A wrongful death lawsuit has been filed by an Evansville mother.
Nicole Marrero lost her three-year-old son after DCS placed him with foster parents.
Leon Marrero was born with a medical condition that required a feeding tube and a tracheostomy.
In September of last year, Leon was hospitalized with a respiratory illness.
Nicole left her 14-year-old in charge at home.
She left the hospital to have dinner with a friend and fell asleep at their house.
After her children missed school the next day, DCS removed all the children from her care, and Leon was placed with foster parents.
He passed away after his breathing tube became lodged with mucus.
The complaint claims his death was preventable by basic maintenance of the tube.
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