A North Texas mother has filed a lawsuit against a Plano day care center, accusing the facility of endangering her 20-month-old daughter’s life by exposing her to the contents of a vape pen.
On her first day at Bright Horizon at Legacy , in the 6500 block of Legacy Drive, the suit says, Jocelyn Carter’s daughter allegedly came into contact with an electronic smoking device.
According to a July 25 news release, a caregiver noticed on Jan. 22 the toddler with the vape pen and saw smoke emanating from the child’s mouth and nose. The day care didn’t immediately seek medical attention or inform Carter or the authorities, which violates Texas day care laws , according to the release.
The Dallas Morning News attempted to reach the defendant several times for a comment, but no response was received.
The Collin County lawsuit seeks $1 million.
The toddler experienced swollen, red and puffy eyes and cheeks and developed a continuous cough that led to vomiting, according to the news release. Carter is being represented by the Button Law Firm.
According to the lawsuit, when Carter noticed her daughter’s inflamed face at pickup, a worker at Bright Horizons at Legacy remarked that the toddler was “a good sleeper.” It took the day care eight days to reveal the truth about the incident, the release states.
The suit details that a caregiver had seen the child with a vape pen, quickly removed it from her hand and confronted another caregiver, who then pocketed the device. The filing alleges the incident went unreported because the witnessing caregiver was unsure of the reporting process and feared potential repercussions. The witness was not punished for failing to report, the lawsuit said, and the caregiver in possession of the pen was suspended before later resigning.
“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,” said Carter, a Denton County resident. “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.”
A recent study from the U.S. Centers for Disease Control and Prevention highlighted a 32% spike in e-cigarette or vape pen exposure among children under 5 years old from April 2022 to March 2023.
Carter involved Plano police. Investigators found that her daughter could have inhaled up to 40 milligrams of nicotine from a Lost Mary OS5000 disposable vape pen, according to the suit. The Texas Poison Center Network warns that even small amounts of nicotine can be fatal in children.
According to the release, Carter’s allegations were validated by an independent investigation conducted by the child care licensing division of Texas Health and Human Services and the Texas Department of Family and Protective Services.
The state departments cited Bright Horizons at Legacy for negligent supervision and failing to comply with mandatory reporting requirements for suspected child abuse and neglect, as a caregiver witnessed the incident but did not report it to the authorities, the release said.
“Negligent practices at Bright Horizons at Legacy failed this family by endangering an innocent toddler’s life,” lawyer Russel Button said. “Hard-working parents like Ms. Carter expect day care centers to hire responsible caregivers and provide a safe environment. Bright Horizons at Legacy did neither, causing a little girl to suffer.”
