Antihistamine bottle spilled over with pink pillsABILENE, TX – The Button Law Firm is representing a mother and her daughter after the two-year-old was given an antihistamine, Benadryl, to force her to be sleepy and drowsy and prevent her from getting fussy throughout the day while at daycare. The drugs were given to the two-year-old without her mother’s consent and allegedly on multiple occasions.

The lawsuit was filed in Taylor County, Texas, by The Button Law Firm on behalf of Maribel Sandoval and her daughter against an Abeline daycare center called Maw’s Child Care.

A caregiver at the daycare witnessed the effects of the drug on the child in July of 2021 and decided to come forward – that’s when law enforcement was alerted about the incident. A hair follicle test confirmed the presence of the antihistamine diphenhydramine, also known as Benadryl, in the child’s system.

Benadryl’s warning label and website list explicit instructions not to use the drug to make a child sleepy purposely.

What Are the Rules About Daycares Providing Medication to Children?

For daycares to provide medication to children in their care, they must have permission from their parents. Under no circumstances can daycares give children medication without parental consent.

When Maw’s Child Care provided children with Benadryl without permission, they violated the state’s minimum standards and laws on childcare.

The Dangers of Giving Children Medication at Daycare Without Parental Consent

Not only is it illegal for daycares to provide children with medication unknowingly to their parents, but it’s also incredibly dangerous. Children can have adverse reactions to medication that can cause severe injury or even death.

Adverse reactions to medications can be caused by being given too high a medication dosage or having an allergic reaction. Additionally, many medications are unsuitable for infants and toddlers and may cause other reactions when given to children at this age. These scenarios are incredibly hazardous and would require immediate life-saving medical care.

Maw’s Child Care and Their History of Violations

Upon investigation, The Button Law Firm discovered a variety of violations attributed to Maw’s Child care, ranging from allowing employees to work around children before passing a background check to not meeting proper child-to-caregiver ratios.

Within three months of opening its doors in April of 2021, the daycare received 29 citations and was subjected to nine investigations, including two abuse and neglect investigations by the Texas Health and Human Services Commission and the Texas Department of Family and Protective Services. The State has since shut down the daycare and revoked its licensing privileges.

How the Button Law Firm is Committed to Getting Justice for This Abilene Family

Maw’s Child Care recklessly broke the trust of this parent and put this child in danger. This daycare made a pattern of cutting corners to avoid correctly taking care of the children parents entrusted them with.

The Button Law Firm is working to make sure this family can move forward past this frightening event and to stop this from happening to other families moving forward. Though Maw’s Child Care has been shut down, The Button Law Firm hopes this serves as a warning to other daycares that think they can get away with drugging children under their care.

Has Your Child Been Given Medication at Daycare Without Your Consent?

If your child was drugged at daycare, it’s important that you take immediate action to hold the daycare accountable. Daycares should not be drugging children to cut corners.

If you have more questions or would like to speak to a member of our team, contact us by calling (214) 699-4409 or filling out the contact form at the bottom of this page. You can also reach out to us by starting a chat with a member of our team.

Russell Button
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Dallas, Houston, and Midland Texas trial and personal injury lawyer dedicated to securing justice for clients.
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