*U*R*G*E*N*T* KRAFT FOODS ***NO ALLERGY WARNING LABELS***

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!

Our Ordeal at the Emergency Room at Skyline Medical Center on Thursday 10/19/2006.

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!

“Brentson’s Story” October 27, 2005 and the Attempt on His Life!

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!

Non-Foods Not Having Allergy Warnings On Them…?

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!

The Speaker of The House of Representatives In The State of Tennessee Signed “Brentson’s Law” Today, Thursday 06/01/2006!

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!

Latest Update On Brentson’s Law!

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

“Brentson’s Law” now is waiting for a Final Vote from Senate!

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.

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!

The House of Representatives Returned “Brentson’s Law” to the Senate!

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

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!

Tennessee Senate passes a More Strict Form of “Brentson’s Law!”

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

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!

Legislation to Protect Children With Anaphylaxis Food Allergies in Tennessee

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!