Elena and Matt Kittle have filed a lawsuit against The Bay Club daycare facility in El Segundo following an incident in which their 23-month-old son sustained a traumatic brain injury. According to the legal complaint, the injury occurred after a daycare worker threw the child into the air and subsequently dropped him on his head. Surveillance footage obtained by the family reportedly captured the event.

The injury left the toddler with significant brain trauma and hearing loss, according to the lawsuit. The couple took legal action to hold the daycare accountable for the incident.

The Kittles have experienced previous personal tragedy. Eleven years prior, they lost their first child, Evelyn “Evie” Grace Kittle, who was born with two rare birth defects—diaphragmatic hernia and hypoplastic left heart syndrome. Despite medical interventions and time with family following her birth on April 4, 2015, Evie died less than an hour later.

The parents have described their son’s injury as devastating, compounding the loss they endured with their daughter’s passing. The lawsuit is currently underway, as the family seeks justice and raises concerns about safety at the childcare facility. The Bay Club has not publicly commented on the matter.