Couple sues doctors, Indiana DCS after daughters with genetic disorder taken
When her 2-month-old daughter Nara’s leg swelled, Myranda Phillips did what most parents would do: She took the baby to the hospital. Riley Children’s Health Hospital in Indiana.
“The touch was warm,” Myranda Phillips told IndyStar, part of the USA TODAY Network. “He wasn’t fussy at all but I was changing his diaper when I noticed. I called other parents we knew and asked for advice and finally decided to take him in.”
She and her husband, Grant Phillips, had no idea that this decision would lead them into an emotionally roller-coaster ride for a year. Indiana Department of Children’s Services (DCS). They would be accused of abuse by both medical professionals and DCS caseworkers. Both of their daughters, who were under three at the time, were to be taken away.
The couple vehemently denies the allegations and says only after a medical diagnosis is made confirming that their child has a genetic disorder will the judge dismiss the case against the couple.
Parents are now suing DCS case managers and supervisors, as well as two child abuse pediatricians at IU Health who oversee Riley Health, in a federal lawsuit for falsely accusing them of child abuse.
“There was no proper investigation before they took our children,” Grant Phillips told IndyStar. “And it was an uphill battle to get them back. We did all the services DCS wanted to merge with, and they wouldn’t do it.”
It would be 347 days before both daughters, Odessa and Nara, were returned to their parents, missing many milestones in the first year of their youngest daughter’s life.
Odessa and Nara Phillips.
In a statement to IndyStar, DCS said it could not comment on a current court proceeding involving a child.
“But Indiana Department of Children’s Services family case managers often face challenging situations and must make difficult life-or-death decisions regarding child safety,” DCS said in a statement. he said. “We appreciate the complexity of the decisions they must make and support them in keeping Hoosier children safe.”
Description is the same A photo provided to IndyStar following the lawsuit filed in the death of 5-year-old Kinsley Welty. The family in this case alleges that DCS failed to recognize her abuse on multiple occasions and closed cases involving the girl without a thorough investigation.
IndyStar reached out to Riley Children’s Health about the case but did not hear back from the hospital.
Nara Phillips was taken to Riley Children’s Health
In December 2022, the couple had only spent a few days with their family for the holidays. Then, the day after Christmas, Myranda Phillips took Nara to Riley Children’s Health Center for his swollen leg.
After taking an
The lawsuit states that Riley took photographs of Nara, showing multiple fractures in his leg at different stages of healing.
Staff contacted DCS and a case worker arrived at the hospital to speak with Myranda Phillips. The mother said she and her husband had been with the family for the past few days and did not know when Nara might be injured.
Grant and Myranda Phillips were captured in a family photo with their two daughters, Odessa and Nara.
“I told them he was with different people because we were with a lot of family over the holidays,” Myranda Phillips said. “I have no doubt that anyone in our family would harm our children, but they were so much more than us.”
The caseworker then spoke by phone with two child abuse pediatricians; This specialist had not personally treated Nara, the parents said.
On the phone, one of the doctors said Nara had a fractured fibula. The doctor said the fractures were “highly suspicious” of child abuse and he had immediate concerns.
But Nara never suffered a broken fibula, according to the lawsuit.
“The only active fracture that caused symptoms was the tibia,” Grant Phillips said. “Our experts have since said that the others were more likely to have bone mineralization deposits and radiographic anomalies due to EDS and iron deficiency. This means they were misreading and misinterpreting the x-rays.”
According to the lawsuit, a child abuse pediatrician told DCS that Nara had fibula fractures in both legs.
They also noted that her daughter had a broken collarbone and a broken toe, Phillips said, which later turned out to be non-existent.
“They initially diagnosed a total of nine fractures, and by the time we went to court, that number had dropped to four,” Phillips said. “There is no explanation as to what happened to the other five or why they were removed from their records.”
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Riley Children’s Health Child Protection ProgramAt the center of the case is a group of board-certified child abuse pediatricians who are consulted to examine a child to make a medical diagnosis for a bruise or injury. The team told IndyStar in January that they police 6,000 potential child abuse cases a year statewide. This number is also stated in the lawsuit filed by the couple.
Independent testing by the family’s doctors revealed that Nara actually had a genetic disorder that caused his injuries, the lawsuit said.
Doctors discovered Nara had blue sclera disease, which causes the whites of his eyes to appear blue. Sclera is often associated with disorders that predispose to brittle bones and fractures. Ehlers-Danlos syndrome (EDS).
“They tested all of us and we all have it,” Myranda Phillips said of the genetic disorder.
The family says DCS put obstacles in their way as they tried to learn the cause of Nara’s injuries.
“Even though DCS tried to remove our access to medical records, we did not lose our parental rights,” Myranda Phillips said. “We could have taken him to our doctor, but DCS had to be there.”
Grant and Myranda Phillips were captured in a family photo with their two daughters, Odessa and Nara.
Indiana Senate bill: DCS, should schools be able to withhold information from parents? Indiana Senate bill says no
The lawsuit states that if the child abuse pediatrician had seen Nara, he would have noticed other symptoms of EDS.
Filed court documents state that another child abuse pediatrician examined Nara in January 2023 and noticed her blue sclera, but did not inform DCS staff that the cause might be genetic and did not test the baby for EDS.
Instead, the lawsuit alleged, the doctor sent DCS a report stating that Nara’s injuries were consistent with “non-accidental trauma or resulting injury” and recommending that they take action for Nara’s safety.
According to the lawsuit, a review hearing in late 2023 found that DCS had failed to prove the girls had been abused or neglected, but DCS continued to detain their children and substantiate allegations of abuse and neglect against the parents.
Grant and Myranda Phillips were captured in a family photo with their two daughters, Odessa and Nara.
“The judge railed against DCS after dismissing our case,” Grant Phillips said. “He told them they were essentially ‘holding on to the sticks.’ They admitted during the court process that they had not made any effort to unite our family. They had no responsibility for this situation, which came completely out of left field for us.”
The couple also feel that DCS is “punishing” them for trying to find the truth about Nara.
“It was as if DCS didn’t want to believe anyone except the Riley doctors,” Grant Phillips said.
The couple feels that someone should be held accountable for the actions that led to their children not only being taken away but also being removed.
“It’s like they’re focused on potential criminality instead of the safety and well-being of our children,” Myranda Phillips said.
Jade Jackson is a public safety reporter for the Indianapolis Star. You can email him at Jade.Jackson@IndyStar.com and follow him on X, formerly Twitter @IAMJADEJACKSON..
This article first appeared in the Indianapolis Star: Couple accused of child abuse files lawsuit against Indiana DCS and doctors
