BRAZORIA COUNTY, Texas - According to an article from The Facts, a Brazoria County publication, a mother in North Texas has filed a lawsuit against Bright Horizons at Legacy, a daycare center in Plano. The Button Law Firm represents the mother, Jocelyn Carter, who shares that her 20-month-old daughter was exposed to drugs through a vape pen on her first day at the daycare in January.
The lawsuit details that a caregiver at Bright Horizons at Legacy noticed the child holding a pink vape pen and saw smoke coming from her mouth and nose, indicating she had inhaled from the device. Despite the gravity of the situation, the daycare center failed to seek immediate medical attention or report the incident to the child’s mother or the authorities, as mandated by Texas daycare regulations.
Further Details About the Incident and the Lawsuit
According to the article from The Facts, the lawsuit details the daycare center's negligence. Carter recounts how, upon picking up her daughter and noticing the child’s inflamed face, she was told by a worker that her daughter was "a good sleeper." It was not until eight days later that Carter was informed about the incident.
The complaint also reveals that a caregiver who witnessed the event took the vape pen from the child and, after confronting another caregiver, pocketed the device without reporting the incident. This failure to report was due to the caregiver claiming she didn’t have knowledge of how to handle such situations and fear of potential repercussions.
Negligence and Immediate Health Consequences
The daycare center’s failure to act quickly led to severe health issues for Carter’s daughter, who developed swollen, red, and puffy eyes and cheeks and a persistent cough that resulted in vomiting.
"I am furious that Bright Horizons at Legacy knew my daughter could be poisoned by drugs in a vape pen, but they chose to do nothing and remained silent," Carter expressed. "My daughter is my world. I don't want to imagine what might have happened if I hadn't rushed her to a doctor as soon as I sensed something was off."
Investigations and Findings by the Authorities
Following the incident, Carter involved the Plano Police Department in the matter. Their investigation uncovered that the toddler could have inhaled up to 40 mg of nicotine from a Lost Mary model OS5000 disposable electronic vape pen. This amount could be fatal to a young child.
In addition to the police inquiry, the Texas Health and Human Services Child-Care Licensing Division and the Texas Department of Family and Protective Services conducted separate investigations. Both agencies substantiated Carter’s claims, citing Bright Horizons at Legacy for negligent supervision and failing to fulfill the duties of a mandatory reporter for suspected child abuse and neglect.
Legal Action by The Button Law Firm
The lawsuit filed by our team at The Button Law Firm aims to hold the daycare center accountable for its failures. "Negligent practices at Bright Horizons at Legacy failed this family by endangering an innocent toddler's life," said Russell Button, a daycare injury lawyer from The Button Law Firm. "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."
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 burns, traumatic brain injuries, and catastrophic injuries, our 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.
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