An 11-year-old girl named Emerson Kate Cole tragically died after having an allergic reaction to pizza at her school in Texas.
Her family is heartbroken and believes the school could have prevented her death.
Emerson had a severe allergy to milk. According to her family, the school was aware of this allergy and had a specific plan (called a 504 plan) outlining how to respond in case of a reaction. However, things went wrong.
When Emerson had the allergic reaction, the school nurse wasn’t available, and the medication they gave her unfortunately didn’t help.
The family believes the school failed to follow the established plan, which could have saved Emerson’s life. They are seeking compensation because they feel the school district did not take the proper steps to care for Emerson according to her allergy plan.
A doctor’s statement included in the lawsuit supports this claim, stating that with prompt medical attention, Emerson likely would have survived.