Schoolgirl, 11, with dairy allergy died after eating pizza that triggered a severe reaction but 'staff failed to follow her medical health plan'

The heartbroken family of an 11-year-old girl who died from an allergic reaction after eating pizza at a school in Texas has filed a lawsuit, as they claim her death could have been prevented had staff followed her medical plan. 

Emerson Kate Cole, 11, was a student at Lorenzo de Zavala Middle School in La Joya, Texas when she was taken ill after having an allergic reaction in January last year.

She was sent to the nurse's office, and according to court documents, the nurse was not there. 

The school called her mother to ask whether they could give her Benadryl, to which her mother agreed. The child, however, threw up the medicine.

By the time Cole's grandmother arrived at the school, she collapsed. The young girl was given CPR by her worried family member until paramedics arrived, and she was taken to hospital.

Pictured: Emerson Kate Cole pictured with her father. Cole was just 11 years old when she died, after she had an allergic reaction while at school. Her family have filed a lawsuit against the school district

She died in hospital a few days later. 

Because she had a dairy allergy, she had a 504 plan with the Amarillo Independent School District, which offered members of staff a guide on how to respond in the event of an allergic reaction.

According to NBC Montana, the plan required school employees to administer epinephrine, call 911 and notify the child's parents. 

Her family recently filed a lawsuit that asks for an unspecified amount of money claiming the district did not follow the 504 plan. 

The family also included a statement from Dr Marc Serota who said with proper care, the child would not have died. 

'Had she received prompt administration of epinephrine when she initially presented with her symptoms, (Cole) would, more likely than not, be with us today,' Serota noted.

'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,' Cole's hearrtbroken father wrote on Facebook after her passing in January 2023.