Lawsuit over death of 11-year-old girl at school referred to federal court

AMARILLO, Texas (KFDA) – A lawsuit related to the death of 11-year-old Emerson Kate Cole will now move to federal court.

Emerson Cole died on January 19, 2023 from an allergic reaction at school.

According to court documents, the family filed suit against Amarillo ISD on May 30, claiming the school district violated the Americans with Disabilities Act as well as various state damages claims.

Court documents show that Emerson had a severe milk allergy and had filed a 504 action plan with Amarillo ISD. The action plan detailed the steps school staff should take if she suffered an allergic reaction.

The plan called for school staff to administer epinephrine in the event of an allergic reaction, call emergency services, and notify Emerson’s parents.

On January 17, 2023, Emerson suffered an allergic reaction at Lorenzo de Zavala Middle School. According to court documents, she was not given epinephrine.

The lawsuit alleges that Emerson went to the hospital room when she felt an allergic reaction, but the nurse was not there, according to the documents.

A school official called her mother and asked if she could have some Benadryl.

Then Emerson’s grandmother arrived at the school and learned that the office called 911.

Her grandmother then called Amarillo Fire Department Station 11, where she was told they were on their way to school.

Emerson’s grandmother then performed cardiopulmonary resuscitation until emergency personnel took over.

She was then taken to hospital where she died two days later.

The lawsuit alleges that the school was negligent by failing to follow the action plan.

On Friday, June 28, Amarillo ISD filed a notice requesting that the case involving Cole’s death be heard in federal court.

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