Couple suing day care.

[Liberty Belle]

http://www.kentucky.com/latest_news/story/1106849.html

This is happening in my town. I agree the day care was definitely in the wrong here. I'm just wondering what permanent damages the child could have suffered. Unless he was given a huge dosage and it hurt his liver or something (in which case I think they should sue for more than $25,000, as I'm sure medical costs would be much greater).

 

[MM27]

Hegge said both sets of parents have told her "it's not about the money."

Kind of unbelievable when you are suing for a stated amount of money. If it's not about the money they should be suing to cover the medical bills.

 

[Magic Mom]

The day care shouldn't have given the child tylenol, but can someone explain to me how you can tell if a 5 month old is experiencing mental anguish?

The Felices said in the lawsuit that the child suffered injuries from exposure to the medicines, including "great physical and mental pain and anguish."

"It is anticipated that the (Felices') child will in the future continue to suffer great physical and mental pain and anguish," the suit says.

Hegge said the extent of the injuries is still being investigated.

 

[Liberty Belle]

The day care shouldn't have given the child tylenol, but can someone explain to me how you can tell if a 5 month old is experiencing mental anguish?

​

I know, that one got me, too. Unless, it somehow caused him pain and he was crying a lot because of it?

 

[JerseyJanice]

It's hard to imagine that the baby suffered "permanent damage" as the result of using Orajel and Tylenol. Lots of people do this every day to help relieve the pain of teething.

I can understand being angry about the day care doing it without the parent's permission, but really, is it a sue-worthy move? I'm going to say it's not.

 

[cheermom1]

It's hard to imagine that the baby suffered "permanent damage" as the result of using Orajel and Tylenol. Lots of people do this every day to help relieve the pain of teething.

I can understand being angry about the day care doing it without the parent's permission, but really, is it a sue-worthy move? I'm going to say it's not.

I Agree! Please this is all about the money! Nothing more...

 

[FayeW]

Well, in my experience with 5 month old babies I would have to say the only mental and physical anguish that child is suffering from is from the pain of his gums being split open to allow his teeth through!

OF COURSE the child is in pain....it's called TEETHING, people!

The parents and lawyer are idiots. The daycare shouldn't have medicated unless they have a signed release from the parents...but suing for injuries, and mental and physical pain and anguish is assinine.

 

[Keli]

I think this is a silly, frivolous suit.
I cannot know, and therefore won't even speculate what the parent's motives are in filing but there is NO reason to believe this child has suffered ANY damage from those medications.
IMHO, if the parents took their child to a medical facility of some type and had some tests run to make sure he was ok then the day care should be responsible for those costs since they did not give their express consent to the medications. Other than that, nada.
As a parent I wouldn't like my daycare giving my child medications willy-nilly without my knowledge or consent. And I would pull my child out of a daycare that didn't respect my position of authority over my child as his/her parent.
But to imply this child has suffered permanent damage from a single dose of tylenol and/or orajel is not reasonable and unless they had physical evidence there is no way I would award them damages in excess of the medical bills.

 

[Liberty Belle]

I think this is a silly, frivolous suit.
I cannot know, and therefore won't even speculate what the parent's motives are in filing but there is NO reason to believe this child has suffered ANY damage from those medications.
IMHO, if the parents took their child to a medical facility of some type and had some tests run to make sure he was ok then the day care should be responsible for those costs since they did not give their express consent to the medications. Other than that, nada.
As a parent I wouldn't like my daycare giving my child medications willy-nilly without my knowledge or consent. And I would pull my child out of a daycare that didn't respect my position of authority over my child as his/her parent.
But to imply this child has suffered permanent damage from a single dose of tylenol and/or orajel is not reasonable and unless they had physical evidence there is no way I would award them damages in excess of the medical bills.

I tend to agree. I mean, maybe, somehow, the baby did suffer permanent damage to his health. And that would be horrible, of course. I just don't understand how that can be, unless he were given a mega dose.

I think it probably is "all about the money", however I wouldn't necessarily say it is without merit. Daycares should suffer monetary damage if they break state laws, or they'll keep doing it. And this is a definite necessary law. A child (who is allergic to medications, given the wrong dosage, etc) could be harmed or killed if daycares are allowed to give medication without parental permission.

 

[Mickey'snewestfan]

Honestly, I would be livid if someone medicated my knowledge without my permission and would probably want that institution closed down. For many daycare $25,000 would be enough to force them into bankruptcy, and might be the only way to achieve that end.

What if my child was given medication that masked some kind of medical problem?

What if my child had an allergic reaction and I couldn't tell the E.R. what he'd taken?

What if I had given him medication right before daycare or right afterwards and he ended up overdosed?

Furthermore, if they're willing to disregard a safety law that is that clear (there are really no doubts in most places about the laws regarding medications in school and childcare. I can't imagine any place where this was remotely legal), then I have to wonder what other laws they're disregarding.

I'm a single parent. I need daycare to work. If this was done to my child I'd withdraw him immediately, which would probably mean unemployment, because around her daycares have year long waiting lists. Perhaps the family wants money to cover the costs of a nanny or other at home care provider.

 

[dawson5]

The one thing that is sticking out to me is the

One of the Felices' attorneys said that Sara Felice made an unannounced visit last week to the day school on Harrodsburg Road and discovered that her child was in distress. The lawsuit says Sara Felice noticed a "medicine like smell" around the child, and an empty 15-millileter bottle of acetaminophen, which "would have contained over 30 doses."

How would you know that it contained over 30 doses? How do you know it was full? How do you know that they gave over 30 doses? This just sticks out to me. I would assume that the only way they can prove that the child was given that much (beside some kind of blood test I guess), is that the bottle was in the child's things. I would really want to know more about that.

Also, would the distress be caused by teething? I'm sure that could be distressing for a baby. I think I would really want more information. It just doesn't sound right. It could be but it's not being conveyed by the article.

They should not have given medication to the baby without permission but it just doesn't sound right at all.

 

[jillyb]

The language about the amount of damages and the mental anguish, etc. is statutory language that has to be included in all complaints for cases filed in a particular court. I think that the $25,000 damages is for cases filed in District Court and damages for cases in Superior Court would have to state "in excess of $25,000".

Regardless of whether the child suffers from any permanent damage the day care violated State regulations by administering drugs without the parents knowledge or permission. If anything they should loose their licensing. My guess is this case will probably settle out of court.

 

[Liberty Belle]

I just read the lawsuit and it does say that their child was given "excessive medication." Who determined that, I don't know. It also said they've had to pay hospital, physicians, and other related medical expenses. Also, they're suing for the money they paid into childcare when adequate childcare was not received.

 

[Disneycrazy!!]

I think I will have to agree with the parents. I would be ticked if someone gave my child ANY type of medication with asking first. That is not their place...you don't know the childs medical history or any allergic reactions that child may have.

I have a 4 1/2 month old who is also teething. I put orajel on his gums and within a minute he began having a reaction to the med. Never have I heard of a baby having problems with orajel but my child choked, vomited, and had problems swallowing afterwards.

 

[luvmy3]

Alan J. Statman, who represents the Felices, said he thought the acetaminophen was children's-strength Tylenol.


If it was a 15 mL bottle it was not childrens strength, it would have been infants. This lawyer isn't doing his homework and pulling things out of his rear, so I don't put much stock in what else was said about what was found.
However, if the law prohibits giving a child medication without permission from the parents then they should follow any legal channels against that day care center. If that means they are fined , or even shut down because of it so be it. I don't agree with the claim that they are suing for mental and physical anquish of a 5 month old and its not about the money for themselves

 

[SandrA9810]

That's just insane... if they want to sue, they should be in the position of this family...

http://www.sun-sentinel.com/news/broward/fort-lauderdale/fl-daycare-lawsuit-20100115,0,1551061.story

I just read it the other day in the Orlando Sentinel.

 

[kydisneyfans]

Notice that the lawyer is in Cincinnati, over 100 miles away. This "lawyer" specializes in day care lawsuits, and has a similar suit open in Hamilton County Ohio for the same amount of money. How ironic. It also has been stated that at least 1 of the parents is unemployed, then why is the child in daycare? The parents need money in this economy and are trying to blame a daycare to get it. It's a shame.

A local TV station threw another church daycare under the bus here in Georgetown stating that sexual abuse was happening behind the doors. Good things cameras don't lie, because the investigation is now complete and no wrongdoing was found on behalf of the center. This was another attempt to extort money from a "soft" target.

 

[freckles and boo]

Pardon my cynicism. The mother made an unannounced visit shortly after her child was given medication. They are suing for a smallish sum considering they claim the child may have suffered permanent damage. The caregiver who did this is "unknown". IF this really happened and is legitimate I would be furious but it sounds like it could easily be a scam. I am going to have to reserve judgment on this one, especially as the daycare has been in operation for many years and probably has very clear policies on medications.

 

[mjkacmom]

II have a 4 1/2 month old who is also teething. I put orajel on his gums and within a minute he began having a reaction to the med. Never have I heard of a baby having problems with orajel but my child choked, vomited, and had problems swallowing afterwards.

I think that all daycares know what children are allergic too - pretty standard. I'd be miffed. I also know that infant tylenol doesn't smell like medicine - that's why a lot of babies love it. Maybe the daycare should be fined for making a mistake, but to sue?

 

[luvsJack]

I would like to hear the daycare's side of things before I made any judgment. Parents sometimes see things and assume something that is not what happened. If the parent "smelled med" it would be more from the orajel than infant tylenol. Either way they should not have been giving med without permission.

Was the child tested for the amount of tylenol ingested? I thought dd had drank some one time but, after going to the hospital and having the test done they said she only had what would have been equal to a normal amount (which I had given her). When I got home I found where the rest of it was, spilled in her daddy's recliner!

If the daycare is giving children medication without permission in writing: #1 they set themselves up for a lawsuit and #2 the licensing agency should be investigating.

Now, we did have a general permission slip that was signed (or not-parent's choice) each year which gave permission for medication given as prescribed by a doctor, directed by a parent or in case of an emergency the center could give Tylenol or benedryl. We still called the parent before giving either of these and made note of oral permission being given.