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Monday 5 December 2016

Irish nanny Aisling Brady McCarthy found liable for baby’s death

Published 13/08/2016 | 11:08

Aisling Brady McCarthy was found civilly liable for the death of a one-year-old baby left in her care Photo: Keith Bedford//The Boston Globe via AP
Aisling Brady McCarthy was found civilly liable for the death of a one-year-old baby left in her care Photo: Keith Bedford//The Boston Globe via AP

A Massachusetts court has found Irish nanny Aisling Brady McCarthy civilly liable for the death of a one-year-old baby left in her care.

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Rehma Sabir (1) died in January 2013 after she was found unconscious in her cot while the Irish nanny was looking after her at the family home in Cambridge, Massachusetts.

According to Middlesex County civil court records, Cavan native Brady McCarthy was served with the lawsuit on July 8 but did not “file an appearance, answer,” or issue any other “responsive pleading”.

The “default ruling” entered by a clerk in the Middlesex Superior Court triggers the scheduling of a court hearing to determine damages, according to Martha Coakley, an attorney for the parents of the deceased infant.

“The court will either set a date or we will request a date some time in the fall for the entry of a default judgement,” Ms Coakley said in a telephone interview on Friday.

Read More: Parents file lawsuit against Irish nanny over death of baby

Rehma’s parents claimed in the civil lawsuit that the baby died due to Brady McCarthy’s “negligent, malicious, willful, wonton, reckless and/or grossly negligent acts”.

Prosecutors claimed that bruises to Rehma’s head, damage to her eyes, brain swelling, and other forensic evidence showed that she was killed by blunt trauma to the head and violent shaking.

However, Brady McCarthy’s defence team offered alternative causes for the infant’s death, such as an uncommon bleeding disorder or an immune deficiency issue.

Brady McCarthy repeatedly denied harming the child and was indicted on murder charges three years ago in a case that received global attention, but the charges were dropped last year and she was deported back to Ireland from the US, where she had been living illegally.

Following her indictment for the murder of Sabir, McCarthy spent 27 months in jail and three months under house arrest while awaiting trial.

After her acquittal, Brady McCarthy raised the possibility of suing prosecutors and the doctor who claimed Rehma died from blunt force head trauma after being violently shaken.

Taking the civil case, Rehma’s parents told the Boston Globe newspaper their main motivation in filing their lawsuit is to make sure Brady McCarthy does not make money off the child’s death. They said this was the only legal way to do so.

“Sameer and I want to emphasise that our purpose in filing this suit is to prevent Aisling McCarthy from profiting from our daughter’s death,” said Ms Siddiqui.

“For the parents who can’t bring Rehma back, they want to set the record straight,” said Ms Coakley.

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