In August 2025, the family’s young child was enrolled at a licensed child-care center in Crosby. His mother had been told what every parent is told: that her child would be properly supervised and kept safe.
According to the petition, the child was not supervised during mealtime and began to choke on his food. No caregiver noticed or stepped in until the child had turned a bluish color from lack of oxygen. That is the point at which a choking child is in genuine danger. The petition alleges the staff responsible for him could not even explain how the incident was allowed to happen.
Then, the petition alleges, the center did not tell the boy’s mother the truth. Instead of reporting that her child had choked while unsupervised, the daycare told her he had suffered a seizure. A choking incident caused by a lapse in supervision became, in the center’s account, a medical event that had nothing to do with anyone watching him. The lawsuit alleges that version was simply false.
The center is a licensed Texas child-care center. Texas child-care rules require that children be supervised at all times, and mealtime is very much included, because choking is one of the most predictable dangers for a young child who is eating. The rules also require adequate, properly trained staff and correct child-to-caregiver ratios. The petition alleges the center failed on each of these, whether through caregiver inattention, an improper ratio, or both.
What elevates this case is what the petition alleges came after the choking: a misrepresentation. A center that tells a parent her child had a seizure, when the lawsuit alleges he actually choked while unsupervised, is not just negligent. It is keeping a parent from understanding what happened to her own child. We are pursuing the center’s staffing and ratio records, its incident documentation, and the accounts of the caregivers who were responsible for the child that day. (The defendant has denied the allegations; the case is being litigated.)
We represent the family and have filed suit against the operator of the center in Harris County. We brought claims for negligence, gross negligence, and violations of the Texas Deceptive Trade Practices Act, with the DTPA claim aimed squarely at the alleged misrepresentation about what happened to the child. The case has been answered and is set on the court’s docket, and we are working through discovery to establish how the choking happened and why the family was told a different story.
A daycare does not get to take a family’s money to keep their child safe, let him choke until he turns blue, and then tell his mother it was something else. We intend to hold this center fully accountable.
We represent the family and have filed suit against the operator of the center in Harris County. We brought claims for negligence, gross negligence, and violations of the Texas Deceptive Trade Practices Act, with the DTPA claim aimed squarely at the alleged misrepresentation about what happened to the child. The case has been answered and is set on the court’s docket, and we are working through discovery to establish how the choking happened and why the family was told a different story.
A daycare does not get to take a family’s money to keep their child safe, let him choke until he turns blue, and then tell his mother it was something else. We intend to hold this center fully accountable.
