An Atlantic Coast High student died from an allergic reaction to baklava. Now her father is suing DCPS

JACKSONVILLE, Fla. — The father of a high school student who died in 2023 after suffering a nut-related allergic reaction at a school event filed a lawsuit against Duval County Public Schools, saying it lacked the necessary protocols to ensure their safety had not been followed.

The wrongful death lawsuit filed in July 2024 alleges that Kayleen Brown, a 17-year-old graduate of Atlantic Coast High School, died after DCPS employees and/or agents “negligently” failed to advise that food provided at a school assembly contained allergens, failed to educate staff on procedures for treating food allergens, and failed to adhere to its own food allergy treatment and prevention plan.

On April 27, 2023, Brown attended a school event on campus that included food. One of the foods provided was baklava. According to the lawsuit, Brown suffered from a severe allergy to foods that contained allergens, including nuts. According to the lawsuit, DCPS employees were aware of the allergy.

The lawsuit states that Brown had never eaten baklava before and asked if it had nuts in it, but DCPS staff/agents told her it didn’t, so she decided to eat some.

After eating the baklava, Brown realized it contained pistachios.

According to the lawsuit, Brown then began experiencing symptoms related to her food allergy and told a DCPS employee that she had eaten nuts and was now experiencing symptoms. She then left school and went to a local pharmacy to obtain Benadryl to treat these symptoms.

Although DCPS staff were aware of Brown’s symptoms related to her food allergy, Brown “was not taken to the school nurse.” No emergency response was reported. “An emergency response plan was not initiated,” the lawsuit states.

When Brown arrived at the pharmacy, her symptoms worsened and she suffered anaphylaxis and cardiac arrest, the lawsuit says.

Brown fell into a coma and died on April 30, 2023, according to the lawsuit.

The lawsuit states that DCPS has a food allergy treatment and prevention plan in place to ensure a safe and healthy educational environment for students with life-threatening food allergies. The guidelines in that plan required that DCPS employees be trained to recognize symptoms of an allergic reaction, administer epinephrine and notify emergency response if a student is exposed to allergens. The plan also included a contingency plan in case a student reported signs of an allergic reaction. Additionally, students who experience an allergic reaction should not be allowed to go to the school nurse alone or ride the school bus.

The lawsuit states that DCPS has an obligation to care for its students, including Brown, to ensure that foods that have been designated as allergen-free and/or requested to be prepared allergen-free are in fact free of allergens would result in death or serious harm to students, as in Brown’s case.

The lawsuit, which seeks at least $50,000 in damages, alleges that Brown’s death was a “direct and proximate result” of DCPS’ negligence. The lawsuit also requires a jury trial against DCPS.

According to her obituary, Brown loved the beach and painting and drawing. She planned to start her first job and attend FSCJ, followed by UCF.

News4JAX reached out to DCPS regarding this lawsuit and issued the following statement:

“We are very sorry to learn of the tragic death of this young person and our condolences go out to the family. Because this matter appears to be a pending legal proceeding, any response from the district will be within the legal process.”

Duval County Public Schools spokesperson