Austin couple sues daycare after finding son with severe burns

Like clockwork, the McGivneys would drop their toddler, Aiden off at daycare. “He went to school twice a week, Tuesday and Thursday at the Goddard School in Steiner Ranch,” said Jenny McGivney, Aiden’s mom.

That's until October 17, when the school called Jenny in the afternoon to tell her Aiden, then 11-months old, burned his fingers. “I asked if he was okay and they said yes, he's fine,” said McGivney.

But he wasn't okay. When she got there she found him crying, inconsolable, with blisters on his hands.

“If you've ever gotten burned, the pain associated with that is so great,” said McGivney.

She rushed him to St. David's North Austin, where they then transported him to a burn center in San Antonio, her husband left work immediately to catch up with his wife and child.

“It's the worst feeling. We felt so helpless,” said Bob McGivney, Aiden’s father.

“They did not call for an ambulance. They relied on me to show up and get him,” said Jenny.

In January, the couple filed a lawsuit, seeking payment for medical bills and other damages.

After CPS investigated on a different day, they found that temperatures on that door can reach temperatures higher than 170 degrees. “I can guarantee they knew that door was hot. If a teacher opens and holds that door for the children, they probably felt the heat from the door,” said Jennifer.

FOX 7 Austin contacted the Goddard School, and they said they have no comment at this time. For the McGivneys the lawsuit is bigger than the money, it's about the principle.

“You put a lot of trust in whoever you trust with childcare,” said Bob.

“If the owner of the school knows that that door was hot, I don't think she is someone that should be taking care of children or running a daycare,” said Jenny.

The couple withdrew their son from Goddard and now have a nanny for him.

Their attorney Sean Breen released this statement:

“This devastating injury to a one-year-old child is a classic case of a corporate defendant putting profits over safety. The school knew there was a serious issue with the door, that the door was basically a hot skillet on hinges, and the school did nothing to protect the children from it. Even, now the school's more interested in covering its tracks than fixing the problem. So my clients are taking action to protect their son's future and the future of other kids too.”

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