In November 1996, fifteen-month-old Jared McLean was placed in the New Jersey foster care system under the watch of the Division of Youth and Family Services. Born prematurely and exposed to a number of drugs, diseases and developmental problems while in gestation, Jared was classified as a special needs medically fragile child by the State for which he required special medical attention.

Instead, Jared was placed in a foster home that was overcapacity with a single mother to two natural children and three foster children who, by her own admission, was depressed, experiencing financial problems, and felt stressed. Despite several visits by the State to the foster home wherein alarming issues with the living arrangements and care of Jared were noted, nothing was done to ensure Jared's proper care. Anonymous phone calls and missed doctor's appointments regarding Jared's welfare were all brought to the attention of the State, but Jared remained in the home.

It was the culmination of these factors that led to Jared's injuries. In October 1997, his foster mother left him alone and unclothed in the kitchen sink as she walked off to get a bath towel with which to bathe him. In that instant, Jared was severely burned by hot water that spewed from the faucets at full pressure after he accidentally kicked a loose hot water faucet. Rather than seek immediate medical attention, Jared's foster mother rubbed what is believed to be benzyl peroxide on his burns and put him to bed. Upon discovering in the morning that the skin had blistered overnight, the foster mother waited until her other children went to school before taking him to the hospital.

Richard M. Winograd, Esq. litigated this case on behalf of the plaintiff minor before the Honorable Judge Raymond A. Reddin of the Passaic County Superior Court. This case settled for $1,700,000 in early 2008.