Mother Accuses Plano Daycare Center of Poisoning Toddler with Drugs in Vape Pen

Bright Horizons at Legacy ignored Texas daycare laws aimed to protect young children, according to lawsuit filed by The Button Law Firm 

PLANO, Texas, July 25, 2024 /PRNewswire/ — A North Texas mother is suing Bright Horizons at Legacy, claiming her 20-month-old daughter was poisoned by drugs in a vape pen on her first day attending the daycare center in January. Jocelyn Carter claims a caregiver at Bright Horizons at Legacy noticed the child had a pink vape pen in her hand and saw smoke coming from her mouth and nose. However, Bright Horizons at Legacy endangered the toddler’s life by not seeking immediate medical attention for the child or reporting the incident to Carter or the authorities as required by Texas daycare laws, according to the complaint. Because of the daycare center’s negligence, the toddler experienced swollen, red, and puffy eyes and cheeks, and developed a persistent cough that led to vomiting.

The lawsuit states a worker at Bright Horizons at Legacy told Carter her daughter was “a good sleeper” when she questioned why her daughter’s face was inflamed at pickup. The lawsuit continues that it took Bright Horizons at Legacy eight days to tell Carter the truth about what happened to her daughter. After seeing Carter’s daughter with the vape pen, a caregiver quickly took the vape pen from the toddler’s hand and confronted another caregiver, who put it in her pocket, according to the suit. The complaint alleges the incident was not reported because the caregiver who witnessed the incident did not know how to report incidents and was afraid she may get in trouble.

“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,” says Carter. “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.”

Carter got the Plano Police Department involved. Their investigation revealed Carter’s daughter could have inhaled up to 40 mg of nicotine from a Lost Mary model OS5000 disposable electronic vape pen, per the suit. (The Texas Poison Center Network states children ingesting small amounts of nicotine can turn fatal.) A separate investigation by the Texas Health and Human Services Child-Care Licensing Division and the Texas Department of Family and Protective Services substantiated Carter’s claims against Bright Horizons at Legacy. The agencies cited the daycare center for neglectfully supervising the toddler and failing to meet the requirements of a mandatory reporter of suspected child abuse and neglect because a caregiver witnessed the incident but did not report it to the proper authorities.

“Negligent practices at Bright Horizons at Legacy failed this family by endangering an innocent toddler’s life,” says daycare injury lawyer Russell Button of The Button Law Firm, who represents Carter in this lawsuit. “Hard-working parents like Ms. Carter expect daycare centers hire responsible caregivers and provide a safe environment. Bright Horizons at Legacy did neither, causing a little girl to suffer.”

The case is Jocelyn Carter, Individually and as next friend of G.C., a minor child, vs. Bright Horizons Children’s Center, LLC d/b/a Bright Horizons at Legacy, Cause No. 429-04808-2024 in the District Court of Collin County, Texas. A copy of the complaint can be accessed here.

About The Button Law Firm
The Button Law Firm (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 daycare and child-related injuries such as abuse and neglect cases, bottle warmer burns, traumatic brain injuries, and catastrophic injuries. With attorneys in Dallas, Houston, and Midland, The Button Law Firm helps families move forward across the Lone Star State.

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SOURCE The Button Law Firm