Posted on Aug 27, 2024

vape pen sitting on a tableLONGVIEW, Texas - According to the article from The Longview News-Journal, a Texas mother has filed a lawsuit against Bright Horizons at Legacy daycare in Plano, Texas, after her 20-month-old daughter was poisoned by drugs found in a vape pen. The lawsuit The Button Law Firm filed accuses the daycare center of gross negligence and failing to adhere to Texas daycare laws designed to protect young children.

Bright Horizons at Legacy Fails to Protect This Child's Safety

The article explains that on the child’s first day at the daycare, a caregiver noticed the toddler holding a pink vape pen, with smoke visibly coming from her mouth and nose. Despite the clear danger, the daycare center did not seek immediate medical attention or inform the child’s mother, Jocelyn Carter, or the authorities, as required by state law. The failure to act resulted in the toddler suffering from swollen, red, and puffy eyes and cheeks, as well as a persistent cough that led to vomiting. The incident also put the toddler at serious risk of injury or death due to the amount of nicotine that could’ve been in the vape pen.

Deceptive Practices Uncovered – Lawsuit Gives Disturbing Details

The lawsuit also reveals disturbing details about the daycare's response. As noted in the article from The Longview News-Journal, when Carter picked up her daughter and noticed her inflamed face, a Bright Horizons at Legacy worker dismissed the symptoms, telling Carter that her daughter was "a good sleeper." It wasn't until eight days later that the daycare admitted the truth—after much persistence from Carter.

The article goes on to mention that a caregiver had initially taken the vape pen from the toddler and confronted another worker, who then concealed the pen instead of reporting the incident. This was due to fear of potential trouble, as the caregiver was unaware of how to report such incidents properly.

Investigations Confirm Negligence

According to The Longview News-Journal, Carter immediately involved the Plano Police Department, whose investigation indicated that her daughter could have inhaled up to 40 mg of nicotine from a Lost Mary model OS5000 disposable electronic vape pen. The Texas Poison Center Network warns that even small amounts of nicotine can be fatal for young children.

Further investigations by the Texas Health and Human Services Child-Care Licensing Division and the Texas Department of Family and Protective Services substantiated Carter’s claims. The agencies cited Bright Horizons at Legacy for neglectful supervision and for failing to meet the mandatory reporting requirements for suspected child abuse and neglect.

How The Button Law Firm is Helping This North Texas Family

The article highlights that The Button Law Firm, known for its focus on daycare injury cases, represents Carter in this lawsuit. Russell Button, a daycare and childcare injury lawyer with the firm, emphasized the gravity of the situation, stating, "Negligent practices at Bright Horizons at Legacy failed this family by endangering an innocent toddler's life. Hard-working parents like Ms. Carter expect daycare centers to hire responsible caregivers and provide a safe environment. Bright Horizons at Legacy did neither, causing a little girl to suffer."

Legal Proceedings Underway

As reported by The Longview News-Journal, the lawsuit filed by The Button Law Firm is currently proceeding in the District Court of Collin County, Texas. The case brings to light the critical need for accountability in daycare settings, especially when the lives of vulnerable children are at stake.

Contacting The Button Law Firm After a Daycare Incident

Our team at The Button Law Firm stands by families affected by daycare negligence, 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.

After a daycare incident, you can contact the daycare and childcare injury lawyers at The Button Law Firm 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.