Parents of preschoolers at a Texas school district were outraged to discover that their children were given sleep patches, which the children referred to as “sleepy stickers,” without any parental consent. It was not until one child took a patch home and showed their parent that the case was uncovered. Now, parents are trying to take legal action against the school.
If a school staff member gave your child a sleep patch or other medicine without your knowledge or consent, you should speak to a lawyer about your legal options. While the children in the case involving the sleep patches appear to have suffered minimal harm, that does not mean parents do not have any claims. You might sue for emotional damages or the distress you endured, medical bills if your child needed medical attention, or even civil assault against your child. If you sue a public school district, you should consult an attorney soon. Public schools are governmental units that may enjoy greater civil protections than private entities.
Get a free, confidential assessment of your case from our Dallas personal injury attorneys at The Queenan Law Firm when you call (817) 476-1797.
“Sleepy Stickers” Given to Children at a School in Texas Without Parental Consent or Knowledge
Recently, parents of preschoolers at a Spring Independent School District (ISD) elementary school discovered that their children were being given something called “sleepy stickers” at nap time. The sleeping patches are designed to induce sleep and contain a variety of ingredients, including melatonin. Parents claim they were never informed about the sleeping patches until one child managed to sneak home one of the patches to show their mother. At that point, word of the patches being administered without parental consent spread from one parent to the next.
Some parents claim that they have noticed unpleasant changes in their children, and many are concerned that the sleep patches are to blame. One mother stated that she noticed her child crying more often and eating less. Others are scared about the possible side effects of the patches and how often they were administered to the kids.
According to a news article by KHOU 11, the actions of the teachers who gave the kids the patches might not necessarily be criminal, as no actual harm appears to have befallen any of the children, at least not yet. However, that does not mean the school cannot be held civilly liable. It might be possible for parents to file claims related to negligence, emotional distress, and possibly civil assault.
Can You Sue a School in Texas for Giving Your Child Sleepy Stickers?
Suppose your child was given sleep patches at school, or perhaps your child was administered some other medicine without your consent by a teacher or school staff member. In that case, you should immediately speak to our Arlington, TX personal injury attorneys about your legal rights. Schools and teachers are responsible for the children in their care and are often legally liable for what happens to them. Even if your child was not seriously hurt, you might still have legal claims for damages.
According to Tex. Fam. Code § 32.001(a), certain people may consent to medical care for a child in the absence of a parent. The list includes various adult family members and even courts. Under subsection (4), a school or educational institution may consent only with written authorization from a parent or guardian. Since the school in the above-mentioned case did not have authorization from any parents – they appear to have acted without informing parents at all – their actions may not be lawful, and they may be open to civil liability.
Generally, parents may sue a public school or school district for injuries to their child, but they must adhere to strict procedural rules set out in the Texas Tort Claims Act. According to Tex. Civ. Prac. & Rem. Code § 101.101(a), a governmental unit must be notified of a claim no later than 6 months after the alleged incident. This is a tight deadline, and it might be difficult to meet if parents are kept in the dark about what happened to their children for too long.
Possible Damages in a Lawsuit Regarding Sleepy Sticker in Texas
What exactly can you sue a school for if they give your child sleep patches or other medicine without your consent? If your child suffers any adverse effects from the medicine, you might have a serious claim on your hands. You might sue the school for significant medical bills. If you must take time away from work to care for your child, you might also sue for your lost wages. If your child experiences permanent complications, their whole life might be negatively impacted, and you may sue for non-economic damages related to their reduced quality of life.
In the case above involving the “sleepy stickers,” it does not appear that any children have experienced any serious adverse effects. You should still speak to an attorney about possible claims and damages. The distress parent experience from knowing their child was administered these sleep patches without consent, possibly multiple times, might be enough to claim emotional damages.
If your child was provided any medicine or sleep aids by teachers without your consent, be sure to monitor your child’s health as time goes on. It might be possible for complications to arise later as a result of the school’s negligence.
What to Do if Your Child Was Given Sleepy Stickers or Other Medicine Without Your Consent in Texas
If your child’s school gave them sleep patches, medicine, or other medical care without your knowledge or consent, your first step should be to get your child to a doctor. Even if your child shows no signs of harm or injuries, they should be evaluated by a medical professional to determine if the sleep patches or something else might have caused injuries. Next, you should contact an attorney as soon as possible. Remember, your time to begin a claim against a governmental unit like a public school is strictly limited, and it is best to get help from a lawyer sooner rather than later so you do not lose out on compensation and justice for your child.
Contact Our Texas Personal Injury Attorneys for Help Now
Get a free, confidential assessment of your case from our Fort Worth personal injury attorneys at The Queenan Law Firm when you call (817) 476-1797.