Massachusetts family files wrongful death lawsuit after 2-year-old allegedly dies while under care of babysitter

A wrongful death suit has been filed against a Massachusetts woman charged with manslaughter, following an investigation into her involvement of allegedly leaving a young child unattended in her vehicle that was in her care. 

According to Cape & Islands District Attorney Robert J. Galibois, in March, the Dukes County Regional Emergency Communications Center received a 911 call from Aimee Cotton, she stated that a child whom she babysits for was not breathing and turning blue and was requesting assistance.

Upon the arrival of first responders, they found Cotton preforming CPR on the young toddler in the 2nd row passenger seat area. Oak Bluffs Police and EMS took over emergency lifesaving efforts and subsequently transported the toddler to the Martha’s Vineyard Hospital Emergency Room. The toddler was ultimately transported by Boston Medflight helicopter to Massachusetts General Hospital in critical condition. 

On March 19th, the two-year-old victim, Frank Edward Rodenbaugh, succumbed to his injuries at Mass General Hospital that he sustained while in the unattended vehicle.

The charges stem from an investigation by The Oak Bluffs Police Department, and the MA State Police Detective Unit assigned to the Cape & Islands District Attorney’s Office. The case will be prosecuted by Assistant District Attorney Courtney Leigh Scalice, Chief of Child Abuse and Vulnerable Victims.

According to the report released by NBC10 Boston, Cotton later admitted that the child had been in the car around three hours. She also admitted that she did not give the child food, water or supervision during that time.

MassLive stated that the Rodenbaughs “claim Cotton’s negligence caused their child to suffer severe pain and the family to incur medical expenses.”

“Ms. Cotton’s tortious acts and omissions included leaving Frank in a vehicle unattended for hours, strapped into a car seat outside of her residence on a March day with inadequate clothing and no food or water, until he suffered hypothermia and resulting cardiac arrest which ultimately proved fatal,” the suit alleges.

The playground at the Oak Bluffs School was recently upgraded in Frankie’s honor.