Thanks to BLF, Waxahachie Daycare Held Liable After EpiPen Mishap

A 4-year-old boy suffered serious health issues, including shortness of breath and an irregular heartbeat, when he was able to inject himself with another child’s EpiPen at a daycare center in Waxahachie, Texas. Despite three caregivers and the center’s assistant director being present in the classroom, none of them closely watched the children, including the young boy in this case.

Unsupervised, the boy and his classmates were able to empty the backpack of another child in the class who had severe allergies. The boy discovered the EpiPen on the classroom floor, thought it was a “special marker,” and attempted to use it to color on his hand. In doing so, the boy injected himself with the strong medication that was not prescribed to him.

Shockingly, the daycare center’s assistant director panicked and did not properly respond once it was discovered that the boy had used the EpiPen on himself. The boy’s mother had to instruct her to call emergency medical services so that her son’s symptoms could be urgently treated.

The boy’s mother contacted our experienced North Texas daycare injury lawyers at The Button Law Firm to hold the daycare center accountable for its supervision failures and the center’s reaction to the incident that endangered her son’s life. Our legal team fought to secure a life-changing result to help the boy and his mother heal and move forward.

How Did the Waxahachie Daycare Center Break the Law and Endanger a Boy? 

All licensed daycare centers in Texas are required to follow childcare laws, also known as minimum standards. These standards mandate safety practices at daycare centers to prevent dangerous incidents and child injuries, including proper supervision. Per the minimum standards, caregivers are required to maintain auditory and visual awareness of each child they are responsible for. That did not happen in this case since the 4-year-old boy and his classmates were able to access a child’s backpack, dump the contents onto the floor, and access the EpiPen without anyone noticing or intervening.

Also, all daycare workers, including caregivers and management teams, should know how to properly respond in the event of an emergency at a local daycare, especially medical emergencies. In this case, the assistant director panicked, and the young boy’s mother had to direct her to call 911.

It was later discovered that no one at the Waxahachie daycare center knew a child in the boy’s class was diagnosed with severe allergies. An investigation into the incident conducted by Texas Health and Human Services Commission Child-Care Licensing Division and the Texas Department of Family and Protective Services found the daycare center did not review the enrollment paperwork and signed allergy plan, which included the use of an EpiPen in the event of a reaction for a child in the boy’s class. Thus, the caregivers did not properly store the child’s EpiPen in a place inaccessible to little hands.

The findings of the state investigation cited the daycare center for four violations that led to the young boy’s medication mishap at the daycare center, which was entirely preventable.

How Did The Button Law Firm Get Justice for This Texas Family?

The 4-year-old boy suffered serious health consequences because of the medication in the EpiPen that was not prescribed to him. Shortly after taking the unapproved medicine, he had high blood pressure, turned pale, experienced shortness of breath, and an irregular heartbeat. His serious health conditions kept him in the hospital with continuous monitoring for 24 hours to ensure that he did not experience any additional complications.

The incident at the daycare center and his subsequent emergency treatment traumatized the young boy and caused significant emotional and physical distress. He developed anxiety and an intense fear of being left alone. His sleep patterns were also disrupted, with him waking up screaming and crying throughout the night.

The incident at the Waxahachie daycare center also had a negative impact on the boy’s behavior. He became aggressive and threw frequent tantrums, including screaming, crying, and constant whining. His newly developed anxiety even interfered with his bathroom habits. Potty trained before the incident, he refused to use the restroom when needed, and would have nightly accidents after the EpiPen injection.

The 4-year-old boy also grew distrusting of adults and begged his parents to let him stay home from his new daycare.

Our experienced Texas daycare injury lawyers fought to get answers from the Waxahachie daycare center for violating the minimum standards that led to the boy’s injuries. We got justice by securing a life-changing result that compensated the family for the boy’s medical bills and the necessary resources to help the boy move forward.

Helping Texas Families After Daycare Incidents That Harmed Children

Our daycare injury lawyers at The Button Law Firm have helped several families across Texas get justice after a child was harmed at a daycare center. If your child was hurt at a daycare center, we have created several resources to answer common questions, including:

• How Do I File a Lawsuit After My Child Was Injured at a Daycare Center?
• Can I Take My Child Back to the Daycare Center Where They Were Injured?
• What Are My Rights as a Parent If My Child Was Hurt at a Daycare Center in Texas?

If Your Child Was Harmed Because of Poor Supervision at a Daycare Center, Contact The Button Law Firm.

If your child was seriously harmed or traumatized because of negligent supervision at a daycare center anywhere in Texas, contact our experienced daycare injury lawyers at The Button Law Firm. With lawyers in Dallas, Houston, and Midland, we are ready to listen, fight for your family, and help your family move forward. Our lawyers 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, email us at [email protected], or fill out a contact form for a free case evaluation.