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Family Sues Amarillo School District Over Daughter's Fatal Allergic Reaction, Claims 504 Plan Ignored

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Published on June 04, 2024
Family Sues Amarillo School District Over Daughter's Fatal Allergic Reaction, Claims 504 Plan IgnoredSource: Google Street View

The tragic loss of an 11-year-old girl following an allergic reaction at school has led to her family filing a lawsuit against Amarillo Independent School District (AISD). Emerson Kate Cole, who had a known severe allergy to dairy, suffered an allergic reaction after eating pizza for lunch at De Zavala Middle School. Despite a 504 Plan detailing emergency response procedures for such an occurrence, including the administration of epinephrine, Cole's reaction was met with a treatment of Benadryl and a breathing treatment, which were unsuccessful.

According to the lawsuit, Cole's parents say that AISD failed to follow the 504 Plan which required employees to administer an epinephrine shot, call 911, and notify them in the event of an allergic reaction. Instead, when Cole visited the nurse's office following the onset of her symptoms, she was given Benadryl, which she vomited, and was subjected to a breathing treatment. Emerson's condition deteriorated, leading to a catastrophic outcome when her grandmother arrived at the school and found Emerson collapsing. She administered CPR until the paramedics took over, but unfortunately, Emerson passed away in the hospital two days later.

The family's legal action raises serious questions about the adherence to established guidelines for managing children's allergies in schools. Within the legal documents, an evaluation from Dr. Marc Serota highlights the gravity of the school's alleged missteps, saying "had she received prompt administration of epinephrine when she initially presented with her symptoms, (Cole) would, more likely than not, be with us today.", as reported by Fox San Antonio.

When reached out for a statement on the matter, AISD Communications Coordinator April Brownlee responded to ABC 7 News saying, "We can't comment on pending litigation."