Posted on May 21, 2024

LebatoNEW BRAUNFELS, Texas — The Button Law Firm is representing Texas mother Karina Lebato in a lawsuit against Children’s Courtyard daycare center in New Braunfels. The lawsuit claims that the daycare’s negligence led to her 3-year-old son suffering a febrile seizure in April 2022. According to the Texas mom, the daycare staff failed to properly monitor her child’s health and neglected to inform her about his deteriorating condition, which is a violation of state childcare laws.

Further Details About the Central Texas Lawsuit

Lebato’s lawsuit details that staff at the daycare on Hunters Village Drive did not use a thermometer to check her son’s temperature, relying instead on using their arm. This negligence resulted in the failure to detect a severe fever. When Lebato arrived to pick up her son, she noticed his alarming condition—his skin and eyes were red, and he was hot to the touch. While rushing him to an urgent care center, her son began seizing and lost consciousness. Medical professionals later confirmed he had a fever of 103.5 degrees, which triggered the seizure and loss of consciousness.

To read more about the incident in the filed complaint, click here.

A Pattern of Negligence at Children’s Courtyard

This incident was not an isolated one. The lawsuit also cites previous neglect in June 2020, when Lebato’s son was left unsupervised on the playground for an undisclosed amount of time. When parents came to pick up their children, they found him alone and crying by the gate. The daycare staff failed to notice his absence from the classroom and could not determine how long he had been unsupervised.

Following the 2020 incident, the Texas Health and Human Services Child-Care Licensing division cited Children’s Courtyard for failing to meet supervision standards. Despite the agency providing technical assistance to prevent further neglect, these measures proved ineffective when Lebato’s son fell ill in April 2022.

“Shame on Children’s Courtyard for repeatedly ignoring safety standards and putting my son’s life in danger,” said Lebato. “My 3-year-old and other children in our community deserve better. I want to ensure no other family experiences what Children’s Courtyard put our family through.”

A History of Daycare Violations and Deficiencies at Children’s Courtyard New Braunfels

Children’s Courtyard has been cited for 21 violations between December 2020 and December 2023. These violations include failures to complete required caregiver training, improper supervision, and not keeping hazardous items out of children’s reach. In September 2020, the daycare was also involved in a tragic incident where a 2-year-old child died at another New Braunfels location on South Walnut Avenue.

“Children’s Courtyard has displayed a pattern of failing Ms. Lebato and her young son by ignoring numerous daycare laws,” said Russell Button of The Button Law Firm, who is representing Lebato and her son. “We have zero tolerance when a daycare facility endangers the well-being of a child. Both traumatic incidents of neglect that this poor child experienced under the watch of Children’s Courtyard were easily preventable.”

About The Button Law Firm

The Button Law Firm is a Texas-based personal injury law firm dedicated to advocating for children and their families through impactful litigation aimed at making communities safer. Focusing on daycare and child-related injuries such as abuse, neglect, bottle warmer burns, traumatic brain injuries, and catastrophic injuries, our firm operates out of offices in Dallas, Houston, and Midland, providing support to families across the Lone Star State.

Contact The Button Law Firm if Your Child Suffered a Daycare Injury at a Texas Daycare

Our team at The Button Law Firm stands by families, advocating fiercely for their rights and seeking justice. In our unwavering commitment to holding negligent parties accountable, we strive to make communities safer for children across Texas and beyond. To learn more about how we have helped families move forward from daycare negligence and abuse, click here.

To contact The Button Law Firm after a daycare incident, individuals can reach out to our team by phone at (214) 699-4409 or by filling out this contact form. You can also reach us by starting a chat here. Our dedicated team is available 24/7 to provide free and confidential case evaluations to discuss the details of your child’s incident.

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