The heartbroken family of an 11-year-old girl who died from an allergic reaction after eating pizza at a Texas school has filed a lawsuit, claiming her death could have been prevented if staff had followed her medical plan.
Emerson Kate Cole, a student at Lorenzo de Zavala Middle School in La Joya, Texas, fell ill after experiencing an allergic reaction in January last year.
According to court documents, she was sent to the nurse’s office, but the nurse was not present.
The school contacted her mother to request permission to administer Benadryl, which was granted. However, the child vomited after taking the medicine.
When Cole’s grandmother reached the school, she found the girl had collapsed. The distressed family member performed CPR until paramedics arrived, and Cole was rushed to the hospital.
Seen here: Emerson Kate Cole captured alongside her father. Cole tragically passed away at the age of 11 due to an allergic reaction while at school. Her family has since initiated a lawsuit against the school district.
She passed away in the hospital a few days later.
Due to her dairy allergy, Emerson Kate Cole had a 504 plan with the Amarillo Independent School District, outlining protocols for staff in case of an allergic reaction. This plan mandated the administration of epinephrine, calling 911, and notifying the parents, as reported by NBC Montana.
Recently, her family filed a lawsuit seeking unspecified damages, alleging the district’s failure to adhere to the 504 plan. The family also included a statement from Dr. Marc Serota, stating that with proper care, Cole would likely still be alive.
“Prompt administration of epinephrine when she first showed symptoms would have likely saved her,” Dr. Serota noted.
Following her passing in January 2023, Cole’s devastated father expressed his eternal love for her on Facebook, saying, “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.”
