The parents of a toddler who stopped breathing at Happy Feet Day Care won a settlement of more than $1 million on Monday in a Twin Falls courtroom.

Twin Falls 5th District Court Judge G. Richard Bevan handed down the settlement totaling $1,060,984.71, following tearful testimony from the parents of 15-month-old Brendan Becker, who died July 5 at a Boise hospital after he stopped breathing at Happy Feet Day Care in Twin Falls.

Becker’s mom, Shyloh Masuo, and his dad, Joshua Becker, of Kimberly, filed suit against the day care’s owners, Gloria Galan and Julio Silva, along with two unnamed employees on Aug. 11. The parents claimed the day care was reckless and breached its duty to care for their child.

The defendants, including Galan, did not respond to the lawsuit nor attend Monday’s hearing for default judgment against them. “There’s no doubt this baby was strangled by a car seat,” said the parents’ lawyer, Robyn Brody. “The court has to place a value on this family’s loss.”

Brody told the court Monday that Galan had 25 years of experience in day care settings, but placed the baby who was being “fussy” into a car seat, within in a play-pen and then left him unsupervised.

Twin Falls Police did not charge anyone with a crime after the death. A residential phone number listed to Galan’s name rang unanswered Monday night and she could not otherwise be reached for comment.

Brody said after the hearing that she has concerns about recovering the settlement, and is unaware of Galan’s whereabouts. A Gloria Galan served on the Twin Falls City Council from 2001 to 2005.

The case highlights a need for change in Idaho’s day care legislation, following years of failed attempts at stricter day care mandates, said Brody.

“Our system needs help,” Brody said after Monday’s hearing.

What happened to Brendan Becker’s parents is “every working parent’s nightmare,” she said.

Galan was licensed to run a day care, and the parents told the court her day care seemed safe and clean. Brendan stopped breathing on only his second visit to Happy Feet on July 3, Masuo testified.

“It looked really good,” said Masuo of Happy Feet. “It was clean … It looked very structured.”

After moving to Twin Falls from Oregon, Masuo testified that she interviewed Galan before sending her three children to Happy Feet. Masuo said she learned about the day care business from the Idaho State Training and Registry System, which assists parents with child care referrals and resources.

Galan allegedly told Masuo that her son stopped breathing after a shirt wrapped around his neck. Then to police, Galan allegedly said the baby stopped breathing in the car seat. Police also interviewed the parents about the death, according to testimony.

“She won’t say anything,” said Masuo about information Galan provided to her.

Becker’s father broke down from the stand while recounting his pleas to Galan for information about what happened to his boy.

“She just kept telling me he was being fussy,” said Joshua Becker. “I said, ‘No, I want to know what happened to my son.’”

But Galan left the parents with their questions unanswered. “She (Galan) wouldn’t tell me,” said Becker.

The day care’s license was suspended by the state just days after the incident, on July 8, and was to remain suspended pending the outcome of the case, Idaho Department of Health and Welfare spokesman Tom Shanahan said in August.

But under Idaho law, day cares that take in six or fewer children are not required to be licensed by the state, Shanahan said.

Bevan told the court that he hopes “this will help start the healing.”

And when it was all over, Masuo cautioned other parents to “protect your children.”

Andrea Jackson may be reached at ajackson@magicvalley.com or 208-735-3380.