Case Summary

The final court decision was made, "Judicial settlement with the daycare"


Our 3 months old son was killed by Daycare.


In 2010, I dropped our baby to the daycare. 3 hours later I received phone call from the daycare worker and said they were at the hospital with my son because he wasn’t breathing.


When I arrived at the hospital, my baby was dead. The cause of death was bacterial pneumonia, told by the police


Few weeks later, unbelievable fact was unravelled, the daycare workers left my baby along with 12 other infants alone unattended by any adult and went to the Gym during the napping time, and they were hiding it until the testimony of an eyewitness told the police.


We felt something suspicious about the daycare, therefore we asked for legally autopsy, and the cause of death was not from bacterial pneumonia


The truth is, our baby was put facing down and was suffocated to death while they were at the Gym


We decided to bring a case and press charges against the daycare.

5 years of trial, we were convinced by the court and attorney that it is better to settle with the daycare. Of course we could never agree but after they told us how much it will cost us if we keep continue, it was almost like force decision.


Until today, the daycare hasn't given an apology nor condolence...

Friday, February 1, 2013

It's been 3 years since my son died


It has passed 3 years since February 2010. At that time, it was only 3 weeks after my first son had his 2nd birthday.  

The day when his little brother passed away, he was crying harder than usual, so my husband took him outside, he said, still using his baby-talk, “Hiroake has flown away up above in the sky” with pointing his small finger up. 

When I saw him, I thought even two year old boy understands the loss of his brother, and was having a difficult time, which made me cry even harder. 


I have worked very hard in the past 3 years to bring this incident as a criminal case. In August 2012, I was told by a police and a prosecutor that it was judged as not guilty, and it did not even become a criminal case. Not-Guilty… I did not know where to throw my sorrows and furies.


As a result of not guilty, these people at the daycare were not criminal offense, and did not even have to pay fine for a penny. I did not know how I could take this reality. They ran a daycare and had 12 new born babies, the owner lady of the daycare went to a fitness club and her daughter who worked there left to make lunch for her husband, both left the daycare leaving 12 babies alone unattended. During that time, my son was left laid facing down without checking his condition, and was killed.  The cause of death was because he was sick, and it had nothing to do with how they treated my son, therefore, there was no criminal matter involved.

Police explained it to my husband and me so many times, but I could never nor will I ever understand the result.

If they did not leave the daycare unattended, my son, Hirotake would not have had to lose his life… I am very upset.

That daycare was closed down for losing my son.

The room of the house where my son was killed is blocking the road that will be extended; the whole building will be knocked down.

These people who owned the daycare will receive money from the government for force removal, and will build a brand-new house. I am sure they are very happy to do that, because they said, “it’s very hard to see the room where Hirotake died”

Until today, we have never received a condolence or an apology from the daycare. I just cannot forgive them.

From March 2013, a Civil Trial will start, we appreciate for your support.




Original Japanese version of this Article

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