Child having an allergic reaction at daycareA Plano, Texas family thought they were doing everything right to protect their child. They thought they had found a safe child daycare center for their young boy during the workday. They completed the proper admission forms to ensure the daycare center was familiar with all of their child’s allergies and medical history, as well as relevant parental contact information. Importantly, the family made sure to detail their child’s severe allergy to nuts. However, what happened to this Plano family in June 2022 was every parent’s nightmare.

The family called upon the Dallas daycare injury attorneys at The Button Law Firm when they didn’t know what else to do. The Button Law Firm’s experienced daycare injury attorneys quickly guided the family through the legal process and obtained monetary compensation for the stress, emotional behavioral issues, and medical expenses that directly resulted from the daycare’s negligence.

Daycare’s Negligence Caused Serious Injuries to Young Boy

It seemed simple enough. A caregiver provided a trail mix snack, which contained nuts, to the young boy. However, once the child ate the trail mix snack, his body went into anaphylaxis. He became visibly distressed, crying and asking for water as his throat started closing. As his throat tightened, his breathing became labored. Hives formed across his chest.

Compounding the scary situation, the frantic daycare staff could not find the contact information for the boy’s parents. Daycare staff made multiple phone calls to an incorrect phone number that was written on a sheet of paper in the staff director’s office. The young boy was rushed to the nearest emergency room by ambulance without either of his parents’ knowledge. The young boy’s mother only learned of her son’s severe allergic reaction once she arrived at the daycare center to pick him up at the end of her workday. Upon her arrival, the mother was horrified to learn that her child was en route to the emergency room. A mother’s nightmare had come true.

Failure to Review Allergy Records and Follow Protocol

The young boy would not have suffered the severe allergic reaction if the daycare center had just followed protocol by properly supervising and training their staff and ensuring the staff was familiar with each child’s allergies and medical histories. In fact, the state of Texas’ minimum standards for child care facilities, set forth by the Texas Department of Family and Protective Services, requires a daycare center staff not provide foods to children that could cause an allergic reaction. Daycare facilities are instead supposed to provide proper training on preventing and responding to food allergy reactions, and they must maintain correct and easily accessible parent contact information in the event of an emergency.

Investigation Reveals Pattern of Improper Record Keeping and Staffing

An investigation of the incident conducted by the state of Texas revealed the caregiver supervising the young boy did not have a completed background check on file or letter of approved eligibility from the state allowing them to even be present at the location. Only after the state’s investigation did the caregiver complete a proper background check and get fingerprinted in compliance with the state of Texas’ minimum standards for child care facilities.

More surprisingly, the investigation revealed the true character of the caregiver and daycare center. The caregiver’s story changed throughout the investigation, there were denials of responsibility and trail mix ever being given to the child. And, there was even an attempt to blame another caregiver for giving trail mix to the young boy. In the end, the daycare center failed to keep the young boy safe by ensuring the child did not consume a known, life-threatening allergen. The daycare staff should have been familiar with the child’s disclosed allergies and medical history, known proper food allergy safety protocols, and informed the parents as soon as possible in the event of an emergency. Instead, the child’s mother learned that her child was on the way to the emergency room only after she arrived to pick him up.

With a severe medical incident involving a child, and the resulting state inspection, one would expect the daycare center to quickly fix any outstanding violations. Instead, the daycare center was issued additional citations by state authorities after a follow-up investigation. The daycare center still had not completed all background checks on its staff. It still had two caregivers without current pediatric CPR and first aid training. These are the types of daycare centers that our Texas daycare injury attorneys at The Button Law Firm hold accountable.

Holding a Plano, Texas Daycare Center Accountable

The Button Law Firm holds negligent daycare centers across the state of Texas accountable, just like we held the Plano daycare center in this case accountable. The Dallas daycare injury attorneys at The Button Law Firm promptly investigated the young boy’s case and were successful in obtaining a significant settlement because of the daycare’s negligence. The settlement provided the child’s family with monetary compensation for medical expenses, stress, and emotional trauma resulting from the incident.

Looking for a Safe Daycare Center in Plano, Texas? We Can Help.

Sadly, we have come across many unsafe and negligent daycare centers in our extensive child daycare injury law practice. We noticed common signs among daycare centers that tend to provide unsafe environments for children. To help parents avoid child injuries, The Button Law Firm created a free guide with tips for parents looking for safe daycare centers. This guide offers ways to spot the “bad” daycare centers and advice on how to prevent possible injuries. Our primary goal is to prevent children from being injured at daycare. However, if your child has been injured while at daycare, The Button Law Firm is here to help.

Discuss Your Child’s Daycare Injury with The Button Law Firm

If your child was injured, abused, or neglected at daycare, contact the knowledgeable and compassionate Dallas daycare injury attorneys as The Button Law Firm. Our attorneys will listen to you, fight for your family, and help hold the negligent child daycare center accountable. Let us see if we can get you compensation if your child was injured at daycare. Our attorneys at The Button Law Firm are recognized on the prestigious Texas Super Lawyers list. We work on contingency, meaning we don’t charge you or collect any upfront fees to discuss your case. Call us at 214-699-4409 or fill out a contact form below for a free consultation. We can help guide you if your child has been injured while at daycare.

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.