Suit is for siblings, not Danieal's parents

Among the many newspaper stories written about the tragic death of 14-year-old Danieal Kelly, an editorial in The Inquirer asked in closing, "Who will speak for Danieal's siblings?"

I will.

And I am - despite the recent media firestorm that has inflamed a misinformed public and led to multiple death threats against me and members of my family.

I share the anger and indignation expressed by so many editorial writers and members of the general public.

What happened to this sweet, sick child strains the limits of the human imagination.

How so many presumably caring individuals and institutions could have allowed this child to suffer in isolation and die in such an inhuman way is beyond comprehension.

Danieal is gone from this world, but her rights - and those of her 11 siblings - remain.  The deceased are entitled to legal rights by their estate.

I was compelled to represent Danieal's estate. I took on this volatile, controversial case only for Danieal and her 11 brothers and sisters, not for her parents, as the media have erroneously reported. Danieal's siblings deserve a chance at a normal life that she never knew.

The lawsuit I filed on behalf of Danieal's estate was actually filed in October 2007, not in the last few days prior to the filing of criminal indictments against Danieal's parents, the Department of Human Services, and private social-service agency workers, as has been incorrectly reported in the media.

This false and misleading assertion in the media led to me being called a "money-grubbing lawyer," a "hearse chaser," and worse, by both the media and certain local elected officials.

Imagine me trying to explain to my own son why people were calling his dad vicious names simply because I wanted to protect the rights of other neglected children.

The other misperception I must clear up is the reason for the involvement of Danieal's parents - who both face criminal charges - in the civil suit I have filed on behalf of her estate.

Pursuant to the wrongful-death statute, any lawsuit, as a matter of law, must be brought in the names of the administrators of the estate.

The register of wills in October 2006 ruled that Danieal's parents - Daniel Kelly and Andrea Kelly - had to be the administrators of the estate. By law, the siblings of Danieal could not sue DHS and others.

I brought the wrongful-death action on behalf of Danieal's estate, without regard to whom the ultimate beneficiaries might be.

People were outraged that Daniel's parents could potentially benefit from a successful suit, but I had no legal means at that time to eliminate the possibility.

However, immediately upon being indicted, the parents agreed to be removed from the estate and further agreed to have retired Philadelphia Judge Abraham Gafni serve as trustee of the estate.

Orphan's Court will decide how any monies derived from a successful suit will be disbursed, including what legal fees, if any, will be paid.  Not exactly the financial "windfall" portrayed in the media.

There is legal precedent for this type of action.

The estate of Faheem Williams, the 7-year-old boy from Newark whose mummified remains were found in a basement in 2003, won a significant settlement. His two brothers were discovered sick and starving in an adjacent room in the same basement.

New Jersey's Division of Youth and Family Services was sued by the family of the boys, who claimed that the agency failed to protect the children.

In a separate case, the State of New Jersey agreed in 2005 to pay a significant settlement to four brothers from Collingswood whose adoptive mother deprived them of food and medical care.

Danieal's case is not for the faint of heart, but justice for her and her 11 siblings demands that the lawsuit be brought.

I have a moral and professional responsibility to these children. It's what I was trained to do as an attorney, and it is the job of every attorney who represents the interests of a deceased individual.