Tylo's claim comes in the form of an amendment to an April 2006 malpractice lawsuit filed against therapist Shanna Downing, who was counseling multiple members of the Tylo family in 2004 and 2005. In court papers filed Jan. 24, Tylo asserted that Michael's death "is related to Michael's seizure disorder which the defendants failed to properly diagnose, refer for diagnosis or treat."
In the declaration, Tylo says these past several months have been difficult. "The recent and sudden death of my son has caused me even much more grief, anxiety, sadness and emotional and financial distress than I ever imagined I would face when filing my initial complaint. I have not been able to properly and fully work and function in life."
According to court papers filed by Downing, she counseled Michael II because he was having "conflicts" with his parents, who were going through a divorce.
"She was anti-medicine and pro-acupuncture," Patricia Vaccarino, Tylo's attorney, told PEOPLE. "Downing did not believe in medication. If things had been done differently then [Michael II] may not have died."
"Ms. Downing specifically advised Michael and his mother that Michael's seizure were due to the stress he was experiencing due to his parents' break-up," the papers say. "Ms. Downing told Michael and Hunter that once the stress was eliminated in Michael's life, the seizures would disappear."
More LawsuitsMichael Shannon, Downing's attorney, told PEOPLE in December, "I can't see how there would be a connection between counseling that ended almost two years ago and (Michael II's) accidental death in October."
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In the suit, Tylo has also named Horizon Family Therapy & Wellness, Inc., the office where Downing rented space. Tylo also has lodged a complaint with the Nevada Board of Examiners for Social Workers, Vaccarino says.
Downing, a clinical social worker, has been licensed in Nevada since 2003 and remains in good standing, says the rep.