According to the Asthma and Allergy Foundation of America, sixteen states have added epinephrine laws for school this year, joining eleven other states that already had them. *Source: www.aafa.org. Tennessee, which enacted its epinephrine law this October, is the most recent state to enact such a law.
In July 2013, the U.S. House of Representatives passed the School Access to Emergency Epinephrine Act (H.R. 2094) to encourage states to adopt laws requiring schools to have on hand “stock” epinephrine auto-injectors. See School Access to Emergency Epinephrine Act Passed on July 30, 2013 | Food Allergy Lawyers
All the laws of these twenty-seven states allow schools to stock epinephrine without a prescription to treat children suffering from allergic reactions in an emergency situation; however, only four of the twenty-seven states require schools to carry the injectors.
Epinephrine laws not only help children with food allergies, they can also help children who have serious first-time or initial reactions to unknown allergens. Epinephrine suppresses some of the reaction to the allergen and can save a child’s life or prevent further injury.
In Pennsylvania, Senator Matt Smith, D-Allegheny, introduced Bill 898 into legislation in May 2013. The bill requires Pennsylvania schools to stock epinephrine to treat anaphylactic reactions to food allergies. Senator Smith also introduced 2 related bills, SB 896 and SB 897 which provide guidelines and allow public facilities and restaurants to obtain and administer epinephrine in emergency situations.
Under current Pennsylvania law, students are only allowed to carry medication used to treat asthma, such as inhalers, in schools. Bill 898 would expand the law to include Epi-Pens as allergy medicine along with inhalers.
If Bill 898 is enacted, Pennsylvania would join the dozens of other states that have passed similar legislation.
If your child suffered anaphylaxis due to the school’s negligence, he/she may be entitled to compensation. If you would like to discuss your child’s legal rights and help prevent another incident from happening in the future, call the food allergy lawyers at White and Williams LLP at 877.944.8396.