Pink antihistamine pills in package In July 2021, workers at an Abilene daycare center give a two-year-old girl Benadryl on two known occasions—once when she was crying before naptime and once for no apparent reason. The daycare director and workers administered the over-the-counter drug illegally and without parental consent in order to make the toddler and other children drowsy at naptime and whenever they would get fussy, therefore avoiding to properly take care of the children.

Luckily, the girl’s parents contacted our experienced Texas daycare injury lawyers at The Button Law Firm to hold the daycare accountable and get justice. We help families when children are drugged wile in daycare centers all over Texas. These include incidents when chlidren are given over-the-counter medication without parental permission, improper doses of prescription medicines, or illegal substances.

What Did the Daycare in Abilene Do Wrong?

The Abilene daycare workers were reckless and negligent in giving this little girl medication to make her sleep so they could avoid properly taking care of the girl and other children under their watch.

Regarding medication, Texas’ minimum daycare standards require childcare facilities to:

  • Administer medication as stated on the label directions or as amended in writing by the child’s doctor
  • Get parental permission before giving a child any type of medication, whether it be an over-the-counter medicine like Benadryl or a medication prescribed by the child’s doctor
  • Keep record of all medication administered to a child
  • Immediately notify parents of any situation that places a child at risk
  • Not force a child to sleep

In this case, the daycare ignored all of the above state-mandated safety requirements. The toddler’s mother never gave permission for the daycare to administer Benadryl to her daughter. Also, no dose is listed for children under the age of 6 on Benadryl’s label because of the over-the-counter medication’s significant side effects. In fact, a warning label on the medicine’s packaging clearly states not to use the drug to make a child sleepy. The drug can have adverse effects on young children, including cause fast heartbeats, minor heart arrhythmias, and seizures.

As part of the state’s investigation into this daycare incident, hair follicle testing confirmed the presence of the antihistamine diphenhydramine, also known as Benadryl, in the toddler’s system.

The state of Texas cited the Abilene daycare 14 times in the three months leading up to the incident and as a result of the incident involving the little girl. The state also had several pending investigations, which focused on many concerns over the conduct and management of the daycare center, including staff members awarded training certificates without completing training, using inappropriate discipline methods, and permitting caregivers to work with children without completed background checks. Ultimately, the state deemed this daycare unfit for children and shut down the facility.

How The Button Law Firm Helped This Abilene Family Move Forward

Our Texas daycare injury lawyers work to make local communities safer by fighting for clients who are victimized by childcare facilities, like this little girl and her family in Abilene.

As you can imagine, the emotional distress that this little girl and her mom went through as a result of these drugging incidents was immense. The girl’s mom distrusted her daughter’s health and safety to anyone else and had to leave her job out of fear that only she could protect her child. Like any caring mother, she became anxious and overwhelmed, even questioning her daughter’s new caregivers.

Thanks to our attorneys at The Button Law Firm, the daycare was held accountable for all of their wrongdoings. The family was able to cover expenses and provide resources needed to help the mom and her toddler heal with a settlement secured by our legal team.

How The Button Law Firm Can Help Your Family with a Texas Daycare Injury Case

If your child was abused or neglected at daycare, contact our knowledgeable Texas daycare injury attorneys at The Button Law Firm. We are experienced in working on cases involving children, like this case where a young girl was hurt by daycare workers. Our attorneys will listen to you and your child to assess the situation and determine where a daycare failed to protect your child in its care. Our attorneys at The Button Law Firm are recognized on the prestigious Texas Super Lawyers list, and we can help guide you after a traumatizing incident involving your child. We work on contingency, meaning we don’t charge you or collect any upfront fees to get started on your case. Call us at 214-699-4409 or fill out a contact form below for a free consultation.

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

DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients' cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client's case.