Posted on Aug 05, 2024

Vape pensDALLAS, Texas - WFAA has featured a concerning story about a North Texas family suing a Plano daycare after a parent claimed that her 20-month-old daughter was exposed to a caretaker’s vape pen on her very first day at the daycare. Russell Button, the family’s attorney, shared the distressing details with WFAA, revealing the events that unfolded and the legal steps to hold the daycare accountable. Our team at The Button Law Firm, known for our focus on daycare and childcare injury cases, represents the family in this critical legal battle.

Alarming Symptoms and Initial Dismissal by Bright Horizons Daycare

According to the WFAA feature, the incident occurred in late January at Bright Horizons at Legacy in Plano. The mother, Jocelyn Carter, reported that her daughter came home with red eyes and a puffy face and later exhibited symptoms such as congestion and vomiting. Despite the alarming signs, the daycare initially dismissed her concerns, assuring her that nothing had happened. The workers reportedly laughed off her worries, calling her daughter a “good sleeper.” However, Carter could not shake the feeling that something was wrong.

Plano Daycare Admits to Vape Pen Incident After Eight Days

Eight days later, the daycare admitted that the toddler had indeed managed to get her hands on a vape pen belonging to an employee. Another caretaker witnessed the child holding the vape pen with smoke coming out of her mouth. Russell Button, BLF’s founder and one of the attorneys working on the case, emphasized the severity of the situation, stating, “This could have been fatal; we’re very fortunate that it wasn’t. We expect them to make it right for this family.”

Delayed Investigation and Health Concerns Following Vape Pen Exposure

The family took the child to the hospital multiple times due to the exposure, worrying about potential long-lasting effects. The Texas Department of Family and Protective Services (DFPS), Texas Health and Human Services (THHS), and Plano Police all conducted investigations into the incident. However, according to the WFAA feature, Plano Police reported that no trace amounts of drugs were detected in the child’s system. Russell Button pointed out that the test was taken too late due to the daycare's delayed report, complicating the investigation. The test was facilitated by CPS and taken on February 22, one month after the incident.

Bright Horizons Daycare’s Regulatory Violations and Inspection History

The WFAA feature also highlighted that Bright Horizons had recorded four citations this January, some related to this incident, according to the Texas Health and Human Services Department. Additionally, there were four other citations from 2019, including violations labeled “Ensure No Child Abused, Neglected, or Exploited” and “Report Suspected Child Abuse, Neglect or Exploitation.” The daycare’s last recorded inspection was in May 2024.

Jocelyn Carter expressed her frustration and betrayal in a written response to WFAA: "Our trust is broken from this experience, and we still have a long path to recovery.” The family’s lawsuit seeks to hold Bright Horizons accountable for its negligence and ensure that such incidents do not happen again. As Russell Button noted, “We’ve gotten more drugging and daycare cases in the last two years than I ever thought we’d handle. So, it’s a big deal.”

The Button Law Firm’s Advocacy for Child Safety and Justice

We at The Button Law Firm are committed to advocating for the rights of children and their families. This case underscores the critical importance of safety and vigilance in daycare environments. By pursuing this lawsuit, we aim to bring attention to the need for stricter regulations and more rigorous training for daycare staff to prevent such incidents. The safety and well-being of our children are paramount, and we will continue to fight for justice on behalf of families affected by daycare negligence.

Ongoing Case Developments and Updates from Our Team

As this case progresses, our team will remain vigilant in monitoring developments and providing updates. By highlighting this case, we hope we can contribute to a broader effort to improve safety protocols and prevent future tragedies in daycare and preschool settings.

To contact The Button Law Firm after a daycare incident, individuals can call (214) 699-4409 or fill out this contact form. You can also start 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. Don’t hesitate to contact us—we’re here to keep you moving forward.

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