Wrongful death lawsuit filed against Austin daycare after 5-month-old baby’s death


(KXAN/Yoojin Cho)

AUSTIN (KXAN) — Parents are suing a north Austin daycare after their 5-month old baby died in 2018.

Corey and Jessica Elmquist say their baby girl appeared happy when she was dropped off at 1st Step Early Learning Center on March 15.

But less than two hours later, paramedics were called and she was rushed to a hospital.

She died three days later.

The lawsuit points to a state investigation that found several violations at the daycare.

It says the caregiver admitted she left the baby girl out of sight after she had started screaming.

It also says she failed safety policies by putting the child on a Boppy pillow in the crib.

And when the caregiver saw the baby was limp, grey in color and not breathing, she didn’t start CPR, the lawsuit claims. Instead, it says, she sought help from others.

The state confirms the investigation found no abuse or neglect.

But given the seriousness of the violations, it banned 1st Step Early Learning Center from caring for infants under 17 months.

KXAN has reached out to the daycare several times for comment and haven’t heard back yet.

No criminal charges have been filed in this case.

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