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What does it mean when you see a teal-colored pumpkin on Halloween?

October 1, 2015 by Jay Stefani Leave a Comment

Food Allergy Research & Education is back with the Teal Pumpkin Project

October 31 is just around the corner, which means our family is on the verge of decorating our home with creepy crawlers, spooky witches and teal-colored pumpkins. If you’re stumped by the teal-colored pumpkin part, allow me to introduce you to one of the coolest campaigns this side of the full moon.

Every Halloween season, hundreds of thousands of people band together in an act of solidarity, and, more importantly, to promote safety. Launched by Food Allergy Research & Education in 2014, the Teal Pumpkin Project asks households to make a simple pledge:

I pledge to show some extra kindness to the kids I know. I’ll get some non-food treats at the store, like glow sticks, bracelets, stickers and more! I will put my teal pumpkin on proud display, on my porch, in a window, or on a bale of hay. My teal pumpkin means I support children with food allergies, because all kids deserve to have a safe, happy Halloween.

Boiled down to it, the Teal Pumpkin Project is a great way to show solidarity for kids with allergies. To reiterate: Participants paint and place teal-colored pumpkins at the front of their doorsteps, indicating that non-food treats are available for those who meander by. Over 100,000 households have already taken the pledge and many more have promoted the campaign since its launch a year ago. As a parent whose child has allergies, it’s nice to see it pick up steam.

As I’ve talked about before, my six-year-old daughter suffers from a nut and dairy allergy. That inevitably makes for an interesting Halloween season in our household. Peanut-based treats, chocolate-covered peanuts and candy that’s been produced in plants that contain even a hint of peanut or tree nut-based products practically overflow on October 31, meaning our annual trick-or-treating adventures are even scarier than most. Of the many days in a calendar year, Halloween is the one day when temptation runs rampant. It’s a day when kids, presumably, feel they can test the limits, especially when their allergy-free friends are devouring Reeses Peanut Butter Cup after Reeses Peanut Butter Cup at a rapid-fire rate.

At least one out of every 13 children suffers from a food allergy, and the tiniest amount of allergen can mean the difference between a fun-filled night of spooky splendor, or one that’s truly terrifying. And let’s face it: Halloween is one of those holidays that can make anyone with an allergy feel like an outsider.

The importance of things like the Teal Pumpkin Project can’t be overstated. I’ve taken part in my share of Halloween adventures over the years, and the biggest issue is less to do with the actual candy than the morale of my kiddo. Making her feel included is a delicate balancing act; we don’t want her eating dangerous food, but we also don’t want her neglected when a friend gets to indulge in chocolate treats and delectable candy.

In line with the Teal Pumpkin Project, there are several ways to make all your trick-or-treaters feel like they’re getting the full experience. Here’s what the folks at FARE recommend: Glow bracelets, pumpkin stencils, cool trick-or-treat bags, Halloween stickers, non-latex bouncy balls and black and orange friendship bracelets.

Here are some other things to take note of:

Keep your bags separated. One for the candy crew and one for the non-candy crew, and make sure they’re separated with enough distance so one doesn’t contaminate the other.
Though many kids won’t say much more than “trick-or-treat,” it’s worth prodding them for a bit extra. Ask if they’re allergic to anything or give them a choice between a non-food item and a food item.
Diligent parents will keep an EpiPen with them. Scary as it sounds, you never know when you’ll have to administer one, even with a parent hanging out nearby. Nationwide Children’s Hospital put together a great video on the proper protocols. It’s a great intro/refresher on what to do in case of an emergency, especially if you’re a Teal Pumpkin participant.
Buy candy with clear labels and listings of ingredients. You’re thinking this is completely counter-intuitive. And yes, it is, but there are those who won’t be so willing to admit they have an allergy. Should the little devils sneak a piece, their parents should have an easy way to see what the ingredients are as they filter through their bags. This gets a little more complicated when “fun-size” packaging omits ingredient and allergy information from the individual items, instead placing it only on the main bag or box.
Be on the lookout for allergy bracelets. I talked about this in a previous post. They’re visible red flag and they’re important. If something unexpected happens, you can quickly identify the allergy and the proper protocol, assuming the parents have dashed off in another direction (maybe there’s another little goblin in their crew running around).
Consider keeping safe treats at home for an exchange program. Each year, after we finish our trick-or-treat journey, we sit down at the dining room table and go through our daughter’s bag with her, looking for potentially unsafe items. For each one we find, we let her swap it for a safe item. It’s become a fun way to avoid her feeling like we’re just taking her candy.

So you may be wondering, “Why teal?” Teal happens to be the color of food allergy awareness and has been used to raise awareness for more than 20 years. Hope you’ll consider painting at least one of your pumpkins teal this Halloween. You’ll be making it much more inclusive for my daughter and for thousands of others.

To learn more about the Teal Pumpkin Project, click here. The Teal Pumpkin Project and the Teal Pumpkin Image are trademarks of Food Allergy Research & Education (FARE).

Illinois is giving repeat DUI offenders a fifth chance. Seriously.

September 30, 2015 by Ken Levinson Leave a Comment

Has the governor and state assembly gone too far?

Our great state is not one for second chances. It’s actually more like five.

News started trickling out last week that Governor Bruce Rauner and the Illinois General Assembly have moved forward with a measure that would give drivers convicted of multiple DUIs an opportunity to redeem themselves. Starting in January of 2015, repeat offenders that have racked up four DUIs will be eligible to receive a restricted driving permit, only after proving that they’ve been alcohol and drug-free for at least three years. As of now, four DUIs means the state revokes your license.

The Chicago Sun-Times reported that state representatives feel the new law is, in part, as much a deterrent as it is an incentive to keep people with bad records from making poor decisions. As noble as it may sound, the sentiment rings hallow in more ways than one.

I dare to guesstimate that there are thousands of people whose lives have been affected by drunk driving accidents. Using phrases like “second chance” and “turn their lives around” (language used by state reps) as public appeals for support is borderline offensive, especially when “second chance” in this case is much more than two. Surprisingly, the measure has earned the support of organizations like Mothers Against Drunk Driving (M.A.D.D.) and Alliance Against Intoxicated Motorists. I can’t presume to know the ins and outs of those conversations, but part of me has to believe that M.A.D.D. and A.A.I.M. want to promote the same “second chance” ideals as the state. But the process by which it came together doesn’t seem to account for the folks who have lost much more than a license.

For my money, repeat-offenders deserve little, if any, sympathy when it comes to drunk driving convictions, arrests or citations. Do first-time offenders deserve a second chance? Absolutely. After that, it’s not so much a mistake as it is a pattern; justifying that kind of behavior is hard to do, yet it seems Illinois is willing to give lots of people the benefit of the doubt. That’s hard when the statistics are so unfavorable.

The Sun-Times noted that more than 5,000 people in Illinois have been convicted of at least four DUIs. Illinois state police made 5,784 DUI arrests in 2014; Chicago police logged at least 3,321. Of the more than 34,000 DUI-related arrests made in 2013, 317 people were killed because of a drunk-driving-related accident. To the families who continue to live through the impact of poor decisions, this new law can’t help but feel backwards by giving four-time offenders another opportunity to get back on the road, even if their citation never led to an accident. It’s four chances too many.

What’s worse is that the precedent for future legislation has been established. What’s to stop the governor from making it six DUIs in 2017 if he and the assembly are willing to stretch it to five in 2016? Let’s hope we can keep our “second chances” in the state to a minimum moving forward.

Heavier trucks not the answer

September 24, 2015 by Jay Stefani Leave a Comment

It’s turning into an elephant-sized problem

Take the heaviest eighteen-wheeler on the road and imagine putting an elephant on top of an already-packed trailer. Lawmakers will soon have to make a decision about whether trucks deserve to get a little heavier than normal… by about 10,000 additional pounds. That’s more than two sedans-worth of weight. The Safe, Flexible and Efficient Trucking Act is set for debate in Washington, now with the markup of the next federal highway bill.

The bill, which was introduced by representative Reid Ribble of Wisconsin, would increase the maximum weight restrictions for commercial trucks from 80,000 pounds to 91,000 pounds, so long as the truck is equipped with an additional sixth axle. Ribble’s axle solution claims that, by increasing weight restrictions, truck companies will be less likely to pack their carriers to the brim, a problem that makes them more dangerous and less efficient on the road. By contrast, lobbies like the rail industry argue that heavier trucks mean more road deterioration, which ultimately puts the impending repairs squarely on the shoulders of the taxpayers. It’s a tale of opposing lobbies that are determined to argue in favor of their own interests while neglecting the real issue: safety.

The logic behind Ribble’s proposal is almost backwards in its thinking. Would truckers and trucking companies really opt for a less-is-more strategy if given the opportunity? It’s like giving a kid a larger candy bag at Halloween, assuming the kid won’t take more candy because he/she has room to spare. But kids will be kids and big business will be big business. Even with some sort of middle ground, the Safe, Flexible and Efficient Trucking Act would seem like nothing more than veiled attempt to get people to believe that heavier trucks with a sixth axle are, in fact, safer on already-congested highways.

The truck lobby is wanting to bolster their shipping capabilities, and has once again added to a notorious reputation, one that pushes for so-called “upgrades” while pawning them off as an opportunity to improve safety out on the road. That couldn’t be further from the truth. When it comes down to it, heavier trucks are simply more problematic than they are beneficial, and it doesn’t take a physics professor to tell you why. Adding an additional axle to a truck, by the way, would cost roughly $7,500 per truck, mere pittance in the scope of a balance sheet. But ask truckers and they’ll tell you that a $7,500 fee for new equipment is just the tip of the iceberg; there’s more where that came from, like trailer reinforcements and tire upgrades. Nothing is as simple as people would lead you to believe.

Safety groups have already come out opposing the new law, including the Owner-Operator Independent Drivers Association, which noted that trucks over 80,000 pounds have almost 20% more brake violations than others, a fact that would be daunting for legislators and truck lobbyists to prove otherwise. It’s basic logic: a larger, heavier vehicle is simply harder to control. The Truckload Carriers Association agrees, writing to Ribble, according to a report on American Trucker, that the passing of this new law would benefit only a minority of the industry. And add The Truck Safety Coalition to the list of groups opposing the law. The group conducted its own public opinion survey that showed strong disapproval regarding bigger trucks.

It’s hard not to see the logic behind safety advocacy groups, despite knowing full well that even safety groups have their own interests at stake. The underlying factor in this debate, and others, is that the trucking industry has yet to make safety a priority. Instances like this remind us that trucking is still a big business, and business, for the most part, is looking to get even bigger—literally and figuratively. It’s not worth putting lives in danger.

Defective hip implant could be cause for legal claims

September 20, 2015 by Ken Levinson Leave a Comment

Auto accident victims could be entitled to compensation

We handle lots of collision scenarios that deal with short-term and long-term injuries resulting from auto and truck accidents. Most of the time, cases stem from the crash itself, but lately, we’ve been reviewing cases that develop after the fact, as in situations that involve faulty implants and defective products. That includes hip implants, the symptoms of which may not appear for years after the procedure.

You may know from the news that the The Stryker Rejuvenate/ABG II metal-on-metal hip implant has caused serious damage lately. Stryker, one of the world’s largest medical equipment manufacturers, has committed more than $2 billion to settle injury claims as it relates to the company’s frequently-used hip implant, subsequently recalled en mass. There could be more suits where that came from.

The company halted all global sales and production of the ABG II shortly after the company issued what it calls an “Urgent Field Safety Notice,” pointing out the potential health hazards like corrosion and “fretting,” an unsettling term that describes minute shards of metal leaching into muscle tissue and the bloodstream. It often requires revision surgery to correct allergic reactions, extreme discomfort and noticeable changes in mobility.

The lawsuits filed against Stryker continue to grow, even after the recall that dates back to 2012. It’s of particular significance to auto collision victims who, for lack of a better phrase, are suffering because of unfortunate timing. If you’ve been in an accident recently, one that required the implementation of the AGB II, you may be entitled to damages because of the effects of a defective product.

This recall has our office reviewing several potential cases and impending lawsuits to determine if our clients have a case. There are currently more than 500 lawsuits pending due to the Stryker recall, some of which may include clients of Levinson and Stefani who were in need of surgery in recent years.

If you happen to be one of the few whom have suffered because of this recall, you could be entitled to financial compensation. We are offering free consultations to determines if such cases are viable, and we welcome the opportunity to study aspects of your case.

Stryker recalled the AGB II nearly four years ago, later settling several cases in 2014 after complaints from numerous patients led to a massive recall. The symptoms of the defective hip are noticeable. They include prolonged pain in the hip or leg, swelling and a change in walking ability. Plaintiffs have received hundreds of thousands of dollars in settlements, and some prospective plaintiffs may be entitled to more based on the severity of their condition.

The basis for this particular case is an indication of negligence. There is clear evidence to suggest that Stryker distributed the implants despite failing to test them properly. And now Stryker is paying the price, literally and figuratively. If you believe you have experienced symptoms due to a defective implant, contact our office and we’ll review your case during a free consultation. Our objective is to hold negligent parties accountable, and we will work hard on your behalf to make sure, as best as possible, that it doesn’t happen again.

Illinois is offering free car seat assessments tomorrow

September 18, 2015 by Jay Stefani Leave a Comment

Child Passenger Safety Week comes to a close with National Seat Check Saturday

There comes a time when every child takes the next step. Or in this case, the next seat. For as long as I’ve been practicing law, and for as long as I’ve been a parent, one of the more nerve-wracking topics that inevitably becomes a source of frustration for adults has been car seats. Everyone has questions about them—their safety, their installation, the right time to swap seats for a growing toddler—and everyone has, at one point, expressed insecurities when making the leap from infant seat to convertible seat to no-seat at all.

My daughter, who just turned six, took the leap from rear-facing seat to convertible seat just a few years ago. Now, she’s settled into a convertible. In no time at all, she’ll soon outgrow it. The cycle has predictably been tough to keep up with. Each time we’ve had to re-think car seats, we’ve had to consider models, styles, purpose and safety. And when it comes to safety, we’ve gone the extra mile to ensure the best-case scenario. But even still the adjustment has never been as smooth as we’d like it to be.

We’ve seen it all: seats that need rubber mats to prevent them from slipping, harnesses with five-point buckles and the ever-challenging, ever-confounding booster seat. Invariably, there’s always something new to learn.

Car seat guidelines form the American Academy of Pediatrics.

Case in point: news coming out of Ann Arbor last week had some interesting stats about the dangers associated with boosters. It turns out children who ride in boosters are twice as likely to suffer serious injuries or even death due to an auto accident, but a new study from the University of Michigan is also showing that booster seat-aged kids are also less likely to have their seats inspected properly. An analysis from the University of Michigan Health System, which conducted booster seat inspections for kids 4 and older, showed that just 1 in 10 inspections covered booster seat-aged children ages 4–7.

As Child Passenger Safety Week comes to a close this weekend, along with National Seat Check Saturday taking place tomorrow, there are several opportunities for you to brush up on your car seat education. Several stations in Illinois, including a family safety fair taking place tomorrow in Downers Grove at Illinois Tollway headquarters (2700 Ogden Avenue) from 10am–2pm, are encouraging parents to get their seats inspected as part of the nationwide awareness campaign. Roughly 90 percent of child safety seats inspected by the Illinois State Police are installed improperly, according to records kept by state police. That’s a significantly high percentage with all the technology and awareness campaigns going on in this day and age. So take precautionary measures and find a service station near you. If you’re anything like my wife and me, you’re going to learn more than you ever thought you would.

Brushing up on best-practices during Illinois Rail Safety Week

September 16, 2015 by Jay Stefani Leave a Comment

Just remember: There will always be another train

Ken and I are daily Metra riders, so it’s worth noting that this week is Illinois Rail Safety Week (Sept. 13–19). Admittedly, rail safety is something that I, and likely most commuters, take for granted. For one thing, it’s easy to forget that rail accidents account for a huge percentage of fatalities and collisions in the United States. Over 2,000 auto-rail collisions took place in 2014, according to the Federal Railroad Administration, 269 of which were fatalities and 849 of which resulted in some type of injury.

Also in 2014, WBEZ’s Curious City ran a provocative story about Metra delays, so often considered by riders as groan-inducing inconveniences, as much more than a simple delay. Northwestern University’s Ian Savage discovered that, in 2014, rail accidents happened more often in Illinois than any other state in the country. Pulling info from the Illinois Commerce Commission from 2004–2012, Savage learned that 338 pedestrian fatalities occurred by train within a six-county radius of Chicago, 53 percent of which were deemed non-suicidal.

Being a city with one of the more dense populations in the country, Chicago ranks high on the list of metropolis’s combatting some significant statistics, as does the state of Illinois.

For example:

During 2013, Illinois ranked 3rd in the U.S. in grade crossing fatalities with 16
During 2013, Illinois ranked 2nd in the U.S. in trespass fatalities with 26
In 2014, 134 crashes occurred at public highway-rail grade crossings, resulting in 55 personal injuries and 24 fatalities in Illinois
In 2014, 48 trespassing incidents occurred in Illinois, resulting in 29 pedestrian fatalities and 19 others while trespassing on railroad property

The Illinois Association of Chiefs of Police has partnered with 286 state traffic safety agencies and private companies to bring greater awareness about rail safety to the public. This week, you’ll see several folks handing out pamphlets and SWAG with tips and best practices to make sure you’re as safe as possible. You might think their they’re obvious, but then again, that’s what awareness campaigns are all about: reminding you of those overlooked perils that can get you in trouble.

So remember: Look both ways before crossing. Always expect a train. Trains can run on any track, at any time, in either direction. Don’t get stuck on the track. Before you cross, be sure there is room on the other side to completely clear the tracks. Trains cannot stop quickly. The average freight train traveling 55mph takes a mile or more to stop. If you’re running late, it’s not worth it to run in front of a train – there will always be another train.

Info pulled from “Key Safety Tips at Highway Rail Grade Crossings,” courtesy of Operation Lifesaver.