Posted on May 03, 2023

Small child eating peanutsWATAUGA, TEXAS – A Tarrant County family is being represented by the Dallas Daycare Injury Lawyers at The Button Law Firm in a lawsuit against Discover Me Montessori. The lawsuit was filed for their two-and-a-half-year-old child, who suffered a severe allergic reaction and went into anaphylactic shock after eating a snack containing peanuts at school. The incident happened in July of 2022.

What Went Wrong at This Watauga Daycare?

Although the parents notified the school of the child’s allergies, the lawsuit claims that the daycare did not properly communicate the child’s allergies to her caregivers, nor did they follow the state of Texas’ mandated emergency plan for allergic reactions at childcare facilities.

What’s more, after the child was fed the snack containing peanuts and started displaying symptoms of a severe allergic reaction, the caregivers waited to contact an ambulance, notifying the girl’s parents of the reaction first. It’s imperative that medical treatment is sought immediately, as every second counts in an allergic reaction.

Additionally, the caregivers found an EpiPen in the young girl’s backpack, but they didn’t properly administer the medication to the child; according to the lawsuit, the owners and directors at Discover Me Montessori failed to properly train caregivers or give instructions on how to administer the life-saving medication like the Epi-Pen. This training is required by the state.

The school marketed its teachers as highly qualified; however, an investigation conducted by the Texas Health and Human Services and the Texas Department of Family Protective Services verified allegations that the school seriously violated several of the state’s minimum standards and licensing regulations, including inadequate caregiver training, incomplete background checks, and lack of caregiver access to important records.

To read the whole petition, click here.

How is The Button Law Firm Helping This North Texas Family?

When discussing the incident, the child injury attorney who represents the family, Russell Button, said, “Prevention is key when it comes to severe food allergies and children, which is why the state of Texas has strict rules in place to protect them. This girl would not have experienced dangerous anaphylaxis if Discover Me Montessori had followed all of the requirements. It is scary to think that the outcome could have been much different for this family.”

What to Do If Your Child Suffered from an Allergic Reaction at a Texas Daycare

If your child’s school or daycare was negligent in caring for your child’s severe allergy, and your child suffered an allergic reaction, be sure to follow these very important steps.

  1. Seek Immediate Medical Attention – If the school has not yet sought emergency medical attention, take your child to the nearest emergency room. When it comes to allergic reactions, time is of the essence, and the sooner you can get treatment, the better.
  2. Report It to the State – After you have gotten medical attention for your child, report the incident to the state. It’s imperative that the state agencies who oversee licensing for daycares are notified of the incident to conduct a thorough investigation of the daycare.
  3. Keep All and Any Records – Keep all records of what happened to your child. This can include things like video footage, what the daycare workers told you, what was fed to your child, and anything you saw.
  4. Contact a Daycare Injury Attorney – This step can help you get started on pursuing justice for what happened to your child. Schools and daycares have the tools to prevent this very incident from happening – it is 100% preventable. When it does happen, that means directors and owners of the schools are not taking safety seriously. Be sure to contact an attorney to learn what your options are for holding the school or daycare accountable.

How to Contact Our Child Injury Attorneys at The Button Law Firm

Our child injury legal team is always here to help families get justice after their child was seriously injured. To get in contact with us, be sure to call (214)699-4409 or fill out the contact form. You can also start a chat to get in touch with a member of our team.

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