The 1-year-old Gloucester girl injured when a car crashed into the Danvers Wal-Mart last month faces more surgery to remove a plate and screws from her chin, said her Peabody attorney, Barry Feinstein.
She recovered enough to be released from Spaulding Rehabilitation Hospital in Boston about a week to 10 days ago, he said.
"We are optimistic, but it's guarded," Feinstein said. "We are trying to look at things as best we can." The infant faces many speech and physical therapy sessions, the attorney said.
Makayla Hayes was sitting in a shopping cart being pushed by her mother, Alaina Hayes, 25, at 10 a.m. June 2 when a 1998 Toyota Camry driven by Louis Vesprini, 93, of Peabody crashed 40 feet through the front exit doors of the store at 55 Brooksby Village Way, police said. His son said later that day his father probably hit the gas instead of the brake.
Police reported six people injured in the accident, including Vesprini's 90-year-old wife, Lena, who was treated at the hospital and then released. Three people in the store complained of chest pain. Makayla's mom was also injured, including bruises all over her body and a large hematoma — a blood-filled tumor — behind a knee that had three prior surgeries, Feinstein said. Alaina Hayes may also have suffered a fractured pelvis, he said.
"The mother, being the good mother she is, is putting her own health needs aside for the good of the baby," Feinstein said.
The family has sued Vesprini in Superior Court for medical expenses, physical and emotional pain and suffering, and other costs resulting from the accident.
"We just want to make sure they get the best possible medical treatment they can get," Feinstein said. "It's just a tragedy, that's the only term that comes to mind."
Police have cited Vesprini for driving to endanger, and he faces a probable cause hearing before a clerk magistrate in Salem District Court. The Registry of Motor Vehicles revoked Vesprini's license as an immediate threat due to medical reasons.
"I think the operator's responsibility is clear," Feinstein said. "The standard for criminal negligence is higher than civil negligence ... I think any person is going to place responsibility for the incident ... to Mr. Vesprini."
Vesprini's attorney listed in court records did not return messages left after three calls to his office.
Staff writer Ethan Forman can be reached at 978-338-2673 or by e-mail at eforman@gloucestertimes.com.
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