Abilene Mom Sues Day Care, Claims 2-Year-Old Drugged with Benadryl Multiple Times

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Dec 19, 2022, 09:14 ET

Lawsuit brought by The Button Law Firm alleges medicine illegally administered to children

ABILENE, Texas, Dec. 19, 2022 /PRNewswire/ -- Maribel Sandoval, the mother of a 2-year-old girl in Abilene, is suing day care center Maw's Child Care, claiming the day care illegally gave Benadryl to her daughter on multiple occasions. The lawsuit contends that the day care director and workers administered the over-the-counter drug without parental consent in order to make the toddler and other children drowsy at nap time and whenever they would get fussy, therefore avoiding to properly take care of the children.

Under Texas laws, day cares must get parental permission before giving a child any type of medication, whether it be an over-the-counter medicine like Benadryl or a medication prescribed by the child's doctor. Sandoval claims she never gave the permission for the daycare to administer the drug to her daughter. According to the lawsuit, one caregiver witnessed the effects of Benadryl on Sandoval's daughter in July 2021, and law enforcement was made aware of the incident. Hair follicle testing confirmed the presence of the antihistamine diphenhydramine, also known as Benadryl, in the little girl's system.

"It is troubling that my daughter was given medication that could have killed her," says Sandoval. "The day care was supposed to watch her and keep her safe. This is a nightmare for any family with working parents."

No dose is listed for children under the age of 5 on the over-the-counter medication because of significant side effects, according to the lawsuit. In fact, a warning label on the medicine's packaging clearly states not to use the drug to make a child sleepy.

"It is downright dangerous of Maw's Child Care to put the lives of children at risk because the director and workers were too lazy to do their job," says Sandoval's attorney, Russell Button of The Button Law Firm. "We are thankful that Ms. Sandoval's daughter did not have a fatal reaction to the unapproved medication. We hope this lawsuit sends a message to negligent facilities like this one and alerts other parents to potential dangers at day care centers."

Public records show Maw's Child Care opened its doors in April 2021 and within three months received 29 citations and nine investigations, two of which were abuse and neglect investigations, by the Texas Health and Human Services Commission and the Texas Department of Family and Protective Services. Safety issues ranged from allowing employees to work with children before the day care received background check results to not meeting minimum standard worker-to-child ratios to improper supervision and failing to properly train employees. The State of Texas ultimately shut down the day care and revoked its licensing privileges.

The lawsuit is filed as Maribel Sandoval, Individually and as next friend of A.B., a minor child, vs. Maw's Child Care, LLC., Cause No. 12890-D in Taylor County, Texas.

About the Button Law Firm

The Button Law Firm (https://www.buttonlawfirm.com) is a Texas-based personal injury law firm that advocates for children and their families in meaningful litigation to make local communities safer. The firm focuses on day care and child-related injuries such as abuse and neglect cases, finger injuries, toy-related injuries, and catastrophic injuries. With attorneys in Dallas, Houston, and Midland, The Button Law Firm helps families across the Lone Star State.

SOURCE The Button Law Firm