- Emerson Kate Cole had a severe allergic reaction when she ate pizza at school
- Her family says a medical plan required staff to give her epinephrine and call 911
The heartbroken family of an 11-year-old girl who died of 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, 11, attended Lorenzo de Zavala Middle School in La Joya, Texas.
Because she had a dairy allergy, she had a 504 plan with the Amarillo Independent School District, which provided staff members with a guide on how to respond in the event of an allergic reaction.
According to NBC MontanaThe plan called for school employees to administer epinephrine, call 911 and notify the child’s parents.
However, the child died in January last year from an allergic reaction after eating a pizza for lunch at school.
Pictured: Emerson Kate Cole pictured with her father. Cole was just 11 years old when she died after suffering an allergic reaction at school. Her family has filed a lawsuit against the school district
Her family recently filed a lawsuit asking for an unspecified amount of money, claiming the district failed to follow the 504 plan.
The family also included a statement from Dr. Marc Serota, who said that with proper care the child would not have died.
“If she had been given epinephrine immediately when she first showed her symptoms, (Cole) would probably be with us today,” Serota noted.
Early last year, Cole was eating a pizza at lunch at school when she had a severe allergic reaction.
She was sent to the nurse’s office and the nurse was not there, according to court documents. The school called her mother to ask if they could give her Benadryl, which her mother agreed to. However, the child vomited the medicine.
By the time Cole’s grandmother arrived at school, the child collapsed. She received CPR from her concerned family member until the ambulance arrived and she was taken to the hospital.
“I’ve been there, there’s a slim chance she’ll make it,” his father wrote in January 2023. “I’m literally dying inside. I can’t lose her.’
Cole died in hospital two days later.
“There is nothing anyone can say or do to make this hurt and pain go away…Emerson Kate Cole, I will never stop loving you,” Cole’s father wrote after her death.