A Massachusetts civil court has entered a default ruling against Aisling Brady McCarthy after she failed to respond to a wrongful death lawsuit filed by the parents of Rehma Sabir.

A civil court in Massachusetts has entered a default ruling against Irish nanny Aisling Brady McCarthy who has been named in a wrongful death lawsuit filed by the parents of a 1-year-old Rehma Sabir who died while in the Irish woman’s care.

Court records show that McCarthy, who now lives in Ireland, was served a copy of the lawsuit on July 8 and has failed to “file an appearance, answer,” or issue any other “responsive pleading” within the maximum 20 days allowed by the courts, the Boston Globe reports.

According to Martha Coakley, an attorney for Sameer Sabir and Nada Siddiqui, the parents of the deceased child, the default ruling entered by a Middlesex Superior Court clerk resulted in the scheduling of a court hearing to determine damages.

The Sabir / Siddiqui family.

The Sabir / Siddiqui family.

“The court will either set a date or we will request a date some time in the fall for the entry of a default judgement,” said Coakley.

During the hearing, the parents will seek a way to prevent McCarthy from profiting from their daughter’s death, through book deals or movie rights.

Read more: Boston Irish nanny has grounds to sue District Attorney over imprisonment

They will also outline the evidence they claim shows their child was killed by the nanny through blunt trauma to the head and violent shaking.

“For the parents who can’t bring Rehma back, they want to set the record straight,” Coakley said.

In January 2013, Rehma Sabir was found unconscious in her cot and later died while McCarthy was looking after her at the family home in Cambridge, Massachusetts.

McCarthy was indicted for the murder of the child, spending 27 months in jail and three months under house arrest while awaiting trial.  

Boston nanny Aisling Brady McCarthy in court during her trial.

Boston nanny Aisling Brady McCarthy in court during her trial.

Defense attorneys for McCarthy, who has consistently denied that she ever hurt the infant, brought forth medical experts who proposed alternative causes for the child’s death, such as a bleeding disorder or immune deficiency issue.

In August last year, the state medical examiner reversed an earlier finding that the child’s death had been a homicide, changing it to “undetermined,” and charges against McCarthy were dropped. Because she was living illegally in the United States, McCarthy was deported to Ireland following the dropped prosecution.

The Irish Times reports the parents are seeking $25,000 in damages, and burial costs for the child.

Said Coakley: “While this case was investigated and ultimately dropped by the district attorney when the medical examiner’s office changed its opinion to undetermined, the only side of the story that most people heard was that of the defendant...through her counsel, through columnists, through other publicity.

“There’s really little or no reporting on the allegations, the strength of the allegations.

“And so the family feels that the public does not know the true story. And that is part of their goal here... to set the record straight.”

Records show no attorney as representing McCarthy in the civil case at this time.