnastics doctor Larry Nassar. “Now that your employment has ended, we hope you feel free to speak. Something that seemed insignificant at the time could be incredibly important when viewed alongside everything we now know.”
Schoenberg also encouraged other families to pursue civil action.
“To the families — it is not too late to come forward,” Schoenberg said. “Even if you have been unsuccessful in pursuing criminal charges you still have a remedy available through the civil court system.”
A spokesperson for BrightPath did not immediately return a request for comment.
The news of additional anticipated lawsuits comes as Berrios-Otero faces numerous counts of sexual assault. The warrant affidavits supporting his arrests said police investigators found that he had an alleged pattern of sexually assaulting children at the daycare during nap time.
The first incident came to light in early spring when the parents of a child noticed that his genitals were swollen and scabbed, according to the warrant affidavit. The boy told his parents “Mr. John did it” when asked about the injuries, the warrant affidavit said.
Police were able to review video surveillance from BrightPath’s Avon location and allegedly found footage showing Berrios-Otero touching the child’s genitals under a blanket in a secluded area of the daycare’s classroom, the warrant affidavit said. After reviewing more video from the daycare going as far back as early March, police said they were allegedly able to uncover five additional incidents involving children between 3 and 5 years old.
The most recent lawsuit against BrightPath’s parent companies was filed Tuesday in Hartford Superior Court, records show. The civil action was taken by the family of a 4-year-old boy who was allegedly subjected to sexual abuse by Berrios-Otero, the lawsuit states.
According to the complaint, Berrios-Otero allegedly groomed the boy before the abuse. The complaint describes “red flag” behavior which allegedly included him sitting the victim and other children atop his lap and playing favorites among them, the lawsuit said.
The complaint alleges negligence and carelessness shown by BrightPath in that the daycare failed to keep children safe from Berrios-Otero and did not properly supervise him. It also contends that the daycare failed to properly investigate him despite two center directors reportedly being “put on notice that he was engaged in red flag behavior with children,” the lawsuit said.
The lawsuit also alleges BrightPath did not conduct a “comprehensive background check” on Berrios-Otero.
In a previous statement issued by BrightPath, the company said Berrios-Otero was “thoroughly vetted” and found to have no prior convictions following a “clean background check.” BrightPath said he also “met all requirements set by the state.”
“There were no prior complaints or incidents pertaining to what is being described in the accusations,” BrightPath previously said.