An in-depth study published in the American Academy of Pediatrics (AAP) in 2021 cited that children under the age of 2 are most likely to pass away from taking over-the-counter cold and cough medications, including overdose incidents at Texas daycare centers. In fact, 40 children were killed by these over-the-counter medications, according to the study.
Sadly, our Texas daycare injury lawyers are no strangers to incidents where a child is wrongfully killed at a daycare because of a medication overdose. When a child passes away because of an incident that could have been prevented, like a drugging or medication overdose at a Texas daycare, it is called wrongful death. A parent is not supposed to lose a child. While we can’t begin to imagine the pain and range of emotions that you are experiencing, our compassionate legal team is here to help you fight to hold the daycare accountable for your child’s death—and potentially save other children from experiencing the same fate. Contact us at 214-699-4409 or fill out a contact form for a free consultation.
How Do Children Overdose on Medication at Texas Daycare Centers?
In a single year, 235 children in Texas daycare centers were hospitalized due to poisonings caused by medications or drugs, according to a report from the Texas Department of Human and Health Services. Deadly medication overdoses at daycare centers in Texas can happen in a few scenarios.
The most common medication that can cause an overdose is Benadryl. In high doses, this medication can cause drowsiness, confusion, and even seizures in young children. The AAP found that 55% of children killed from medication overdoses were killed by Benadryl and drugs like it, given to the children for a reason other than what was intended on the drug’s label.
We have seen this happen firsthand to a family after unqualified workers were caught giving toddlers in their care Benadryl to make them sleepy and easier to manage. This was particularly dangerous because the medication explicitly said it was not approved for children under 5 or for the purpose of a sleep aid.
While the state of Texas has strict rules to protect children them from being drugged or improperly medicated at a daycare center (for example, daycare workers must get permission from a parent before giving a child any type of medication, whether it is an over-the-counter pain reliever like Tylenol or a medication prescribed by the child’s doctor), workers can give children the wrong medication or the wrong doses of a medication with fatal consequences. The AAP study cited that in 15% of the deaths, the children were given a cough or cold medication for the intended purpose, but most likely the dosage was too strong for their small bodies. Some powerful prescription drugs that contain opioids can cause fatal respiratory depression when the wrong amounts are ingested by children.
Lastly, children can get their hands on illegal or controlled substances that unqualified workers bring into daycares, including opioids, stimulants, and THC, the psychedelic chemical that is found in marijuana. These drugs can cause heart failure and seizures that lead to a child’s death. Sadly, these incidents have become too common in negligent Texas daycares that are desperate for workers, some of whom may be unqualified or improperly trained. In fact, we helped a family get justice after multiple toddlers were exposed to THC when they ate a bag of THC gummy candies that an unqualified worker brought into the childcare facility.
All these incidents can be prevented when Texas daycare centers are responsible and follow the state’s minimum standards. No child deserves to die because of a daycare’s negligence.
Can I File a Lawsuit After My Child Is Killed at a Texas Daycare?
When a child is wrongfully killed at a Texas daycare, including an incident involving a preventable overdose of a medication or illegal drug, the family has a right to file a lawsuit to hold the daycare and relevant caregivers accountable and seek compensation, also known as damages. While we can’t bring your child back, we can help you honor their legacy and protect other children from experiencing the same fate, so your child did not die in vain.
Parents may be eligible for compensation to cover:
- Emotional damages such as pain and suffering
- Funeral expenses
- Lost wages from missing work to grieve the loss of a child
- Medical expenses incurred prior to a child passing away
- Mental anguish
- The loss of affection, love, and companionship that results from a child’s injury, also known as filial consortium
- Other unexpected costly fees
Families have two years from the date of the daycare overdose incident to file a claim. There are some exceptions to this time limit, so contact our knowledgeable child wrongful death attorneys and we can determine how the legal statutes impact your case.
Schedule a Free Consultation with Our Texas Daycare Injury Lawyers
Our team of experienced and compassionate Texas daycare injury attorneys at The Button Law Firm is dedicated to advocating for you and your family if your child is wrongfully killed due to a medication overdose at a daycare center or childcare facility. With attorneys in Dallas, Houston, and Midland, we are ready to listen, fight for your family, and help you after the unthinkable occurs. 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 for a free consultation.