Lawsuit Filed Against Texas Daycare Owner In Wrongful Death of Baby.

Perry and Lauren Felton’s daughter, Clara, was only four-months-old when she passed away on March 4, 2013. An autopsy showed that young Clara died due to a toxic amount of diphenhydramine, commonly known as Benadryl.

Upon investigation, it was revealed that the hair follicles of other children in Clara’s daycare also tested positive for Benadryl. None of the parents of the children at the daycare, however, ever gave permission for Benadryl use for their children.

According to the Waco Trib, the wrongful death lawsuit was filed in Waco, Texas’s 170th State District Court. The defendants are listed as daycare operator Marian Fraser and the Spoiled Rotten Day Care. Attorney Zollie Steakley is representing the plaintiffs.

The Feltons want the state legislature to fix a legislative loophole that allows day cares to operate without insurance. Currently, there seems to be no insurance to cover what happened at the day care. If they are unable to receive money for what Fraser did, they at least want to raise awareness for this important issue.

In a criminal trial, Fraser was charged with one count of murder and one count of injury to a child causing serious bodily injury. She was also indicted on ten counts of endangering a child.

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