The New Old Age: The Executor's Assistant

I’m serving as executor for my father’s estate, a role few of us are prepared for until we’re playing it, so I was grateful when the mail brought “The American Bar Association Guide to Wills and Estates” — the fourth edition of a handbook the A.B.A. began publishing in 1995.

This is a legal universe, I’m learning, in which every step — even with a small, simple estate that owes no taxes and includes no real estate or trusts — turns out to be at least 30 percent more complicated than expected.

If my dad had been wealthy or owned a business, or if we faced a challenge to his will, I would have turned the whole matter over to an estate lawyer by now. But even then, it would be helpful to know what the lawyer was talking about. The A.B.A. guide would help.

Written with surprising clarity (hey, they’re lawyers), it maps out all kinds of questions and decisions to consider and explains the many ways to leave property to one’s heirs. Updated from the third edition in 2009, the guide not only talks taxes and trusts, but also offers counsel for same-sex couples and unconventional families.

If you want to permit your second husband to live in the family home until he dies, but then guarantee that the house reverts to the children of your first marriage, the guide tells you how a “life estate” works. It explains what is taxable and what isn’t, and discusses how to choose executors and trustees. It lists lots of resources and concludes with an estate-planning checklist.

In general, the A.B.A. intends its guide for the person trying to put his or her affairs in order, more than for family members trying to figure out how to proceed after someone has died. But many of us will play both these parts at some point (and if you are already an executor, or have been, please tell us how that has gone, and mention your state). We’ll need this information.

Editor’s Note: More information about “The American Bar Association Guide to Wills and Estates” can be found here.


Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”

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S&C relay at center of Super Bowl outage









An electrical relay device provided by Rogers Park's S&C Electric Co. was found to be the cause of the Super Bowl power outage in New Orleans, the company acknowledged Friday.

S&C Electric Co. said the outage, which lasted for more than 30 minutes at Sunday's game, was due to the demand for Superdome stadium power needs exceeding a "trip setting" for an electrical relay it supplied.

The device was specifically designed to prevent an outage if a cable connection to the stadium failed. Testing since the game has revealed that a higher power setting would have prevented the equipment from causing the disconnection, S&C said in a statement.

S&C doesn’t control the power settings on the equipment it provides.

"S&C continues to work with all those involved to get the system back online, and our customers can continue to rely on the quality and performance of our products," Spokesman Michael Edmonds said in a statement.

S&C equipment is commonly used where high reliability is critical, he said, including data centers for United Parcel Service Inc., drug manufacturing centers and hospitals. The company also works with other stadiums throughout the U.S. and Canada.

The power provider for Sunday's game, Entergy New Orleans, a unit of Entergy Corp., said the relay device had functioned properly at other high-profile sporting events, including the Sugar Bowl.

The device has since been removed and replacement equipment is being examined, Entergy said in a statement.

That statement came before a special meeting of the New Orleans City Council's Utility Committee Friday morning to discuss the root cause of the outage.

Immediately after the game, Entergy indicated its equipment was functional and the problem must have come from the Superdome, but later said it was launching an investigation to determine the source of the problem.

"While some further analysis remains, we believe we have identified and remedied the cause of the power outage and regret the interruption that occurred during what was a showcase event for the city and state," Entergy New Orleans President and CEO Charles Rice said.

sbomkamp@tribune.com | Twitter: @SamWillTravel



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Winter storm advisory issued; snow to hit evening commute









A freezing rain advisory had barely expired when the National Weather issued a winter storm advisory with up to 4 inches of snow expected to fall this afternoon and tonight.

Rain is expected to change over to snow by the middle of the afternoon "in time for the evening rush," the weather service said in the advisory.

"The threat for a period of heavy snow could result in reduced visibilities under a mile at times and rapid accumulation on area roads during the evening commute," the weather service warned.
The most snow is expected to fall north of I-88 and the North Side of Chicago, it said.

The morning commute was slickened by sleet and freezing rain across northeast Illinois, mainly along I-88 and north of the expressway, according to the weather service.


Photos: Chicago winter 2012-13


Meanwhile, New England braced for a possibly record-setting winter storm, with forecasts of up to two feet of snow prompting local officials to urge residents to prepare.

Forecasters warned the snow would begin lightly on Friday morning but ramp up to blizzard conditions by afternoon, leading Boston Mayor Thomas Menino to order the city's schools closed Friday. He asked businesses to consider allowing staff to stay home.

"We are hardy New Englanders, let me tell you, and used to these types of storms. But I also want to remind everyone to use common sense and stay off the streets of our city. Basically, stay home," Menino told reporters. "Stay put after noontime tomorrow."

The National Weather Service said Boston could get one to two feet of snow on Friday and Saturday, which would be its first major snow fall in about two years. Light snow is expected to begin falling around 7 a.m. EST on Friday, with heavier snow and winds gusting as high as 60 to 75 miles per hour as the day progresses.

"It's the afternoon rush-hour time frame into the evening and overnight when the height of the storm will be," said Kim Buttrick, a meteorologist at the National Weather Service in Taunton, Massachusetts. "That's when we expect the storm to begin in earnest."

The heaviest snow was expected around Boston, the region's most populous city, with cities from Hartford, Connecticut to Portland, Maine, expected to see at least a foot.

If more than 18.2 inches of snow fall in Boston, the storm will rank among the 10 biggest snowfalls on record in the city. The heaviest snowfall ever recorded in Boston was a 27.6 inch dump that accompanied the blizzard of February 17-18, 2003.

The storm's timing brought back memories of the blizzard of 1978, Boston's second-heaviest recorded snow fall, which roared in on an afternoon, dropping 27.1 inches of snow, trapping commuters on roadways and leaving dozens dead across the region, largely as a result of downed electrical lines.

Peter Judge, a spokesman for the Massachusetts Emergency Management Agency, said one of the state's biggest worry is power outages.

"It being winter, folks losing their power means they're also losing their heat, and if you lose heat during the middle of the storm, you're not going to be able to go out to get to a shelter," he said, adding that the agency would begin 24-hour operations at its emergency compound at noon (1700 GMT) on Friday and would be in close contact with local utilities.

Unlike the 1978 blizzard, which had been forecast to drop far less snow than it actually did, he said he hoped several days of news coverage about this storm would prompt people to stay off the roads.

"People have been warned, they have been told what the issues are," Judge said. "We don't expect people to be surprised."








Reuters contributed to this report.


chicagobreaking@tribune.com
Twitter: @chicagobreaking






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Well: Expressing the Inexpressible

When Kyle Potvin learned she had breast cancer at the age of 41, she tracked the details of her illness and treatment in a journal. But when it came to grappling with issues of mortality, fear and hope, she found that her best outlet was poetry.

How I feared chemo, afraid
It would change me.
It did.
Something dissolved inside me.
Tears began a slow drip;
I cried at the news story
Of a lost boy found in the woods …
At the surprising beauty
Of a bright leaf falling
Like the last strand of hair from my head

Ms. Potvin, now 47 and living in Derry, N.H., recently published “Sound Travels on Water” (Finishing Line Press), a collection of poems about her experience with cancer. And she has organized the Prickly Pear Poetry Project, a series of workshops for cancer patients.

“The creative process can be really healing,” Ms. Potvin said in an interview. “Loss, mortality and even hopefulness were on my mind, and I found that through writing poetry I was able to express some of those concepts in a way that helped me process what I was thinking.”

In April, the National Association for Poetry Therapy, whose members include both medical doctors and therapists, is to hold a conference in Chicago with sessions on using poetry to manage pain and to help adolescents cope with bullying. And this spring, Tasora Books will publish “The Cancer Poetry Project 2,” an anthology of poems written by patients and their loved ones.

Dr. Rafael Campo, an associate professor of medicine at Harvard, says he uses poetry in his practice, offering therapy groups and including poems with the medical forms and educational materials he gives his patients.

“It’s always striking to me how they want to talk about the poems the next time we meet and not the other stuff I give them,” he said. “It’s such a visceral mode of expression. When our bodies betray us in such a profound way, it can be all the more powerful for patients to really use the rhythms of poetry to make sense of what is happening in their bodies.”

On return visits, Dr. Campo’s patients often begin by discussing a poem he gave them — for example, “At the Cancer Clinic,” by Ted Kooser, from his collection “Delights & Shadows” (Copper Canyon Press, 2004), about a nurse holding the door for a slow-moving patient.

How patient she is in the crisp white sails
of her clothes. The sick woman
peers from under her funny knit cap
to watch each foot swing scuffing forward
and take its turn under her weight.
There is no restlessness or impatience
or anger anywhere in sight. Grace
fills the clean mold of this moment
and all the shuffling magazines grow still.

In Ms. Potvin’s case, poems related to her illness were often spurred by mundane moments, like seeing a neighbor out for a nightly walk. Here is “Tumor”:

My neighbor walks
For miles each night.
A mantra drives her, I imagine
As my boys’ chant did
The summer of my own illness:
“Push, Mommy, push.”
Urging me to wind my sore feet
Winch-like on a rented bike
To inch us home.
I couldn’t stop;
Couldn’t leave us
Miles from the end.

Karin Miller, 48, of Minneapolis, turned to poetry 15 years ago when her husband developed testicular cancer at the same time she was pregnant with their first child.

Her husband has since recovered, and Ms. Miller has reviewed thousands of poems by cancer patients and their loved ones to create the “Cancer Poetry Project” anthologies. One poem is “Hymn to a Lost Breast,” by Bonnie Maurer.

Oh let it fly
let it fling
let it flip like a pancake in the air
let it sing: what is the song
of one breast flapping?

Another is “Barn Wish” by Kim Knedler Hewett.

I sit where you can’t see me
Listening to the rustle of papers and pills in the other room,
Wondering if you can hear them.
Let’s go back to the barn, I whisper.
Let’s turn on the TV and watch the Bengals lose.
Let’s eat Bill’s Doughnuts and drink Pepsi.
Anything but this.

Ms. Miller has asked many of her poets to explain why they find poetry healing. “They say it’s the thing that lets them get to the core of how they are feeling,” she said. “It’s the simplicity of poetry, the bare bones of it, that helps them deal with their fears.”


Have you written a poem about cancer? Please share them with us in the comments section below.
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EveryBlock shuts down









Hyper local news and social media site EveryBlock.com has shut down, the company said Thursday.

"Though EveryBlock has been able to build an engaged community over the years, we're faced with the decision to wrap things up," a item on the EveryBlock.com blog said.

 The posting said Everyblock faced increasing challenges to build a profitable business. It had 10 employees, including President Brian Addison.

The company was founded in 2007 by Naperville native Adrian Holovaty and acquired by MSNBC.com in 2009. NBC News acquired MSNBC.com last year.
NBC News Chief Digital Officer Vivian Schiller said EveryBlock's financial losses "were considerable," although she declined to offer specific financial results.
"Hyper local is a very tough business. This isn't about anything being a failure, but more about our need to stay focused on the strengths of NBC News' digital portfolio," she added in an email.

Schiller said the company looked for various options for EveryBlock, such as a sale, but none of the options ended up being viable.

"EveryBlock was among the more innovative and ambitious journalism projects at a time when journalism desperately needed innovation and ambition. RIP," Holovaty wrote Thursday in a blog post on his site Holovaty.com.

Holovaty wrote that he believes EveryBlock, founded with the help of a $1.1 million grant from the John S. and James L. Knight Foundation, was a successful attempt to push innovation in newspapers and journalism.

"It was a great site, beautifully designed and lovingly crafted. It made a difference for people, particularly in Chicago," he wrote.

Holovaty left the site in August to pursue other interests.

Hyper local sites in general have surged in popularity in recent years, but with the success came an explosion of competitors, making generating revenue extremely difficult. In 2007, about 1 in 8 Americans lived in a town with a local blog, according to data from Placeblogger.com, which indexes local weblogs. Today, more than half do.

Still, limited revenue streams make for a shaky future.

"Most of these companies have the structural integrity of a wet cardboard box," said Lisa Williams, Placeblogger's founder and CEO.

Williams said the sudden shutdown of EveryBlock and others like highlights the boom-and-bust cycles in technology businesses, but also underscores the impatience of the big companies who acquire them.

"Whenever someone invests in you there's always a ticking clock attached to money," she said. "It's a very high-turn business. You have to either get big or get out."

In the Chicago area, hyper local news has proved itself to be a competitive and challenging niche, with both local and out-of-town organizations trying to gain traction.

The Chicago News Cooperative, which had a publishing deal with the New York Times, closed down in 2012 after a little more than two years. AOL's Patch has had a rough time, with one investor estimating last year that the national collection of hyperlocal sites, including dozens in Illinois, lost $147 million in 2011.
Tribune Co.  partnered last year with Journatic, a Chicago-based company, to provide hyperlocal content for the Chicago Tribune's TribLocal.  Tribune Co. then suspended Journatic over ethical lapses, and after a lengthy investigation resumed limited use of Journatic with added safeguards.
The Chicago Tribune also at one time hosted a search box on its web site that directed readers to EveryBlock data.

sbomkamp@tribune.com

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License number leads cops to salon robbery suspect









The Evanston man charged with robbing nearly a dozen hair salons in Chicago, Skokie, Morton Grove, Broadview and Niles was apprehended seven hours after the last reported robbery, when a witness provided a partial license plate to authorities, police said today.

Jason Logsdon, 41, of the 900 block of Chicago Avenue in Evanston, is charged with 11 counts of felony armed robbery, according to the Cook County state's attorney's office.

“Everyone had a common goal, to get an offender off the street that was terrorizing small business owners,” said Tom Byrne, chief of detectives for the Chicago Police Department, during the news conference in Skokie.


Logsdon used a BB gun during the robberies, according to court records. It was recovered along with a red coat that he wore.


Logsdon was taken into custody Monday in Skokie, hours after a robbery on the North Side, authorities said. Skokie police found that they had stopped Logsdon for two minor traffic violations within the past year, before the string of robberies occurred.





He is suspected of robbing a hair salon in Broadview; five in Chicago; one in Morton Grove; two in Niles; and two in Skokie. The DuPage County State’s Attorney’s office is pursuing additional charges against Logsdon in connection for two robberies in Lombard, one in Glen Ellyn and one in Bensenville, officials said.

The Cook County charges were filed after witnesses viewed line-ups at the Skokie police station, authorities said. Officials declined to discuss the type of weapon used, but said that his motive at least initially was financial.

A pattern of robberies began emerging in late December, said Brian Baker, Skokie’s commander in charge of the investigative division.


The person who owned the car that Logsdon was driving had “no knowledge that these (robberies) were occurring,” Baker said.


Baker said that Logsdon was taken from the courthouse to a hospital but he did not know why.


During a court hearing today, Logsdon kept his head lowered during the proceedings.

His public defender described Logsdon as a student at Le Cordon Bleu College of Culinary Arts in Chicago. He was expecting to graduate in February, according to his lawyer. A spokesman at the school said he could not confirm or deny that information.

Logsdon is unemployed but has worked as a chef before, his lawyer said. He has lived in Evanston four years. His girlfriend is the owner of the car, according to the public defender.

He was arrested in 2003 for a DUI in Missouri, but otherwise has a clean record, lawyers said.


Logsdon was arrested after a salon in the Wicker Park neighborhood was hit. A man stole about $250 in cash from a Great Clips salon in the 1200 block of a well-trafficked North Ashland Avenue around 10:45 a.m. Monday, police said.

The man took out a handgun before presenting a dark bag to three salon workers, which one of them filled with money, Chicago Police News Affairs Officer Daniel O'Brien said. Wearing a red and gray jacket, blue jeans and a hat and scarf, the man walked north on Ashland and hopped in a gray colored sedan, which left driving southbound, police said.

No one was injured, police said.

A witness from that robbery provided a license plate number that was one digit off, Baker said. Chicago police ran variations on the number until they found a vehicle with a similar make and model as reported by the witness. The person who owned the car that Logsdon was driving had “no knowledge that these (robberies) were occurring,” Baker said.

Last Tuesday, a man robbed a Great Clips salon in the 1000 block of West Webster Avenue in the Sheffield Neighbors neighborhood, according to police. The man was given cash and fled the store, police said. Police think the same man may have held up salons in the 1200 block of North Clybourn Avenue on Jan. 21 and salons in the 1200 and 1300 blocks of West Fullerton Avenue in December.

Other police agencies have warned that the same man may be responsible for robberies in Niles, Skokie, Morton Grove, Bensenville, Lombard, and Glen Ellyn.


chicagobreaking@tribune.com


Twitter: @ChicagoBreaking





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The New Old Age Blog: For Women, Reduced Access to Long-Term Care Insurance

“This was a very, very good business for a short time, with people buying long-term care insurance like it was candy in a candy store,’’ said Michael Perry, a vice president at the Opus Advisory Group, a strategic financial planning firm in Purchase, N.Y.

No more. Mr. Perry has sold only one long-term care policy in the last six months and is “backing off from marketing’’ them as he watches this corner of the insurance business contract, raise premiums, tighten eligibility requirements and reduce key benefits. Long-term care insurance is a comparatively new product, launched in the late ’80s, and only now, as claims begin to pour in, have the actual costs to insurers become apparent.

Companies like MetLife, Prudential Financial, Allianz and Berkshire Financial (a subsidiary of Guardian) have stopped selling new policies and are hiking premiums for the ones already in place — up 37 percent, by one estimate, in 2011. Insurers are increasing elimination periods — the period during which a beneficiary must cover his or her own costs — and reducing inflation protection to 3 percent from 5 percent, once customary. They are requiring home visits instead of phone interviews from new applicants, as well as blood tests and a thorough examination of their medical records.

But the change that has generated the most public attention is so-called gender-distinct pricing, a new strategy that will raise rates for single women by as much as 40 percent beginning in April. Genworth Financial, the nation’s largest long-term care insurance provider with more than a million policy holders, is the first to win approval by state insurance commissions to raise rates for single women purchasing new policies. Women, most of them single by the time they reach advanced age, cost the company $2 of every $3 in benefits paid so far, according to Steve Zabel, Genworth’s senior vice president for long-term care insurance.

The company also will introduce what Mr. Zabel called “enhanced underwriting,” or more stringent qualifying standards, including blood testing to check for nicotine, drugs and markers of cardiovascular disease for all new applicants, regardless of gender or marital status.

Now permitted in all states except Montana and Colorado, gender-distinct pricing will not affect Genworth’s current policyholders, only new applicants. But all other carriers are likely to follow, according to Jesse Slome, executive director of the American Association for Long-Term Insurance, a trade group in Westlake Village, Calif. With the entire industry headed toward higher rates, Mr. Slome recently warned women that “the window is closing” and that now is the time to grab a policy while the price is still manageable.

Women have always paid less than men for life insurance. But because they live longer, women are the disproportionate beneficiaries of long-term care insurance, which paid out $6.6 billion in benefits in 2011. Mr. Slome expects that number to top $7 billion in 2012.

The reasons are well known:

* On average, women outlive men by five years. Among those born in 1960, the average man will live to age 67 and the average woman to age 73. And women who reach age 65 can expect to live an average of 20 more years.

* By age 75, 7 in 10 women are widowed, divorced or have never been married. Some 40 percent of them live alone, compared to 22 percent of men. Two-thirds of those past the age of 85 are women, as are 80 percent of centenarians.

* Women who live to age 65 experience on average two years of disability requiring assistance before death. Those who reach age 80 will require three years of assistance.

* In nursing homes, the most expensive form of long-term care, 7 in 10 residents are women. They represent 76 percent of the residents in assisted living facilities and two-thirds of the recipients of home care. Virtually none of this is paid for by Medicare, the government’s health plan for those 65-and-over. In nursing homes, Medicaid, a poverty program, kicks in for residents who run out of money.

“Woman live longer than men,” said Suzanna de Baca, a vice president of wealth strategies at Ameriprise Financial. “This may mean we experience a longer period of decline. Unfortunately, we are often less likely to have a partner around to help take care of us than our male counterparts.’’

Long-term care, Mr. Slome said, “is truly a women’s issue.”

While acknowledging the extra expense of caring for women, Mr. Slome said that in his view insurance carriers are being disingenuous in blaming the new policies on long-apparent gender differences. Rather he said, the culprit in the changing requirements is interest rates. “Blame the Federal Reserve,’’ he said.

Insurance carriers invest premiums and need to earn enough on that investment to pay benefits. When interest rates were higher, it was not all that difficult. Now the numbers don’t pencil out, and stockholders are fuming. But it is illegal to file for premium increases with the state insurance commissions based on changes in the financial market, Mr. Slome said.

This position does not endear Mr. Slome to his membership, at least one of whom disputes the claim. Asked if the new rate policies were related to interest rates, Mr. Zabel of Genworth, in an e-mail, replied with a succinct “no.”

Insurers say they were not able to judge the costs of care until the payouts began in earnest.

So what is a woman trying to prepare for old age supposed to do, especially after the elimination of the Class Act, a modest attempt to include long-term care in the Affordable Care Act?

Ms. da Baca suggests “careful and thorough budgeting,” “focusing on wellness,” and “proactive steps” to research suitable places to live when home is no longer an option. Ms. da Baca also advises women to make home modifications — incrementally, as one’s budget permits — to increase the chances that you’ll be able to stay there longer.

Mr. Perry, of the Opus Advisory Group, suggests an intriguing option: life insurance with a chronic care rider, which permits the policy-holder to spend money for such needs while alive, although doing so will reduce the tax-free death benefit. Still, not all buyers — or their survivors — are willing to sacrifice those benefits.

“The need is still there, no question about it,’’ Mr. Perry said. But long-term care insurance is likely to become much harder for everyone to find and afford, especially women.


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Chicago sees surge in foreclosure auctions









More than 35,000 homes and small multifamily buildings in the Chicago area completed the foreclosure process last year, the highest number since the housing crisis began, and the vast majority of them became bank-owned.


An increase in foreclosure auctions was expected since lenders shelved many foreclosure cases while state and federal authorities investigated allegations of faulty foreclosure processes. Still, the heightened level of auctions — 35,244 in 2012, compared with 20,281 in 2011 — along with an increase in initial foreclosure filings, shows the local housing market has a long road to recovery, according to the Woodstock Institute.


"There's going to be pain in the housing market in the short term," said Katie Buitrago, senior policy and communications associate at Woodstock. "There's still high levels of filings. Five years into it, there is still work to be done to help people save their homes."








The Chicago-based public policy and research group is expected to release its report on 2012 foreclosure activity Wednesday.


The year-end numbers show that, with few exceptions, all Chicago neighborhoods and suburban communities saw high double-digit percentage gains in auctions last year. Across the six-county area, 91.3 percent of the foreclosed properties were repossessed by lenders. At the same time, notices of initial default sent to homeowners, the first step in the foreclosure process, increased by 2.9 percent last year, to 66,783.


Real estate agents have worried for more than two years about a glut of foreclosed properties — a shadow inventory — that banks would list for sale en masse and cause home values to plunge. That largely has not happened, but the vast number of distressed properties in the market has kept a lid on local home values.


On Tuesday, for instance, Fannie Mae and Freddie Mac's websites listed 2,415 Cook County homes for sale that the two agencies had repossessed.


Chicago-area home prices, including distressed sales, fell 2.3 percent in December from a year ago, housing analytics firm CoreLogic said Tuesday. Illinois was one of only four states to see home-price depreciation.


The increase in auctions "is a mixed blessing," Buitrago said. "We've been having a lot of trouble in the region with vacant properties that have been languishing for years. The longer they're vacant, the more likely they are to be a destabilizing force in their communities."


Woodstock found that within the city of Chicago, there were 20 communities where more than 1 in 10 owner-occupied one- to four-unit residential buildings and condos went through foreclosure from 2008 to 2012. Five of those neighborhoods are included in the city's 18-month-old Micro-Market Recovery Program, a coordinated effort to stabilize neighborhoods and property values hit hard by foreclosures and vacant buildings.


Also designed to benefit hard-hit areas are the recent establishment of a Cook County Land Bank and legislation waiting for Gov. Pat Quinn's signature that will fast-track the foreclosure process for vacant, abandoned homes while providing financial resources to foreclosure prevention efforts.


mepodmolik@tribune.com


Twitter @mepodmolik





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Father saw 'horrifying' accident injure son during opera rehearsal









A fire-breathing stilt walker burned when flames flared up on his face during a dress rehearsal at the Lyric Opera of Chicago is expected to be released from the hospital Thursday, his father told the Chicago Tribune.

“It’s horrifying,” said Clifton Truman Daniel, 55, who was in the audience watching his son Wesley when the mishap occurred late Monday afternoon. “You don’t believe it. At first, everything’s fine. You’re proud of him. You’re amazed at what he’s learned to do, and suddenly he’s in trouble.”

The 24-year-old actor was taken in serious-to-critical condition to Northwestern Memorial Hospital suffering burns to his throat and second-degree burns to his face, fire officials said. Initially, it was thought Daniel was not suffering breathing problems, but he apparently was and was transferred to Loyola University Medical Center in critical condition, officials said.

Doctors intubated Daniel as a precaution to help him breathe, his father said. But there was no damage to his lungs or airway and the tube was removed Monday night, according to his father.

"Doctors likened them to a severe sunburn and he will heal,” his father said of the burns. “He shouldn’t have any scarring.”

Clifton Daniel said he was happily sitting in the audience of the Lyric Opera, watching his son walk on stilts and spit fire out of his mouth.

He watched as Wesley Daniel picked up a torch and a little jar of fluid and blew two fire balls. Then suddenly his son’s mask was on fire and he started patting his neck and chest before walking across the stage toward stagehands who were carrying fire extinguishers.

Daniel said he ran to his son backstage, where he was being treated with compresses. Paramedics had already been called and his son was upbeat, even giving a thumbs-up, the father said.

Clifton Truman Daniel said he is the grandson of former President Harry S. Truman and Wesley Daniel is the president's great-grandson.

Wesley Daniel said his son graduated from Roosevelt University and has been acting for about three years. He was hired as a back-up for the opera “Die Meistersinger von Nurnberg” in case someone called in sick or didn’t show up. Wesley Daniel stepped in when an actor was injured last week, his father said.

Tribune photographer Jason Wambsgans, who was at the rehearsal, said it appeared Daniel had spilled propellant "on his chin or his chest or something. It kind of consumed him, and he was staggering across the stage and then fell off his stilts on the opposite side of the stage.”

Wambsgans said he arrived at the rehearsal at the beginning of the third act to take pictures for an upcoming Tribune review of the opera “Die Meistersinger von Nurnberg.”

The first scene of the third act took about an hour. It was in the second scene when Wambsgans pulled out a long-angle lens to take pictures of the busy stage full of extras, in this case, circus performers. Daniel was one of them.

When it appeared that Daniel, on stilts, was ready to put some sort of propellant in his mouth to shoot fireballs, Wambsgans said he started snapping and captured the flames flaring up on Daniel.

Wambsgans said he saw people in the wings of the stage spraying Daniel with fire extinguishers. “Half of the extras were transfixed by that,” Wambsgans said.

It took about 15 more seconds before the rest of the extras stopped singing and acting, realizing what had happened, he said.

After a 30-minute break, a visibly distressed crew was back rehearsing, Wambsgans said. But the rehearsal was cut short, ending about 6 p.m.

Daniel was wearing a flame-proof costume and mask, a spokeswoman for the Lyric said in an email.  The dress rehearsal was interrupted, but it later resumed and was in the last act of “Die Meistersinger von Nurnberg” by about 5:30 p.m.

Daniel was performing a stunt that had been approved by the Fire Department, according to the Lyric.


The Occupational Safety and Health Administration opened up an investigation into the incident after hearing about Wesley’s accident through the media, said spokesman Scott Allen. A compliance officer went to the Lyric Opera House this morning and talked to witnesses and employees to find out what may have caused the accident and if the opera house violated any OSHA regulations, he added.


Drew Landmesser, the Lyric’s deputy general director who focuses on backstage activities, said the company is still trying to determine the accident’s cause.








“We don’t exactly know the cause of the accident, just that it was a terrible accident and he seems to be doing well,” Landmesser said.


He stressed that Daniel was experienced with such a fire-spitting stunt, which he characterized as routine in the entertainment world.


“You’ve seen this a thousand times: at carnivals, at Renaissance fairs, at kids parties,” Landmesser said. “It’s a common routine for a performer like this.”


That said, Daniel was the replacement for a previous performer who was removed after a mishap involving the same stunt.


“He had a handlebar mustache, and handlebar mustaches and fire-spitting don’t go well together,” Landmesser said, noting that the mustache “got singed, but there was no injury.”


Landmesser said Daniel’s mask never caught fire; nor did his costume.


“The fuel he was spitting was the only thing that was on fire,” he said, adding that the stunt has been removed from the production mostly so audience members won’t become distracted during one of the opera’s climatic scenes. “I think that frankly the press made something hysterical that was a rather calm event, but why upset people, let anyone misunderstand what happened or how safe it is?”


jdelgado@tribune.com


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Well: Warning Too Late for Some Babies

Six weeks after Jack Mahoney was born prematurely on Feb. 3, 2011, the neonatal staff at WakeMed Hospital in Raleigh, N.C., noticed that his heart rate slowed slightly when he ate. They figured he was having difficulty feeding, and they added a thickener to help.

When Jack was discharged, his parents were given the thickener, SimplyThick, to mix into his formula. Two weeks later, Jack was back in the hospital, with a swollen belly and in inconsolable pain. By then, most of his small intestine had stopped working. He died soon after, at 66 days old.

A month later, the Food and Drug Administration issued a caution that SimplyThick should not be fed to premature infants because it may cause necrotizing enterocolitis, or NEC, a life-threatening condition that damages intestinal tissue.


Catherine Saint Louis speaks about using SimplyThick in premature infants.



Experts do not know how the product may be linked to the condition, but Jack is not the only child to die after receiving SimplyThick. An F.D.A. investigation of 84 cases, published in The Journal of Pediatrics in 2012, found a “distinct illness pattern” in 22 instances that suggested a possible link between SimplyThick and NEC. Seven deaths were cited; 14 infants required surgery.

Last September, after more adverse events were reported, the F.D.A. warned that the thickener should not be given to any infants. But the fact that SimplyThick was widely used at all in neonatal intensive care units has spawned a spate of lawsuits and raised questions about regulatory oversight of food additives for infants.

SimplyThick is made from xanthan gum, a widely-used food additive on the F.D.A.’s list of substances “generally recognized as safe.” SimplyThick is classified as a food and the F.D.A. did not assess it for safety.

John Holahan, president of SimplyThick, which is based in St. Louis, acknowledged that the company marketed the product to speech language pathologists who in turn recommended it to infants. The patent touted its effectiveness in breast milk.

However, Mr. Holahan said, “There was no need to conduct studies, as the use of thickeners overall was already well established. In addition, the safety of xanthan gum was already well established.”

Since 2001, SimplyThick has been widely used by adults with swallowing difficulties. A liquid thickened to about the consistency of honey allows the drinker more time to close his airway and prevent aspiration.

Doctors in newborn intensive care units often ask non-physician colleagues like speech pathologists to determine whether an infant has a swallowing problem. And those auxiliary feeding specialists often recommended SimplyThick for neonates with swallowing troubles or acid reflux.

The thickener became popular because it was easy to mix, could be used with breast milk, and maintained its consistency, unlike alternatives like rice cereal.

“It was word of mouth, then neonatologists got used to using it. It became adopted,” said Dr. Steven Abrams, a neonatologist at Texas Children’s Hospital in Houston. “At any given time, several babies in our nursery — and in any neonatal unit — would be on it.”

But in early 2011, Dr. Benson Silverman, the director of the F.D.A.’s infant formula section, was alerted to an online forum where doctors had reported 15 cases of NEC among infants given SimplyThick. The agency issued its first warning about its use in babies that May. “We can only do something with the information we are provided with,” he said. “If information is not provided, how would we know?”

Most infants who took SimplyThick did not fall ill, and NEC is not uncommon in premature infants. But most who develop NEC do so while still in the hospital. Some premature infants given SimplyThick developed NEC later than usual, a few after they went home, a pattern the F.D.A. found unusually worrisome.

Even now it is not known how the thickener might have contributed to the infant deaths. One possibility is that xanthan gum itself is not suitable for the fragile digestive systems of newborns. The intestines of premature babies are “much more likely to have bacterial overgrowth” than adults’, said Dr. Jeffrey Pietz, the chief of newborn medicine at Children’s Hospital Central California in Madera.

“You try not to put anything in a baby’s intestine that’s not natural.” If you do, he added, “you’ve got to have a good reason.”

A second possibility is that batches of the thickener were contaminated with harmful bacteria. In late May 2011, the F.D.A. inspected the plants that make SimplyThick and found violations at one in Stone Mountain, Ga., including a failure to “thermally process” the product to destroy bacteria of a “public health significance.”

The company, Thermo Pac, voluntarily withdrew certain batches. But it appears some children may have ingested potentially contaminated batches.

The parents of Jaden Santos, a preemie who died of NEC while on SimplyThick, still have unused packets of recalled lots, according to their lawyer, Joe Taraska.

The authors of the F.D.A. report theorized that the infants’ intestinal membranes could have been damaged by bacteria breaking down the xanthan gum into too many toxic byproducts.

Dr. Qing Yang, a neonatologist at Wake Forest University, is a co-author of a case series in the Journal of Perinatology about three premature infants who took SimplyThick, developed NEC and were treated. The paper speculates that NEC was “most likely caused by the stimulation of the immature gut by xanthan gum.”

Dr. Yang said she only belatedly realized “there’s a lack of data” on xanthan gum’s use in preemies. “The lesson I learned is not to be totally dependent on the speech pathologist.”

Julie Mueller’s daughter Addison was born full-term and given SimplyThick after a swallow test showed she was at risk of choking. It was recommended by a speech pathologist at the hospital.

Less than a month later, Addison was dead with multiple holes in her small intestine. “It was a nightmare,” said Ms. Mueller, who has filed a lawsuit against SimplyThick. “I was astounded how a hospital and manufacturer was gearing this toward newborns when they never had to prove it would be safe for them. Basically we just did a research trial for the manufacturer.”

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