U.S. Army Agrees to Settle Lawsuit with Family Whose Child Overdosed After Being Given Benadryl at Daycare

The U.S. Army agreed to settle a lawsuit with a family whose daughter was given a lethal dose of Benadryl at an illegal, unauthorized daycare a woman operated out of privatized military housing.

Anna Lobisch and Army National Guard member James Lobisch sued the Army in 2020 after the tragic death of their 7-month-old daughter, Abigail, in February of 2019, according to federal court documents viewed by Law & Crime. The family lived on the Aliamanu Military Reservation in Hawaii and utilized the unofficial daycare services that Dixie Denise Villa operated out of her home.

After leaving Abigail with Villa overnight, the child was found unresponsive in the morning. According to The Navy Times, the medical examiner determined that the baby’s blood tested positive for diphenhydramine, the active ingredient in Benadryl and similar medications. The dose was nearly twice the amount that is typically reported in infant overdoses.

The outlet reports that Villa was given the maximum sentence of 20 years in prison.

According to Law & Crime, the family went on to sue the U.S. Army, arguing that military authorities were aware of the unlicensed and unlawful daycare and had sent multiple cease-and-desist letters after receiving complaints. The outlet reports that the family was seeking $900,000 from the Army. However, the outlet reports that, although the Army has agreed to settle, the exact terms are still being worked out.