The family of a toddler who died after being found unresponsive at an Island Lake daycare settled a wrongful death lawsuit Thursday for $1 million.

The civil lawsuit was filed in 2023 in McHenry County court naming Lots of Tots Child Care Inc. and its president and director, Christine Crutchfield.

Calum Dudakiw-Warrick was just about 2 years old when he was found April 25, 2023, “unresponsive with his neck resting on the edge of a plastic toy storage bin that was pulled out of a shelf by the employees and/or agents of Defendants,” according to the lawsuit. The boy died four days later at Lurie Children’s Hospital in Chicago. No criminal charges were filed in the boy’s death.

The family’s attorney, James C. Pullos, partner at Clifford Law Offices, said Thursday that the boy’s death “was tragic and entirely preventable. While nothing will bring back their child, this outcome provides a measure of closure and accountability for Calum.”

Calum was seen “playing in the vicinity of toy bins. At some point in time, daycare staff discovered Calum with his neck on top of the edge of one of the toy bins and unresponsive,” according to the settlement.

“Calum’s death was due to positional asphyxiation caused by Calum’s injuries to his neck,” according to the settlement. “There was no evidence produced in this case to demonstrate conscious pain and suffering. Accordingly, the damages in this matter are limited to compensable wrongful death damages for grief, sorrow, and mental suffering, and loss of society for Calum’s next of kin.”

The $1 million offer was made and accepted by Calum’s parents John Paul Dudakiw-Warrick and Felicia Walters and the case is closed. The offer is “the full extent of Defendants’ insurance coverage policy,” according to the settlement.

Calum was described in an online obituary as “a loving, funny, and spirited young boy.” He loved the color blue and loved animals, especially his dog and three cats, and was “fascinated by geese.”

Through their attorney, Calum’s family provided an emailed statement Thursday after the settlement: “The loss of our son Calum as been a devastating and grueling journey. Our want and longing for our son to be back with us is something we have to carry with us each passing moment. This settlement has been a culmination of years and yearning for a small shred of justice. We hope this tragedy we have experienced will bring awareness to safety measures at child care facilities.”

The daycare is open and “operational,” according to its website and the Illinois Department of Children and Family Services. The department declined to answer further questions.

Jeffrey J. Escher, attorney for the daycare and Crutchfield, said in an email: “We have no comment on the settlement.”

According to the settlement, attorneys will be paid one-third of the settlement, Calum’s parents each receive two-thirds. An additional $26,612 will be paid to the attorneys for expenses, according to the settlement.