Posted on Aug 26, 2024

Vape penKILGORE, Texas - According to the article from the Kilgore News Herald, a mother from North Texas has filed a lawsuit against Bright Horizons at Legacy daycare in Plano, Texas, after her 20-month-old daughter was poisoned by drugs in a vape pen. The lawsuit, filed by The Button Law Firm, accuses the daycare of failing to follow Texas daycare laws, which are in place to protect young children.

Negligence at Bright Horizons at Legacy

As reported by the Kilgore News Herald, on her daughter's first day at Bright Horizons at Legacy, Jocelyn Carter discovered that her child had been exposed to a dangerous substance. A caregiver at the daycare saw the toddler holding a pink vape pen, with smoke visibly emanating from her mouth and nose. Despite the obvious danger, the daycare center failed to provide immediate medical care or inform Carter or the authorities, which is what Texas law requires. As a result of this negligence, the toddler suffered swollen, red, and puffy eyes and cheeks and developed a persistent cough that led to vomiting.

How the Daycare Attempted to Cover Up the Incident

The article from the Kilgore News Herald further details how the daycare attempted to conceal the incident. When Carter questioned the daycare about her daughter’s inflamed face, a worker claimed the child was just "a good sleeper." The daycare withheld the truth from Carter for eight days, only revealing what happened after persistent questioning. The lawsuit also claims that after discovering the vape pen in the child’s hand, a caregiver confiscated it but did not report the incident, fearing potential trouble due to a lack of proper reporting knowledge.

Investigations Confirm Serious Failures

As noted by the Kilgore News Herald, Carter promptly involved the Plano Police Department, whose investigation revealed that her daughter could have inhaled up to 40 mg of nicotine from a Lost Mary model OS5000 disposable vape pen. This level of exposure could be fatal, especially in young children, according to the Texas Poison Center Network.

Further investigations by the Texas Health and Human Services Child-Care Licensing Division and the Texas Department of Family and Protective Services corroborated Carter’s claims, citing Bright Horizons at Legacy for neglectful supervision and failure to fulfill the responsibilities of a mandatory reporter of suspected child abuse and neglect.

The Button Law Firm Advocates for Accountability

The article highlights The Button Law Firm’s involvement in the case, with daycare injury lawyer Russell Button leading the charge. " Negligent practices at Bright Horizons at Legacy failed this family by endangering an innocent toddler's life," Button is quoted in the Kilgore News Herald. He emphasized that parents trust daycare centers to provide safe environments, but Bright Horizons at Legacy failed, resulting in significant harm to a young child.

Legal Battle in Collin County

According to the Kilgore News Herald, the lawsuit filed by The Button Law Firm is now proceeding in the District Court of Collin County, Texas. This case underscores the vital need for accountability in daycare centers, particularly when the safety of young children is at stake.

About The Button Law Firm

The Button Law Firm, a Texas-based personal injury law firm, is dedicated to advocating for children and their families through meaningful litigation. With a focus on daycare and childcare injuries, such as abuse and neglect cases, bottle warmer burnstraumatic brain injuries, and catastrophic injuriesour team strives to make local communities safer. With a presence in Dallas, Houston, and Midland, The Button Law Firm is committed to helping families move forward across the Lone Star State.

Contact The Button Law Firm After a Daycare Injury

To contact the daycare and childcare injury lawyers at The Button Law Firm after a daycare incident, call us at (214) 699-4409 or fill 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
Connect with me
Dallas, Houston, and Midland Texas trial and personal injury lawyer dedicated to securing justice for clients.