Wrongful death of a child at daycare due to improper sleep practicesBecause of negligence and unsafe sleep practices, a 2-month-old baby died while in the care of an at-home daycare in April 2023. The caregiver placed the female infant in a makeshift crib for an afternoon nap. When she went to check on the baby two hours later, she discovered the child was not breathing. The caregiver immediately contacted emergency medical services, but their attempts to resuscitate the baby were unsuccessful.

Our compassionate and experienced Texas child injury lawyers at The Button Law Firm got involved in this heartbreaking case and fought to get justice for the grieving family. Our legal team secured a settlement that held the sitter accountable for her negligence that led to the infant’s untimely death.

The Importance of Safe Sleep Practices for Infants

The loss of a young child is tragic, but knowing there were steps that would have prevented their death makes it even more painful for the parents left behind. 

Sleep-related deaths for babies, such as sudden infant death syndrome (SIDS), are common. So common, in fact, the caregiver should have been familiar with basic safe sleep practices, as outlined by many credible organizations like the American Academy of Pediatrics (AAP). Texas also has minimum standards, the safety requirements that daycare centers and other childcare providers are supposed to follow to protect little ones. These regulations include:

  • Infants sleep on their backs on a flat, level surface. If they have fallen asleep on an incline, such as in a car seat, stroller, infant swing, or carrier, they should be moved to a crib.
  • Caregivers should not place anything in the crib with the child, especially anything soft, like a blanket or a toy.
  • Proper swaddling techniques are key to safe sleeping and greatly reducing suffocation risks.

However, the caregiver in San Angelo was negligent and did not comply with safe sleep practices. An investigation revealed that:

  • The caregiver placed the little girl on her stomach to nap.
  • The baby girl was put in a crib with folded blankets as a makeshift mattress instead of an FDA-approved crib mattress.
  • There were loose articles of clothing, including a pair of socks, in the crib with the baby girl.

Getting Justice for a Grieving Family in San Angelo

As a result of the caregivers’ failures, the baby girl sadly lost her life. The legal term for a tragic event like this is the wrongful death of a child.

The immense loss was understandably hard on the infant’s parents, who were left devastated, as the joy of their daughter vanished and can never be replaced. They suffered from heartbreak and depression, mourning the precious milestones they would never get to experience with their daughter. From sitting up and rolling over to hearing their daughter’s first words, all of that was taken from them when the caregiver chose not to follow safe sleep practices.

Our child injury lawyers fought to get justice for this grieving family in San Angelo. The settlement secured by our legal team held the sitter accountable for taking the life of this beloved child, and it covered damages like psychological trauma and medical and funeral expenses that come with such an incredible loss. While the settlement will not bring back their daughter, it provided the peace of mind that allowed the family to memorialize their daughter and move forward.

Hold a Daycare Center or Baby Sitter Accountable for Your Child’s Untimely Death

We understand that the loss of a child, especially under preventable circumstances, is an incredibly challenging experience for parents. At The Button Law Firm, our empathetic team of daycare injury lawyers in Texas is here to support you during this difficult time. We have worked closely with grieving parents and understand the emotional toll that such a situation can take.

Navigating legal complexities is the last thing you should have to worry about while grieving the loss of your child. Our experienced legal team is here to provide compassionate guidance and help ease the burden on you during this challenging time. If you suspect that your child’s passing under the watch of a caregiver was caused by negligence, reach out to us for a free case evaluation by calling 214-699-4409, emailing us at [email protected], or filling out the contact form below.

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.