Children drugged with Benadryl at daycare in TexasOur Texas daycare injury lawyers have experienced a spike in the number of families reaching out to us about children who are being given Benadryl and other sleep medications at daycare centers across the state. For example, we recently helped a family in Abilene get justice after unqualified caregivers gave a 2-year-old girl an over-the-counter drug on two known occasions to make her drowsy at naptime or whenever she would get fussy. Under Texas laws, occurrences like this are considered drugging incidents.

Our Texas daycare injury lawyers at The Button Law Firm are educating Texas parents about daycare drugging incidents involving Benadryl, including why they are dangerous and what you can do if you suspect that your child is being given Benadryl for unapproved reasons at a daycare center anywhere across the Lone Star State.

Why Is Giving a Child Benadryl at a Daycare Center in Texas So Dangerous?

When a parent isn’t aware of medications like Benadryl given to their child, the situation can turn dangerous. In a single year, 235 children in Texas daycare centers were hospitalized due to poisonings caused by medications, according to a report from the Texas Department of Human and Health Services.

A child can experience: 

  • Brain injury from a medication overdose
  • Cardiac arrest
  • Organ damage
  • Severe allergic reaction to an ingredient in the unauthorized medicine, such as going into anaphylactic shock or experiencing a seizure

In rare cases, a child’s extreme sensitivity to a medication like Benadryl or an overdose of the medication at a daycare center can lead to a tragic fatality. A 2021 study published in the American Academy of Pediatrics (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.

What Do Texas Laws Say About Daycare Centers Giving Children Over-the-counter Medication?

Daycare centers in Texas are required to follow childcare laws, also known as minimum standards. These comprehensive regulations include medicating a child, whether it be a drug prescribed by the child’s doctor or an over-the-counter medication like Benadryl. No matter the medication, daycare centers in Texas must get permission from a parent before administering any medicine, including Benadryl. 

When it comes to giving a child an approved medication, Texas’ minimum daycare standards require childcare facilities to:

  • Administer medication as stated on the label directions or as amended in writing by the child’s doctor
  • Get parental permission before giving a child any medication, whether it be an over-the-counter medicine like Benadryl or a medication prescribed by the child’s doctor
  • Keep a record of all medication administered to a child
  • Immediately notify parents of any situation that places a child at risk
  • Not force a child to sleep

Daycare centers in Texas must ensure all caregivers are trained and knowledgeable about these important rules, including protocols to administer only parent-approved medications in the correct doses.

How Can I Tell if My Child Was Given Benadryl at a Texas Daycare Center?

Behaviors and changes in a child’s demeanor are the key indicators that a child has been given unapproved drugs like Benadryl at a local daycare center. The most common behavioral signs that parents in Texas should watch for include:

  • Changes in sleep patterns and behaviors like frequent nightmares and bed-wetting
  • Difficulty concentrating
  • Frequent temper tantrums and outbursts
  • Regressions in developmental milestones
  • Signs of anxiety or depression
  • Social anxiety, such as no longer wanting to play with friends

Read this article to learn more about the signs to watch for if you suspect your child is being drugged with unapproved Benadryl at a daycare center in Texas.

What Should I Do If I Learn or Suspect My Child Was Given Benadryl at a Daycare Center?

If you suspect your child’s daycare center has been giving your child Benadryl without your permission, follow these five steps:

  1. Seek medical attention for your child at a local children’s hospital or emergency room, as every minute counts when a child is experiencing an overdose or having a severe reaction to Benadryl. You’ll want your child to be properly evaluated and ensure their body’s response to the drug does not turn fatal.
  2. Report the incident to the state. You can report allegations of daycare neglect in Texas, such as administering Benadryl for unapproved reasons, to the Texas Department of Family and Protective Services (DFPS) by calling the Texas Abuse Hotline at 800-252-5400 or submit a report online at
  3. Document information regarding your child’s symptoms or response to Benadryl that was incorrectly administered at the daycare center. Keep track of all correspondence from the childcare facility and its workers. Screenshot text messages and emails discussing the incident, take pictures or make copies of any letters from the daycare or its workers, and make detailed notes of any phone calls with the daycare as they occur. While it may be overwhelming to remember these steps when you are more concerned about your child’s well-being, keeping a file of correspondence can benefit your family’s legal case to hold the daycare accountable for your child’s drugging.
  4. Inform yourself and investigate. Talk to the daycare center’s employees and administrators to find out as much information as possible about the incident that led to your child being given Benadryl. Also, speak with other parents to see if other children at the daycare center have had similar experiences.
  5. Contact our experienced Texas daycare injury lawyers by calling 214-699-4409 or emailing [email protected]. An overdose or reaction to Benadryl can result in significant physical and emotional trauma for your child. In fact, your family may be eligible for compensation to cover your child’s medical expenses, therapy and other helpful resources, and pain and suffering. We are ready to listen and advise your family on the best approach to hold the daycare accountable and get justice for your child’s traumatic experience and injuries. However, there is a two-year time limit for filing a personal injury claim, so reach out to our team sooner than later.

In the event your child is poisoned or experiences a fatal overdose of Benadryl at a Texas daycare center, your family may be eligible for compensation for funeral and medical expenses, emotional damages, and more with a wrongful death of a child at daycare lawsuit.

Get Help After Your Child Was Given Benadryl at a Daycare Center in Texas

Our experienced Texas daycare injury lawyers at The Button Law Firm are dedicated to advocating for you and your family if your child was given Benadryl for unapproved reasons while in the care of a childcare facility anywhere in Texas. We are ready to listen and fight for your family to get justice and help you move forward. Our legal team at The Button Law Firm is 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. Get a free case evaluation by calling us at 214-699-4409, emailing us at [email protected], or filling out a contact form.

Russell Button
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Dallas, Houston, and Midland Texas trial and personal injury lawyer dedicated to securing justice for clients.