Lorina Bourne and Jason Troy lost custody of their children almost a decade ago due to a mishandled investigation by child protective services. The officials in Texas falsely accused the couple of abusing their youngest son, leading to the separation from their children.
Bourne and Troy are now on a quest for justice. They have taken legal action by filing a federal lawsuit against several members of the Texas Department of Family and Protective Services (DFPS) and Ascension Health. The private health care system operates Dell Children’s Medical Center in Austin, Texas, where Bourne and Troy’s youngest son, Jason Jonathan Troy, was allegedly improperly diagnosed with shaken baby syndrome at only five months old in 2015, according to the lawsuit.
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A lawsuit was filed in April at the U.S. District Court for the Western District of Texas Austin Division, and records obtained by ABC News reveal that Jason showed symptoms of an enlarging head circumference and vomiting at just four months after his birth. As a result, he underwent brain imaging and was investigated for shaken baby syndrome. Jason had to undergo surgery to drain the fluid in his brain.
After two and a half years, the attorney representing the family decided to bring in a doctor to analyze Jason’s medical records. According to the doctor’s assessment, Jason had a chronic fluid buildup between his brain and inner skull. This accumulation of fluid was due to a medical condition called benign external hydrocephalus, which typically occurs during infancy and causes a backup of fluid around the surface of the brain.
The reason behind the development of benign external hydrocephalus remains a mystery; however, studies reveal that it could potentially be a result of malfunctioning cells responsible for reabsorbing cerebrospinal fluid, leading to its accumulation around the brain. According to records of Jason’s birth, he was born with a blood collection between his scalp and skull, which was caused due to trauma during birth, as stated in the lawsuit.
According to Bourne, the hospital where her son, Jason, was born, Ascension Seton Medical Center Austin, failed to inform her about his “birth injury.” It wasn’t until an attorney reviewed Jason’s birth records that she and her husband, Troy, learned of it. The lawsuit doesn’t make any claims of medical malpractice, but it does suggest that if Dell Children’s Medical Center had reviewed Jason’s birth records, it would have contradicted the diagnosis of shaken baby syndrome. Bourne believes that if she had known about her son’s birth injury, she could have more effectively advocated against the child abuse allegations from the beginning.
The officials at Dell Children’s Medical Center reported their doubts about shaken baby syndrome to the DFPS right after Jason’s surgery. As per the lawsuit, Bourne and Troy were investigated for child abuse. In 2015, the Travis County District Attorney’s office charged Troy, who resides in Hutto, Texas, with two felony counts of injury to a child. Troy surrendered himself to authorities and was booked and released on his recognizance while his attorney worked to dismiss the charges, which were ultimately dropped in 2018, according to court records reviewed by ABC News.
According to the lawsuit, on July 20, 2015, the DFPS took five-month-old Jason and his four-year-old brother Kainoa from their parents’ custody and placed them in foster care.
In an interview with ABC News, Bourne expressed the devastation and heartbreak she felt when her son was misdiagnosed. As a parent, she did everything in her power to ensure her child received the care he needed. However, she was wrongfully interrogated and investigated for child abuse, which made the situation even more difficult. The experience was a shock to her system, and she hopes that no other parent has to go through the same ordeal.
The lawsuit alleges that Jason and Kainoa were taken away from their parents’ custody “based on false pretense.” The individuals working for DFPS reportedly knew that Jason had not experienced any form of abuse or neglect, yet they still decided to remove both brothers from their home and place them in foster care for a lengthy period of 150 days. The plaintiffs claim that DFPS had other options, such as placing the children with family members or relatives while the issue was being resolved. Surprisingly, Texas DFPS did not provide any explanation for why this was not possible.
In an emotional interview with ABC News, Bourne shared the heartbreak of being separated from their children. They had to fight in court with their attorneys to regain custody, and even then, they were only allowed to see their children twice a week for two hours each time at the child protective services visitation center. Bourne recounted the agony of having to say goodbye to their children after each visit as they cried and questioned why they couldn’t go home with their parents.
In December of 2015, Jason and Kainoa were finally able to reunite with their parents after being apart for two weeks, just in time for Jason’s first birthday. However, it wasn’t until three years later on Jan. 26, 2018, that the felony child injury charges against Troy were ultimately dropped.
According to Bourne, they were forced to sell their house to cover the costs of their attorney’s fees during the process. Troy also lost his job, adding to the financial strain. Fortunately, he has since found a new job.
In 2023, Netflix released a documentary entitled “Take Care of Maya” which tells the story of a Florida family fighting to regain custody of their daughter after being falsely accused of child abuse by hospital officials. This documentary features the Bourne family and their struggles. Bourne shared with ABC that she is optimistic that the lawsuit will bring more attention to the issue of wrongful family separations. She hopes that by sharing their story, other families who are going through similar situations will feel less isolated.
Dell Children’s Medical Center places the utmost importance on safeguarding and promoting the well-being of children in our community. According to the statement provided by Ascension to ABC News, our healthcare professionals, including doctors, nurses, and care teams, are obligated to report any reasonable suspicions of abuse or neglect of a child by any individual to the appropriate authorities as mandated by law. Our responsibility extends to collaborating with the authorities during their investigation to ensure that the child’s best interests are taken into account.
As a person of color, Bourne, who is Filipino, expressed that she felt their experience was distinct.
Bourne expressed her feeling that they were singled out and that the authorities were determined to separate her from her children, regardless of the consequences. She hopes that there will be reforms in place to prevent similar instances from happening to other families in the future.
