School district pays $120K to settle food allergy suit

BEAVERTON, Ore. — The Beaverton School District has agreed to pay $119,500 to settle a federal suit filed by parents arguing that the district failed to take proper precautions to protect their 5-year-old in light of the student’s severe allergies to nut and egg products.

The Oregonian/OregonLive reports before their child started kindergarten at McKinley Elementary School, Anna McFaul and Benjamin Vidic provided the school nurse with a health management plan informing the school of their daughter’s severe allergies.

The school served her a peanut butter and jelly sandwich on her eighth day of school, claiming it was OK to eat because it contained sunflower seed butter, which was false, the suit said.

The school then failed to recognize when the student went into shock, thinking only she was ill, according to the suit. The father rushed his daughter to a hospital where she was admitted to the intensive care unit, the suit said.

The Beaverton School District did not admit liability but agreed to take added measures to ensure its staff are trained to protect students and can properly respond to an allergic reaction.

The district agreed to pay $71,700 to the family impacted and $47,800 to cover their attorney costs, according to records in the U.S. District Court in Portland.