Bonds, Clemens, Sosa set to show up on Hall ballot

NEW YORK (AP) — Barry Bonds, Roger Clemens and Sammy Sosa are set to show up on the Hall of Fame ballot for the first time, and fans will soon find out whether drug allegations block the former stars from reaching baseball's shrine.

The 2013 ballot will be announced Wednesday.

Craig Biggio, Mike Piazza and Curt Schilling are certain to be among the other first-time eligibles. Jack Morris, Jeff Bagwell and Tim Raines are the top holdover candidates.

Longtime members of the Baseball Writers' Association of America will vote through next month. The much-awaited results will be announced Jan. 9, with players needing to be listed on 75 percent of the ballots to gain induction.

The upcoming election is certain to fuel the most polarizing Hall debate since career hits leader Pete Rose's betting problems put him on baseball's permanently ineligible list, barring him from the BBWAA ballot.

Bonds, Clemens and Sosa each posted some of the biggest numbers in the game's history, but all were tainted by accusations that they used performance-enhancing drugs.

Bonds is baseball's all-time home runs leader with 762 and won a record seven MVP awards. Clemens ranks ninth in career wins with 354 and took home a record seven Cy Young Awards. Sosa is eighth on the home run chart with 609.

Fans, players and Hall of Fame members have all chimed in about whether stars who supposedly juiced up during the Steroids Era should make it to Cooperstown.

Many of those opposed say drug cheats should never be afforded baseball's highest individual honors. Others on the opposite side claim the use of performance-enhancing drugs was pervasive in the 1980s and 1990s, and shouldn't disqualify candidates.

If recent voting for the Hall is any indication, the odds are solidly stacked against Bonds, Clemens and Sosa.

Mark McGwire is 10th on the career home run list with 583, but has never received even 24 percent in his six tries. Big Mac has admitted using steroids and human growth hormone.

Rafael Palmeiro is among only four players with 500 homers and 3,000 hits, yet has gotten a high of 12.6 percent in his two years on the ballot. Palmeiro drew a 10-day suspension in 2005 after a positive test for performance-enhancing drugs, and said the result was due to a vitamin vial given to him by teammate Miguel Tejada.

Read More..

Facebook Gifts Urges Users to Shop While They Share





SAN FRANCISCO — Facebook is already privy to its users’ e-mail addresses, wedding pictures and political beliefs. Now the company is nudging them to share a bit more: credit card numbers and offline addresses.







James Best Jr./The New York Times

Facebook Gifts is a service that prompts users to buy things for friends on the social network.






Sharing Even More




What do you think about Facebook’s plan to have users buy gifts for their friends through the site using their credit cards?







A screenshot of Facebook Gifts.






The nudge comes from a new Facebook service called Gifts. It allows Facebook users — only in the United States for now — to buy presents for their friends on the social network. On offer are items as varied as spices from Dean & DeLuca, pajamas from BabyGap and subscriptions to Hulu Plus, the video service. This week Facebook added iTunes gift cards.


The gift service is part of an aggressive moneymaking push aimed at pleasing Facebook’s investors after the company’s dismal stock market debut. Facebook has stepped up mobile advertising and is starting to customize the marketing messages it shows to users based on their Web browsing outside Facebook.


Those efforts seem to have brought some relief to Wall Street. Analysts issued more bullish projections for the company in recent days, and the stock was up 49 percent from its lowest point, closing Tuesday at $26.15, although that is still well below the initial offering price of $38. The share price has been buoyed in part by the fact that a wave of insider lockup periods expired without a flood of shares hitting the market.


To power the Gifts service, Facebook rented a warehouse in South Dakota and created its own software to track inventory and shipping. It will not say how much it earns from each purchase made through Gifts, though merchants that have a similar arrangement with Amazon.com give it a roughly 15 percent cut of sales.


If it catches on, the service would give Facebook a toehold in the more than $200 billion e-commerce market. Much more important, it would let the company accumulate a new stream of valuable personal data and use it to refine targeted advertisements, its bread and butter. The company said it did not now use data collected through Gifts for advertising purposes, but could not rule it out in the future.


“The hard part for Facebook was aggregating a billion users. Now it’s more about how to monetize those users without scaring them away,” said Colin Sebastian, an analyst with Robert W. Baird.


He added: “Gifts should also contribute more to Facebook’s treasure trove of user data, which has the benefit of a virtuous cycle, driving more personalization of the site, leading to better and more targeted ads, which improves overall monetization.”


Facebook already collects credit card information from users who play social games on its site. But they are a limited constituency, and a wider audience may be persuaded to buy a gift when Facebook reminds them that a friend is expecting a baby or a cousin is approaching her 40th birthday.


The Gifts service, which grew out of Facebook’s acquisition of a mobile application called Karma, was introduced in September and expanded earlier this month on the eve of the holiday shopping season.


Magnolia Bakery, based in New York, was among Facebook’s early partners for Gifts. Its vice president for public relations, Sara Gramling, said the company had sold roughly 200 packages of treats since then. She counted it as a marketing success. The bakery, which gained fame thanks to “Sex and the City,” had only recently begun shipping its goods. “It was a great opportunity to expand our network,” she said.


Magnolia Bakery isn’t exactly catering to the masses. A half-dozen cupcakes cost $35, plus about $12 for shipping. Facebook, Ms. Gramling said, takes care of the billing. The bakery is eyeing Facebook’s global reach, too, as it opens outlets internationally, especially in the Middle East.


One of the appeals of Facebook Gifts is the ease of making a purchase. Facebook users are nudged to buy a gift (a gift-box icon pops up) for Facebook friends on their birthdays. They are offered a vast menu to choose from: beer glasses, cake pops, quilts, marshmallows, magazine subscriptions and donations to charity. They are asked to choose a greeting card. Then they are asked for credit card details. Facebook says it stores that credit card information, unless users remove it after making a purchase.


Facebook has declined to say how many users have bought gifts, only that among those who have, the average purchase is $25.


David Streitfeld contributed reporting.



Read More..

Books: Woe Is Syphilis, and Other Afflictions of Famous Writers





The old Irishman was a swollen, wheezing mess, blood pressure wildly out of control, kidneys failing, heart fibrillating. “What we have here,” said his new Spanish doctor, “is an antique cardiorenal sclerotic of advanced years.”




In fact, what the doctor had there was William Butler Yeats: the poet had a long list of chronic medical problems and experienced one of his regular cardiac crises while wintering in Spain. He still had three poetically productive years ahead of him before he died of heart failure in 1939, at age 73.


What makes antique case histories like Yeats’s so compelling to research, so interesting to read? Admittedly, they have educational value — medicine moves forward by looking back — but their major attraction is undoubtedly the operatic vigor of their emotional punch. As we contemplate the poor health of historic notables, we can sigh gustily at the immense suffering our ancestors considered routine, wince at the lunatic treatments they so innocently underwent, and marvel over and over again that the body, the brain and the mind can take such divergent paths.


These pleasures are present in abundance in the newest addition to the genre of medical biography, “Shakespeare’s Tremor and Orwell’s Cough.” Dr. John J. Ross, a Harvard physician, writes that he stumbled into the field by accident while trying to enliven a lecture on syphilis with a few literary references. The discovery that Shakespeare was apparently obsessed with syphilis (and suspiciously familiar with its symptoms) hooked Dr. Ross.


The resulting collection of 10 medico-literary biographical sketches ranges from the tubercular Brontës, whose every moist cough is familiar to their fans, to figures like Nathaniel Hawthorne, whose medical stories are considerably less familiar.


Dr. Ross’s discussion of Shakespeare is unique in the collection for its paucity of relevant data: so few details are known of the playwright’s life, let alone his health, that all commentary is necessarily supposition. Dr. Ross is not the first to note that references to syphilis are “more abundant, intrusive and clinically exact” in Shakespeare’s works than those of his contemporaries. This observation, along with the apparent deterioration of Shakespeare’s handwriting in his last years, leads to the hypothesis that Shakespeare had syphilis repeatedly as a young man, and wound up suffering more from treatment than disease.


The Elizabethans dosed syphilis with a combination of hot baths (treating the disease by raising body temperature endured into the 20th century), cathartics and lavish quantities of mercury. The drooling that accompanies mercury poisoning was considered a sign of excellent therapeutic progress, Dr. Ross writes: “Savvy physicians adjusted the mercury dose to produce three pints of saliva a day for two weeks.”


And so, when Shakespeare signed his will a month before he died with a shaky hand, was his tremor not possibly a sign of residual nerve damage from the mercury doses of his sybaritic youth? No amount of scholarship is likely to confirm this theory, but details of the argument are gripping and instructive nonetheless.


The story of the blind poet John Milton runs for a while along similar lines. Much is known about the long deterioration of Milton’s vision and other particulars of his delicate health, but Dr. Ross observes that many of his problems seem to have cleared up once he actually became blind. Was he vigorously medicating himself with lead-based nostrums in hopes of forestalling what Dr. Ross argues was probably progressive retinal detachment, then recovering from lead poisoning once his vision was irretrievably gone? Another intriguing if unanswerable question.


Just as the competing injuries of disease and treatment battered the luminaries of English and American literature, so did pervasive mental illness.


Jonathan Swift was a classic obsessive-compulsive long before he succumbed to frontotemporal dementia (Pick’s disease). Poor Hawthorne, so forceful on the page, was in person a tortured shrinking violet, the embodiment of social phobia and depression. Emily Brontë’s behavior was strongly suggestive of Asperger syndrome; Herman Melville was clearly bipolar; Ezra Pound was just nuts.


Yet they all wrote on, despite continual psychic and physical torments. Perhaps the thickest medical chart of all belongs to Jack London, who survived several dramatic episodes of scurvy while prospecting in the Klondike (he was treated with raw potatoes, a can of tomatoes and a single lemon), then accumulated a long list of other medical problems before killing himself (inadvertently, Dr. Ross argues) with an overdose of morphine from his personal and very capacious medicine chest.


Dr. Ross has not written a perfect book. The fictionalized scenes he creates between some of his subjects and their medical providers should all have been excised by a kindly editorial hand, which might also have addressed more than a few grammatical errors. Frequent leaps from descriptive to didactic mode as Dr. Ross updates the reader on various medical conditions can be jarring, like PowerPoint slides suddenly deployed in a poetry reading. True literary scholars might dismiss the book as lit crit lite, a hodgepodge of known facts culled from the usual secondary sources.


But all these caveats fade into the background when Dr. Ross hits his narrative stride, as he does in chapter after chapter. Then the stories of the wounded storytellers unfold smoothly on the page, as mesmerizing as any they themselves might have told, those squinting, wheezing, arthritic, infected, demented, defective yet superlative examples of the human condition.


Read More..

Egypt’s President Said to Limit Scope of Judicial Decree


Tara Todras-Whitehill for The New York Times


Egyptians at a burned-out school in Cairo on Monday before the funeral of an activist who was injured in a clash and died Sunday.







CAIRO — With public pressure mounting, President Mohamed Morsi appeared to pull back Monday from his attempt to assert an authority beyond the reach of any court. His allies in the Muslim Brotherhood canceled plans for a large demonstration in his support, signaling a chance to calm an escalating battle that has paralyzed a divided nation.




After Mr. Morsi met for hours with the judges of Egypt’s Supreme Judicial Council, his spokesman read an “explanation” on television that appeared to backtrack from a presidential decree placing Mr. Morsi’s official edicts above judicial scrutiny — even while saying the president had not actually changed a word of the statement.


Though details of the talks remained hazy, and it was not clear whether the opposition or the court would accept his position, Mr. Morsi’s gesture was another demonstration that Egyptians would no longer allow their rulers to operate above the law. But there appeared little chance that the gesture alone would be enough to quell the crisis set off by his perceived power grab.


Protesters remained camped in Tahrir Square, and the opposition was moving ahead with plans for a major demonstration on Tuesday.


The presidential spokesman, Yasser Ali, said for the first time that Mr. Morsi had sought only to assert pre-existing powers already approved by the courts under previous precedents, not to free himself from judicial oversight.


He said that the president meant all along to follow an established Egyptian legal doctrine suspending judicial scrutiny of presidential “acts of sovereignty” that work “to protect the main institutions of the state.” The judicial council had said Sunday that it could bless aspects of the decree deemed to qualify under the doctrine.


Mr. Morsi had maintained from the start that his purpose was to empower himself to prevent judges appointed by former President Hosni Mubarak from dissolving the constituent assembly, which is led by his fellow Islamists of the Muslim Brotherhood’s Freedom and Justice Party. The courts have already dissolved the Islamist-led Parliament and an earlier constituent assembly, and the Supreme Constitutional Court was widely expected to rule against this one next week.


But the text of the original decree had exempted all presidential edicts from judicial review until the ratification of a constitution, not just those edicts related to the assembly or justified as “acts of sovereignty.”


Legal experts said that the spokesman’s explanations of the president’s intentions, if put into effect, would amount to a revision of the decree Mr. Morsi issued last Thursday. But lawyers said that the verbal statements alone carried little legal weight.


How the courts would apply the doctrine remained hard to predict. And Mr. Morsi’s opposition indicated it was holding out for far greater concessions, including the breakup of the whole constituent assembly.


Speaking at a news conference while Mr. Morsi was meeting with the judges, the opposition activist and intellectual Abdel Haleem Qandeil called for “a long-term battle,” declaring that withdrawal of Mr. Morsi’s new powers was only the first step toward the opposition’s goal of “the withdrawal of the legitimacy of Morsi’s presence in the presidential palace.” Completely withdrawing the edict would be “a minimum,” he said.


Khaled Ali, a human rights lawyer and former presidential candidate, pointed to the growing crowd of protesters camped out in Tahrir Square for a fourth night. “The one who did the action has to take it back,” Mr. Ali said.


Moataz Abdel Fattah, a political scientist at Cairo University, said Mr. Morsi was saving face during a strategic retreat. “He is trying to simply say, ‘I am not a new pharaoh; I am just trying to stabilize the institutions that we already have,’ ” he said. “But for the liberals, this is now their moment, and for sure they are not going to waste it, because he has given them an excellent opportunity to score.”


Read More..

Thunder dominate first half, rout Bobcats 114-69

OKLAHOMA CITY (AP) — Russell Westbrook tipped away a pass, got into the open court all by himself and then braced for a big take-off and a signature throwdown dunk. Instead, he meekly flipped the ball into the basket and grinned sheepishly at the Oklahoma City Thunder bench after the miscue.

"I really thought he was going to do something a little better than what he did, but I'll take up for him and say he slipped a little bit," said Kevin Durant, the three-time NBA scoring champion.

"But he made up for it at the end of the half."

Did he ever.

Westbrook powered home a right-handed slam to put an exclamation point on one of the most dominant first halves in NBA history, putting Oklahoma City up by 40 on its way to a 114-69 blowout of the Charlotte Bobcats on Monday night.

The 64-24 advantage was the fifth-biggest halftime lead in NBA's shot clock era and the largest since Golden State set the record with an 88-41 edge on Sacramento on Nov. 2, 1991, according to STATS.

It ended up as the biggest blowout in Bobcats history.

"We struggled to hit shots, we struggled to get good shots, we got beat on the boards. We got beat in all facets of the game," Charlotte center Brendan Haywood said. "In a game like this tonight, you just basically say they beat us in every which way possible and you bounce back and you learn from the film."

Durant scored 18 points and Westbrook had 12 points and 11 assists. The defending Western Conference champions pulled their starters after Durant's 3-pointer from the right wing made it 79-25 less than 5 minutes into the second half.

"We came out and took care of business, regardless of who the opponent is," Westbrook said. "That's a good team. They came in tonight and had won some big games.

"We just took care of business."

Rookie Jeff Taylor scored 10 points to lead Charlotte, which had shown promise with seven early wins — the same number it had last season while going 7-59 and setting an NBA record for futility.

The franchise's worst blowout previously had been a 112-68 defeat against Portland on Feb. 1.

"There hasn't been any kind of damage control to be done on this game," first-year coach Mike Dunlap said. "We kind of know that OKC is a test for us, we failed it miserably but there are other, better days ahead."

The Bobcats opened with their worst offensive quarter of the season, scoring just 12 points while committing seven turnovers on their 20 possessions, and it only got worse.

Oklahoma City broke it open with a 22-3 run, scoring the final 10 points of the first quarter and then 12 of the first 15 to start the second. Eric Maynor and Kevin Martin hit 3-pointers on consecutive possessions, and Durant followed that by setting up back-to-back two-handed dunks by Hasheem Thabeet and Nick Collison to make it 40-15 with 8:23 left before halftime.

The Thunder shot 60 percent from the field in the first half while limiting Charlotte to 22 percent and forcing 11 turnovers. The Bobcats made only 3 of 20 shots in the second quarter while getting outscored 36-12.

The biggest concern for Dunlap, though, was a 28-15 disadvantage on the boards that he said comes down to "nothing more than raw bone effort."

"We're obviously better than last year. That shows," said ex-Thunder center Byron Mullens. "But tonight, they just got our number. I don't know what else to say. They got us tonight."

Dunlap said the Bobcats are "too young to throw the tape away" and just act like the game never happened.

"You have to take it serious. You have to look at it definitely seriously and you have to take it as a learning experience," Haywood said.

The last five players on the Thunder bench played the entire fourth quarter but Charlotte still couldn't avoid the most lopsided loss in the franchise's history, despite pulling within 38 twice in the fourth quarter.

It didn't come close to the NBA record for margin of victory — from Cleveland's 148-80 rout of Miami on Dec. 17, 1991.

"You can overreact in these situations, but we need to react and respond to it, no doubt," Dunlap said.

It still wasn't a Thunder franchise record for a halftime margin. When the team was based in Seattle, the SuperSonics held a 75-31 lead at Boston on Nov. 23, 1967 — the second-largest margin in the shot clock era, which started in the 1954-55 season.

Westbrook playfully dodged giving an explanation of his open-court flub, simply taking credit for it as "two points."

About a minute and a half later he atoned for it with the last of the Thunder's 13 straight points to finish the first half.

"They was sleeping. Everybody's head turned, so I decided to go and take off," Westbrook said.

Asked whether there was any reason he slammed the ball down so hard, he gave a big grin and said: "It's a tendency. I have a tendency of dunking the ball like that. Just natural, I guess."

Notes: Oklahoma City's highest-scoring first half this season came at New Orleans on Nov. 15, when the Thunder took a 66-37 lead. ... Charlotte's Bismack Biyombo missed his second straight game with a left leg contusion. Dunlap had called him a game-time decision. Gerald Henderson (sprained left foot) and Tyrus Thomas (left calf strain) also sat out.

Read More..

Puerto Rico Races to Rescue Its Pension Fund





Puerto Rico is fighting to stay afloat in a rising sea of debt.




Its economy is sputtering. Its population is shrinking. Its recent election is disputed. Its public pension fund is perilously low on cash. The American territory has just been through a brutal five-year recession, something not experienced in the United States as a whole since the 1930s.


Desperate to raise cash, Puerto Rican officials have been selling off anything they can: two toll roads and the main airport so far.


To bring in tax revenue, they are trying to lure people out of the underground economy. Coffee shops, hairdressers, even outdoor market stalls are being required to issue printed receipts with every sale. The receipts carry a lottery number, with a chance to win cars or cash, as an incentive to get shoppers to pay the island’s 7 percent sales tax.


Though many of Puerto Rico’s problems are reminiscent of Greece’s — tax noncompliance, a stagnant economy, years of issuing long-term debt to cover short-term payments — investors have had a nearly insatiable appetite for its bonds.


But now their support is dwindling. Some big investors are pruning their holdings. That is beginning to widen the cost of borrowing for Puerto Rico relative to other states and municipalities, which are benefiting from a big decline in borrowing costs. The interest rate its 30-year bonds now pay is about 2.5 percentage points higher than other municipal borrowers’, up from a difference of just 1.5 percentage points at the beginning of 2012, according to Municipal Market Data.


The possibility of a credit downgrade also hangs in the air, something that could lead to more selling.


“There is no specific event looming on the horizon,” said Alan Schankel, a managing director at Janney Capital Markets in Philadelphia. “But it’s a problem of immense magnitude, and it’s very challenging to sit here and see how they work their way out of it.”


Puerto Rico needs to be able to issue bonds at attractive rates to cover its short-term financing needs. Perhaps more important, it has to figure out how to salvage its retirement funds. After shortchanging them for years, it now has the weakest major public pension system in America.


The main fund, which serves about 250,000 government workers, past and present, is only 6 percent funded — a small percentage of what is considered the minimum needed for a marginally healthy pension plan — and could run out of money as soon as 2014. Another fund, for about 80,000 teachers, which is 20 percent funded, will last just a few years longer if nothing is done. Police officers and teachers in Puerto Rico have opted out of Social Security and rely entirely on their pensions.


“For now, I’m not totally shaken about the possibility of the fund going broke,” said Jorge Ramón Román, a 78-year-old retired instructor for the island’s Civil Air Patrol. “But I do fear for the future, when I’ll be an even older person, more infirm and with less of a pension.”


Héctor M. Mayol Kauffman, the executive director of the pension system, said it would be impossible to cut the benefits of people who are already retired, citing court precedent.


Puerto Rican officials were racing this fall to put together a rescue plan for the pension fund. Voters, though, pushed out Gov. Luis Fortuño, who had tried austerity measures that included cutting tens of thousands of government workers along with a revamping of the fund.


They elected Alejandro García Padilla, who promised to create 50,000 new jobs in the next 18 months. But the margin was razor-thin and Mr. Fortuño has requested a recount. Mr. García Padilla’s party had dropped out of the retirement overhaul effort, but the governor-elect says he will deal with the looming pension crisis with “diligence and promptness” and has put together a task force of economists and financial advisers.


“We will not leave retired government workers stranded at a bus stop in their older years,” he said.


Since the election, yields on the island’s 30-year bonds have continued to widen.


“I don’t think that there’s a default that’s about to happen, but a default isn’t the only bad thing that can happen when you’ve got bonds,” Mr. Schankel said. Puerto Rico’s bonds are just a notch or two above junk status. If they fall to that level, at least some institutions would be forced to sell, potentially setting off a chain reaction. And individual investors could get a jolt if they saw the value of their holdings fall. Many people own Puerto Rican debt without knowing it, through their mutual funds.


“The concern is that Puerto Rico is a systemic risk to the municipal bond market because it’s so widely held,” said Robert Donahue, a managing director with Municipal Market Advisors.


Rafael Matos contributed reporting from San Juan, P.R.



Read More..

Agency Investigates Deaths and Injuries Associated With Bed Rails


Thomas Patterson for The New York Times


Gloria Black’s mother died in her bed at a care facility.







In November 2006, when Clara Marshall began suffering from the effects of dementia, her family moved her into the Waterford at Fairway Village, an assisted living home in Vancouver, Wash. The facility offered round-the-clock care for Ms. Marshall, who had wandered away from home several times. Her husband Dan, 80 years old at the time, felt he could no longer care for her alone.








Thomas Patterson for The New York Times

Gloria Black, visiting her mother’s grave in Portland, Ore. She has documented hundreds of deaths associated with bed rails and said families should be informed of their possible risks.






But just five months into her stay, Ms. Marshall, 81, was found dead in her room apparently strangled after getting her neck caught in side rails used to prevent her from rolling out of bed.


After Ms. Marshall’s death, her daughter Gloria Black, who lives in Portland, Ore., began writing to the Consumer Product Safety Commission and the Food and Drug Administration. What she discovered was that both agencies had known for more than a decade about deaths from bed rails but had done little to crack down on the companies that make them. Ms. Black conducted her own research and exchanged letters with local and state officials. Finally, a letter she wrote in 2010 to the federal consumer safety commission helped prompt a review of bed rail deaths.


Ms. Black applauds the decision to study the issue. “But I wish it was done years ago,” she said. “Maybe my mother would still be alive.” Now the government is studying a problem it has known about for years.


Data compiled by the consumer agency from death certificates and hospital emergency room visits from 2003 through May 2012 shows that 150 mostly older adults died after they became trapped in bed rails. Over nearly the same time period, 36,000 mostly older adults — about 4,000 a year — were treated in emergency rooms with bed rail injuries. Officials at the F.D.A. and the commission said the data probably understated the problem since bed rails are not always listed as a cause of death by nursing homes and coroners, or as a cause of injury by emergency room doctors.


Experts who have studied the deaths say they are avoidable. While the F.D.A. issued safety warnings about the devices in 1995, it shied away from requiring manufacturers to put safety labels on them because of industry resistance and because the mood in Congress then was for less regulation. Instead only “voluntary guidelines” were adopted in 2006.


More warnings are needed, experts say, but there is a technical question over which regulator is responsible for some bed rails. Are they medical devices under the purview of the F.D.A., or are they consumer products regulated by the commission?


“This is an entirely preventable problem,” said Dr. Steven Miles, a professor at the Center for Bioethics at the University of Minnesota, who first alerted federal regulators to deaths involving bed rails in 1995. The government at the time declined to recall any bed rails and opted instead for a safety alert to nursing homes and home health care agencies.


Forcing the industry to improve designs and replace older models could have potentially cost bed rail makers and health care facilities hundreds of million of dollars, said Larry Kessler, a former F.D.A. official who headed its medical device office. “Quite frankly, none of the bed rails in use at that time would have passed the suggested design standards in the guidelines if we had made them mandatory,” he said. No analysis has been done to determine how much it would cost the manufacturers to reduce the hazards.


Bed rails are metal bars used on hospital beds and in home care to assist patients in pulling themselves up or helping them out of bed. They can also prevent people from rolling out of bed. But sometimes patients — particularly those suffering from Alzheimer’s — can get confused and trapped between a bed rail and a mattress, which can lead to serious injury or even death.


While the use of the devices by hospitals and nursing homes has declined as professional caregivers have grown aware of the dangers, experts say dozens of older adults continue to die each year as more rails are used in home care and many health care facilities continue to use older rail models.


Since those first warnings in 1995, about 550 bed rail-related deaths have occurred, a review by The New York Times of F.D.A. data, lawsuits, state nursing home inspection reports and interviews, found. Last year alone, the F.D.A. data shows, 27 people died.


As deaths continued after the F.D.A. warning, a working group put together in 1999 and made up of medical device makers, researchers, patient advocates and F.D.A. officials considered requiring bed rail makers to add warning labels.


But the F.D.A. decided against it after manufacturers resisted, citing legal issues. The agency said added cost to small manufacturers and difficulties of getting regulations through layers of government approval, were factors against tougher standards, according to a meeting log of the group in 2000 and interviews.


Read More..

As Rebels Gain, Congo Again Slips Into Chaos





GOMA, Democratic Republic of Congo — The lights are out in most of Goma. There is little water. The prison is an empty, garbage-strewn wasteland with its rusty front gate swinging wide open and a three-foot hole punched through the back wall, letting loose 1,200 killers, rapists, rogue soldiers and other criminals.




Now, rebel fighters are going house to house arresting people, many of whom have not been seen again by their families.


“You say the littlest thing and they disappear you,” said an unemployed man named Luke.


In the past week, the rebels have been unstoppable, steamrolling through one town after another, seizing this provincial capital, and eviscerating a chaotic Congolese Army whose drunken soldiers stumble around with rocket-propelled grenades and whose chief of staff was suspended for selling crates of ammunition to elephant poachers.


Riots are exploding across the country — in Bukavu, Butembo, Bunia, Kisangani and Kinshasa, the capital, a thousand miles away. Mobs are pouring into streets, burning down government buildings and demanding the ouster of Congo’s weak and widely despised president, Joseph Kabila.


Once again, chaos is courting Congo. And one pressing question is, why — after all the billions of dollars spent on peacekeepers, the recent legislation passed on Capitol Hill to cut the link between the illicit mineral trade and insurrection, and all the aid money and diplomatic capital — is this vast nation in the heart of Africa descending to where it was more than 10 years ago when foreign armies and marauding rebels carved it into fiefs?


“We haven’t really touched the root cause,” said Aloys Tegera, a director for the Pole Institute, a research institute in Goma.


He said Congo’s chronic instability is rooted in very local tensions over land, power and identity, especially along the Rwandan and Ugandan borders. “But no one wants to touch this because it’s too complicated,” he added.


The most realistic solution, said another Congo analyst, is not a formal peace process driven by diplomats but “a peace among all the dons, like Don Corleone imposed in New York.”


Congo’s problems have been festering for years, wounds that never quite scabbed over.


But last week there was new urgency after hundreds of rebel fighters, wearing rubber swamp boots and with belt-fed machine guns slung across their backs, marched into Goma, the capital of North Kivu Province and one of the country’s most important cities.


The rebels, called the M23, are a heavily armed paradox. On one hand, they are ruthless. Human rights groups have documented how they have slaughtered civilians, pulling confused villagers out of their huts in the middle of the night and shooting them in the head.


On the other hand, the M23 are able administrators — seemingly far better than the Congolese government, evidenced by a visit in recent days to their stronghold, Rutshuru, a small town about 45 miles from Goma.


In Rutshuru, there are none of those ubiquitous plastic bags twisted in the trees, like in so many other parts of Congo. The gravel roads have been swept clean and the government offices are spotless. Hand-painted signs read: “M23 Stop Corruption.” The rebels even have green thumbs, planting thousands of trees in recent months to fight soil erosion.


“We are not a rebellion,” said Benjamin Mbonimpa, an electrical engineer, a bush fighter and now a top rebel administrator. “We are a revolution.”


Their aims, he said, were to overthrow the government and set up a more equitable, decentralized political system. This is why the rebels have balked at negotiating with Mr. Kabila, though this weekend several rebels said that the pressure was increasing on them to compromise, especially coming from Western countries.


On Sunday, rebel forces and government troops were still squared off, just a few miles apart, down the road from Goma.


The M23 rebels are widely believed to be covertly supported by Rwanda, which has a long history of meddling in Congo, its neighbor blessed with gold, diamonds and other glittering mineral riches. The Rwandan government strenuously denies supplying weapons to the M23 or trying to annex eastern Congo. Rwanda has often denied any clandestine involvement in this country, only to have the denials later exposed as lies.


Read More..

Giants end slide, rout Packers 38-10

EAST RUTHERFORD, N.J. (AP) — So much for that tired arm for Eli Manning, and that offensive slump for the New York Giants. They got it fixed in their bye week, then routed the Green Bay Packers 38-10 Sunday night.

The Packers certainly can attest to New York's turnaround following a week off. The showcase game was decided early as the Giants outscored the Packers 31-10 in the opening half. Manning reached 200 career TD passes by throwing for three scores as New York (7-4) snapped a two-game slide, ended Green Bay's five-game winning streak, and opened a two-game lead in the NFC East.

"Play like world champions," coach Tom Coughlin said. "That was the theme of our meetings this week and Saturday."

The Packers (7-4) were missing such key starters as linebacker Clay Matthews, defensive back Charles Woodson and receiver Greg Jennings, and it showed as they fell one game behind NFC North leader Chicago. After being manhandled in last season's playoffs by the Giants, who went on to win the Super Bowl, the Packers weren't much more competitive this time. Aaron Rodgers was sacked five times, including twice by Mathias Kiwanuka, who spent much of the game at defensive tackle rather than in his usual linebacker spot.

New York's balanced attack was guided by Manning, who had his first strong game in a month with 249 yards passing.

"There was no doubt he was going to come back and play well," Coughlin said. "I think the rest really helped him. ... Eli said he felt as if he was coming back for the start of the season. I was very confident he would come back and be Eli."

Ahmad Bradshaw gained a combined 119 yards and scored a touchdown. He had the first big play of the night to begin the offensive onslaught.

New York struck early with a brilliantly conceived screen pass to Bradshaw off a fake reverse to Victor Cruz. Bradshaw sped down the field before being caught at the Green Bay 2, a 59-yard pickup that led to Andre Brown's scoring run.

Brown later broke his leg; Coughlin did not say which leg after the game.

Green Bay didn't flinch, with Jordy Nelson getting behind Corey Webster in single coverage down the right sideline for a 61-yard TD reception from Rodgers.

The scoring flurry went back in the Giants' favor — and pretty much stayed there — when Manning hit Rueben Randle in the back of the end zone for a 16-yard TD. It was the first score for the rookie and Manning's first touchdown throw in four games, and he set it up with, of all things, a scramble in which he laid his shoulder into Packers cornerback Tramon Williams for a 13-yard gain.

"It sparked our sideline," Coughlin said. "It would not be the recommended way. To see him do that kind of sent the message to the rest of our team: Whatever you have to do to succeed, do it."

Webster's interception led to Lawrence Tynes' 43-yard field goal late in the first quarter for a 17-7 lead, and the Giants weren't nearly done. Manning's 9-yard connection with Cruz tied him for the club record with 199 career TD passes, and after Osi Umenyiora's strip-sack of Rodgers was recovered by Jason Pierre-Paul at the Green Bay 23, Bradshaw scored from the 13.

The 31 points were the most New York scored in a half all season and nearly equaled the 33 it scored in its two losses before the bye.

And the Giants had more offense in them. Manning threw his 200th TD pass to move ahead of Phil Simms, a 13-yarder over the middle to Hakeem Nicks, who stretched the ball over the goal line as he was tackled.

The Giants lost safety Kenny Phillips with a knee injury in the third quarter. He was making his first appearance since Week 4, when he was sidelined with a knee problem. Right tackle David Diehl sustained a stinger in the first half.

___

Online: http://pro32.ap.org/poll and http://twitter.com/AP_NFL

Read More..

Agency Investigates Deaths and Injuries Associated With Bed Rails


Thomas Patterson for The New York Times


Gloria Black’s mother died in her bed at a care facility.







In November 2006, when Clara Marshall began suffering from the effects of dementia, her family moved her into the Waterford at Fairway Village, an assisted living home in Vancouver, Wash. The facility offered round-the-clock care for Ms. Marshall, who had wandered away from home several times. Her husband Dan, 80 years old at the time, felt he could no longer care for her alone.








Thomas Patterson for The New York Times

Gloria Black, visiting her mother’s grave in Portland, Ore. She has documented hundreds of deaths associated with bed rails and said families should be informed of their possible risks.






But just five months into her stay, Ms. Marshall, 81, was found dead in her room apparently strangled after getting her neck caught in side rails used to prevent her from rolling out of bed.


After Ms. Marshall’s death, her daughter Gloria Black, who lives in Portland, Ore., began writing to the Consumer Product Safety Commission and the Food and Drug Administration. What she discovered was that both agencies had known for more than a decade about deaths from bed rails but had done little to crack down on the companies that make them. Ms. Black conducted her own research and exchanged letters with local and state officials. Finally, a letter she wrote in 2010 to the federal consumer safety commission helped prompt a review of bed rail deaths.


Ms. Black applauds the decision to study the issue. “But I wish it was done years ago,” she said. “Maybe my mother would still be alive.” Now the government is studying a problem it has known about for years.


Data compiled by the consumer agency from death certificates and hospital emergency room visits from 2003 through May 2012 shows that 150 mostly older adults died after they became trapped in bed rails. Over nearly the same time period, 36,000 mostly older adults — about 4,000 a year — were treated in emergency rooms with bed rail injuries. Officials at the F.D.A. and the commission said the data probably understated the problem since bed rails are not always listed as a cause of death by nursing homes and coroners, or as a cause of injury by emergency room doctors.


Experts who have studied the deaths say they are avoidable. While the F.D.A. issued safety warnings about the devices in 1995, it shied away from requiring manufacturers to put safety labels on them because of industry resistance and because the mood in Congress then was for less regulation. Instead only “voluntary guidelines” were adopted in 2006.


More warnings are needed, experts say, but there is a technical question over which regulator is responsible for some bed rails. Are they medical devices under the purview of the F.D.A., or are they consumer products regulated by the commission?


“This is an entirely preventable problem,” said Dr. Steven Miles, a professor at the Center for Bioethics at the University of Minnesota, who first alerted federal regulators to deaths involving bed rails in 1995. The government at the time declined to recall any bed rails and opted instead for a safety alert to nursing homes and home health care agencies.


Forcing the industry to improve designs and replace older models could have potentially cost bed rail makers and health care facilities hundreds of million of dollars, said Larry Kessler, a former F.D.A. official who headed its medical device office. “Quite frankly, none of the bed rails in use at that time would have passed the suggested design standards in the guidelines if we had made them mandatory,” he said. No analysis has been done to determine how much it would cost the manufacturers to reduce the hazards.


Bed rails are metal bars used on hospital beds and in home care to assist patients in pulling themselves up or helping them out of bed. They can also prevent people from rolling out of bed. But sometimes patients — particularly those suffering from Alzheimer’s — can get confused and trapped between a bed rail and a mattress, which can lead to serious injury or even death.


While the use of the devices by hospitals and nursing homes has declined as professional caregivers have grown aware of the dangers, experts say dozens of older adults continue to die each year as more rails are used in home care and many health care facilities continue to use older rail models.


Since those first warnings in 1995, about 550 bed rail-related deaths have occurred, a review by The New York Times of F.D.A. data, lawsuits, state nursing home inspection reports and interviews, found. Last year alone, the F.D.A. data shows, 27 people died.


As deaths continued after the F.D.A. warning, a working group put together in 1999 and made up of medical device makers, researchers, patient advocates and F.D.A. officials considered requiring bed rail makers to add warning labels.


But the F.D.A. decided against it after manufacturers resisted, citing legal issues. The agency said added cost to small manufacturers and difficulties of getting regulations through layers of government approval, were factors against tougher standards, according to a meeting log of the group in 2000 and interviews.


Read More..