Daycare injury lawyers at The Button Law Firm aim to hold A Child's Place Learning Center accountable for safety failures that violated Texas childcare laws
KERRVILLE, Texas, Aug. 28, 2024 /PRNewswire/ -- Denise Gauna is suing A Child's Place Learning Center in Kerrville, Texas, claiming that her 9-month-old son sustained a head injury and fractured clavicle when workers did not strap him into a tall highchair in March of this year. The lack of consideration for child safety resulted in the infant falling headfirst from the highchair, slamming the right side of his head, shoulder, and arm into the hard floor, per the suit.
Gauna also alleges in the lawsuit that caregivers at A Child's Place attempted to cover up the incident and forced her baby boy to suffer in pain for eight hours instead of immediately seeking medical attention or alerting her after the incident, as required by Texas childcare laws. Furthermore, Gauna claims she noticed her infant son had a knot on the right side of his head and was visibly uncomfortable when she arrived to pick him up at the end of the day. But when she asked for details, A Child's Place caregivers gave her a vague incident report with false information that stated her baby "hit his face on a table/floor." It was not until she pressed caregivers a second time for more information regarding her baby's injury that workers finally revealed the truth, according to the suit.
"My world turned upside down when I saw my baby with a knot on his head at A Child's Place," Gauna says. "It was obvious that he was not okay, and the center had the nerve to let him suffer while trying to cover up the facility's failures. No child or parent should have to endure what we experienced at A Child's Place."
An investigation into the incident by Texas Health and Human Services revealed the state agency cited A Child's Place in August 2020 for failing to have safety straps on infant feeding chairs. When questioned about this recent incident, the worker charged with caring for Gauna's baby stated she was unaware that not using safety straps in a highchair posed an injury risk for infants, as it was common practice at A Child's Place to not use them. Also, the worker had no formal childcare training from A Child's Place and told investigators she only completed a four-hour orientation at the center, per the complaint.
A Child's Place received three citations from the state agency for violating childcare licensing laws related to caregivers not demonstrating competency or good judgement, not securing infants in a highchair with the provided safety straps, and not providing adequate supervision. During the investigation, video footage showed another child climbing into an infant seat and falling backward without anyone noticing, per the suit.
"The continued negligence displayed at A Child's Place is unacceptable," says daycare and childcare injury lawyer Russell Button of The Button Law Firm, who represents Gauna and her son in this case. "This lawsuit is a stark reminder of the importance of safety protocols and thorough training in daycare centers. This baby's suffering could have been prevented with proper supervision and care."
The case is Denise Gauna, Individually, and as parent and next friend of G.A., a minor child, vs. A Child's Place Learning Center, Inc., Cause No. 24570A in the District Court of Kerr 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 childcare injuries such as abuse and neglect cases, bottle warmer burns, traumatic brain injuries, and catastrophic injuries. With offices in Dallas, Houston, and Midland, The Button Law Firm helps families move forward across the Lone Star State.
SOURCE The Button Law Firm
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