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Daycare Provider Accused of Causing Infant’s Death

infant surpriseWhen you drop your children off at daycare, you expect to be leaving them in a safe and healthy environment. However, some daycare providers fail to deliver even the basic standard of care. If your child sustained injuries under the supervision of a daycare provider, you need to hold the responsible parties accountable for their negligence. It’s important to discuss your case with an experienced Maine daycare injury lawyer to ensure your child receives all necessary medical care after their injuries.

Call 1-800-INJURED to schedule a complimentary consultation with a personal injury attorney at Hardy, Wolf & Downing. Our team is committed to helping you seek justice for your child. Don’t let someone who was supposed to be a trusted daycare provider get away with causing your child harm. Not only does your child deserve justice for their injuries — you can help other families ensure the same thing doesn’t happen to them.

Wrongful death lawsuit filed against daycare center

A couple has filed a wrongful death lawsuit against the Waco, Texas daycare facility where their infant daughter died of an overdose of diphenhydramine, the active ingredient in Benadryl. Perry and Lauren Felton filed the complaint in McLennan County 170th District Court, naming owner Marian Fraser and her company, Spoiled Rotten Day Care as defendants.

The lawsuit claims the Benadryl overdose caused the death of the couple’s four-month-old daughter, Clara Marguerite Felton and accuses Fraser of wrongful death, neglect and gross neglect. The child failed to wake up after being put down for a nap at 11:30am on March 4, 2013. She was later found unresponsive at 2:50pm.

A medical examiner determined that Benadryl must have been administered to the infant while at the daycare center, as otherwise the effects would have unfolded earlier in the day. Only Fraser and one other employee were at the daycare center at the time of Clara’s death.

Daycare center administering unauthorized medication

Spoiled Rotten Day Care had as many as 12 children whose ages ranged from 6 weeks to two years of age. Initially, the other parents who sent their children to Spoiled Rotten Day Care offered their support to Fraser and continued to let her care for their kids for more than two months following the infant’s death.

However, eventually a group of 10 parents had their children tested for Benadryl and the results came back positive. The local police department says Fraser gave the children Benadryl to make them fall asleep. The state agency that issues licenses for daycare centers shut the business down on May 31, 2013.

Investigators at the Texas Department of Family and Protective Services determined that Fraser had been administering medication to children without permission from their parents. Fraser has said that any medication given to the children under her care would have been administered by her.

Fraser was subsequently arrested in August 2013 and is currently facing charges of murder, injury to a child causing serious bodily injury and 13 counts of child endangerment. She is currently out on a $25,000 bond.