A family whose child was allegedly drugged by his day care provider is suing the provider.
Melanie McAtee filed a lawsuit last week in Rutland civil court against Stacey Vaillancourt. Vaillancourt is facing criminal charges in the death of Harper Rose Briar, who attended Vaillancourt’s daycare along with McAtee’s son, Martin McAtee.
Attorney Tristan Larson said a hair follicle toxicology test confirmed that Martin, who was under a year old when he was in Vaillancourt’s care, had been drugged with the active ingredient in the allergy drug Benadryl, which causes drowsiness and is contraindicated for infants. The lawsuit said the child experienced “some or all” of the drug’s side effects, which include drowsiness, dizziness, impaired coordination, headaches and constipation and that he was “at increased risk of developing adverse health outcomes later in life.”
“Martin is OK,” Larson said. “Time will tell about what kind of lasting effects there are. The evidence [about long-term effects of the drugs on children] is really murky for a variety of reasons. It’s really hard to do testing on negative side effects of drugs on kids for obvious reasons.”
The lawsuit also asserts the McAtee’s suffered psychological damage from the affair and that Vaillancourt breached her contract with the McAtee’s as a childcare provider. It seeks unspecified damages.
Vaillancourt ran an in-home daycare on North Street until early 2019, when the 6-month-old Briar died in her care. Autopsy results showed the baby had been given significant quantities of the over-the-counter allergy medicine. The lawsuit said that Martin McAtee was in the same room with Briar when she died.
Vaillancourt pleaded not guilty to felony charges of manslaughter and cruelty to a child with death resulting. The case is pending.
Larson said part of the reason for the lawsuit is to raise awareness of the dangers of giving small children over-the-counter medication.
“Misusing medication can have severe consequences,” said Melanie McAtee, who works as a pharmacist in Rutland. “In the case of Harper Rose, it caused death. As a pharmacist and a mom, people need to know they should check the label. Just because a medication can be bought over-the-counter, it may not be safe for your children.”
Vaillancourt’s attorney, Robert McClallen, declined to comment.
Story by Gordon Dritschilo, The Rutland Herald