Army settles wrongful death lawsuit over infant’s death at babysitter’s home
HONOLULU (HawaiiNewsNow) – The Army will pay the parents of Abigail Lobisch $900,000 to settle a lawsuit over the infant’s 2019 death at a babysitter’s home on Aliamanu Military Reservation.
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Abigail, known as Baby Abi, was 7 months old when she was given a lethal dose of diphenhydramine, the active ingredient in Benadryl, according to an autopsy report.
She was found dead Feb. 24, 2019, at the home of Dixie Denise Villa, who had been babysitting the infant.
Babysitter convicted of manslaughter
A jury found Villa guilty of manslaughter in November 2024 and she was sentenced to 20 years in prison. Villa is now appealing the conviction.
At Villa’s sentencing hearing in May 2025, Anna Lobisch told the court the grief of losing Baby Abi has consumed her.
“My heart has never stopped hurting,” Lobisch said. “My life has been defined by grief and loss and the pain of living without Abi is a heavy weight I will carry every single day for the rest of my life.”
Lawsuit cited prior complaints
The parents sued the military and Island Palm Communities, a contractor that owned and managed the housing. Court documents say both “failed to prevent” Villa from “operating an unauthorized daycare in her on-base home.”
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The settlement record also says, that in 2017 and 2018 “there were various reports made regarding unauthorized childcare in the Villa home. In response the Army sent multiple cease-and-desist letters.”
Kevin O’Grady, an attorney and former military prosecutor said the documents show “this was a known issue, yet the military and the other contractor failed to coordinate their efforts.”
O’Grady said that, because the letters were sent in the two years before the child’s death, “it appears that there was certainly enough time to have taken some action.”
Retired federal public defender Alexander Silvert agreed. “The military needs to be more proactive in looking into matters that involve the safety of children,” he said.
Silvert has represented clients connected to child deaths on base, and said the red flags needed a more urgent response.
The federal settlement only covers the government’s share. A separate, confidential agreement with contractor Island Palm Communities is still being worked out.
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