11-year-old dies after allergic reaction while eating lunch at school, lawsuit says
.png "Emerson Kate Cole died at 11 years old after an allergic reaction while eating lunch at school. Her family is now suing.")
The family of a Texas girl says she died from an allergic reaction after eating lunch at school. Now they’re suing the school district, saying school employees failed to give the girl the proper medication.
On Jan. 17, 2023, 11-year-old Emerson Kate Cole was eating lunch at Lorenzo de Zavala Middle School in Amarillo when she had an allergic reaction, according to a lawsuit filed May 30 by her family.
Emerson was severely allergic to dairy, the lawsuit said. While eating lunch, she took one bite of pizza and began experiencing symptoms, medical reports in the lawsuit said.
Emerson went to the nurse’s office, but the nurse was not there. Another staff member called Emerson’s mother and asked if they could give Emerson a Benadryl, and she agreed. However, after taking the Benadryl, Emerson vomited, the lawsuit said.
According to the court document, Emerson had a “504 Action Plan,” which detailed the procedure to follow in the event she had an allergic reaction. Part of that plan was to “administer epinephrine, call emergency medical services and notify Emerson’s parents.”
Emerson was not given epinephrine, according to the lawsuit.
Amarillo Independent School District, which is listed as the defendant in the lawsuit, told McClatchy News it could not comment on pending litigation.
After Emerson became ill, her grandmother arrived at the school and was told that staff was calling 911. When her grandmother found her in the nurse’s office, Emerson was struggling to breathe and collapsed, the lawsuit said. Her grandmother began administering CPR until paramedics arrived, according to the suit.
Emerson was taken to a hospital where she died two days later, according to the lawsuit.
“My heart has left my body, My sweet baby daughter passed this morning at 9:58,” Emerson’s father wrote in a Jan. 19, 2023, Facebook post. “There is nothing anyone can say or do to make this hurt and pain go away… Emerson Kate Cole, I’ll NEVER STOP LOVING YOU.”
The doctor who treated Emerson wrote an expert report on March 16 summarizing her condition and what he believes caused her death.
“It is my opinion, that had she received prompt administration of epinephrine when she initially presented with her symptoms Emerson would, more likely than not, be with us today,” Dr. Marc Serota wrote in the report, court documents show. “If given early, while she was in the care of the middle school’s staff, it is my opinion she would more likely than not be a normal healthy child today.”
Emerson’s family is asking for an undetermined amount in damages.
This story was originally published June 4, 2024 at 10:35 AM with the headline "11-year-old dies after allergic reaction while eating lunch at school, lawsuit says."
