Well It is official, Brentson has started his 6th grade year with Victory Christian Academy. We are “Home Schooling” it again. I honestly don’t think I would ever want Brent to go back to another public school regardless if the school was considered “Safe” or not. Nor do I think that Brent would ever want to step foot back in one of those schools ever again. We both love Victory Christian Academy! I never thought of myself as someone who would ”Home School” their child. Honestly, that thought had never entered my mind until I was forced to either let the Metro Nashville Public School System sign my child’s ”Death Certificate” or start “Home Schooling” him. That was a no brainier! Therefore, I took him out of the MNPS and enrolled him in Victory Christian Academy. It has been smooth sailing since then. Everyone with Victory Christian Academy has been a huge blessing to us. I would highly recommend ”Victory Christian Academy” to anyone who is interested in “Home Schooling” their child.
Take Care & May God Bless,
Laura & Brentson Duke
7051996@comcast.net
This message is intended for where the writer posted it. Any distribution of this message in any way is prohibited without the written consent of Laura Duke. I reserve the right to pursue all legal means at my disposal to enforce my son’s and my privacy!
*E*C*A*L*L* By GlaxoSmithKline, Undeclared *F*I*S*H* Allergen.March 25th, 2007 by laurabrentsonduke
I received a letter from FAAN today stating that GlaxoSmithKline Consumer Healthcare is recalling “FiberChoice plus Multivitamins” fiber supplement product, due to an undeclared fish allergen. One of the raw materials of the product contains fish gelatin, which was not declared on the product label. The fish gelatin consists of the following species of fish: cod, Pollock, hake, cusk, haddock, redfish, sole, and flounder.
The affected FiberChoice plus Multivitamins fiber supplement were distributed beginning in mid-January throughout the
United States through national retail outlets, including food, drub and mass merchandisers.
The affected product is packaged in 16-oz. plastic bottles (90 count) market with UPC # 5714500581 located on the side of the bottle in black lettering.
No other FiberChoice fiber supplement is affected by this recall.
Consumers who have purchased FiberChoice plus Multivitamins fiber supplement should return it to the retail store where it was purchased for a full refund. Consumers with questions about the product or this recall are encouraged to call GlaxoSmithKline Consumer Healthcare toll-free at (800) 819-0681.
To sign up to receive your alerts by e-mail regarding a “Allergy Warning Recall” please go to
www.foodallergy.org/mailinglist1.html
Take Care, Be Safe & May God Bless,
Laura & Brentson Duke
This message is intended for where the writer posted it. Any distribution of this message in any way is prohibited without the written consent of Laura Duke. I reserve the right to pursue all legal means at my disposal to enforce my son’s and my privacy!
Posted in Allergy Warning Labels, Brentson Duke, Fish Recall, Food Allergies, GlaxoSmithKline, Laura Duke, Recall, anaphylactic food allergies | 1 Comment »
March 17th, 2007 by laurabrentsonduke
Dear Ms. Duke,
Thank you for reaching out to us at Kraft Foods regarding food allergens. As I shared with you when we spoke, I have looked further into this matter and wanted to provide you with an update.
First and foremost, I want to assure you that as part of Kraft’s ongoing commitment to its consumers and food safety, we take the issue of food allergens very seriously. This extends throughout our manufacturing process, from procurement of ingredients to production and labeling of our products, and includes the establishment of clear procedures to control and communicate the presence of potential life-threatening allergens in our products.
I welcome the opportunity to explain our allergen labeling policy so that you will consider Kraft products with confidence in the future. When labeling products we always identify the major allergens as outlined by the U.S. Food and Drug Administration, and we are in full compliance with FALCPA labeling requirements. We have added consumer-friendly language to complex ingredient names on our labels to help consumers, especially children, easily identify the key ingredients that could cause major allergic reactions.
We know that some people may be very sensitive to even minor traces of an allergen and understand concern about potential carryover between products that are manufactured on shared equipment. If the presence of one of these allergens, like peanuts, may be unavoidable despite all the precautions we take, we label the product as follows:
“ALLERGY INFORMATION: MANUFACTURED ON EQUIPMENT THAT PROCESSES PEANUTS.”
Our labeling informs consumers clearly about the potential carryover and the exact allergen that may be present. However, we believe that this type of “may contain” labeling should be used judiciously — only when an allergen could be present despite all precautions to prevent it. Also, the U.S. Food and Drug Administration advises that “may contain” labeling should not be used in place of good manufacturing practices that include cleaning of equipment.
In addition to providing allergen information on our labels, Kraft continues to work towards improving the clarity of that information. To that end, we are in the process of developing plans to enhance allergen labeling on a global basis. This may take the form of a “contains” statement (e.g. “contains wheat and milk”) or bolding allergens within the ingredient statement, depending on available label space and government requirements in the country in which the product will be sold. During the course of the next year, we will be focused on this effort which will include introducing new products to the marketplace bearing the enhanced allergen labeling and adding the enhanced allergen labeling to existing product labels on an ongoing basis.
As always, we encourage consumers to carefully read the product labels and ingredient facts panels, consult the kraftfoods.com website and/or contact Consumer Relations with any questions related to allergens.
We welcome input from consumers like you with suggestions on how to better communicate the presence of allergens in our products. We use this input to evaluate our practices and to consider additional options.
Thank you for taking the time to contact us.
Sincerely yours,
Larry Edwards
Executive Representative
Consumer Relations
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Posted in Food Allergies, Laura Duke, Nut Allergies, Peanut Allergies, anaphylactic food allergies | 1 Comment »
March 16th, 2007 by laurabrentsonduke
Hello Everyone!
I took Brentson to take his Stanford Achievement Test on Monday 03/05/07 and Tuesday 03/06/07. Brentson was a little nervous at first because I made the mistake of telling him that the Stanford Achievement Test was a “TEST.” He was extremely concerned! I told him that all of the school work that he does with the “Home School” is a test and that I grade everything, all of his work. Brentson told me that he doesn’t feel like the work that he does with the “ Home
School” daily is like a test, that he is just doing his work. So, when we arrived at Victory Christian Academy on Monday, 03/05/2007 Pastor Larry advised the children that it was a “Survey” not a “test.” That made all the difference in the world to Brentson and to the other children that are Home Schooled through Victory Christian Academy too. We are supposed to have Brentson’s results in about 2-3 weeks. Brentson said the “survey” was easy… We will see…
May God Bless,
Laura & Brentson Duke
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Posted in Brentson Duke, Brentson’s Law, Food Allergies, Laura Duke, Nut Allergies, Peanut Allergies, anaphylactic food allergies | 1 Comment »
February 22nd, 2007 by laurabrentsonduke
Hello Everyone!
Good morning! Okay, I feel extremely ignorant this morning! I received an email from FAAN (Food Allergy Anaphylaxis Network) and from a lady, Stephanie from PA.COM (Peanut Allergy) advising that companies “do” have to list all of the ingredients. Such as under the ingredients it might say “ENRICHED MACARONI PRODUCT” (WHEAT FLOUR) “WHEY” (FROM MILK) However, they don’t have to go that extra mile to list all known allergens under the “ALLERGY WARNING” &/or “CONTAINS.” Wow, talk about a false sense of security! I guess because so many companies do go that extra mile and list “all” known allergens under “ALLERGY WARNING” &/or “CONTAINS” that those very few companies who don’t will make it much more time consuming for those with anaphylaxis food allergies to shop at the grocery store. This is due to the fact that we will have to read through every single ingredient on a package. (Like it wasn’t time consuming enough already reading every single “ALLERGY WARNING” &/or “CONTAINS” label!) However, now we will be reading every single ingredient label before we purchase anything, regardless if it has an “ALLERGY WARNING” &/or “CONTAINS” label or not! I just wanted to give you guys an update and I have attached the letter from FAAN so if anyone has any questions.
Take Care & May God Bless,
Laura & Brentson Duke
*R*E*A*D* EVERY SINGLE INGREDIENT ON ALL LABELS**
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**************************************
This is an Email that I received from FAAN.
(Food Allergy & Anaphylaxis Food Network)
**************************************
Hi Laura,
Thanks very much for sharing this information. In fact, Kraft labels
are in compliance with the Food Allergen Labeling and Consumer
Protection Act (FALCPA) of 2004, which requires the labeling in plain
terms of all major allergens in the formulation of the product in one
of these ways: either (A) the word `Contains’, followed by the name
of the food source from which the major food allergen is derived, is
printed immediately after or is adjacent to the list of ingredients
(in a type size no smaller than the type size used in the list of
ingredients); or (B) the common or usual name of the major food
allergen in the list of ingredients is followed in parentheses by the
name of the food source from which the major food allergen is derived.Note that as long as the allergen is named by its common term (i.e.,
“milk”) in the list of ingredients, a separate “Contains” statement
is not required.Precautionary labeling (i.e. “may contain” statements) is voluntary
on the part of manufacturers, it is not regulated by the FDA. For
more information on this topic, refer to the Frequently Asked
Questions about FALCPA on the FDA website http://www.cfsan.fda.gov/~dms/alrguid4.html>http://www.cfsan.fda.gov/~dms/alrguid4.htmlHere is what they say in question #16:Does FALCPA require food manufacturers to label their products with
advisory statements, such as “may contain [allergen]” or “processed
in a facility that also processes [allergen]?” No. FALCPA does not address the use of advisory labeling, including
statements describing the potential presence of unintentional
ingredients in food products resulting from the food manufacturing
process. FALCPA does require FDA to submit a report to Congress, a
part of which assesses the use of, and consumer preferences about,
advisory labeling. In earlier guidance, FDA advised that advisory
labeling such as “may contain [allergen]” should not be used as a
substitute for adherence to current Good Manufacturing Practices
(cGMPs). In addition, any advisory statement such as “may contain
[allergen]” must be truthful and not misleading. Kraft has a history of taking allergies very seriously, and had begun
labeling all the allergens in their products, even in the flavoring,
years before the law required it.If you have questions, please let me know.Debbie
Member Communications
The Food Allergy & Anaphylaxis NetworkThis message is intended for where the writer posted it. Any distribution of this message in any way is prohibited without the written consent of Laura Duke. I reserve the right to pursue all legal means at my disposal to enforce my son’s and my privacy!
Posted in Brentson Duke, Brentson’s Law, Food Allergies, Laura Duke, Nut Allergies, Peanut Allergies, anaphylactic food allergies | 1 Comment »
February 21st, 2007 by laurabrentsonduke
Hello Everyone!
First of all, if you, your child or anyone that you care about has an anaphylaxis food allergy… Sit down! Because this is going to royally tick you off!
I made the discovery this morning that “Kraft Foods” AKA “Post” does not put “ALLERGY WARNING LABELS” or “CONTAINS” on any of their products. I called Kraft Foods this morning and spoke with the Executive Manager, Larry Edwards who stated that he is not sure why the wouldn’t have “ALLERGY WARNING LABELS” or “CONTAINS” on any or all of their products. I advised him that the few products that I do have in my home of “theirs” (Kraft Foods) did not have any “ALLERGY WARNING LABELS” on them and all of their products that I have in my home, should have had at least an “ALLERGY WARNING” FOR MILK, SOY, EGGS, WHEAT. I advised Mr. Edwards that their (Kraft Foods) mistake could be an extremely costly and deadly one for someone with an anaphylaxis food allergy and that they better get in compliance with the “FOOD ALLERGY ANAPHYLAXIS FOOD ACT OF 2004” immediately! Mr. Edwards advised that he will get the information that I shared with him to the appropriate people and have them review this to make sure that they are in compliance. I asked Mr. Edwards if he would please contact me once he receives an answer as to why these “ALLERGY WARNING LABELS” were not listed on any of their products? Mr. Edwards stated that he would not be able to contact me back once the information leaves his hands. I advised Mr. Edwards that is fine, but that I would be contacting the FDA that way they can follow up with “Kraft Foods” and make sure that they start complying with this “Federal Law!”
Then I made a call to the FDA and I spoke with a lady named, Sharron. I advised Sharron of what I had discovered and advised her that action needed to be taken immediately due to everyone thinks that it’s mandatory and a “FEDERAL LAW” that requires companies to list all known allergens in a product under the ingredients, under the “ALLERGY WARNING LABEL.” Sharron stated that yes it is a “Federal Law” that requires companies to list all known allergens under the “ALLERGY WARNING LABEL.” However, the FDA gave some companies, that had printed extra labels (on boxes) the okay and option of going ahead and using their labels that were already printed before changing over to the required listing of all known food allergens. I advised Sharron that this law went into effect on January 1, 2006 and these companies should have already used up all of their “old labels!” Sharron advised that the FDA did not give these companies any time frame of which all of these labels would have to be used or they would just have to take a loss on them. I cannot believe that the FDA would be so careless and irresponsible! I am going to contact my U.S. Senator and I would like for everyone else to do so as well. Please forward this to everyone that you know. They usually will not listen to just one of us, but when we all stand together… They don’t have a choice but to listen!
Thank You All & May God Bless,
Laura & Brentson Duke
This message is intended for where the writer posted it. Any distribution of this message in any way is prohibited without the written consent of Laura Duke. I reserve the right to pursue all legal means at my disposal to enforce my son’s and my privacy!
Posted in Allergy Warning Labels, Brentson Duke, Food Allergies, Laura Duke, Nut Allergies, Peanut, Peanut Allergies, anaphylactic food allergies | 1 Comment »
February 10th, 2007 by laurabrentsonduke
Hello Everyone!
I would like to ask everyone to please take a minute out of your time to please sign the following petition to ban all “Peanuts & Nuts: on airline flights. Some flights are “Peanut & Nut FREE.” However, “you must request” a “Peanut & Nut FREE Flight!” About a year ago I was told about a flight that was suppose to be “Peanut & Nut FREE” but the stewardess started handing out “Peanuts” to the passengers. When the “Peanut Allergic” passenger realized what the stewardess was doing he advised her immediately that this was suppose to be a “Peanut FREE” flight and that if anyone opened their peanuts/nuts that he could go into anaphylactic shock and die! This passenger had to pull out his ticket stub and show the stewardess that the flight was supposed to be “Peanut & Nut FREE!” The stewardess stopped and didn’t hand out any more “Peanut & Nuts.” However, this stewardess didn’t take up the “Peanut & Nuts” that she had already handed out. Therefore, even if a “Peanut/Nut Allergic Passenger” request a “Peanut & Nut FREE” flight there could still be a mistake and “Peanuts & Nuts” could still be handed out or there could be residue on the seat belt, fold down table, the seat, etc. from a flight earlier in the day that wasn’t “Peanut & Nut FREE.” Therefore, it still would not be safe for these passengers to fly. There was a story done several months ago (I think on Dateline) on the cleanliness of airline seats, fold down tables, etc. and the results were extremely disturbing for anyone, not to mention someone with an anaphylaxis allergy to “Peanuts & Nuts!” These airlines may serve pretzels instead of “Peanuts &/or Nuts.” Please click on the link below and take a moment to sign this petition to help protect everyone with an anaphylactic food allergy to “Peanuts & Nuts!” You might not have this allergy today, but you could have it tomorrow as Brentson and I both found out the hard way!
http://www.ipetitions.com/petition/nutban/
Thank you & May God Bless,
Laura & Brentson Duke
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October 27th, 2006 by laurabrentsonduke
On Thursday 10/19/2006 Brentson fell down the steps at our apartment complex. When Brentson fell he hit his butt and lower part of his back on the steps. However, he was complaining with his upper stomach and chest hurting. This concerned me greatly because I was afraid he might have ruptured an organ or something else… So, I took him directly to the Emergency Room at Skyline Medical Center. Upon arriving I signed him in and I advised the Emergency Room Attendant at the sign in desk that my son, Brentson needed to be seen because he fell down a flight of steps, but that I needed to advise him that we both have a deadly anaphylactic allergy to peanuts and nuts and that anyone that comes in contact with us and/or comes in the room with us needs to be advised of our allergy. That our anaphylactic peanut & nut allergy is airborne. Therefore, if anyone had eaten anything with peanuts and/or nuts that day that they need to stay away from us. The attendant looked at me like I was crazy. I advised him that he better take what I just told him as “the gospel” because this is extremely serious that our allergy is airborne and it can kill us in a matter of seconds! He said, “He would let everyone know.” The triage nurse called us back, and before Brentson and I walked into the doorway, I asked her, “If she had eaten anything with peanuts and/or nuts that day?” She said, “Yes.” Brent got away from the triage nurse immediately and he went back to sit down in the waiting area. I took several steps back away from the nurse and I told her that the E.R. Attendant was supposed to advise her and anyone else that would have direct contact with us, about our anaphylactic allergy to peanuts and nuts due to our allergy is airborne. The triage nurse apologized and told me that she would get someone else for us that was safe for us to be in the same room with. A few minutes later another triage nurse called Brentson’s name for us to come and get Brentson’s vital signs taken. I asked this triage nurse if she had eaten anything with peanuts and/or nuts and she said, “No.” Praise God! She took Brent’s vital signs and then brought us back to a room in the E.R. Department to be seen. The Registered Nurse walked into the room that would be taking care of Brentson and I asked her if she had eaten anything that day with peanuts and/or nuts? She said, “NO.” I advised her of our anaphylactic allergy to peanuts and nuts. I advised her that Brentson’s allergy is airborne. She said that she understands. I asked the nurse if she was told this information prior to me advising her of it? She said, “No.” When Brentson and I were giving his nurse the information on what happened to him when he fell down the steps a physician that was suppose to take care of Brentson walked into the room. I asked her if she has eaten anything with peanuts and/or nuts that day? She said, “YES.” I asked her to leave the room immediately, due to our anaphylactic allergy to peanuts and nuts! She apologized on her way out the door and said, “That she would send another doctor in the room that hasn’t eaten anything with peanuts and/or nuts.” A few minutes later another physician opened the door and said, “That he was safe!” I still had to ask him, “Have you eaten anything with peanuts and/or nuts today?” This physician said, “No, I haven’t eaten anything with peanuts or nuts today.” He examined Brent and then ordered some blood work and x-rays. The lab tech came into the room to take Brentson’s blood and I asked her if she had eaten anything with peanuts and/or nuts today? She said, “No.” Praise God, but no one told her either about our peanut or nut allergy! Talk about poor communication at Skyline
Medical Center! What communication? When Brentson was getting his blood work done, two x-ray techs came into the room. I asked them if they had eaten anything with peanuts and/or nuts that day? They both said, “Yes.” I asked them to leave the room now! I advised them of our anaphylactic allergy to peanuts and nuts, that Brentson’s allergy is airborne and that they need to leave now! When leaving one of the x-ray techs said that she will get someone else. I was beyond irritated at this point! Then I noticed that Brentson was broken out in hives. We had been exposed to so many people that had eaten peanuts and/or nuts! I stuck my head outside of the room that Brentson was being treated in and I started screaming that I need the physician that was treating Brentson’s and the nurse now! That Brentson was broken out in hives he is having an allergic reaction and they better get him some Benadryl now or I will administer it to him myself! The nurse told me, “that I cannot give him medication when he is in the E.R. that it is against hospital policy!” I advised the nurse, that I honestly didn’t give a damn about your hospital policy that if she didn’t get the doctor in there now that I will give Brent Benadryl and it wasn’t anything she could do about it!!! Needless to say the doctor was there in a split second! However, the Emergency Room Attendant that checked us in at the front desk was walking by the door at the time the physician was coming into the room and he made the comment to Brentson, “Hey, Peanut Butter Boy, I just ate a peanut butter cookie!” What a jerk!!! All I can say, is that he better be glad that I was worried about Brentson’s life at the time or I would have gone after him and he would have gotten a ear full! Some people are unbelievable! After the doctor looked at Brentson he agreed he was having an allergic reaction and he ordered Benadryl for Brent and ordered the nurse to hook Brent up to a heart monitor, blood pressure monitor, and a monitor to measure his oxygen levels. I brought Brentson to the hospital because I was worried about him having a ruptured organ but then all of our worries were shifted on him going into anaphylactic shock! I was furious! Brentson was extremely upset because he was terrified that he was going to have to get his Epi-Pen. I was sitting on the side of the bed trying to calm him down, and he recognized that I was broken out in hives too. I took a dose of Benadryl that I carry in my purse at all times in case we are exposed to something or someone that has eaten peanuts and/or nuts. This E.R. visit was getting worse and worse! What I found to be the most alarming with our visit to the E.R. was that the people who are supposed to be “Medically Educated” and the ones that are suppose to know how to handle this kind of situation did not handle it correctly at all! If we aren’t safe at a hospital, where would we be safe…? NO WHERE! Needless, to say the x-ray techs came back with mask, gloves and gowns on, and they gave Brentson and I mask too. They couldn’t find anyone who hadn’t eaten something with peanuts and/or nuts so the doctor told the x-ray techs if they took this precaution we should be okay. I asked the x-ray techs don’t you think it is little late for you all to start taking precautions now…? We had already been exposed and we were already broken out, the allergic reaction had already started! I guess I should have been thankful that they were finally starting to take precautions, but it was a little too late! I was beyond mad at this point! However, my concerned was to keep us from being exposed to anymore peanuts or nuts and to try to keep us from going into complete anaphylactic shock! The x-ray techs took Brentson’s x-rays and everything looked good. They monitored Brentson for a little while longer due to he was still broken out in hives and they needed to make sure that his allergic reaction didn’t get any worse. Our visit to Skyline Medical Center was a total nightmare! I called the Administrator over the Emergency Room epartment at Skyline Medical Center on Friday 10/20/2006 and advised him of our visit and that I wanted to make a complaint! I advised him that, the E.R. Department at Skyline Medical Center had a complete and total breakdown in communication and due to this they could have killed my son and I both! I asked him if there was a normal policy and procedure in place that the hospital staff should follow when a patient has a severe anaphylactic allergy like Brentson and I have? He said, yes and he was extremely concerned due to not one of the hospital staff members, (triage nurse, the R.N., lab tech, x-ray tech and/or physician) ever looked at Brentson’s “Red Allergy Alert Bracelets” on top of all of the other things that happened. The Administrator over the Emergency Room Department at Skyline Medical Center advised that every staff member (Emergency Room Attendant, Triage Nurse, the R.N., the physicians, the lab tech, and the x-ray techs, etc.) that came in contact with us would be disciplined and made to take classes on how to handle a patient with a severe anaphylactic allergy! This is the only hospital in the Madison, Tennessee area since Tennessee Christian Medical Center closed and started just handling rehab patients. We would have to drive to Nashville which is a good 10 to 15 minutes away to the nearest Emergency Room. So, unfortunately in an emergency we don’t have a choice but to go to Skyline Medical Center. The Administrator called me back yesterday, Thursday 10/26/2006 and advised that the staff didn’t think that our anaphylactic allergy was that serious and/or that severe..? Not that serious? I told them (everyone that came into any contact with us) how deadly and how serious our allergy was, they just chose not to believe me! I guess they wanted to see for themselves if we would go into anaphylactic shock and they wanted to call my bluff! I advised the Administrator that no one in the medical field should act or treat a patient, like we were treated, especially when the patient is telling the medical staff that they have a deadly anaphylactic allergy! I advised the Administrator that all of the hospital staff should always treat a patient that says that he/she has an anaphylactic allergy with extreme precautions, until they find out otherwise about the patients allergy. I hope and pray that we never have to go back to Skyline Medical Center.
Laura & Brentson Duke
This message is intended for where the writer posted it. Any distribution of this message in any way is prohibited without the written consent of Laura Duke. I reserve the right to pursue all legal means at my disposal to enforce my son’s and my privacy!
Posted in Brentson Duke, Food Allergies, Laura Duke, Nut Allergies, Peanut, Peanut Allergies, Skyline Medical Center, anaphylactic food allergies | 1 Comment »
September 7th, 2006 by laurabrentsonduke
On September 12, 2006 it will be an exact year to the date that Brentson almost lost his life at Taylor Stratton Elementary by unknowingly coming into contact with someone who had eaten peanut butter. Brentson and I will not ever be able to get this date or the events of this day out of our minds. We will never be able to forget how horrible this day could have been, but by the grace of God it turned out okay. We have been through so many different emotions in the past year… From literally being “mad as hell, to severely hurt that someone and some people could be so cold and heartless!” To start with Brentson almost died, I had to pull Brentson out of Metro Nashville Davidson County Public Schools and start Home Schooling him through a Christian Home School, and last but certainly not least… We got “Brentson’s Law” passed! I honestly have to say that it has all been worth it, especially if “Brentson’s Law” might help save another child’s life with anaphylaxis food allergies! Through a lot of prayer… Brentson and I both, have been able to forgive this Principal and those at the MNPS for their slow response and non-action when immediate action was needed! We forgive them for ourselves so we can have inner peace and so that we can be right with God. “If you don’t forgive others, then you shouldn’t expect God Himself to forgive you!” Take Care & May God Bless,Laura & Brentson Duke This message is intended for where the writer posted it. Any distribution of this message in any way is prohibited without the written consent of Laura Duke. I reserve the right to pursue all legal means at my disposal to enforce my son’s and my privacy!
Posted in Brentson Duke, Brentson’s Law, Food Allergies, Laura Duke, Nut Allergies, Peanut Allergies, anaphylactic food allergies | No Comments »
August 8th, 2006 by laurabrentsonduke
This is another example of why I was so determined to get legislation put in place to protect children with an anaphylactic reactions due to food allergies, this is where “Brentson’s Law” will come in hand. However, I am still going to fight, with a friend of mine in Pennsylvania, “Lara” to make sure there will be severe consequences for people who knowingly cause, try to induce or induce anaphylaxis in anyone! This is Brentson’s Story on October 27, 2005 the night the Principal made an attempt on his life and the other 5 children that attend that school too!
Taylor Stratton Elementary had a “Family Night Meeting” on Thursday, 10/27/05. Mr. Mitchell coordinated this event that included a hot dog dinner, Halloween treat bags for the children, and door prizes. Brentson and I didn’t make it to the meeting Thursday night at Stratton due to the way Mr. Mitchell, the Principal, and Assistant Principal handled this event. Brentson brought home a letter telling about this event on Friday, 10/21/05. I was concerned over the Halloween treat bags that were to be given out to the children due to Brentson’s peanut allergy. I spoke with Mr. Mitchell on Monday, 10/24/05 and advised him about Brentson and the other children at Stratton that have peanut allergies. (Mr. Mitchell just started working part-time at Stratton a few weeks ago.) He told me that since they did not request that parents bring candy without peanuts or peanut butter products in them, (even though Stratton is supposed to be “peanut free”), Mr. Mitchell said they would just give out the candy at the end of the program. Also, Mr. Mitchell said that Brentson and I could get him a sack of candy and leave before they started the door prizes. This still concerned me greatly, and I advised him of this. He said that they would tell the children not to open the candy until they got home. I advised Mr. Mitchell that telling a child not to open and eat candy is like telling a child not to open a present at Christmas. It isn’t going to work! Therefore, I spoke with the Assistant Principal, on Monday, 10/24/05 also. I advised her that Brentson and I would not be coming to the meeting on Thursday due to the fact they would more than likely have some candy with peanuts or peanut butter in it, and it would not be a safe environment for Brentson. I advised the Assistant Principal that the other parents of children with the peanut allergies need to be aware that there will possibly be candy at Stratton with some form of peanut butter product in it. Therefore, it wouldn’t be safe for their child either. The Assistant Principal assured me that they had already talked about this and that they would remove any candy with peanuts, peanut butter or anything that possibly could have been crossed contaminated with peanuts. Brentson wanted to go Thursday night, but we were running late. I received a call as we were about to walk out the door at 6:20 p.m. that they were handing out candy with peanuts and peanut butter products in them. Snickers and Peanut M & M’s, Reese’s, etc. I called the Assistant Principal on Friday morning, 10/28/05 and asked her what happened on Thursday night. She had told me that any candy with peanuts or peanut butter would be removed and not handed out. Mr. Mitchell said that it wouldn’t be handed out until the end of the meeting right before everyone left. Neither one of those things happened! The Assistant Principal said that the Principal of Stratton and Mr. Mitchell decided to give the children their candy with their hot dog. The Assistant Principal said that she didn’t see anyone eating candy. The parent that called me Thursday night advised there were adults and children eating candy. This was verified by more than one adult. I told the Assistant Principal that I didn’t have a problem not bringing Brentson–that isn’t the issue. However, I do have a problem with her and Mr. Mitchell telling me that they were going to handle it one way and then not doing what they said they were going to do. They compromised my child’s life by not doing what they said and at the very least I should have gotten a phone call after they changed their plans. If they were going to give out candy early and if they were going to give out candy with peanuts and peanut butter products that is fine, but don’t tell me one thing and do another! The Assistant Principal assured me that she was not going to let any of this candy be handed out and that I should bring Brentson. They are playing with my child’s life and they are acting like it’s no big deal! Well it is a big deal, a very big deal and you don’t play with a child’s life like that! If you invited a child to a school function and he/she was in a wheelchair and the parent comes to you tells you her concerns. You assure this parent that everything will be safe for her child to come to this school function. However, when they (mother and child) arrived at the event, the Principal has taken down the wheelchair ramp. The Principal didn’t bother to call to tell this parent that the wheelchair ramp was removed. This is called DISCRIMINATION!
Brentson and some other children that attend Taylor Stratton Elementary have a severe anaphylactic reaction to peanuts. The Principal and all of the staff know this because Brentson almost died at Taylor Stratton Elementary on 09/12/05, due to an anaphylactic reaction by him unknowingly coming into contact with peanuts or peanut butter in music class. I went to the Assistant Principal and the person over the event and advise them of my concerns. I was assured by both of them that it would be safe for my child at this school function and I should bring him. However, they decided not to do what they said to make it a safe environment for my child or the other children with anaphylactic reactions to peanuts to attend this school function. They don’t bother to call and advise me of the changed plans. Therefore, not showing any RESPECT for my child or the other children’s lives with anaphylactic reactions to peanuts! The USDA clearly states that a food allergy that results in an anaphylactic reaction is a “disability.” Therefore, they would have to accommodate Brentson and the other children with deadly food allergies. What they did on Thursday night, 10/27/05 was DISCRIMINATION!
The Principal at Taylor Stratton Elementary knew that her actions on 10/27/05 could have hurt or killed Brentson and the other 5 children that attend Taylor Stratton with anaphylaxis allergies to peanuts, peanut butter, and nuts. What she did that night is called “ATTEMPTED VOLUNTARY MANSLAUGHTER!”
This is where “Lara’s Law” will come into effect to hold people accountable for knowingly putting other people with anaphylaxis food allergies in harms way by knowingly inducing or trying to induce anaphylaxis!
Sincerely,
Laura & Brentson Duke
This message is intended for where the writer posted it. Any distribution of this message in any way is prohibited without the written consent of Laura Duke. I reserve the right to pursue all legal means at my disposal to enforce my son’s and my privacy!
Posted in Brentson Duke, Brentson’s Law, Food Allergies, Lara’s Law, Laura Duke, Nut Allergies, Peanut, Peanut Allergies, anaphylactic food allergies | No Comments »
August 8th, 2006 by laurabrentsonduke
My son, Brentson Duke attends Taylor Stratton Elementary and is in the 4th grade. Over the summer Brentson developed a severe allergic reaction to peanuts and peanut butter. His throat started to close up on him and he couldn’t breathe. At the beginning of the school year everyone was advised about Brentson’s allergy to peanuts and peanut butter products. Mrs. Tina in the Cafeteria, Nurse Cathy and Nurse Clare, F.N.P., and Brentson’s homeroom teacher, Mrs. Greene. On September 12, 2005 he went to school like every other day. However, when his class went to music that morning, Brent started having a severe headache. Brent thought he was just getting a headache, but actually he was starting to have an allergic anaphylactic reaction to something he unknowingly came in contact with in music. The music teacher advised Brent that he could put his head down, because he felt too bad to walk directly across the hall to the School Health Clinic. When he put his head down his throat started close up. (Evidently there was some peanut butter or peanut butter product on the desk or in the air in the music room.) When he was finally able to lift his head and looked up a little while later, the entire class had left music and he was the only person in the room. He walked out of the room and found the music teacher. The music teacher took Brentson to his homeroom teacher, who was still in the hall escorting her students back to the classroom. When Brentson’s teacher Mrs. Greene saw his face she immediately knew something was terribly wrong, and took him straight to the clinic. The School Nurse Cathy immediately thought Brentson was having an allergic reaction. Nurse Cathy asked Brent if “he had eaten anything with peanuts or peanut butter?” He advised, “NO”. I received a call around 10:30 a.m. on Monday 09/12/2005 from Nurse Cathy at the School Health Clinic. Nurse Cathy advised, that she thought Brentson might be having an “allergic reaction”. However, he had a severe headache and she wasn’t 100% certain. I told her that I was on my way to the school right then. When I arrived, Brentson looked bad! He told me he felt like his throat was closing up, like it did when he ate the peanut butter and had to go to the Emergency Room. I signed him out of school and called his pediatricians office immediately and told them I was bringing Brentson into the office. My son lost consciousness on the way to the doctor due to the loss of oxygen he was receiving due to the severe allergic reaction he had at school.After the doctors released Brentson, I contacted Nurse Cathy to advise her that Brent was having a severe allergic reaction and that he went into anaphylactic shock and almost died. I told her what the doctor stated that people with allergies to peanuts and peanut butter products can just breathe the smell of any peanut or peanut butter products and have an anaphylactic reaction.On that same day, Monday 09/12/2005 I tried to contact the principal of Taylor Stratton Elementary, but she was unavailable to speak with me. Therefore, I spoke to the Guidance Counselor at Taylor Stratton Elementary. I advised her of the situation and that I desperately needed her help, that my child almost died from being exposed to some form of peanuts or peanut butter products at school. Mrs. Sullivan advised that she would have to get back with me, due to she did not know how they would deal with this issue. I waited, waited and wait… I did not receive a call from the Principal or the Guidance Councilor. Therefore, on Thursday September 15, 2005 I wrote and then faxed them both a letter expressing my concerns and some suggestions. I still heard nothing… On Friday, September 16, 2005 I went to the school to pick up some more of my son’s assignments, and asked to speak to the Principal. When I did have a chance to speak to the Principal she stated, she did receive my letter, however, they could not restrict peanuts and peanut butter products from the school just because one child has an allergic reaction. I advised her that it was a severe anaphylactic reaction and he could have died! I advised her that if they cannot restrict it from the entire school, then I would like to have it restricted from his classroom. Nurse Sullivan, F.N.P. had drafted a letter with help from someone at the Metro School Board, requesting the children in Brentson’s classroom try not to bring peanuts or peanut butter products due to a child is severe allergy to them and it is life threatening. Nurse Clare, F.N.P. gave the letter to the Principal to ask her to approve it to be sent out to Brentson’s classmates. However, the Principal stated that she contacted the School Board Lawyers and they advised her that they cannot ask the parents not to send peanut butter or peanut butter products because one child has a severe allergic reaction. Mrs. Hayes stated that they would have complaints. So, I guess the Metro Nashville Board of Education and this Principal would rather have a dead child than a complaint…? I advised this Principal that I will not allow her or the
Metro Nashville
School Board to play “RUSSIAN ROULETTE” with my child. The Principal said, “he can eat in the clinic”. It wouldn’t matter because he would still be around children who could have eaten it at lunch or at break time.
The Metro School Board banned “hand sanitize” because “one child” had an allergic reaction. NOT A SEVERE ANAPHYLACTIC REACTION, JUST A REACTION. But my child almost dies, and MNPS and this Principal will not let a letter be sent out “requesting” that they not pack peanut butter products for their children due to this because there might be complaints! This infuriated me and I contacted the
Metro
School Board and the Media. Only after Brentson and I did a story with News Channel 2, with Heather Orne was anything done about this matter. Then this Principal agreed to send out letters to the children and parents requesting that they not pack peanut butter or peanut butter products. The school had educational classes to inform the teachers and children about deadly food allergies. Through my research with the School Nursing Program I have found out that there are a lot of children in Stratton and other Metro Nashville schools with peanut and other food allergies that are deadly, anaphylactic allergies. There wasn’t anything in place to protect children with anaphylaxis food allergies in the state of Tennessee. However, now there is “Brentson’s Law.” To help protect all children with all anaphylaxis food allergies through out the state.
Sincerely,
Laura & Brentson Duke
This message is intended for where the writer posted it. Any distribution of this message in any way is prohibited without the written consent of Laura Duke. I reserve the right to pursue all legal means at my disposal to enforce my son’s and my privacy!
Posted in Brentson Duke, Brentson’s Law, Food Allergies, Laura Duke, Nut Allergies, Peanut Allergies, anaphylactic food allergies | No Comments »
August 8th, 2006 by laurabrentsonduke
I received an email from another Mother who has a child with a peanut allergy. This parent was telling me about Aquafresh Kids Toothpaste having trace amounts of peanuts in it. What alarmed me the most is what she told me next. That GlaxoSmithKline does not have to put any kind of “ALLERGY WARNING” on any product that isn’t food…? I called GlaxoSmithKline this morning, Thursday 08/03/2006 and advised them of my concerns regarding the allegation of Aquafresh Kids Toothpaste being contaminated with some form of peanut or nut oil and this product not being properly labeled with an “Allergy Warning!” I was told that GlaxoSmithKline has received numerous phone calls regarding this issue and I was told that they tested all of the Aquafresh Toothpaste products and everything came out fine and did not show any trace amounts or contamination from peanuts. However, the lady I spoke with couldn’t give me a positive answer that the Aquafresh Kids Toothpaste wasn’t contaminated with some form of nuts and she told me that they aren’t promising that Aquafresh Kids is Peanut FREE either. This is scary and if there is a chance that a product could be contaminated with peanuts, nuts or other known allergens it should have an “ALLERGY WARNING” label! There should not be any exceptions for any companies regardless if the product is food or not! Companies should want to label their product especially if it could make someone extremely sick or kill them…? Brentson and I both are allergic to peanuts and nuts! What concerned me the most is that these companies aren’t regulated to put an “Allergy Warning” label on their products due to these products are not food. There has got to be something done to make all companies put ”Allergy Warning” labels on all products that might contain any and all known allergens. Regardless if the product is shampoo, toothpaste, mouthwash, hair spray, make-up, eye liner, lotion, etc. The key to living with a severe anaphylaxis allergy is strict avoidance, but if these companies are not informing the consumers that their product could contain known allergens someone may die. There has got to be legislation preposed to inform and protect everyone who is having to live with severe anaphylaxis food allergies about products that are non-foods too!
Sincerely,
Laura & Brentson Duke
This message is intended for where the writer posted it. Any distribution of this message in any way is prohibited without the written consent of Laura Duke. I reserve the right to pursue all legal means at my disposal to enforce my son’s and my privacy!
Posted in Allergy Warning Labels, Brentson Duke, Brentson’s Law, Food Allergies, GlaxoSmithKline, Laura Duke, Nut Allergies, Peanut, Peanut Allergies, anaphylactic food allergies | No Comments »
June 21st, 2006 by laurabrentsonduke
June 20, 2006
Principal C.L. Hayes & Metro Nashville Board of Education:
June 20, 2006 the date “Brentson’s Law” became ”The Law” in the state of Tennessee to protect “all children” with anaphylaxis food allergies. The same children that Metro Nashville Public Schools ”refused” to protect in September of 2005 following ”Brentson’s Duke’s” near death experience at Taylor Stratton Elementary!
Do any of you at the Board of Education &/or Principal C.L. Hayes remember what you were doing on 09/12/2005 around 10:00 am?
You probably don’t but let me refresh your memory. This is ”The Date & The Time” that I received a phone call telling me that my child was having an allergic reaction. This is “The Day” that my child and I will “Never” forget! This is “The Day” that my child almost lost his life due to a severe anaphylactic reaction that he had at Taylor Stratton Elementary by him unknowingly coming into contact with someone that had eaten peanut butter! Does 09/22/2005 ring a bell for any of you? Well, this is “The Day” that Principal C.L. Hayes finally returned my phone call from Monday 09/12/2005 when my child almost died at Taylor Stratton! Principal C.L. Hayes finally gets t he time to return my phone call “Nine Business Days” after my child almost died in her care! However, she only returned my call after Dr. G. Patterson (with the Metro Nashville Public School System) made her and only after News Channel 2’s Heather Orne started calling the Board of Education! My mother taught me at an early age that an ounce of compassion goes a long way. Evidently, no one at the “Board of Education nor Principal C.L. Hayes” were taught this by their parents. Therefore, due to the lack of concern by the Board of Education for the welfare and well being of “all” of these children led me to the decision that something had to be done!
What was done is “Brentson’s Law!”
June 20, 2006 the date “Brentson’s Law” became ”The Law” in the state of Tennessee to protect “all children” with anaphylaxis food allergies. The same children that Metro Nashville Public Schools ”refused” to protect in September of 2005 following ”Brentson’s Duke’s” near death experience at Taylor Stratton Elementary!
I bet “You All” will remember “This Date!”
Sincerely,
Laura & Brentson Duke
This message is intended for where the writer posted it. Any distribution of this message in any way is prohibited without the written consent of Laura Duke. I reserve the right to pursue all legal means at my disposal to enforce my son’s and my privacy!
Posted in 2006, Brentson Duke, Brentson’s Law, Food Allergies, Laura Duke, Nut Allergies, Peanut Allergies, September 12, anaphylactic food allergies | No Comments »
June 8th, 2006 by laurabrentsonduke
Information on this page is generally current to within an hour.SB2883 by *Haynes, *Black, *Finney, *Bowers, *Bryson, *Burchett, *Burks, *Cohen, *Cooper, *Crowe, *Crutchfield, *Fowler, *Harper, *Haynes, *Henry, *Herron, *Jackson, *Ketron, *Kilby, *Kurita, *Kyle, *McLeary, *McNally, *Miller, *Norris, *Person, Curtis, *Ramsey, *Southerland, *Tracy, *Wilder, *Williams, *Woodson. (*HB2442 by *Moore, *Jones S, *Hackworth, *Marrero, *Cobb, *Eldridge, *Favors, *Brown, *Rowe, *Turner M, *Brooks (Knox), *McCormick.)Education – Requires the department of education in conjunction with the department of health to develop and make available to each LEA guidelines for the management of students with life-threatening food allergies; requires the LEAs to implement plans based on the guidelines by July 1, 2007. – Amends TCA Section 49-5-415.Summary for SB2883/*HB2442Amendments to SB2883
Amendments to HB2442
SA1173 — Amendment 1-0 to SB2883
HA0898 — Amendment 1-0 to HB2442
SA1290 — Amendment 2-0 to SB2883
SA1612 — Amendment 3-0 to SB2883
Fiscal Note for SB2883/*HB2442
Fiscal Note for SB2883 / HB2442 filed under HB2442
——————————————————————————–
Bill History Section
Actions Taken on SB2883
Action Date
Actions Taken on HB2442
Action Date
Am. withdrawn.(Amendment 3 – SA1612) 5/25/2006 Signed by S. Speaker 6/8/2006
S. Recalled from H. 5/8/2006 Signed by H. Speaker 6/1/2006
Comp. HB Subst (sends SB to dead bill file) 5/3/2006 Enrolled; ready for sig. of H. Speaker. 6/1/2006
Am. withdrawn.(Amendment 2 – SA1290) 5/3/2006 H. concurred in S. am. no. 3 Ayes 93, Nays 0 5/25/2006
Am. withdrawn.(Amendment 1 – SA1173) 5/3/2006 H. Placed on Message Calendar #2 for 5/25/06 5/25/2006
Placed on Sen. Regular Calendar (1) cal. for 5/3/2006 5/1/2006 Passed S. as am., Ayes 30, Nays 0 5/25/2006
Re-ref. to S. Cal. Comm. 4/26/2006 S. adopted am. No.3 5/25/2006
S. Reset on cal. for 4/26/06 4/24/2006 Motion to reconsider adopted. 5/25/2006
Placed on Sen. Regular Calendar (1) cal. for 4/24/2006 4/20/2006 Motion to lift table motion 5/25/2006
Rec. for pass. w/ am., ref. to S. Cal. Comm. Ayes 9, Nays 0 PNV 0 4/19/2006 Placed on Sen. Regular Calendar (1) cal. for 5/25/2006 5/24/2006
Placed on S. Ed. Comm. cal. for 4/19/2006 4/13/2006 Placed on Sen. Regular Calendar (3) cal. for 5/24/2006 5/24/2006
Action Def. in S. Ed. Comm. to 4/19/2006 4/12/2006 H. returned. 5/15/2006
Placed on S. Ed. Comm. cal. for 4/12/2006 4/5/2006 H. Placed on Message Calendar for 5/15/06 5/12/2006
Action Def. in S. Ed. Comm. to 4/12/2006 4/5/2006 Signed by S. Speaker 5/9/2006
Placed on S. Ed. Comm. cal. for 4/5/2006 3/29/2006 Signed by H. Speaker 5/4/2006
P2C, ref. to S. Ed. Comm. 2/22/2006 Enrolled; ready for sig. of H. Speaker. 5/3/2006
Intro., P1C. 2/16/2006 Passed S., Ayes 30, Nays 0 5/3/2006
Filed for intro. 2/15/2006 S. Subst. HB for comp. SB. 5/3/2006
Rcvd. from H., P1C. 3/30/2006
Engrossed; ready for transmission to Sen. 3/27/2006
Passed H., as am., Ayes 97, Nays 0 3/27/2006
H. adopted am.(Amendment 1 – HA0898) 3/27/2006
Sponsor(s) Added. 3/27/2006
H. Placed on Regular Calendar for 3/27/06 3/23/2006
Placed on cal. Calendar & Rules Committee for 3/23/2006 3/21/2006
Ref. to Calendar & Rules 3/20/2006
Rec. For Pass. ref. to: Finance, Ways & Means Committee 3/15/2006
Placed on cal. Education Committee for 3/15/2006 3/8/2006
Rec. For Pass. by s/c ref. to Education Committee 3/7/2006
Sponsor(s) Added. 3/3/2006
Placed on s/c cal K-12 of ED for 3/7/2006 3/1/2006
Action Def. in s/c K-12 of ED to 3/7/2006 2/21/2006
Placed on s/c cal K-12 of ED for 2/21/2006 2/15/2006
Assigned to s/c K-12 of ED 2/15/2006
P2C, ref. to Education 2/8/2006
Intro., P1C. 2/7/2006
Filed for intro. 12/29/2005
This message is intended for where the writer posted it. Any distribution of this message in any way is prohibited without the written consent of Laura Duke. I reserve the right to pursue all legal means at my disposal to enforce my son’s and my privacy!
Posted in post | 4 Comments »
June 2nd, 2006 by laurabrentsonduke
This message is intended for where the writer posted it. Any distribution of this message in any way is prohibited without the written consent of Laura Duke. I reserve the right to pursue all legal means at my disposal to enforce my son’s and my privacy!
Posted in Brentson Duke, Brentson’s Law, Food Allergies, Laura Duke, Nut Allergies, Peanut, Peanut Allergies, anaphylactic food allergies | 1 Comment »
May 26th, 2006 by laurabrentsonduke
laurabrentsonduke Says:
May 26th, 2006 at 4:48 pm eInformation on this page is generally current to within an hour.
SB2883 by *Haynes, *Black, *Finney, *Bowers, *Bryson, *Burchett, *Burks, *Cohen, *Cooper, *Crowe, *Crutchfield, *Fowler, *Harper, *Haynes, *Henry, *Herron, *Jackson, *Ketron, *Kilby, *Kurita, *Kyle, *McLeary, *McNally, *Miller, *Norris, *Person, Curtis, *Ramsey, *Southerland, *Tracy, *Wilder, *Williams, *Woodson. (*HB2442 by *Moore, *Jones S, *Hackworth, *Marrero, *Cobb, *Eldridge, *Favors, *Brown, *Rowe, *Turner M, *Brooks (Knox), *McCormick.)
Education – Requires the department of education in conjunction with the department of health to develop and make available to each LEA guidelines for the management of students with life-threatening food allergies; requires the LEAs to implement plans based on the guidelines by July 1, 2007. – Amends TCA Section 49-5-415.
Summary for SB2883/*HB2442
Amendments to SB2883
Amendments to HB2442
SA1173 — Amendment 1-0 to SB2883
HA0898 — Amendment 1-0 to HB2442
SA1290 — Amendment 2-0 to SB2883
SA1612 — Amendment 3-0 to SB2883
Fiscal Note for SB2883/*HB2442
Fiscal Note for SB2883 / HB2442 filed under HB2442
——————————————————————————–
Bill History Section
Actions Taken on SB2883
Action Date
Actions Taken on HB2442
Action Date
Am. withdrawn.(Amendment 3 – SA1612) 5/25/2006 H. concurred in S. am. no. 3 Ayes 93, Nays 0 5/25/2006
S. Recalled from H. 5/8/2006 H. Placed on Message Calendar #2 for 5/25/06 5/25/2006
Comp. HB Subst (sends SB to dead bill file) 5/3/2006 Passed S. as am., Ayes 30, Nays 0 5/25/2006
Am. withdrawn.(Amendment 2 – SA1290) 5/3/2006 S. adopted am. #3 5/25/2006
Am. withdrawn.(Amendment 1 – SA1173) 5/3/2006 Motion to reconsider adopted. 5/25/2006
Placed on Sen. Regular Calendar (1) cal. for 5/3/2006 5/1/2006 Motion to lift table motion 5/25/2006
Re-ref. to S. Cal. Comm. 4/26/2006 Placed on Sen. Regular Calendar (1) cal. for 5/25/2006 5/24/2006
S. Reset on cal. for 4/26/06 4/24/2006 Placed on Sen. Regular Calendar (3) cal. for 5/24/2006 5/24/2006
Placed on Sen. Regular Calendar (1) cal. for 4/24/2006 4/20/2006 H. returned. 5/15/2006
Rec. for pass. w/ am., ref. to S. Cal. Comm. Ayes 9, Nays 0 PNV 0 4/19/2006 H. Placed on Message Calendar for 5/15/06 5/12/2006
Placed on S. Ed. Comm. cal. for 4/19/2006 4/13/2006 Signed by S. Speaker 5/9/2006
Action Def. in S. Ed. Comm. to 4/19/2006 4/12/2006 Signed by H. Speaker 5/4/2006
Placed on S. Ed. Comm. cal. for 4/12/2006 4/5/2006 Enrolled; ready for sig. of H. Speaker. 5/3/2006
Action Def. in S. Ed. Comm. to 4/12/2006 4/5/2006 Passed S., Ayes 30, Nays 0 5/3/2006
Placed on S. Ed. Comm. cal. for 4/5/2006 3/29/2006 S. Subst. HB for comp. SB. 5/3/2006
P2C, ref. to S. Ed. Comm. 2/22/2006 Rcvd. from H., P1C. 3/30/2006
Intro., P1C. 2/16/2006 Engrossed; ready for transmission to Sen. 3/27/2006
Filed for intro. 2/15/2006 Passed H., as am., Ayes 97, Nays 0 3/27/2006
H. adopted am.(Amendment 1 – HA0898) 3/27/2006
Sponsor(s) Added. 3/27/2006
H. Placed on Regular Calendar for 3/27/06 3/23/2006
Placed on cal. Calendar & Rules Committee for 3/23/2006 3/21/2006
Ref. to Calendar & Rules 3/20/2006
Rec. For Pass. ref. to: Finance, Ways & Means Committee 3/15/2006
Placed on cal. Education Committee for 3/15/2006 3/8/2006
Rec. For Pass. by s/c ref. to Education Committee 3/7/2006
Sponsor(s) Added. 3/3/2006
Placed on s/c cal K-12 of ED for 3/7/2006 3/1/2006
Action Def. in s/c K-12 of ED to 3/7/2006 2/21/2006
Placed on s/c cal K-12 of ED for 2/21/2006 2/15/2006
Assigned to s/c K-12 of ED 2/15/2006
P2C, ref. to Education 2/8/2006
Intro., P1C. 2/7/2006
Filed for intro. 12/29/2005
Posted in Brentson Duke, Brentson’s Law, Food Allergies, Laura Duke, Nut Allergies, Peanut, Peanut Allergies, anaphylactic food allergies | 1 Comment »
May 16th, 2006 by laurabrentsonduke
The House of Representatives returned “Brentson’s Law” to the Senate last night after they passed the newly Amended parts. Now the Senate has to take a final vote (which is just a formality) and then they will send “Brentson’s Law” to Governor Bredesen to sign into law! I just wanted to let you know what happened in the House of Representatives last night.
Take Care & May God Bless,
Laura & Brentson Duke
This message is intended for where the writer posted it. Any distribution of this message in any way is prohibited without the written consent of Laura Duke. I reserve the right to pursue all legal means at my disposal to enforce my son’s and my privacy!
Posted in Brentson Duke, Brentson’s Law, Laura Duke | No Comments »
May 16th, 2006 by laurabrentsonduke
Bill Summary for HB3245 / *SB2760
This bill requires the commissioner of education, in consultation with the department of health and state board of education, to establish a model policy for the management of issues relating to food allergies and anaphylaxis in schools. LEAs must implement this policy within six months after the effective date of this bill.
This bill requires that schools provide a safe school environment and have the capability to maintain incidences of anaphylaxis in any school upon receipt of a written request from a parent or guardian seeking protection of a student from specifically-named foods or products. Written documentation from the student’s physician describing the type of food allergy, the signs and symptoms of an allergic reaction, and the emergency treatment procedures required to resuscitate the child during an allergic reaction would also be required. These documents must be made available to the student’s teacher or teachers; the school nurse, if any; the school principal; and other adult persons the principal determines should be informed of the condition.
If the student participates in extracurricular activities, including field trips and before and after-school care, then trained adult personnel must accompany the child at such activities and must have resuscitation drugs with them. Such personnel would be required to be in visual contact with the child at all times.
Any medications required for emergency handling of a significant allergic reaction would be supplied to the school at the cost of the parent or guardian. The school nurse, or other appropriate personnel including teachers and parent volunteers, would receive training in the recognition of the signs and symptoms and treatment of anaphylaxis as well as the need to summon emergency responders.
This bill requires schools to consider that vending machines on the school premises not be stocked with any snack, food, or item containing an offending allergen within a reasonable period of learning of a student’s allergy. This bill prohibits schools from selling, as part of fund raising, products containing an offending allergen. Those students bringing lunches from outside the school that could contain allergens would be separated from those students who could be contaminated.
This bill also requires schools to consider providing a teaching assistant for any child with documented anaphylaxis. The assistant’s sole purpose would be to guard the child’s safety through constant supervision, monitoring of foodstuffs brought into the allergic child’s environment, riding with the child to and from school on a bus, and observing the child’s safety at all times the school has a loco parentis relationship to the child.
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May 16th, 2006 by laurabrentsonduke
The House of Representatives returned “Brentson’s Law” to the Senate last night, Monday 05/15/2006 after they passed the newly Amended parts. Now the Senate has to take a final vote (which is just a formality) and then they will send “Brentson’s Law” to Governor Bredesen to sign into law! I just wanted to let you know what happened in the House of Representatives last night.
Take Care & May God Bless,
Laura & Brentson Duke
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May 15th, 2006 by laurabrentsonduke
The Tennessee Senate has passed a more strict form of “Brentson’s Law!” The Senate sent “Brentson’s Law” back to the House of Representatives on Friday 05/12/06, and the House will be voting on this again on Monday 05/15/06.
Take Care,
Laura & Brentson Duke
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March 28th, 2006 by laurabrentsonduke
The Food Allergy bill (HB2442) flew through the Full Education committee today, Wednesday 03/15/2006. It is on the Calendar & Rules for tomorrow. When it gets out of there, I believe it will be ready to go to the House floor! I just wanted to let everyone know the good news.
Take Care,
Laura & Brentson Duke
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March 28th, 2006 by laurabrentsonduke
Good morning! The Summary of “Brentson’s Law” – *HB2442 / SB2883″Brentson’s Law” will require the department of education to develop guidelines for the management of students with life-threatening food allergies no later than January 1, 2007. These guidelines would include, but not be limited to:(1) Education and training of school personnel on proper medication procedures and care for students with such allergies;
(2) Procedures for responding to allergic reactions;
(3) Development of individualized health care and action plans for every student with such an allergy; and
(4) Protocols to prevent allergen exposure.There were not any guidelines in place in the state of Tennessee to help protect children with anaphylactic food allergies. My son, Brentson had an anaphylactic reaction at his Elementary School on 09/12/2005 due to cross contamination with some form of PB Product in music class where there isn’t any food allowed. I had to recently take my son out of the Metro Nashville Public School System due to his PA. This was due to the lack of concern and extremely slow response by the MNPS to do what was needed to help protect Brentson and the other 5 children that attended Brentson’s Elementary School with PA’s. The state of Tennessee Attorney General does not recognize PA’s as a disability under Section 504 due to Land vs. Baptist Medical Center. Therefore, they would not make any accommodations prescribed by Brentson’s licensed Pediatrician. This is the first step as far as helping protect children with anaphylactic food allergies in the state of Tennessee.
Take Care & May God Bless,
Laura & Brentson Duke
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March 27th, 2006 by laurabrentsonduke
“Brentson’s Law” passed the House today! It will become law as of January 1, 2007. Yeah! WE ARE SO EXCITED! Thank you all for all of your prayers and support! We couldn’t have done it with out all of ya’ll! Ya’ll are absolutely FABULIOUS!
Take Care & May God Bless,
Laura & Brentson Duke
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March 23rd, 2006 by laurabrentsonduke
We went to Springfield today and registered Brentson for next year with Victory Christian Academy. We decieded to go ahead and go to Crossroads Christian Bookstore and get all of his books, etc. for the upcoming school year too. We are excited about the upcoming school year and hopes that the legislation will be pushed through so that Brentson can go back to school with all of his friends.
Laura Duke
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March 15th, 2006 by laurabrentsonduke
These are the guidelines that I started asking to be implement to help protect all children with anaphylaxis food allergies in the state of Tennessee. This is what I was hoping that “Brentson’s Law” would provide.
ü Mandatory “Education and Safety Training” for ALL schools in the state of Tennessee and their staff on dealing with anaphylaxis allergies.
1. To Anaphylaxis Food Allergies (Peanuts, Peanut Butter, Nuts, Shellfish, Strawberry, Soy, Milk, etc.)
2. Anaphylaxis Allergy to Latex
3. Anaphylaxis Allergy to Bee & Wasp stings ü Mandatory “CPR Training” for all schools in the state of Tennessee and their staff members.ü Individualized “Health Plans/Emergency Plans” in place for every student with an anaphylaxis allergy. To show if the child has an EpiPen or EpiPen Jr., Benadryl dosage that should be given in the event of an anaphylactic reaction. ü Anyone who in “Good Faith” administers “Emergency Medication” to any child/children with an anaphylactic reaction would be covered under the “Good Samaritan Law.” ü Emergency Procedures in place to protect the students with anaphylaxis allergies, at all times. On Field Trips, Before & After Care, Any and All School Activities & Events (Before, During & After School Hours) On or Off the School Property, too. ü Storage for Emergency EpiPens & Benadryl readily available at all times.
ü If a child/children have a deadly anaphylaxis food allergy such as a “Peanut or Nut” allergy, where the child/children may inhale small traces of any Peanuts &/or Nuts from the air and go into anaphylactic shock, these products should be “RESTRICTED” from the school or schools altogether. If the school is going to restrict a product due to a child’s anaphylaxis allergy it must be “ENFORCED” on a daily basis.
ü Remove “ALL” products that contain peanuts or nut from any vending machines if any vending machines are available to teachers, students, and any other staff members. Also, remove any product that could have been cross contaminated with “Peanuts or Nut” products. Almost all candy bars are contaminated or cross contaminated. Example: All M&M’s are contaminated, All Hershey Bars are contaminated, Butterfingers, Twix, Snickers, Kit Kat, Mars Bars, Reese’s Pieces, Almond Joy, Reese’s Cups, 3 Musketeers Bar, Pay Day, Etc.
ü Each School will have an “Anaphylaxis Allergy Action Committee.” This Anaphylaxis Allergy Action Committee will “monitor and enforce” any restrictions. The Committee will include, but not be limited to: The School Nurse, Guidance Councilor, The Principal and/or Assistant Principal, the Cafeteria Staff, Cafeteria Staff, Cafeteria Aids, Teachers, and any parents that would like to get involved and would like to assist. This group that will make up the “Anaphylaxis Allergy Action Committee” will make sure that the rules are followed and enforced on a daily basis.
ü Inform and Educate the parents and students regarding anaphylaxis allergies. Advise them that there are students that attend the school with anaphylaxis allergies to the following: Peanuts, Peanut Butter, Nuts, Soy, Milk, Strawberries, Shellfish, Cinnamon, etc.
ü Provide an alternative Snack/Lunch for child/children that might have brought something to eat that is restricted, due to another child’s anaphylaxis allergy. In this case a note would need to be sent home, reminding the parent that another child attends the same school with a severe anaphylaxis allergy to the following: Peanuts, Peanut Butter, Nuts, Soy, Milk, Strawberries, Shellfish, Cinnamon, etc. Ask this parent again to please pack a snack/lunch that will be safe for everyone.
May God Bless,
Laura & Brentson Duke J
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March 15th, 2006 by laurabrentsonduke
The Food Allergy bill (HB2442) flew through the Full Education committee today, Wednesday 03/15/2006. It is on the Calendar & Rules tomorrow. When it gets out of there, I believe it will be ready to go to the House floor! We’re so excited! I just wanted you all to know how much Brentson and I appreciate your thoughts, prayers and your support through this ordeal.
Take Care,
Laura & Brentson Duke
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March 13th, 2006 by laurabrentsonduke
I will be doing an interview with Leslea Harmon tonight Monday 03/13/2006 at 7:00 pm on Allergy Alert Stuff. The link to the website is
http://allergyware.wordpress.com/ . Check out the website it is very informative.
Take Care,
Laura & Brentson Duke
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March 13th, 2006 by laurabrentsonduke
Dear Senator Jim Cooper:
The law that went into effect this year to make manufactures list all known allergen sources in a product has been extremely helpful when shopping at the store. However, if you are away from home and have to eat out it can be extremely difficult. I am proposing that legislation be put into place to make all restaurants have an ingredient statement on every item on their menu for all known allergen sources. Such as the following contains: Milk protein, egg protein, peanut protein, soybean protein, wheat protein, shellfish protein, and corn protein, etc.
Example: Dairy Queen Blizzard- Contains MILK, and trace amounts of PEANUTS.
I have found that most of the world is not allergy friendly. However, with the number of food allergies on the rise, we need to make all of the ingredient information as assessable as possible to the public. Therefore, when you have no choice but to eat out, that you can make an informed decision on what you can and can not eat. I would greatly appreciate it if you will draft this bill to help the people that suffer with anaphylaxis food allergies.
Sincerely,
Laura Duke
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I got a response from Sen. Burchett’s assistant Alice F. Burchett, on 03/02/06.
Senator Burchett has SB761/HB1279 that he introduced last year. As written right now this would require any food service establishment to have a person available to answer consumer inquiries about food ingredients and provide a list of ingredients for each food item served. Right now the bill is in the General Welfare Committee.
Please feel free to check with us if you want any additional information.
Alice F. Bigham
Assistant to Sen. Burchett
Posted in Brentson Duke, Brentson’s Law, Food Allergies, Laura Duke, Nut Allergies, Peanut Allergies, SB761/HB1279 Eating Out at Restaurants, anaphylactic food allergies | No Comments »
March 12th, 2006 by laurabrentsonduke
Common food allergies in children are milk, eggs, soy, wheat and peanuts. A recent survey in the United States suggests that 0.7 % of children are allergic to peanuts. Sensitivity to many other foods, especially milk, eggs, and soy tend to resolve with age, whereas allergy to peanuts and tree nuts often begins in infancy but fails to improve with age. For the reasons that are still unclear, peanut allergy is associated with fatal anaphylaxis more than any other food.Food allergies usually occur in individuals who also have other manifestations of allergic disease such as hay fever, asthma, and eczema. People with these allergic disorders have greater tendency to develop sensitivities to food. Since allergies tend to be inherited, family members are often allergic as well although not necessarily with the same allergies. Although allergies to specific foods are not inherited per se, the tendency to be allergic to food in general is genetic. Some recent studies now suggest the possibility of genetic transmission of peanut allergy, but the results are still inconclusive.Peanuts were cultivated for food at least as early as 2,000 to 3,000 B.C.
The American biochemist George Washington Carver is given credit for developing the many modern uses of peanuts.
In 1989, Bock and Atkins showed that peanut allergy in childhood usually persists into adulthood.
In the United States there is up to two to five-million Americans are affected by peanut allergy. Approximately three million Americans, including both children and adults suffer from peanut and nut allergies.
Dr. Hugh Sampson, a prominent investigator in the field of food allergy is in the process of developing a vaccine for people that have peanut allergies. Dr. Hugh Sampson is with the New York’s Mount Sinai School of Medicine, has observed an increase of 55% in the number of peanut-allergic patients, both children and adults.
Peanuts are vegetables and nuts are fruits. Peanuts (botanical name Arachia hypogea) are actually members of the legume family which includes lentils, soybeans, peas, black-eye peas, chick peas, lima beans, kidney beans, green beans, and garbanzo beans. There are many hidden sources of peanuts artificial nuts can be peanuts that have been deflavored and reflavored with another nut. Mandelonas are peanuts soaked in almond flavoring. Arachis oil is peanut oil. It is advised that peanut allergic patients avoid chocolate candies unless they are absolutely certain there is no risk of cross-contamination during manufacturing process. African, Chinese, Inonesain, Mexican, Thai, and Vietnamese dishes often contain peanuts, or are contaminated with peanuts during preparation of other types of meals. Foods sold in bakeries and ice cream shops are often in contact with peanuts too. Many brands of sunflower seeds are produced on equipment shared with peanuts. Alternative nut butters (such as cashew butter) are often produced on equipment used to process peanut butter and thus present a risk. Cold pressed, expelled and extruded peanut oil can produce allergic reactions. Avoid “Food Additive 322.” Also avoid: beer nuts, ground nuts, and mixed nuts. “Nu-Nuts” flavored nuts, chili, egg rolls, hydrolyzed plant protein, hydrolyzed vegetable protein, marzipan, and nougat.
You can be allergic to multiple foods, including foods in the same family, but this is usually a result of separate allergies and not a common cross reacting allergy. If you are allergic to peanuts, you should also avoid tree nuts unless allergy testing is negative or unless you have previously tolerated tree nuts.
Thirty-five percent of peanut-allergic people are also allergic to tree nuts, but only ten percent of peanut-allergic people are allergic to legumes.
In 1997, a case reported was published in the New England Journal of Medicine of a liver and kidney transplant recipient who developed a new peanut allergy. His donor organs apparently came from a man who had died from peanut anaphylaxis after eating satay sauce containing peanuts. The recipient had no prior history of peanut or food allergy. Three months after his transplant, the patient developed a skin rash and swelling of his throat after eating peanuts. The transfer of peanut allergy to the recipient most likely was the result of the transfer of white blood cells contained in the donor liver called B cells which produce peanut-specific IgE. Similar transfer of peanut allergy with bone marrow transplantation has been reported. Because transplant recipients take drugs to suppress their normal immune response to allow survival of the donated organ, cells of the donor immune system are not destroyed by the recipient. This allows cells of the immune system such as B cells which produce peanut-specific IgE contained in the bone marrow, to survive, and these transplanted cells will perpetuate the peanut allergy in the transplant recipient. Organ transplant recipients should be warned of the possibility of their developing allergic reactions if their organ donor has a history of food allergies.
There are reports in the medical literature of people experiencing allergic reactions merely from smelling the odor of foods they are allergic to. Cooking fumes, in particular, have been cited as triggers of asthma attacks and runny-nose symptoms.
Manufacturers are required to list ingredients on labels, especially highly allergenic foods such as peanut. Careful reading of labels is obviously helpful and important but sometimes not enough.
Air Carriers Access Act of 1986 which guaranteed access to airlines for the disabled, prompted the department to issue a recommendation in August of 1998, that all airlines provide, on request, a three-row peanut-free buffer zone for a passenger with a medically documented peanut allergy. A number of airlines subsequently announced peanut-free flights for peanut-allergic passengers on their request. Policies are subject to change so it is always wise to contact your airline before making reservations. The social and legal aspects of this question are very similar to those related to airline peanut exposure. Some preschools and schools have, in fact, banned peanuts from the classrooms and cafeterias. This is depended in large part of the number of students affected in the school and community, the efforts of the parents to be heard, and the willingness of the school system and community to make accommodations. Hand washing before and after eating greatly decreases the cross-contamination problem. The nurse can use a special light which shows the spots children have missed after hand washing. This helps not only the issue of food allergies, but reinforces good hygiene as well.
The Medic-Alert bracelet is a metal tag engraved with an individual’s name and vital information in case of emergency, usually the diagnosis a list of allergies and brief instructions. The tag can be worn as a bracelet around the wrist or on a chain around the neck.
Peanuts are one of the main causes of food allergies and together with tree-nut allergies, are the leading cause of fatal and near-fatal food anaphylaxis.
Most people do not outgrow peanut allergies. The symptoms of allergic reactions are itching, hives, severe headache, swelling of face, throat, tongue, abdominal pain, vomiting and diarrhea, difficulty breathing, wheezing, dizziness, loss of consciousness and shock. The entire body is shutting down. The lungs, heart, and kidneys.
Anaphylaxis is a systemic reaction that can lead to cardiovascular collapse and death. It requires immediate treatment with epinephrine. Since there is no cure as yet for peanut allergy, strict avoidance is the key to management.
Accidental ingestion’s and cross-contamination are a fact of life. Twenty-five percent of peanut-allergic patients have had accidental ingestions and reactions in the preceding year.
Be prepared to deal with accidental ingestion’s or cross-contamination with peanuts wile eating and traveling outside of your home. Peanut allergic individual should have epinephrine with him/her at all times. A rapid-acting antihistamine such as Benadryl should be kept as well. Epinephrine is the only drug that will treat anaphylaxis. It is better to over treat with epinephrine rather than to under treat. You should create a written action plan with your physician and file it with a medical office at the workplace or nurse’s office in school. Reading labels and ingredient list are crucial in protecting yourself from an anaphylaxis reaction. Be aware of the problem of hidden allergens, cross-contamination, and indirect exposures. When eating outside the home, inform people of your allergy; especially food servers, restaurant staff, school cafeteria staff, airline staff, and so forth.
Peanut oil may not b e safe if it has been contaminated through cooking or if it is crude, cold pressed, or unrefined.
Peanut allergy is caused by a specific Immunologic response to peanut protein. Peanut allergy is usually genetically determined and inherited. Peanut allergy is more common in an individual who has other allergic diseases, such as hay fever, asthma, or eczema, and is more common in close relatives such as siblings, parents, and other relatives who have allergic disease. Parents with allergic diseases will have children at higher risk of developing allergic disease, including food allergy. Potentially allergic infants should be breast-fed for the first six months to minimize exposure and sensitization to food proteins. Ideally, the maternal diet should not contain highly allergenic food such as peanuts, tree nuts, and seafood.
The highly allergenic food, such as peanuts, tree nuts, and seafood should be withheld from the potentially allergic child’s diet until age three years. In general, this appears to be the general age at which the child’s immune system and gastrointestinal tract is able to handle and process these highly allergenic foods.
Knowledge of the molecular structure of the peanut allergens may enable the development of novel vaccines to treat a peanut allergy. Advanced biotechnological techniques may lead to new strains of genetically engineered peanuts that do not cause allergic reactions. Until then, education, increasing public awareness and prevention remain the principal approaches to this increasingly common and deadly problem.
This message is intended for where the writer posted it. Any distribution of this message in any way is prohibited without the written consent of Laura Duke. I reserve the right to pursue all legal means at my disposal to enforce my son’s and my privacy!
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March 12th, 2006 by laurabrentsonduke
January 6, 2005
Dear Governor of Tennessee:
I had to go to a meeting to update Brentson’s 504/IEP at Stratton on 01/04/06. They are trying to kick Brentson off “homebound” and make him return to school with out the school environment being “Peanut Free.” Brent’s Pediatrician said, that he cannot return until the entire school environment is “Peanut Free!” However, they are still trying to kick him off Homebound. I have another meeting on Friday 01/13/06 so that I could get another letter from Brentson’s Pediatrician. I’d gotten a new letter from them (Brent’s Pediatrician) right before I went to this meeting on 01/04/06 and it clearly stated that until the entire school environment is peanut free and it is enforced on a daily basis, that Brent cannot return to school. Brentson got so upset over just the thought of them making him go back, he started having severe anxiety attacks. His heart was beating 195 times a minute, his blood pressure was extremely high, and his Pediatrician has put him on Valium. I need help! They are also saying that the America’s Disability Act states that food allergies that result in an anaphylactic reaction are not considered to be a “disability.” Therefore, Brentson’s “Peanut Allergy” would not qualify under the guidelines of Section 504. However, the USDA clearly states that anyone with an anaphylactic reaction due to food allergies would be considered a “disability.” The school said, that since Rep. Gary Moore is going to propose this “Law” this month, it could be about a year before the new law is enforceable. (They don’t want to pay for a ”Homebound Teacher” that long of a period.) Metro Schools are saying that they cannot enforce a “Peanut Free” school environment but that is not true! I was told by the Metro School Board that ”Pedro Garcia & Tina Bozeman” can enforce “Peanut Free School Environment!” I have contacted them repeatedly since the beginning of November and asked them to “ENFORCE PEANUT FREE” and “they” will not even respond to any of my emails or telephone calls! Please let me know if you know anyone that can help, because I will not let Brentson go back to school until the “ENTIRE” school environment is “PEANUT FREE!” I will go to jail first, because what kind of parent would I be if I to sent my child to school in an environment that is not safe! Also, I would be going against the orders of his Pediatrician too! The Metro School System is just begging to be “SUED!”I look forward to hearing from you soon.
Sincerely,
Laura Duke
This message is intended for where the writer posted it. Any distribution of this message in any way is prohibited without the written consent of Laura Duke. I reserve the right to pursue all legal means at my disposal to enforce my son’s and my privacy.
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This follow letter was written by Brentson’s Pediatrician on January 16, 2006, to Larry Brinton about Brentson’s anaphylaxis allergy to “Peanuts & Peanut Butter.”
Dear Mr. Larry Brinton:
Some background on me: I am a board certified pediatrician, at The Children’s Clinic and I am Brentson’s primary care physician.The absurdity of this situation is unbelievable. Brentson has a true life threatening allergy to peanuts and his mother is being asked to willingly place him in a potentially dangerous situation. I have tried to think of an analogy to convey how ludicrous this is. It is almost as if the school is telling parents there may be deadly venomous snakes at the school. There is a chance their child may be bitten by these snakes. However, their child must still attend school, and if they are absent from school the parent will be prosecuted for truancy. Peanuts are truly this lethal to Brentson. This is not just a stomach ache or sore throat from coming in contact with peanuts. This is an immediate swelling and closing off of his airway. The problem is that he is so allergic that if he touches a surface peanuts have been in contact with and then touches his mouth he will react with swelling of his airway.
Recently Brentson has begun to have anxiety and panic attacks. He is having nightmares that he is at school and someone touches him with a peanut and he dies. He now is on medication for anxiety at the age of 9.
Brentson has a medical illness which can be very deadly very quickly. It is important that this be treated with the same seriousness as a student who has asthma or diabetes. Just as in these illnesses, it takes a team approach including the parent, school, student, and physician to insure the child’s safety.
Sincerely,
Brentson’s Pediatrician with The Children’s Clinic
This message is intended for where the writer posted it. Any distribution of this message in any way is prohibited without the written consent of Laura Duke. I reserve the right to pursue all legal means at my disposal to enforce my son’s and my privacy!
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February 21, 2006
Legislation Proposed in front of the House of Representatives in Nashville, Tennessee.
Edited to add the link: www.legislature.state.tn.us
“Bill Summary for *HB2442 / SB2883 This bill would require the department of education to develop guidelines for the management of students with life-threatening food allergies no later than January 1, 2007. These guidelines would include, but not be limited to:(1) Education and training of school personnel on proper medication procedures and care for students with such allergies;
(2) Procedures for responding to allergic reactions;
(3) Development of individualized health care and action plans for every student with such an allergy; and
(4) Protocols to prevent allergen exposure.Based on these guidelines, this bill would require each LEA to implement, by July 1, 2007, a management plan for students suffering from such allergies.”
Sent on February 23, 2006 and it was sent to all of the State Board of Education in all of the 50 States in the United States.
To Whom It May Concern:
My son, Brentson Duke has a severe peanut allergy. The Metro Nashville Public School System in Tennessee does not recognize Brent’s anaphylaxis food allergy as a disability under Section 504 or IDEA, per the State of Tennessee Attorney Generals Report opinion No. 05-178. I strongly disagree with that opinion from the State of Tennessee Attorney General. I am working with Representative Gary Moore’s office with the House of Representatives in Tennessee to put legislation in place to make school systems in the state of Tennessee work with health care providers to come to a resolution in protecting these children with anaphylaxic food allergies. I’ve recently had to pull my child out of the public school system in Nashville and I’ve started to home school him until this legislation can be put in place to hold school systems accountable for their actions. We went in front of the House of Representatives on Tuesday 02/21/06, and they have asked for copies of programs that other states or school districts have put in place to protect children with anaphylaxis food allergies. I did not know if the State Board of Education has a State-wide plan for an Allergy Free School Program or if there are individual school districts that have programs in place? If you would please forward any information that you believe would be helpful I would greatly appreciate it. If you have any questions please do not hesitate to contact me.
Sincerely,
Laura Duke
This message is intended for where the writer posted it. Any distribution of this message in any way is prohibited without the written consent of Laura Duke. I reserve the right to pursue all legal means at my disposal to enforce my son’s and my privacy. *******************************************************March 7, 2006 Hello Everyone, Brentson and I have got some *G*R*E*A*T* NEWS! The bill passed the sub committee today, and it is going to the Full House Committee next week. I don’t understand exactly how all of this works but I am learning as we go along. Which is always a good thing… 
So, if I ever have to go after someone or should I say, some “School District,” ever again (to make them do the right thing) by then I’ll be a ”pro” at it… LOL! I hope you all are having a good day.Take Care & May God Bless,
Laura & Brentson Duke This message is intended for where the writer posted it. Any distribution of this message in any way is prohibited without the written consent of Laura Duke. I reserve the right to pursue all legal means at my disposal to enforce my son’s and my privacy!
Posted in Brentson Duke, Brentson’s Law, Food Allergies, Laura Duke, Letter from Brentson’s Pediatrician, Nut Allergies, Peanut, Peanut Allergies, anaphylactic food allergies | No Comments »
March 12th, 2006 by laurabrentsonduke
Chapter One of Brentson’s Anaphylaxis Allergy to Peanut Butter Products. September 2005 My son, Brentson Duke attends Taylor Stratton Elementary and is in the 4th grade. Over the summer Brentson developed a severe allergic reaction to peanuts and peanut butter. His throat started to close up on him and he couldn’t breathe. At the beginning of the school year everyone was advised about Brentson’s allergy to peanuts and peanut butter products. Mrs. Tina in the Cafeteria, Nurse Cathy and Nurse Clare, F.N.P., and Brentson’s homeroom teacher, Mrs. Kristy Greene. On September 12, 2005 he went to school like every other day. However, when his class went to music that morning, Brent started having a severe headache. Brent thought he was just getting a headache, but actually he was starting to have an allergic anaphylactic reaction to something he unknowingly came in contact with in music. The music teacher advised Brent that he could put his head down, because he felt too bad to walk directly across the hall to the School Health Clinic. When he put his head down his throat started close up. (Evidently there was some peanut butter or peanut butter product on the desk or in the air in the music room.) When he was finally able to lift his head and looked up a little while later, the entire class had left music and he was the only person in the room. He walked out of the room and found the music teacher. The music teacher took Brentson to his homeroom teacher, who was still in the hall escorting her students back to the classroom. When Brentson’s teacher Mrs. Kristy Greene saw his face she immediately knew something was terribly wrong, and took him straight to the clinic. The School Nurse Cathy immediately thought Brentson was having an allergic reaction. Nurse Cathy asked Brent if “he had eaten anything with peanuts or peanut butter?” He advised, “NO”. I received a call around 10:30 a.m. on Monday 09/12/2005 from Nurse Cathy at the School Health Clinic. Nurse Cathy advised, that she thought Brentson might be having an “allergic reaction”. However, he had a severe headache and she wasn’t 100% certain. I told her that I was on my way to the school right then. When I arrived, Brentson looked bad! He told me he felt like his throat was closing up, like it did when he ate the peanut butter and had to go to the Emergency Room. I signed him out of school and called his pediatricians office immediately and told them I was bringing Brentson into the office. My son lost consciousness on the way to the doctor due to the loss of oxygen he was receiving due to the severe allergic reaction he had at school. After the doctors released Brentson, I contacted Nurse Cathy to advise her that Brent was having a severe allergic reaction and that he went into anaphylactic shock and almost died. I told her what the doctor stated that people with allergies to peanuts and peanut butter products can just breathe the smell of any peanut or peanut butter products and have an anaphylactic reaction. On that same day, Monday 09/12/2005 I tried to contact Mrs. Constance Hayes, the principal of Taylor Stratton Elementary, but she was unavailable to speak with me. Therefore, I spoke to Mrs. Sullivan the Guidance Counselor at Taylor Stratton Elementary. I advised Mrs. Sullivan of the situation and that I desperately needed her help that my child almost died from being exposed to some form of peanuts or peanut butter products at school. Mrs. Sullivan advised that she would have to get back with me, due to she did not know how they would deal with this issue. I waited, waited and wait… I did not receive a call from Mrs. Sullivan or Mrs. Hayes. Therefore, on Thursday September 15, 2005 I wrote and then faxed Mrs. Hayes and Mrs. Sullivan a letter expressing my concerns and some suggestions. I still heard nothing… On Friday, September 16, 2005 I went to the school to pick up some more of my son’s assignments, and asked to speak to Mrs. Hayes. Mrs. Hayes stated, she did receive my letter, however, they could not restrict peanuts and peanut butter products from the school just because one child has an allergic reaction. I advised her that it was a severe anaphylactic reaction and he could have died. I advised her that if they cannot restrict it from the entire school, then I would like to have it restricted from his classroom. Nurse Clare Sullivan, F.N.P. had drafted a letter with help from someone at the Metro School Board, requesting the children in Brentson’s classroom try not to bring peanuts or peanut butter products due to a child is severe allergy to them and it is life threatening. Nurse Clare, F.N.P. gave the letter to Mrs. Hayes to ask her to approve it to be sent out to Brentson’s classmates. However, Mrs. Hayes stated that she contacted the School Board Lawyers and they advised her that they cannot ask the parents not to send peanut butter or peanut butter products because one child has a severe allergic reaction. Mrs. Hayes stated that they would have complaints. So, I guess Mrs. Hayes would rather have a dead child than a complaint. I advised Mrs. Hayes that I will not allow her or the Metro
School Board to play “RUSSIAN ROULETTE” with my child. Mrs. Hayes said, “he can eat in the clinic”. It wouldn’t matter because he would still be around children who could have eaten it at lunch or at break time. The Metro School Board banned “hand sanitize” because “one child” had an allergic reaction. NOT A SEVERE ANAPHYLACTIC REACTION, JUST A REACTION. But my child almost dies, and Mrs. Hayes will not let a letter be sent out “requesting” that they not pack peanut butter products for their children due to this because there might be complaints. This infuriated me and I contacted the Metro
School Board and the Media. Only after Brentson and I did a story with News Channel 2, with Heather Orne was anything done about this matter. Then the principal, Mrs. Constance Hayes agreed to send out letters to the children and parents requesting that they not pack peanut butter or peanut butter products. The school had educational classes to inform the teachers and children about deadly food allergies. Through my research with the School Nursing Program I have found out that there are a lot of children in Stratton and other Metro schools with peanut and other food allergies that are deadly, anaphylactic allergies. However, there is nothing in place with the Metro
School Board stating that this is a disability. Under the USDA guidelines it clearly states that any child with an anaphylactic reaction to any food is considered a disability. Knox
County and Rutherford
County
Schools have restricted all peanut butter products from their schools due to this deadly allergy. Peanuts and peanut butter products are banned on airlines now because of this. It is strange and terrifying but peanut and nut allergies come on unexpectedly. My son and I both have always eaten peanut butter. However, he had a severe anaphylactic reaction about 2 weeks prior to school starting. Your child or grandchild is just as likely to develop an allergy to peanut butter products as mine. The scary part is that you may not realize what a severe problem you have until your child passes out or worse. That is why I am proposing legislation to be put into place to help protect “our children”. Every child is supposed to be provided a safe learning environment. However, for children with severe anaphylactic food allergies, school can be a deadly place. I would like to see laws implemented to hopefully make all schools a safer environment for Brentson and other children with a potentially deadly allergy to peanuts or any other products. Our children are the future and we must protect them. I sincerely hope and pray that no one else will have to experience the trauma that my child and I went through because the necessary precautions had not been taken to protect “our children”. Sincerely,
Laura Duke This message is intended for where the writer posted it. Any distribution of this message in any way is prohibited without the written consent of Laura Duke. I reserve the right to pursue all legal means at my disposal to enforce my son’s and my privacy! Chapter Two of Brentson’s Anaphylactic Allergy to Peanut Butter Products. October 2005 This is another example of why legislation must be put in place to protect children with anaphylactic reactions due to food allergies. Taylor Stratton Elementary had a “Family Night Meeting” on Thursday, 10/27/05. Mr. Joseph Mitchell coordinated this event that included a hot dog dinner, Halloween treat bags for the children, and door prizes. Brentson and I didn’t make it to the meeting Thursday night at Stratton due to the way Mr. Joseph Mitchell, Principal Constance Hayes, and Assistant Principal Jacqueline Kinzer handled this event. Brentson brought home a letter telling about this event on Friday, 10/21/05. I was concerned over the Halloween treat bags that were to be given out to the children due to Brentson’s peanut allergy. I spoke with Mr. Mitchell on Monday, 10/24/05 and advised him about Brentson and the other children at Stratton that have peanut allergies. (Mr. Mitchell just started working part-time at Stratton a few weeks ago.) He told me that since they did not request that parents bring candy without peanuts or peanut butter products in them, (even though Stratton is supposed to be “peanut free”), Mr. Mitchell said they would just give out the candy at the end of the program. Also, Mr. Mitchell said that Brentson and I could get him a sack of candy and leave before they started the door prizes. This still concerned me greatly, and I advised him of this. He said that they would tell the children not to open the candy until they got home. I advised Mr. Mitchell that telling a child not to open and eat candy is like telling a child not to open a present at Christmas. It isn’t going to work! Therefore, I spoke to Mrs. Kinzer, the Assistant Principal, on Monday, 10/24/05 also. I advised her that Brentson and I would not be coming to the meeting on Thursday due to the fact they would more than likely have some candy with peanuts or peanut butter in it, and it would not be a safe environment for Brentson. I advised Mrs. Kinzer that the other parents of children with the peanut allergies need to be aware that there will possibly be candy at Stratton with some form of peanut butter product in it. Therefore, it wouldn’t be safe for their child either. Mrs. Kinzer assured me that they had already talked about this and that they would remove any candy with peanuts, peanut butter or anything that possibly could have been crossed contaminated with peanuts. Brentson wanted to go Thursday night, but we were running late. I received a call as we were about to walk out the door at 6:20 p.m. that they were handing out candy with peanuts and peanut butter products in them. Snickers and Peanut M & M’s, Reese’s, etc. I called Mrs. Kinzer on Friday morning, 10/28/05 and asked her what happened on Thursday night. She had told me that any candy with peanuts or peanut butter would be removed and not handed out. Mr. Joseph Mitchell said that it wouldn’t be handed out until the end of the meeting right before everyone left. Neither one of those things happened! Mrs. Kinzer said that Principal Hayes and Mr. Mitchell decided to give the children their candy with their hot dog. Mrs. Kinzer said that she didn’t see anyone eating candy. The parent that called me Thursday night advised there were adults and children eating candy. This was verified by more than one adult. I told Mrs. Kinzer that I didn’t have a problem not bringing Brentson–that isn’t the issue. However, I do have a problem with her and Mr. Mitchell telling me that they were going to handle it one way and then not doing what they said they were going to do. They compromised my child’s life by not doing what they said and at the very least I should have gotten a phone call after they changed their plans. If they were going to give out candy early and if they were going to give out candy with peanuts and peanut butter products that is fine, but don’t tell me one thing and do another! Mrs. Kinzer assured me that she was not going to let any of this candy be handed out and that I should bring Brentson. They are playing with my child’s life and they are acting like it’s no big deal! Well it is a big deal, a very big deal and you don’t play with a child’s life like that! If you invited a child to a school function and he/she was in a wheelchair and the parent comes to you tells you her concerns. You assure this parent that everything will be safe for her child to come to this school function. However, when they (mother and child) arrived at the event, the Principal has taken down the wheelchair ramp. The Principal didn’t bother to call to tell this parent that the wheelchair ramp was removed. This is called DISCRIMINATION! Brentson and some other children that attend Taylor Stratton Elementary have a severe anaphylactic reaction to peanuts. The Principal and all of the staff know this because Brentson almost died at Taylor Stratton Elementary on 09/12/05, due to an anaphylactic reaction by him unknowingly coming into contact with peanuts or peanut butter in music class. I went to the Assistant Principal and the person over the event and advise them of my concerns. I was assured by both of them that it would be safe for my child at this school function and I should bring him. However, they decided not to do what they said to make it a safe environment for my child or the other children with anaphylactic reactions to peanuts to attend this school function. They don’t bother to call and advise me of the changed plans. Therefore, not showing any RESPECT for my child or the other children’s lives with anaphylactic reactions to peanuts! The USDA clearly states that a food allergy that results in an anaphylactic reaction is a “disability.” Therefore, they would have to accommodate Brentson and the other children with deadly food allergies. What they did on Thursday night, 10/27/05 was DISCRIMINATION! Principal Hayes violated a FEDERAL LAW! Principal Hayes knew that her actions on 10/27/05 could have hurt or killed Brentson and the other 5 children that attend Taylor Stratton with anaphylaxis allergies to peanut butter products. What she did that night is called “ATTEMPTED VOLUNTARY MANSLAUGHTER!” The Metro Nashville Police Department has made a report on this incident and they are investigating. There has got to be legislation proposed and put into place to protect these children, so there will be severe consequences for Principals and staff who do not take every precaution to protect these children’s lives. My attorney has been contacted regarding this latest incident with Principal Hayes. Sincerely, Laura Duke This message is intended for where the writer posted it. Any distribution of this message in any way is prohibited without the written consent of Laura Duke. I reserve the right to pursue all legal means at my disposal to enforce my son’s and my privacy!
Posted in Brentson Duke, Brentson’s Law, Food Allergies, Laura Duke, Nut Allergies, Peanut, Peanut Allergies, September 2005, anaphylactic food allergies |
March 11th, 2006 by laurabrentsonduke
Hello Everyone!
If you are interested in finding out more about Anaphylactic Food Allergies, my son’s and my blog will be an interesting place for you.
Take Care, Stay Safe & May God Bless,
Laura & Brentson Duke
This message is intended for where the writer posted it. Any distribution of this message in any way is prohibited without the written consent of Laura Duke. I reserve the right to pursue all legal means at my disposal to enforce my son’s and my privacy!
Posted in 2006, Allergy Warning Labels, Allergyware.com, Brentson Duke, Brentson’s Law, Chrisitan Home School, Food Allergies, Lara’s Law, Laura Duke, Letter from Brentson’s Pediatrician, Nut & Allergy FREE Childcare, Nut Allergies, Peanut, Peanut Allergies, Research Information on Anaphylactic Food Allergies, SB761/HB1279 Eating Out at Restaurants, September 12, September 2005, Victory Christian Academy, anaphylactic food allergies | 1 Comment »
