A settlement has been reached in the wrongful death lawsuit related to Florida teen Kayleen Brown’s fatal allergic reaction. Kayleen suffered anaphylaxis after she ate baklava, a dessert that contains pistachios.
The 17-year-old, who had a nut allergy, was attending a meeting at her high school when she was served the baklava.
She had asked whether nuts were in the pastry being served at the meeting on April 27, 2023. The lawsuit states that she trusted assurances from Atlantic Coast High School staff that the baklava did not contain nuts. But unbeknownst to her, the pastry did contain pistachios. After eating it, Kayleen began to experience symptoms.
Her father Steven Brown sued the Duval County Public Schools (DCPS) in Jacksonville, Florida, claiming negligence in the death of his daughter. The lawsuit, filed in July 2024, accuses the district, which was aware of Kayleen’s allergy, of negligently serving the student food that contained nuts.
It also finds fault with the way the school district handled the allergic reaction, accusing it of allowing the student to leave the high school property while experiencing a reaction.
“My opinion is that the school district recognizes that there were problems in the response. It was in everyone’s best interest to settle,” family attorney Ted Pina tells Allergic Living. Pina is co-founder of the Florida law firm Nichols & Pina.
Details of the settlement reached March 11 have not been disclosed. The complaint had sought monetary damages in excess of $50,000.
“While we are grateful to have reached agreement on the settlement, we understand that no legal outcome can ease the pain that comes with the loss of a child,” a DCPS district spokesperson says.
Florida Teen’s Dad: ‘Why Wasn’t 911 Called?’
As Kayleen developed allergic reaction symptoms, her father’s lawsuit says the school did not follow its food allergy management plan. Kayleen’s individual emergency action plan was also not followed. Specifically, the allergic teen was not taken to the school nurse for administering epinephrine. Nor was 911 called, according to the complaint.
Instead, the lawsuit states the teen was allowed to leave campus to drive to a pharmacy to buy the antihistamine Benadryl. Once there, her symptoms worsened. She suffered severe anaphylaxis, with cardiac arrest.
“Employees and/or agents of DCPS were aware that she had eaten nuts and was experiencing symptoms associated with her food allergy and permitted her to leave campus,” according to the complaint.
Brown spoke to Florida News4Jax TV, questioning: “Why did she leave school? Or why was she allowed to leave school if the teacher was aware that she was having an allergic reaction. My first thing would be like, ‘Why wasn’t 911 called?’”
His daughter later fell into a coma. Kayleen died three days after her anaphylactic reaction on April 30, 2023. She is survived by her parents Brown and Sue Soth.
Kayleen’s obituary describes the high school senior. She loved to go to the beach, loved painting and drawing, and “making memories with her family and best friends.”
As for the school district, “our hearts continue to be with the student’s family and loved ones,” the spokesperson says.
Suit Stresses Allergy Protocols
The Florida district has a policy in place for food allergies, but it was not followed, Pina says. But the family’s lawsuit served as a reminder to these policies.
The lawsuit states that the Food Allergy Management and Prevention Plan provided “guidelines to ensure a safe and healthy educational environment for students with life-threatening food allergies.”
Details of the plan include training to recognize symptoms of an allergic reaction, administer epinephrine, and protocols for notifying emergency response, the lawsuit states. The guidelines also direct staff to initiate an emergency action plan during a reaction.
“As a direct and proximate result of the negligence of DCPS, Kayleen Brown died,” the lawsuit states.
As the family mourns the loss of Kayleen, Pina says the settlement has at least brought them closure on the legal aspect.
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