Lawsuit against Elgin woman charged in shaken baby case

A woman accused of shaking and injuring a baby in Elgin in 2016 is being sued for damages.

Patricia Franco Perez, 30, of the 900 block of Lavoie Avenue, faces a felony charge of aggravated battery to a child younger than 13 and is due in Kane County court Jan. 5.

Perez was charged in January 2016 with causing injuries to a 5-month-old she was watching, according to court records and a lawsuit filed by the girl's mother, Lizeth Moreno-Islas of Streamwood.

Police responded to Perez's residence for a report of a baby not breathing. The child had been under Perez's care for about six hours when authorities were called. Doctors at Presence St. Joseph Hospital in Elgin determined that the baby had neurological injuries, but no external injuries, according to the lawsuit.

The state's Department of Children and Family Services investigated the baby's parents and concluded there was "no credible evidence" of child abuse or neglect, and Perez was eventually charged with injuring the baby.

The child turned 2 in August and her long-term prognosis is unclear.

"The child has permanent injuries. Very sad," said Gary Newman, attorney for the mom. "Because of her young age it is difficult to know how life-altering the injury will be."

It was unclear whether Perez hired an attorney or been served with the lawsuit. David Camic, who is representing Perez in the criminal case, said he would have to see the lawsuit to determine what, if any, effect it could have on the criminal case, which is proceeding.

The lawsuit seeks more than $100,000 damages to pay for ongoing medical care, plus damages for the mom for pain and emotional distress.

Perez is free on bond. If convicted, she faces up to 30 years in prison without the possibility of probation.