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Jeff Brody
Litigators Inc.
The family of a young girl with cerebral palsy who died when she became stuck between the side rail and mattress of her special-needs bed has started a foundation that will be funded by their settlement money.
Victoria Flick died on August 1, 2004 at the age of seven. Her bed, which was advertised by Vail Products Inc. as one that would protect special-needs children overnight, was in fact defective.
Deborah and John Flick filed a wrongful death lawsuit against the company shortly after their daughter died. They reached a settlement with the company in September 2005 and decided to start a foundation in their daughter's honor – the Victoria Flick's Friends Foundation.
The Flicks said that the settlement was a way for them to focus on something positive by sharing with others. “Sharing with other kids helps us,” said Deborah Flick.
But the Flicks had a reason for not donating the settlement money all at once. “We wanted this to last a lifetime. We expected Victoria to be here until she was 80, so we want to keep her name alive at least that long,” said John Flick.
While creating a foundation out of settlement money is rare, primarily because the amount is considered relatively small by philanthropy standards, it is not altogether unheard of.
The foundation will give the Flicks a way to remain active and have more control over how the money is used. “I think it's great,” said assistant executive director of the Center on Philanthropy at Indiana University, Dwight Burlingame.
Among the first recipients of Victoria Flick's Friends Foundation grants will be Variety and the John G. Leach School. Variety is the children's charity that helped the Flicks when they were caring for their daughter, and the school is a special-needs school that Victoria attended.
If your child developed cerebral palsy because of the negligence or malpractice of a medical professional, you may wish to contact a cerebral palsy lawyer who can help you understand your legal rights .