Boy in hospital after suffering allergic reaction at daycareThe Dallas-area daycare injury attorneys at The Button Law Firm obtained justice for a Keller, Texas, family whose child suffered a severe allergic reaction while in daycare. The experienced team of trial lawyers at The Button Law Firm secured a settlement that will help the child and his family complete the road to recovery. Also, the settlement will help prevent similar incidents from occurring in the future by reminding daycare centers to take children’s dietary restrictions and emergency care plans seriously.

As this case illustrates, far too many Texas daycare centers fail to ensure that the children in their care do not ingest foods that will cause an allergic reaction. Even worse, the facilities often fail to follow proper emergency care plans when an allergic reaction occurs. Unfortunately, a case like that of a Keller family whose child was given a chocolate chip cookie containing known allergens is one the daycare injury attorneys at The Button Law Firm have seen too often.

Daycare Center Disregarded the Child’s Known Allergens and Emergency Care Plan

This Keller, TX family did everything they could to make sure their daycare center knew their young boy’s allergens. The family completed enrollment forms documenting the child’s specific allergens, included an emergency allergy care plan directed and signed by a physician, and posted warnings in the classroom that explained the child was to be given food only from his home.

Despite the clear warnings, daycare workers gave the boy a chocolate chip cookie that contained his known allergens. As soon as the child ingested the cookie, he began experiencing symptoms of anaphylaxis. Despite the child’s symptoms, the daycare failed to attempt to administer Benadryl or the EpiPen provided by the child’s mother as instructed in his emergency allergy care plan. Adding to the seriousness of the situation, the daycare center did not even bother to notify the child’s parents of his exposure to multiple known allergens.

When she arrived to pick up her son at the end of the day, the mother immediately noticed her child’s difficulty breathing, puffy eyes, and pale skin. She quickly administered Benadryl and multiple breathing treatments; then she rushed him to an urgent care facility as he vomited.

Daycare Center in Keller, Texas, Caused Child’s Severe Allergic Reaction

There were no excuses for the daycare’s negligence in providing a cookie with known allergens to the young boy. The staff failed to follow the proper care protocol and failed to notify the parents of the incident. The parents had fully disclosed all known allergens to the daycare and provided a specific emergency care plan signed by a physician in the event of an allergic reaction. They also ensured that the classroom contained warnings only to provide the child with snacks from his home. The packaging of the chocolate chip cookie clearly indicated the presence of the child’s disclosed allergens. After the young boy’s parents did all they could to protect their child, they relied on the daycare center to follow instructions and ensure the health and safety of their child while he was in their care. Despite everything the parents did, the facility failed to follow specific instructions and threatened the health and safety of the young boy from Keller, Texas.

A Track Record of Violating the Law

The state of Texas and the Department of Family and Protective Services sets minimum standards for childcare care facilities in Texas. The minimum standards are intended to ensure that daycare centers provide a safe environment and protect children while under their care. It is not uncommon for a daycare provider to have a minor infraction over several years. However, an investigation by the daycare injury attorneys of The Button Law Firm revealed that the Keller daycare had been cited at least 27 times over a four-year period. The multiple violations included failing to report and notify parents of serious incidents, hiring unqualified and untrained employees, neglecting to supervise employees, and failing to properly supervise children. Shockingly, the investigation revealed that there were at least three incidents where a child was served food with known allergens.

Severe Allergic Reaction Incident Was No Outlier

The severe allergic reaction was not an outlier at the Keller daycare center. Rather, the long history of the facility’s failure to follow the law led to the incident that resulted in the young boy’s mother having to rush her child to an urgent care facility while he was experiencing anaphylaxis and vomiting.

The daycare’s negligent care and improper emergency response caused the young boy to suffer through a severe allergic reaction that left him no only unable to breathe, he also experienced a high degree of stress, suffered the emotional trauma of being unable to eat for fear of having an allergic reaction, and experienced the ensuing behavioral changes from being unable to maintain proper nutrition. All of this was easily avoidable if caregivers had just paid attention to the child’s known allergens and emergency care plan.

Let The Button Law Firm Fight for Your Family

The Dallas-area daycare injury attorneys at The Button Law Firm investigate and hold negligent daycare facilities accountable. With the expensive cost of child daycare, parents expect their child’s daycare center to provide a safe environment and proper care. When daycare centers fail to meet the state’s minimum safety standards and endanger children, The Button Law Firm stands up to the negligent daycare’s profit-driven management and legal teams.

If you believe your child was injured or harmed while in daycare, contact the Dallas daycare injury attorneys at The Button Law Firm. Our attorneys will use all available resources to investigate and hold negligent daycare centers accountable for negligent actions. Our attorneys are recognized on the prestigious Texas Super Lawyers list, and we can help guide you through a traumatic daycare injury 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.