Charges reduced in punched tot case; parents sue BHS
BUTLER TWP — A mother on Thursday approved leniency for the man who is charged with punching her 1-year-old child, but filed a lawsuit calling for accountability from Butler Health System.
Transported from Butler County Prison, Elijah Flick-Geibel, 19, of Butler, appeared before District Judge Kevin O'Donnell accused of striking the child Nov. 16 in the emergency room at Butler Memorial Hospital. He is being held in lieu of $50,000 bond.
Flick-Geibel had been charged with felony aggravated assault on a child and misdemeanor simple assault and disorderly conduct, but an agreement was made to withdraw the felony charge. His other charges remain.Arresting officer Rachel Dovidio said she spoke with the child's mother, Kelly Miller of Butler, before making the agreement.“We know (Flick-Geibel) has mental health issues that caused the issue in the first place,” Dovidio said. “She feels the hospital let her down.”After the agreement, public defender Michael McFarland assisted Flick-Geibel in waiving his right to a preliminary hearing.Flick-Geibel is scheduled to appear for a formal arraignment Feb. 1 in the Butler County Court of Common Pleas.Lawsuit outlined
Miller then attended a news conference along with her attorney, Al Lindsay, and husband, Jeramie Miller Sr., who is the boy's father.The three discussed and answered questions related to a lawsuit filed Wednesday on behalf of the parents against Butler Health System and Butler Healthcare Providers.The suit claims BHS was negligent in the situation and could have prevented the incident by separating the patients, or warning the mother and child. The suit claims the staff had past knowledge of Flick-Geibel's mental health issues and violence associated with them.“The hospital staff knew about this guy,” Lindsay said. “He had such conflicts with staff that they refused to take him.”The suit is seeking damages in excess of $35,000. No specific amount was stated, but the suit noted the damages for which they are seeking compensation, including physical and mental trauma to both child and mother.A BHS official said Thursday that the health system cannot comment on pending ligation.According to the suit, the hospital staff placed Flick-Geibel, who was being involuntarily committed, in the vicinity of the mother and child, and when Flick-Geibel began chasing Kelly Miller into another room, neither staff nor security were there to assist her.According to the criminal affidavit against Flick-Geibel, police said he chased the mother and son into a room and then punched the child as Miller was fleeing the room.On Thursday, Miller said throughout the duration of the incident she saw no security guards in the area, and she believes it was a hospital staff member who intervened with Flick-Geibel. She said there should be stricter protocols and attention paid to mental health patients while near other patients.“I feel like when this happened, it could have been prevented,” Miller said. “I feel like mental health could be taken care of a lot differently.”Miller said in the aftermath of the attack, her son has been clingy and there has been a noticeable change in his demeanor.According to the suit, the boy suffered bruises on the right side of his face and emotional distress. The suit also said the mother has suffered a persistent sore neck, anxiety, claustrophobia and agoraphobia as a result of the incident.“The mother is carrying more baggage from this than the child,” Lindsay said. “She's been upset since this happened.”The suit is seeking a jury trial.
