Infant Benadryl Overdose Leads to Wrongful Death Lawsuit Against Daycare Center

A day care center in Waco, Texas faces a wrongful death lawsuit after allegedly overdosing an infant on Benadryl in order to make her sleep at nap time. 

The complaint was filed this month by Perry and Lauren Felton in McLennan County 170th District Court, naming Marian Fraser and Spoiled Rotten Day Care, which she owns, as defendants.

According to the daycare lawsuit, an infant Benedryl overdose caused the death of 4 month old Clara Marguerite Felton, who failed to wake up after a nap on March 4, 2013. The child was put down at 11:30 a.m. that day and found unresponsive at 2:50 p.m.

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A medical examiner determined that she died of an overdose of diphenhydramine, the active ingredient in Benadryl. The examiner determined that the Benadryl must have been given to Clara while at the Day Care, otherwise the effects would have manifested earlier.

Subsequently, 10 other parents had their children’ tested for Benadryl and the tests came back positive. Local police say Fraser gave the children Benadryl to force them to fall asleep.

An investigation by the Texas Department of Family and Protective Services determined that the day care had been administering medication to children without authorization, and Fraser has said that any bottles and any medication would have been given by her. Only she and one other employee were present at the day care center at the time of the child’s death.

Fraser was arrested and faces charges of murder, injury to a child causing serious bodily injury, and 13 counts of child endangerment. She was arrested in August 2013 and was released on bond.

The lawsuit accuses Fraser of wrongful death, neglect and gross neglect.


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