Anderson Law Firm

Child Dies From Injuries Sustained At Kyle Day Care In Austin, Texas

A 10-week-old infant died on Thanksgiving Day from head injuries sustained in a November 18 incident at a Kyle home daycare. Benjamin Spencer was transported to Dell Children's hospital in Austin after he suffered head injuries at the Little Lyons Club Daycare at 561 Keystone Loop.

According to the arrest affidavit, first responders told police on scene that the victim was unresponsive and was being assisted with his breathing. Later, the infant had surgery due to "severe head trauma" and had also received multiple bilateral posterior rib fractures. Police believe that, given the situation and location of the injuries, they were likely to be non-accidental. 

Lyons told police that she left the child unattended on a sofa, approximately 24 inches high, while she went to the restroom. Once she returned, she saw the child on the hardwood floor, laying face up. Police believe that the force used to cause the injuries could not have been committed by a child. The victim ws one of seven children under the sole care of the Lyons at the time, the affidavit states. 

As a parent myself, I cannot imagine how devastated these parents must be. Usually when one thinks they are taking their kid to a daycare to be safe. The question that comes to mind is why was a 10-week-old infant left unattended on a sofa? Children tend to move around and like to explore, nonetheless he should not have been left on the couch for any period of time unattended without supervision. In a study done by CPSC, overall, two thirds of the child care settings were found unsafe. My thoughts and prayers go out to the Spencer family.

Information and commentary is provided by Texas Child Injury Attorney Mar A. Anderson. If you have questions about child injuries, contact the Anderson Law Firm in Fort Worth, Texas. We can be reached at 800-354-MARK or you can contact us online.