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Parents charged for not seeking help as their daughter had a fatal asthma attack

Prosecutors say Rachel and Anthony Modrow did not take their 9-year-old daughter to the hospital when she was having a life-threatening asthma attack.
Credit: Hennepin County Sheriff's Office
A Hopkins couple is charged with manslaughter for allegedly failing to seek medical attention when their daughter was having an asthma attack.

HOPKINS, Minn. — A Hopkins couple is charged with manslaughter after prosecutors say they failed to seek medical attention for their 9-year-old daughter as she suffered what would turn out to be a fatal asthma attack. 

Court documents spell out the case against Rachel and Anthony Modrow, each of whom is charged with a single count of second-degree manslaughter. 

The criminal complaint says Hopkins police squads were dispatched to a "known residence" Feb. 10 on reports that a child was having an asthma attack. When officers and paramedics arrived on scene they found the girl had no pulse, and she was rushed to Hennepin County Medical Center where she would die one week later. Doctors said the 9-year-old was brain dead due to a lack of oxygen to her brain as a result of the asthma attack. 

Investigators learned that the victim was invited to a friend's home for a sleepover on Feb. 9, and spoke with that child's mother. The witness told police that her child woke her up and said her friend, the victim, was not feeling well. A few hours later, at approximately 7 a.m., the daughter woke her again and said the victim was having an asthma attack. The young victim was attempting to use an inhaler she said was her grandmother's, but it didn't seem to be helping. 

Prosecutors say the woman called the victim's parents and told them the child couldn't breathe and "was not faking it." The witness took the victim home and told her parents - who do not own a vehicle - that she could take the 9-year-old to a doctor but the Modrows allegedly refused the offer. The woman said the victim was wheezing, breathing heavily, could barely walk and asked to be taken to a doctor. 

Officers contacted a known family friend who said he was informed of the situation and went to the Modrow residence. The witness said when he arrived the child's skin was turning blue, she was crying and couldn't raise her arms. The witness said instead of calling for help, the child's mother ran her a bath. Eventually, the witness told police, he insisted that she needed to go to the hospital and carried her out to the parking lot, where he called 911 and an ambulance came. 

Investigators executed a search warrant on the young victim's phone and learned she texted her grandmother at 7:09 a.m. asking for medicine. At 7:30 a.m. the child was dropped off at her home, but prosecutors say Rachel and Anthony Modrow failed to take action. It took a 911 call from the family friend at 10:30 a.m, but according to prosecutors, an ambulance didn't get the child to the hospital until 10:57 a.m. 

Multiple doctors were consulted, including a Pediatric Critical Care doctor who stated the victim would have had a much better chance to survive with earlier medical intervention and explained how important early medical intervention is for asthma. The same doctor noted a steam bath is not a recognized treatment for asthma.  

When questioned, the victim's father reportedly told police his daughter informed him that her albuterol inhaler was empty a month earlier but he never got it refilled. Her mother allegedly said she did not want to call an ambulance, and that their family friend could drive the child to the hospital. 

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