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CONTACT THE HERALD
Robert Frank, City Editor
frank@heraldnet.com
 
Published: Tuesday, March 24, 2009

Shayne Abegg, starved Everett boy, to receive $6 million for DSHS lapses

SEATTLE -- A lawsuit over the near-fatal starving of an Everett boy has been settled for $6 million, with much of that money to be paid by the state of Washington.

The settlement reached on behalf of Shayne Abegg, 6, is the largest the state Department of Social and Health Services has ever agreed to pay for a single child victim.

Shayne nearly starved to death at the hands of his father before the boy was rescued March 7, 2007. He had wasted away to a mere 25 pounds -- about half the weight of a healthy child his age.

His hair was falling out, he could barely stand and he suffered from hypothermia because he didn't have enough body fat to keep him warm. When he first arrived at the hospital he looked like a Nazi concentration camp victim, one nurse said.

His father, Danny Abegg, and the man's live-in girlfriend, Marilea Mitchell, withheld food from Shayne to punish him. They've been sent to prison for eight years.

David P. Moody, Shayne's Seattle lawyer, alleged state caseworkers failed to protect the boy despite numerous warnings the boy was being abused and neglected. DSHS workers didn't adequately investigate reports that Shayne was being starved.

A state Department of Social and Health Services review of the boy's case concluded that the state missed a pattern of abuse and neglect, didn't follow policy to make sure Shayne was safe and failed to hold his father, his girlfriend and the boy's mother more accountable for the boy's well-being.

Some social workers involved in Shayne's case have since resigned.

DSHS also has made changes to address the issues found in the state-ordered review, including taking steps to make sure more experienced supervisors oversee these types of cases and social workers get training to help recognize the signs of malnutrition. The state has reconfigured some staff to decrease caseloads.

Doctors believe Shayne will suffer from long-term developmental and cognitive problems as a result of his trauma. Any money awarded to Shayne would be put in a trust fund that will be monitored by the court.

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