EAC: A History Of Litigation Over Failure To Make Accurate Disclosures

More U.S. adoptions of Russians fail
Corruption, lack of regulations have resulted in troubled orphans

Sunday, August 13, 2000

By Cindi Lash, Post-Gazette Staff Writer

“Some parents sued, charging that agencies failed to disclose information about their children that might have affected their decision to adopt.

Among them are Michael and Susan McMullen of Franklin, Venango County, who earlier this year filed a lawsuit against European Adoption Consultants Inc. of North Royalton, Ohio, in U.S. District Court in Pittsburgh.

In their suit, the McMullens charge that EAC and its director, Margaret Cole, committed breach of contract, fraud, intentional nondisclosure and negligent misrepresentation and intentional infliction of emotional distress when it placed a 5-month-old boy with them in 1992.

The McMullens contend that EAC told them only that the boy had a correctable cleft palate. He later was found to be mentally retarded and affected with a severe form of epilepsy and is likely to require institutional care, according to the suit.

In court documents, Cole has argued that she personally should not be a party to the suit because the McMullens’ contract was with EAC. She also has argued that the suit was not filed in the correct jurisdiction and that she was not served with it in a timely fashion.

EAC has not filed a response to the suit pending the resolution of the jurisdiction issue. EAC representatives did not return calls seeking comment.”