Our daycare injury lawyers at The Button Law Firm have already shared extensive information on the shocking increases in the number of children ingesting THC and being drugged at local daycare centers. Now, we issue a new warning for parents: vape pens at childcare facilities.
In December 2023, a 3-year-old child in Iowa was poisoned and tested positive for marijuana after a daycare worker left a vape pen containing marijuana accessible to children, according to an article in the Muscatine Journal. Another caregiver at a church daycare center in Tennessee let a toddler suck on a vaping device, according to 10 News. In South Dakota, an October 2023 report by Dakota News Now revealed two daycare centers in one county were cited for having vape pens in reach of a child.
These scary incidents involving vape pens or electronic cigarettes, devices that stimulate smoking nicotine or other substances by a mechanical heating element, can poison and potentially be fatal to children, according to the Texas Poison Center Network. That is why our legal team is spreading the word about these dangerous devices in local daycare centers.
Is it Safe for Daycare Caregivers to Vape Around Infants and Children?
When it first launched, vaping was thought to be a safe alternative to smoking cigarettes because the device did not emit tar. However, medical research and doctors have determined this is untrue, especially for children. A medical study published in the National Library of Medicine looked at the cases reported to Texas poison centers that involved little ones five years old and younger exposed to vape pens or electronic cigarettes. The analysis of Texas children found:
- 32% of children were one or younger
- 42% were two years old
A recent medical study published by the CDC found a 32% increase in e-cigarette or vape pen exposure among children younger than five years old from April 2022 to March 2023, with a majority being poisoned from nasal inhalation or oral ingestion.
Another serious risk related to vape pens is children ingesting the pods of liquid used to refill the device. The small size appeals to toddlers as it can look like a Lego or snack food.
Even when children are not sucking on a vape pen, the chemicals given off by secondhand smoke from vape pens are dangerous. Pediatricians told Parents magazine that the liquids in vape pens decompose to form the carcinogens formaldehyde and acetaldehyde. In addition, the flavoring offered in vape pens can contain metals like lead, nickel, and arsenic, irritating the lungs.
Lastly, according to one of the pediatricians interviewed in the article, it only takes half a teaspoon of nicotine exposure from a vape pen at a daycare center to turn into a fatal incident for a toddler or young child. Parents and daycare centers need to be vigilant about these dangerous devices and substances at childcare facilities.
What Are Common Symptoms of Vape Pen Ingestion or Exposure in Children?
Little ones exposed to vape pens at daycare centers may exhibit the following health issues:
- Choking
- Coughing
- Drowsiness
- Lethargy
- Vomiting
You can learn more about the symptoms of pediatric drugging incidents at daycare centers here.
How Are Young Children Accessing Vape Pens in Daycare Centers?
When seeking to hire workers, if daycare centers do not follow Texas daycare laws, also known as the minimum standards, little ones are at risk of being harmed by illegal and age-inappropriate substances such as vape pens.
Our daycare injury lawyers have seen the following common scenarios at negligent daycare centers when children can access vape pens:
- Caregivers lacking required training to provide a safe environment for children and being knowledgeable on how to care for them safely
- Not conducting checks to ensure the premises and all classrooms are clear of harmful, toxic substances like vape pens and illegal drugs
- Not completing background checks on workers before placing them with children
- Failing to properly supervise all caregivers throughout the day to ensure they are complying with the minimum standards
What Can I Do If My Child Accessed a Vape Pen at a Local Daycare Center in Texas?
If your child was able to access a vape pen at a daycare center anywhere in Texas, parents and legal guardians have the right to file a lawsuit to hold the daycare center and relevant caregivers accountable for negligence. Filing a lawsuit makes the facility responsible for endangering your child and allows parents to seek compensation, also known as damages. However, it must be filed within two years of the daycare incident.
Texas families may be compensated for the following damages in a daycare drugging or poisoning case:
- Emotional distress
- Medical expenses, including a child’s ongoing or future medical treatments and therapy
- Pain and suffering
If the unspeakable happens and your child passes away because of a severe medical reaction or poisoning due to nicotine or THC exposure from vape pens, our daycare injury lawyers will fight to help get justice for your family in a wrongful death of a child lawsuit.
How Can The Button Law Firm Help After My Child Accessed a Vape Pen at a Daycare Center?
Our experienced Texas daycare injury lawyers at The Button Law Firm are dedicated to advocating for you and your family if your child was poisoned or exposed to a vape pen while in the care of a childcare facility anywhere in the Lone Star State. 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.
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