Button Law Firm - June 2024

A TRAGIC FIRST DAY How Poor Daycare Supervision Led to Emergency Brain Surgery

had a fracture to the right side of his skull and a 2.9-centimeter-thick epidural hematoma, causing a 0.8-millimeter leftward midline shift of his brain.

We often share some of the most heartbreaking daycare incidents and how our team helps find a resolution. Yet, this case may just be the most distressing one to date. Not only was this baby, whom we’ll call Clayton to protect his privacy, believed to be safe with a church daycare, but the tragic incident happened on his very first day in their care. Just hours after being dropped off by his parents, Clayton experienced a head injury that would change his life. While the accident happened at 10 a.m., his parents were not called until hours later at 2:30 p.m. They were simply told that he was “projectile vomiting.” When Clayton’s mom made it to the church, she immediately noticed swelling in her son’s head. After rushing him to the emergency room, she received the astonishing news: Clayton

It was then that he had to be immediately taken to a larger children’s hospital via critical air transport for an emergency surgery. Time was of the essence, and Clayton was swiftly intubated and put under general anesthesia so doctors could perform a craniotomy. Who knows what could have happened to Clayton if the daycare staff waited any longer to notify his parents? While the surgery may have removed the hematoma and healed his fractured skull, the injury continues to cause Clayton and his family distress. Not only can Clayton no longer sleep a whole night without crying, but he also has been experiencing staring spells and signs of exotropia, where one eye turns outward. Because of his vision issues, which may impact motor skills and cognitive abilities, there’s no telling how this will affect his health in the future. Thankfully, we were able to assist this family and achieve justice and closure for them. It was evident that the daycare was responsible because Clayton wasn’t adequately supervised and his parents weren’t informed promptly after the accident. With this case resolved, the family can now concentrate on recovering from the trauma and ensuring Clayton’s ongoing well-being. It’s essential to prevent similar injuries in the future, and we’re committed to taking every necessary measure to achieve that goal.

BLF HIGHLIGHT REEL

CLIENT REVIEW

“The team at The Button Law Firm is nothing short of AMAZING! My family had a situation where my daughter was injured at her daycare with little to no explanation how. It was a very stressful time and I was not sure how to proceed forward. Luckily, I came across The Button Law Firm and the team immediately really took the initiative to stand up for my family and listen to all of our concerns and go through all the options and information we needed to know. They were very kind, professional, attentive, and empathetic towards our case, and really earned the title of confidant throughout the process. We were able to land on a settlement with the daycare and my family and I are pleased with the results and that my daughter has her future secured to have funds to pay for college or buy a home one day. Big shout out and thanks to Jacky, Rena, Cristina, and Russell, you all played a vital role in my family’s experience and were always well prepared and willing to help us with any questions or concerns.”

–William Marty

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