College Sued Over Fatal Food Allergy Incident: Why Schools Must Prioritize Food Allergies

Avery Gilbert, a college freshman at Trinity International University, died shortly after eating a school meal that allegedly contained fish proteins despite being labeled as allergen-free.

College Sued After Freshman Suffers Fatal Food Allergic Reaction: A Tragic Reminder of the Importance of Food Allergy Management in Schools

Food allergies are a serious and potentially life-threatening condition that affects millions of people worldwide. According to Food Allergy Research and Education (FARE), approximately 32 million Americans have food allergies, including 5.6 million children under the age of 18. An allergic reaction to food can cause a range of symptoms, from mild to severe, including hives, swelling, difficulty breathing, and even anaphylaxis, which is a severe and potentially fatal reaction.

The rise in the number of food allergy cases has led to increased attention to food allergy management in schools. This includes not only policies and procedures to prevent exposure to allergens but also education and training for staff, students, and families on food allergies and how to respond to an allergic reaction. Unfortunately, even with these precautions in place, accidents can happen, and food-allergic individuals can suffer from life-threatening reactions.

Police photo of the menu screen showed the meal's description, which included grilled chicken, roasted potatoes, and veggies, with a line underneath stating that it did not contain any allergens.

A recent tragic incident highlights the importance of food allergy management in schools. A college freshman with a fish allergy died after eating what he thought was a chicken meal from the campus dining hall. The 18-year-old student was attending Trinity International University, located north of Chicago. The family of the student is seeking answers and accountability in a wrongful death lawsuit filed against the college and the catering company responsible for preparing and serving the food.

The student, Avery Gilbert, sat down to eat lunch in the dining hall with his football teammates. He was eating a chicken meal from the dining hall section called the “Zone: An Allergen Sensitive Area,” which was supposed to be a safe place for students with allergies. The menu screen showed the description of the meal as “grilled chicken, roasted potatoes and veggies” and stated “contains no allergens.” Unfortunately, the meal was cross-contaminated with fish proteins. Gilbert started to feel strange during the meal, left to head to his dorm room, and called 911 after his reaction became severe. He was found unconscious and not breathing, and attempts to revive him were unsuccessful. The complaint filed by his family cites various negligent acts or omissions in its wrongful death claim.

This tragic incident is a reminder that food allergies are a serious condition that requires proper management and attention. While there are many steps that schools can take to prevent exposure to allergens and respond to allergic reactions, it is essential for food-allergic individuals and their families to be proactive in managing their condition.

The following are some steps that schools and food service providers can take to prevent food allergy-related accidents:

  1. Develop and implement a comprehensive food allergy management plan that includes policies and procedures for preventing exposure to allergens and responding to allergic reactions. This plan should be communicated to staff, students, and families.

  2. Train all staff who interact with students, including teachers, administrators, food service workers, and bus drivers, on food allergies and how to respond to an allergic reaction.

  3. Ensure that all food service providers, including both school-run and outsourced programs, are trained on food allergies and how to prepare and serve safe meals to students with food allergies.

  4. Provide clear and accurate food labeling and menus that clearly identify ingredients and potential allergens.

  5. Encourage students and families to communicate with the school about their food allergies and any accommodations that may be needed.

While it is essential for schools to take steps to prevent food allergy-related accidents, it is also crucial for food-allergic individuals and their families to take precautions and be proactive in managing their condition. This includes carrying an epinephrine auto-injector at all times, knowing how to recognize the signs of an allergic reaction, and communicating with the school about their food allergies. In addition to these individual responsibilities, it is imperative that schools prioritize the training of their staff on how to handle food allergies and have proper procedures in place to prevent cross-contact and respond to emergency situations. Parents and students should feel empowered to ask questions and advocate for their safety, and if they feel their school is not taking necessary precautions, they should consult with an education lawyer from EducationLawyers.com.

The tragic death of Avery Gilbert highlights the importance of taking food allergies seriously and implementing effective measures to prevent accidents. It is the responsibility of schools, food service providers, and individuals with food allergies to work together to create a safe and inclusive environment for all students. With proper training, communication, and advocacy, we can ensure that no family has to experience the heartbreak and loss that Avery Gilbert’s family has endured.