The parents of an infant who died from an alleged Benadryl overdose in 2013 have brought a wrongful death lawsuit against the Texas daycare center accused of overdosing the four-month-old on Benadryl in an attempt to get her to sleep at nap time. The suit was filed last month by Perry and Lauren Felton in McLennan County 170th District Court, and names Spoiled Rotten Day Care and its owner, Marian Fraser, as defendants in the wrongful death case. If you or a loved one has suffered injuries at the hands of an allegedly negligent person or party, contact a reputable personal injury lawyer today to explore your possible compensation options.
According to the Felton’s complaint, a Benadryl overdose caused the death of their four-month-old daughter, Clara Marguerite Felton, who failed to wake up after a nap in March 2013, after being administered an unauthorized dose of Benadryl allergy medication. The infant was reportedly put down for a nap at the daycare center at 11:30 a.m. on March 4, and was found unresponsive at 2:50 p.m. A medical examiner determined that Clara Felton died from an overdose of diphenhydramine, the active ingredient in Benadryl, and indicated that the medicine must have been administered at the daycare center, otherwise the effects would have manifested earlier.
Following Clara Felton’s tragic death, ten other parents of children at Spoiled Rotten Day Care had their children tested for Benadryl, and the results came back positive, leading local police to suggest that daycare owner Marian Fraser gave children the allergy medication to force them to fall asleep at nap time. An investigation was launched by the Texas Department of Family and Protective Services in the days and months following Clara Felton’s Benadryl overdose death, and the agency found that the daycare center had been administering medication to children without authorization, potentially putting them at risk for serious injuries or death.
Marian Fraser was arrested in August 2013, and faces charges of murder, causing bodily injury to a child, and 13 counts of child endangerment, in relation to Clara Felton’s death and the unauthorized administration of medicine to other children at the daycare center. The Felton’s lawsuit accuses the daycare center owner of neglect, gross neglect and wrongful death in the Benadryl overdose death of their four-month-old daughter. If you believe your child has suffered injuries caused by the negligence of another person, such as a daycare center employee, our consumer advocates at the Consumer Justice Foundation can help put you in touch with a knowledgeable attorney who has experience handling personal injury and wrongful death claims.
