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Girl dies from allergic reaction, family claims wrongful death

Over two years after a young girl died from a fatal allergic reaction to peanuts, her family is pursuing legal action. The Virginia family filed a wrongful death suit against several defendants, claiming that the child’s allergic reaction was improperly handled. The family is seeking a monetary judgment of $10 million.

In Jan. 2012, the 7-year-old apparently consumed a peanut given to her by another student. The girl instantly began not feeling well, and she went to her teacher. The teacher took her to the school nurse, and the girl went into anaphylaxis, which is when a person’s throat begins to swell shut due to the allergic reaction. Anaphylaxis can be delayed by administering an epinephrine pen while waiting for the ambulance; however, there were supposedly no epinephrine pens in the nurse’s office.

After she arrived at the hospital, the young girl died from her allergic reaction. The school nurse is a defendant in the suit due to the claim that she did not have the injector, and the clinic assistant claims that she never asked for the epinephrine pen. Additionally, the clinic assistant is also a defendant in the suit because she allegedly failed to call for an ambulance until after the girl had already stopped breathing. The family has also named the Commonwealth of Virginia as a defendant.

The wrongful death lawsuit is scheduled to be tried before a jury in Virginia in the spring of 2015. If the suit is successful, the family could be rewarded up to $10 million for the negligence of the defendants. Help is available to anyone in our state who wants to take legal action after losing a loved one due to the negligence of another.

Source:, “$10 Million Peanut Allegy Death Lawsuit to be Seen by Jury“, Patrick Bennett, Aug. 21, 2014

Source:, “$10 Million Peanut Allegy Death Lawsuit to be Seen by Jury“, Patrick Bennett, Aug. 21, 2014

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