PALM CITY — A lawsuit was filed Tuesday by the parents of Peyton McCaughey, the 10-year-old Palm City boy who lost 90 percent of his motor skills after exposure to chemicals used to fumigate his family’s home for termites. 
 
 
 
 Department of Agriculture and Consumer Services Communications Director Jennifer Meale said in a release Wednesday a report from the state Department of Health confirmed the boy had a “pesticide-related illness and injury.” 
 
 Peyton’s parents, Carl and Lori Ann McCaughey, sued Terminix International Co. and Sunland Pest Control Services Inc., the West Palm Beach subcontractor that performed the fumigation on the three-bedroom home in the 1400 block of Naomi Street where the McCaughey family lived. 
 
 According to the lawsuit, the three-bedroom house was fumigated for termites by Terminix in August 2014, but the termites returned. “Under the direction of Terminix, the home was re-tented and fumigated” on Aug. 14 by Sunland,” the suit says. 
 
 This time, though, the chemical Zythor was used, because Sunland had apparently run out of Vikane, which was used for the previous fumigation. 
 
 Sunland didn’t use the proper dosage of Zythor and “didn’t properly ventilate what was pumped into the home to kill the termites,” said Bill Williams, a partner in the West Palm Beach law firm Lytal, Reiter, Smith, Ivey & Fronrath, which is representing the McCaugheys. 
 
 Sunland also failed to properly check the home for toxic residue before telling the McCaugheys they could reoccupy the home on Aug. 16. 
 
 By the next day, the entire McCaughey family, including their 7-year-old daughter, Riley, and Lori Ann McCaughey’s mother, Lavonne Gribben, had fallen ill, though Peyton was much more severely ill. 
 
 The others have all apparently recovered, said family spokesman Ed Gribben Jr. 
 
 Peyton turned 10 on Sept. 3 at Miami Children’s Hospital, and was transferred the next day to a Broward County rehabilitation hospital. He is “not able to walk, or even lift his own head,” Ed Gribben Jr. said. 
 
 That same day, the Florida Department of Agriculture said it was stopping Sunland from performing any fumigations until an investigation determines what made Peyton so sick. The department also issued a suspension order against Sunland on Wednesday. 
 
 Sunland did not return calls seeking comment. 
 
 Peyton’s parents have been mostly by their son’s side during the ordeal. Lori Ann McCaughey, an assistant principal at Martin County High School, has about used up her accrued paid time off, said Ed Gribben Jr., her brother. 

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 A Florida boy who has been hospitalized since August and suffered brain damage after his home was fumigated was poisoned by pesticides, a state investigation concluded. 
 
 The Department of Agriculture and Consumer Services said in a statement Thursday that 10-year-old Peyton McCaughey's sickness was a "pesticide-related illness and injury." The boy's Palm City home was fumigated on Aug. 14. 
 
 The report said Sunland Pest Control, which was subcontracted by Terminix, could not provide investigators with working gas meters when asked. The meters ensure that it is safe to reenter the home. 
 
 Attorney Bill Williams, who is representing the McCaughey family, told NBC News on Thursday that the family filed a lawsuit claiming that Terminix and Sunland failed to verify that the home was safe before permitting the family to go back. 
 
 According to the complaint, Peyton McCaughey "sustained a catastrophic brain injury," after Terminix and Sunland "failed to properly make certain" the home was safe to enter. The lawsuit also alleges Sunland did not properly ventilate the home after chemicals used to kill the termites were used. 
 
 The family was allowed to reenter the house Aug. 16 and fell ill. Peyton had the most severe symptoms, including slurred speech and muscle contractions. He remains at a South Florida rehabilitation facility, Williams said. 
 
 A Terminix spokesperson said on Thursday its thoughts and prayers are with the family, however company policy prevents it from commenting on pending litigation. The company said Sunland was its subcontractor. Sunland Pest Control did not return a request for comment. 
 
 Aaron Keller, spokesperson for the Florida Department of Agriculture, said that the department suspended Sunland Pest Control's license on Wednesday. 
 
 "The Florida Department of Agriculture and Consumer Services executed a suspension order against Sunland Pest Control. We will continue to build our administrative case against Sunland Pest Control," Aaron Keller, spokesperson for the Florida Department of Agriculture, said. 
 
 McCaughey's uncle Ed Gribben spoke to NBC affiliate WPTV just before the results of the state investigation were released and said his nephew requires around the clock care. 
 
 "It's hopeful and encouraging that he has made some improvement but he's nowhere near the kid that he used to be," Gribben said. 

 A state investigation is shedding new light on what happened to 10-year-old Peyton Mccaughey. His family says he's suffering from brain damage after being exposed to pesticides. The young boy is bedridden in a Miami Hospital where he's been since August 17, one day after his family was cleared to return to its Palm City home following fumigation. 
 
 The Mccaughey family originally hired Terminix to fumigate their home August 14. Then Terminix subcontracted the job to Sunland Pest Control based in West Palm Beach. The dual investigation by Florida's Departments of Agriculture and Health determined the Mccaughey family was cleared by Sunland to return to their home on Sunday August 16. The only way to insure the deadly pesticides used in a fumigation are gone, according to the state report, is to test the homes air using sophisticated equipment. That equipment must be calibrated every 30 days. The Department of Agriculture inspected the two devices Sunland uses. The report shows "neither of them were in working order." The report doesn't say whether or not Sunland even tried to use those devices in the Mccaughey's home, but it does say they were in such poor condition they may actually have been dangerous to use. 
 
 The gas used in home fumigations is called sulfuryl flouride. It's made by two different companies and sold under the name "Vikane" or "Zythor." 
 
 In order to purchase this chemical, the state report says the manufacturers require fumigators to participate in a stewardship program to make sure they are properly trained. 
 
 The state's report says Sunland has not participated in the programs. As a result, we're learning that Sunland has lost it's ability to purchase sulfuryl flouride from both manufacturers. 
 
 The Department of Health handled the investigation into Peyton Mccaughey's condition. The DOH report says investigators did countless interviews, reviewed all available medical documents and consulted with specialists. In the end, the report rules out all other potential causes of Peyton's brain damage. It also paints a vivid picture of the nightmare his whole family went through. 
 
 The Mccaughey's returned to their Palm City home on Sunday august 16. Just hours after Sunland Pest Control finished fumigating and deemed it safe to return. 
 
 By early evening, the report says Peyton started vomiting. His mother developed the same symptoms shortly after. 
 
 By six Monday morning, investigators say Peyton's father, sister and grandmother we're all vomiting. 
 
 Three hours later, at nine Monday morning, Peyton's mother took him and his sister to the emergency room. All three were diagnosed with chemical inhalation. 
 
 Peyton's mother and sister recovered and were released that day. The report says Peyton displayed an altered mental status, slurred speech and loss of body control. Because of his severe condition he was transferred to a hospital in Miami where he has been ever since. 
 
 As a result of this case, Florida's Department of Agriculture says its Inspector General's office is thoroughly evaluating all pest control companies' fumigations in order to determine whether there are any regulatory changes that can be made to prevent a similar situation. 
 
 The Department of Agriculture also says its investigation is ongoing as it continues to build its case against Sunland Pest Control. 
 
 In the meantime, Sunland's license has been officially suspended by the state. A lawsuit filed by attorney's representing the Mccaughey family list Terminix and Sunland Pest Control as defendants. 
 
 The family is seeking damages to help pay for Peyton's 24-hour care needs that may continue for the rest of the ten-year-old's life. 
 
 Repeated attempts by NewsChannel 5 to contact Sunland Pest Control by phone and in person have been unsuccessful. 
 
 Terminix has offered a statement saying its "heart goes out to the family" but it cannot comment further as a result of the pending litigation.
– Last month, Peyton McCaughey's family called in fumigators to deal with the humdrum problem of termites. Today, the 10-year-old boy has lost 90% of his motor skills, and state investigators in Florida say it's because of the chemicals used in the fumigation, reports NBC News. The boy's parents this week sued Terminix and a subcontractor named Sunland Pest Control, alleging shoddy practices, reports TCPalm. Peyton "sustained a catastrophic brain injury" because the fumigators "failed to properly make certain" that the home was safe for the family to re-enter, according to the complaint. The boy, his sister, his parents, and his grandmother all quickly became sick, but Peyton suffered the worst with slurred speech and muscle spasms. Everyone else recovered, but today Peyton can't walk or "even lift his head," says a family spokesman. The state Department of Agriculture and Consumer Services Communications has suspended Sunland's pest-control license as the investigation continues. Investigators found that devices Sunland should have used to test the home for safety were not working properly, reports WPTV. The state also says that Sunland didn't participate in a training program required for the particular chemical used in the fumigation. Terminix says its "heart goes out to the family" but wouldn't comment further because of the pending lawsuit. Peyton's prospects for recovery are unclear, but he currently requires constant care. "It's hopeful and encouraging that he has made some improvement but he's nowhere near the kid that he used to be," says his uncle, Ed Gribben. (Pesticides also sickened a family vacationing in the Virgin Islands.)