BP employees charged with manslaughter

NEW ORLEANS (AP) — Two men who worked for BP during the 2010 Gulf oil spill disaster have been charged with manslaughter and a third with lying to federal investigators, according to indictments made public Thursday, hours after BP announced it was paying $4.5 billion in a settlement with the U.S. government over the disaster.

A federal indictment unsealed in New Orleans claims BP well site leaders Robert Kaluza and Donald Vidrine acted negligently in their supervision of key safety tests performed on the Deepwater Horizon drilling rig before the explosion killed 11 workers in April 2010. The indictment says Kaluza and Vidrine failed to phone engineers onshore to alert them of problems in the drilling operation.

Another indictment charges David Rainey, who was BP's vice president of exploration for the Gulf of Mexico, on charges of obstruction of Congress and false statements. The indictment claims the former executive lied to federal investigators when they asked him how he calculated a flow rate estimate for BP's blown-out well in the days after the April 2010 disaster.

Before Thursday, the only person charged in the disaster was a former BP engineer who was arrested in April on obstruction of justice charges. He was accused of deleting text messages about the company's response to the spill.

Earlier in the day, BP PLC said it would plead guilty to criminal charges related to the deaths of 11 workers and lying to Congress.

The day of reckoning comes more than two years after the nation's worst offshore oil spill. The figure includes nearly $1.3 billion in criminal fines — the biggest criminal penalty in U.S. history — along with payments to certain government entities.

"We believe this resolution is in the best interest of BP and its shareholders," said Carl-Henric Svanberg, BP chairman. "It removes two significant legal risks and allows us to vigorously defend the company against the remaining civil claims."

The settlement, which is subject to approval by a federal judge, includes payments of nearly $2.4 billion to the National Fish and Wildlife Foundation, $350 million to the National Academy of Sciences and about $500 million to the Securities and Exchange Commission. The SEC accused BP of misleading investors by lowballing the amount of crude spewing from the ruptured well.

London-based BP said in a statement that the settlement would not cover any civil penalties the U.S. government might seek under the Clean Water Act and other laws. Nor does it cover billions of dollars in claims brought by states, businesses and individuals, including fishermen, restaurants and property owners.

A federal judge in New Orleans is weighing a separate, proposed $7.8 billion settlement between BP and more than 100,000 businesses and individuals who say they were harmed by the spill.

BP will plead guilty to 11 felony counts of misconduct or neglect of a ship's officers, one felony count of obstruction of Congress and one misdemeanor count each under the Migratory Bird Treaty Act and the Clean Water Act. The workers' deaths were prosecuted under a provision of the Seaman's Manslaughter Act. The obstruction charge is for lying to Congress about how much oil was spilling.

The penalty will be paid over five years. BP made a profit of $5.5 billion in the most recent quarter. The largest previous corporate criminal penalty assessed by the U.S. Justice Department was a $1.2 billion fine imposed on drug maker Pfizer in 2009.

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Kids with Down syndrome twice as likely to be heavy
















NEW YORK (Reuters Health) – More than one in four children with Down syndrome in The Netherlands is overweight, a rate double that of Dutch youth without the developmental disability, according to a new study.


“We were alarmed by the high prevalence of overweight in children with Down syndrome,” said Dr. Helma van Gameren-Oosterom, the lead author of the study from the Netherlands Organization for Applied Scientific Research in Leiden.













“Of course we knew that the prevalence of overweight is rising; for Dutch standards a twofold level, however, was not expected.”


Previous studies have suggested children with Down syndrome are especially prone to being heavy. But researchers still aren’t sure why that is, according to Dr. Sheela Magge, an endocrinologist at Children’s Hospital of Philadelphia, who was not part of the new study.


Theories have ranged from physiological differences in metabolism or the way the body suppresses appetite to behavioral differences, such as in how much exercise children get, she said, but no studies have been able to pin down the definitive cause.


About 6,000 babies – or one in every 691 – are born with Down syndrome each year in the U.S., according to the Centers for Disease Control and Prevention.


For the latest study, the researchers compared growth patterns among 659 children with Down syndrome and no other health problems to general data on youth in The Netherlands.


By calculating kids’ weight relative to their height – a unit called body mass index (BMI) – the research team determined which children were overweight and which were obese. The BMI cutoffs for obesity and overweight are different for each age in children.


Magge said they’re not a perfect measure for children with Down syndrome because their body proportions are different than those of other children, but it’s the best available yardstick for now.


Gameren-Oosterom and her colleagues found 25.5 percent of boys with Down syndrome were overweight and 4.2 percent were obese.


Among girls with the condition, 32 percent were overweight and 5.1 percent obese, they report in the medical journal Pediatrics.


In comparison, children in the rest of the Dutch population had much lower rates: for boys, 12.3 percent were overweight and 1.7 percent obese; for girls, 14.7 percent were overweight and 2.2 percent were obese.


Magge said researchers have also observed higher rates of overweight among children with Down syndrome in the U.S.


Gameren-Oosterom wrote in an email to Reuters Health that she and her colleagues suspect lifestyle has something to do with that pattern. Because it’s harder for young people with Down syndrome to develop their motor skills, they may be less active.


Low muscle tone and poor coordination often accompany the disability as well, Magge told Reuters Health.


Her concern with so many kids being overweight is that as people with Down syndrome are living longer, “we may start seeing more complications and comorbidities such as diabetes, cardiovascular disease (and) hypertension, all those things that we worry about in all of our obese adolescents.”


Gameren-Oosterom said it’s difficult to develop a prevention or treatment strategy to target overweight and obesity in children with Down syndrome, given that the causes are unknown.


But like all youth, she added, those children will benefit from a healthy diet and sufficient exercise.


Magge said people with Down syndrome tend to prefer keeping strict routines, which could be something parents can take advantage of to help instill healthy habits.


“In adults it might be that if they get into a routine of eating healthy it’s more likely to stick,” she said.


SOURCE: http://bit.ly/SnWv05 Pediatrics, online November 12, 2012.


Parenting/Kids News Headlines – Yahoo! News



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NASCAR’s Keselowski can’t tweet in car anymore
















CHARLOTTE, N.C. (AP) — Brad Keselowski became a social media darling after hopping on Twitter during a lengthy delay in the Daytona 500.


Keselowski was the center of attention, and NASCAR seemed trendy and hip — a description its executives surely adored.













Turns out, tweeting from the car isn’t cool with NASCAR.


Keselowski was fined $ 25,000 on Monday for tweeting during the red flag at Phoenix International Raceway. The punishment was confusing to fans who vented on Twitter, of course, wondering why Keselowski was punished for Sunday’s tweets when he was celebrated by NASCAR for doing the exact same thing in February’s season-opening race.


Some alleged the Sprint Cup Series points leader was actually being disciplined for his profanity-laced outburst after Sunday’s crash- and fight-marred race.


NASCAR spokesman Kerry Tharp on Tuesday dismissed the conspiracy theories, and said drivers had been told after the Daytona 500 that electronic devices — including cellphones — could not be carried inside the race cars going forward.


“Brad’s tweeting at the Daytona 500 was really our first introduction to the magnitude of the social media phenomenon at the race track, especially how we saw it unfold that evening,” Tharp said. “We encourage our drivers to participate in social media. We feel we have the most liberal social media policy in all of sports, and the access we provide is the best in all of sports.


“But we also have rules that pertain to competition that need to be enforced and abided by. Once the 500 took place, and in the days and weeks following the 500, NASCAR communicated to the drivers and teams that while social media was encouraged and we promoted it, the language in the rule book was clear and that drivers couldn’t carry onboard their cars electronic devices, like a phone.”


Keselowski, who takes a 20-point lead over Jimmie Johnson into Sunday’s season finale in his quest to win his first Sprint Cup Series title, has not commented on his penalty.


But with the championship on the line, his crew chief indicated Tuesday he’ll be doing his best to keep the phone out of the No. 2 Dodge this weekend.


“Never even crossed my mind, to be honest with you,” Paul Wolfe said. “We get so involved in worrying about how to make the race car go around the track that, obviously, Brad’s cellphone is not on my mind a whole lot. I’ll definitely remind him this weekend.”


The Daytona 500 was stopped for nearly two hours when Juan Pablo Montoya crashed into a jet dryer that was cleaning the track during a caution period. The crash caused a fuel explosion, and Keselowski used his phone to tweet pictures, answer questions and give updates on the cleanup during the delay.


The race, which had been rained out for the first time in 54 runnings, was being aired on Monday night in prime time for the first time in history and Keselowski’s tweeting drew worldwide headlines.


Afterward, NASCAR specifically said Keselowski did not violate a rule barring onboard electronic devices and would not be penalized.


“Nothing we’ve seen from Brad violates any current rules pertaining to the use of social media during races,” NASCAR said the day after the race. “We encourage our drivers to use social media to express themselves as long as they do so without risking their safety or that of others.”


NASCAR did not issue a technical bulletin to clarify phones could no longer be inside cars, and the clarification to drivers was apparently done quietly. In fact, Keselowski tweeted from Victory Lane at Bristol in March, and from inside his car parked on pit road during a rain delay at Richmond in September. It’s possible someone could have handed him his phone both times.


A year ago, the outspoken Penske Racing driver was fined $ 25,000 headed into the finale for criticizing electronic fuel injection. At the time, NASCAR had been privately punishing drivers for making disparaging remarks about the series, but word of Keselowski’s fine leaked and forced NASCAR to change its policy during the offseason.


Still, many fans were convinced this week’s fine against Keselowski was actually for his post-race comments about the aggressive racing at Phoenix.


He’d been criticized by several drivers for racing Johnson hard over a pair of late restarts at Texas a week earlier, and felt his aggressive driving paled in comparison to Jeff Gordon intentionally wrecking Clint Bowyer with two laps to go on Sunday. Gordon’s retaliation also collected Joey Logano and Aric Almirola, and forced Keselowski to weave his way around the accident.


“It just drives me absolutely crazy that I get lambasted for racing somebody hard without there even being a wreck and then you see stuff like this … from the same people that criticized me,” he said. “It’s OK to just take somebody out. But you race somebody hard, put a fender on somebody and try to go for the win, and you’re an absolute villain. We can just go out and retaliate against each other and come back in and smile about it, and it’s fine. That’s not what this sport needs. It needs hard racing, it needs people that go for broke, try to win races and put it all out there on the line. Not a bunch of people that have anger issues.”


Social Media News Headlines – Yahoo! News



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Egypt recalls envoy to Israel after Gaza strike
















CAIRO (AP) — Egypt has recalled its ambassador to Israel after an Israeli airstrike killed the military commander of Gaza‘s ruling Hamas.


In a statement read on state TV late Wednesday, spokesman Yasser Ali said that President Mohammed Morsi recalled the ambassador and asked the Arab League‘s Secretary General to convene an emergency ministerial meeting in the wake of the Gaza violence.













Morsi also called for an immediate cease fire between Israel and Hamas, an offshoot of Morsi’s Muslim Brotherhood. Israel says it struck in response to rocket attacks from Gaza.


Hours earlier, Morsi’s Muslim Brotherhood group denounced the Israeli airstrike as a “crime that requires a quick Arab and international response to stem these massacres.”


Relations between Israel and Egypt have deteriorated since longtime President Hosni Mubarak was ousted last year.


Middle East News Headlines – Yahoo! News



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Judge tosses anti-paparazzi counts in Bieber case
















LOS ANGELES (AP) — A law aimed at combating reckless driving by paparazzi is overly broad and should not be used against the first photographer charged under its provisions, a judge ruled Wednesday.


Superior Court Judge Thomas Rubinson dismissed counts filed under the law against Paul Raef, who was charged in July with being involved in a high-speed pursuit of Justin Bieber.













The judge cited numerous problems with the 2010 statute, saying it was aimed at newsgathering activities protected by the First Amendment, and lawmakers should have simply increased the penalties for reckless driving rather than targeting celebrity photographers.


Attorneys for Raef argued the law was unconstitutional and wasn’t meant to protect the public.


“It’s about protecting celebrities,” attorney Brad Kasierman said. “This discrimination sets a dangerous precedent.”


Prosecutors argued that the law, which seeks to punish those who drive dangerously in pursuit of photos for commercial gain, could apply to people in other professions, not just the media.


“The focus is not the photo. The focus is on the driving,” Assistant City Attorney Ann Rosenthal argued.


While the media is granted freedom under the First Amendment, its latitude to gather news is not unlimited, Rosenthal argued.


“This activity has been found to be particularly dangerous,” she said of chases involving paparazzi.


Raef still faces traditional reckless driving counts and has not yet entered a plea,


Prosecutors claim he chased Bieber at more than 80 mph and forced other motorists to avoid collisions while trying to get shots of the teen heartthrob on a Los Angeles freeway.


The chase prompted several 911 calls from scared motorists and led to Bieber being pulled over.


Rubinson cited hypothetical examples in which wedding photographers or even those rushing to do a portrait shoot with a celebrity could face additional penalties if charged under the new statute.


Rosenthal also argued that the judge should look at factors specific to Raef’s case, not hypothetical scenarios.


Kaiserman said the ruling only applies to Raef’s case but could lead to the law being struck down if prosecutors appeal.


___


Anthony McCartney can be reached at http://twitter.com/mccartneyAP


Entertainment News Headlines – Yahoo! News



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Obama warns GOP to lay off Rice attacks

President Barack Obama speaks at his first news conference since his reelection. (Kevin Lamarque/Reuters)President Barack Obama bluntly told John McCain and other Republicans to lay off their attacks against U.N. Ambassador Susan Rice over the Benghazi assault, telling lawmakers that if they go after her "then you have a problem with me." And Obama, speaking at his first post-election press conference, vowed that Republican opposition would not dissuade him from nominating Rice to replace departing Secretary of State Hillary Clinton.


"I don't think there's any debate in this country that when you have four Americans killed that's a problem," he told reporters in the East Room of the White House. "And we've got to get to the bottom of it, and there needs to be accountability, we've got to bring those who carried it out to justice --they won't get any debate from me on that."


"But when they go after the U.N. ambassador, apparently because they think she's an easy target, then they've got a problem with me," he warned.


McCain, Senator Lindsey Graham of South Carolina, and some other Republicans have signaled they will oppose Rice's confirmation if Obama nominates her. Their numbers thus far seem far short of the 40 needed to block it, and some Republican senators have signaled that she should get a fair hearing.


"Let me say specifically about Susan Rice: She has done exemplary work. She has represented the United States and our interests in the United Nations with skill, and professionalism, and toughness, and grace," Obama said.


"And should I choose, if I think that she would be the best person to serve America in the capacity of the State Department, then I will nominate her," he vowed. "That's not a determination that I've made yet."


Rice and Democratic Senator John Kerry, who chairs the Senate Foreign Relations Committee, are seen as the front-runners in the race to succeed Clinton.


Conservatives have assailed Rice, who is close to Obama, ever since she made the rounds of the Sunday morning talk shows and said that American intelligence believed that the attack on the American compound in Benghazi, which claimed the lives of U.S. Ambassador Chris Stevens and three other Americans, grew out of demonstrations against an Internet video that ridicules Islam.


"As that unfolded, it seems to have been hijacked, let us say, by some individual clusters of extremists who came with heavier weapons, weapons that, as you know, in the wake of the revolution in Libya are quite common and accessible. And it then evolved from there," she told ABC.


White House aides have said that Rice was speaking based on the best available intelligence at the time.


"She made an appearance at the request of the White House in which she gave her best understanding of the intelligence provided to her," Obama said Wednesday. "If Senator McCain and Senator Graham want to go after somebody, they should go after me."


"But for them to go after the U.N. ambassador, who had nothing to do with Benghazi, and was simply making a presentation based on intelligence that she had received, and to besmirch her reputation is outrageous," he said.


"We're after an election now," he scolded. "I think it is important for us to find out exactly what happened in Benghazi, and I'm happy to cooperate in any ways that Congress wants. We have provided every bit of information that we have and we will continue to provide information and we've got a full-blown investigation. And all that information will be disgorged to Congress."


McCain and Graham hit back quickly.


"I have always said that the buck stops with the President of the United States," the Arizona senator said in a written statement. McCain accused Obama of "contradictory statements" about the attack, labeling it an "act of terror" the day after it happened then resisting the use of the word "terrorism" for roughly a week afterwards.


"We owe the American people and the families of the murdered Americans a full and complete explanation, which for two months the President has failed to deliver," said McCain, who has called for Congress to create a "select committee" to investigate.


"Mr. President, don't think for one minute I don't hold you ultimately responsible for Benghazi.  I think you failed as commander in chief before, during and after the attack," Graham said in a statement released by his office.


"We owe it to the American people and the victims of this attack to have full, fair hearings and accountability be assigned where appropriate. Given what I know now, I have no intention of promoting anyone who is up to their eyeballs in the Benghazi debacle," Graham said.


Obama opened what was his first press conference in months with a vow to work with both parties in Congress to tackle the so-called fiscal cliff and revive the economy. He also said he had "no evidence" that the scandal that led David Petraeus to resign in disgrace from his job as CIA director had led to breaches in classified national security material.


"Right now our economy is still recovering from a very deep and damaging crisis, so our top priority has to be jobs and growth," Obama said in opening remarks in the East Room of the White House.


"Both parties can work together" to address the fiscal challenges "in a balanced and responsible way," he said, before pushing Republicans to sign on to his call for raising taxes on the richest Americans.


Asked whether the scandal the drove Petraeus from office had led to national security breaches, Obama replied: "I have no evidence at this point, from what I've seen, that classified information was disclosed that in any way would have had a negative impact on our national security." And the president praised the retired general, saying "we are safer because of the work Dave Petraeus has done."


Asked for his appraisal of the FBI's work in bringing to light the marital infidelity that Petraeus cited in his resignation message, and why he and the American public learned of the probe only earlier this month, Obama said "I am withholding judgment" on that process but expressed "a lot of confidence generally in the FBI."


Turning to his tax battle with Republicans, Obama stuck by his vow to oppose any legislation that extends the Bush-era tax cuts for the wealthiest 2 percent of Americans. The president, asked why he had agreed to extend them in the 2010 lame duck session of Congress, said that "was a one-time proposition" and that "we cannot afford" to do so again.


Obama said he would be willing to look at raising tax revenues by closing loopholes. But he warned that doing so would probably not outweigh an estimated trillion dollars lost by extending tax cuts on income above $250,000. "The math tends not to work," he said.


"I just want to emphasize: I am open to new ideas," Obama underlined. "If the Republican counterparts or some Democrats have a great idea for us to raise revenue, maintain progressivity, make sure the middle class isn't getting hit, reduces our deficit, encourages growth, I'm not going to just slam the door in their face. I want to hear ideas from everybody."


And he reiterated that he does not want just a stopgap agreement with Congress.


"I want a big deal, I want a comprehensive deal," he said. "Fair-minded people can come to an agreement."


Obama, who won the Latino vote by a lopsided margin, also vowed to pursue comprehensive immigration reform in his second term. He said it should include border enforcement, penalties for companies that knowingly hire undocumented workers, while providing "a pathway for legal status" for those who pay their taxes and learn English. He also said it should lock in his presidential determination that undocumented immigrants brought here as children should not be deported but have a potential path to citizenship.


"We need to seize the moment," he said, predicting that "we will have a bill introduced and we begin the process in Congress very soon after my inauguration."


Obama addressed a handful of other issues:


- On the standoff over Iran's suspect nuclear program


Obama pledged to "try to make a push in the coming months to see if we can open up a dialogue between Iran and not just us but the international community, to see if we can get this thing resolved. ... I can't promise that Iran will walk through the door that they need to walk though, but that would be very much the preferable option" to military action, he said.


- On the possibility of working with Republican rival Mitt Romney


Obama said that "we haven't scheduled something yet."


"I think everybody needs to catch their breath," he said. "I'm sure that Governor Romney is spending some time with his family. And my hope is, before the end of the year, though, that we have a chance to sit down and talk."


- On whether he has a mandate


"I don't presume that because I won an election, that everybody suddenly agrees with me on any — everything. I'm more than familiar with all the literature about presidential overreach in second terms," Obama said. "We are very cautious about that.


"On the other hand, I didn't get re-elected just to bask in re- election," he went on to say. "I got elected to do work on behalf of American families and small businesses all across the country who are still recovering from a really bad recession but are hopeful about the future. And I am, too."


- On climate change


Obama said he would embark "over the next several weeks, next several months" in a "wide-ranging discussion" with scientists, engineers, elected officials and others about "short-term" steps to reduce the carbon emissions that are blamed for global warming. But he seemed pessimistic about any broad response.


"I don't know what either Democrats or Republicans are prepared to do," he said. "There's no doubt that for us to take on climate change in a serious way would involve making some tough political choices."


"And you know, understandably, I think the American people right now have been so focused and will continue to be focused on our economy and jobs and growth that, you know, if the message is somehow we're going to ignore jobs and growth simply to address climate change, I don't think anybody's going to go for that. I won't go for that."


- On relations with the news media.


Bloomberg reporter Hans Nichols shouted out a question about taxes after Obama had indicated that he had already taken his final query.


"That was a great question, but it would be a horrible precedent for me to answer your question just because you yelled it out," Obama said. "So thank you very much, guys."


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U.S. Congress takes aim at FDA over meningitis outbreak
















WASHINGTON/NEW YORK (Reuters) – Members of a congressional committee investigating the deadly U.S. meningitis outbreak accused the Food and Drug Administration on Wednesday of failing to prevent the crisis by moving too slowly against a Massachusetts pharmacy.


Tainted steroids from the pharmacy, New England Compounding Center (NECC), have so far killed 32 people and sickened 461 in 19 states, according to updated figures from the U.S. Centers for Disease Control and Prevention. Those numbers are expected to rise with as many as 14,000 people having been exposed to the drugs injected to ease back pain.













“After a tragedy like this, the first question we all ask is: could this have been prevented? After an examination of documents produced by the Massachusetts Board of Pharmacy and the U.S. Food and Drug Administration, the answer here appears to be yes,” Cliff Stearns, Republican chairman of the oversight and investigations panel, said at the hearing of the House Energy and Commerce Committee.


The panel aims to learn why regulators took no action against the Framingham, Massachusetts-based compounding pharmacy that manufactured the tainted drug – despite repeated problems dating back to 1999, including adverse patient reactions to a sterile steroid treatment from as early as 2002.


In a highly contentious hearing that lasted four hours, committee members repeatedly accused FDA Commissioner Margaret Hamburg of failing to answer questions about FDA authority and a lack of action against NECC. Hamburg in turn insisted that the FDA lacks clear authority to regulate compounding pharmacies due to conflicting court rulings and other regulatory ambiguities.


She said new laws must be passed that give the FDA clear authority to regulate compounding pharmacies as it does large drug manufacturers.


“This isn’t, sadly, an isolated incident. This is the worst and most tragic. It should be the last wakeup call for us,” Hamburg said of the deadly meningitis outbreak.


“We really need a strong, clear and appropriate legislation. We cannot have a crazy quilt where different parts of the country are subject to different legal frameworks,” she told the committee.


UNREGULATED COMPOUNDING


Drug compounding is a little-known practice in which pharmacists traditionally alter or recombine drugs to meet the special needs of specific patients with a doctor’s prescription. It is overseen primarily by state authorities that are often ill-equipped for the job.


But in some cases, as with NECC, compounding has evolved to include large-scale production that some experts view as drug manufacturing that should be subject to FDA regulation.


FDA and Massachusetts officials inspected the NECC more than 10 years ago after patients were hospitalized with meningitis-like symptoms and identified contamination in the same drug at issue in the current outbreak.


“Ten years later, we are in the midst of an unthinkable, worst-case scenario – the body count is growing by the day – and hundreds, hundreds – have fallen ill. Inexcusable,” said Fred Upton, Republican chairman of the House Energy and Commerce Committee.


Upton criticized FDA for not providing all the documents related to NECC or a clear timeline of events. He said his committee requested both more than a month ago.


However, U.S. Representative Henry Waxman of California, the committee’s ranking Democrat, defended the FDA and turned his ire toward NECC.


“Let’s not lose sight of the wrongdoers as we go around blaming regulators,” Waxman said.


He noted that the FDA knew 10 years ago that there could be a meningitis outbreak due to practices at NECC “and it wasn’t corrected by the company.”


He said the agency met with “stubborn refusals and a challenge to FDA’s authority” from NECC officials.


Waxman called for bipartisan legislation that gives FDA clear and effective authority to prevent compounders from becoming dangerous drug manufacturers like NECC.


HAMBURG IN HOT SEAT


But Republican committee members repeatedly, and sometimes angrily, challenged Hamburg’s contention that FDA lacked the authority to oversee compounders that had grown into defacto manufacturers.


“We’re just not buying it Ms. Hamburg,” said Representative Michael Burgess of Texas, an obstetrician by profession.


“Go look in the eyes of the victims and try to tell them that,” said Republican Tim Murphy of Pennsylvania.


Nebraska Republican Lee Terry was extremely combative with Hamburg, repeatedly asking for specific statutes that prevented FDA oversight of compounders and cutting off her attempts to respond. Terry went as far as accusing the commissioner of deliberately providing written testimony in the middle of the night so committee members had little time to review it.


“I know that you’re frustrated with my answers and I’m sorry. I can’t just give ‘yes or no’ answers. This is complex,” Hamburg told Murphy at one point.


Murphy shot back that what victims were going through was complex. “Leadership is easy if you’re willing to accept it. You are not.”


Florida Democrat Kathy Castor rose to Hamburg’s defense in describing current laws on regulating compounders as varying from region to region, creating conflicting enforcement issues.


“There is ambiguity. There is great ambiguity,” she said.


Waxman also attempted to rescue Hamburg, accusing Republican counterparts of playing politics. “I have a feeling, Dr. Hamburg, that you’re being picked on by Republicans because you’re with the Obama administration,” he said.


He pointed out that past FDA failures being referred to took place under a different commissioner during the Bush administration.


The panel also heard testimony from the widow of one of the victims, as well as Massachusetts Department of Public Health interim Commissioner Dr. Lauren Smith, to whom congress members were respectful and complimentary, and NECC co-owner Barry Cadden, who refused to answer any questions from the committee.


Cadden, a short, middle-aged man flanked by two attorneys, appeared before the committee with spiky close-cropped hair and wearing a dark gray business suit. He repeatedly cited his right to not incriminate himself under the fifth amendment of the U.S. Constitution when asked to explain breakdowns in sanitary conditions at NECC that led to the meningitis outbreak.


The Massachusetts Board of Registration in Pharmacy, which does have oversight of NECC, failed to carry out sanctions against the company despite repeated problems that culminated in this year’s outbreak.


Several lawmakers questioned Smith about relations between NECC and the Massachusetts pharmacy board, some saying reports of close ties among individuals could have encouraged state regulators to favor the interests of pharmacies over patients.


Waxman noted that weak sanctions to which NECC previously agreed occurred when Mitt Romney was governor of Massachusetts.


The committee heard emotional testimony from the 78-year-old widow of a Kentucky judge who was among the first to die in the meningitis outbreak.


“It was such a useless thing that happened to my husband,” Joyce Lovelace said, testifying from a wheelchair.


“I can’t begin to tell you what I have lost,” she said, her voice breaking with emotion. “I’ve come here begging you to do something about it.”


Democrat Edward Markey, whose congressional district includes the town where NECC is located, said Congress would take action.


“I commit to you and all the victims that we will not stop until this industry is safe,” he said.


(Additional reporting by Bill Berkrot in New York; Editing by Dan Grebler, Andrew Hay and Maureen Bavdek)


Medications/Drugs News Headlines – Yahoo! News



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Zynga CFO leaves for Facebook
















SAN FRANCISCO (Reuters) – Zynga Inc‘s chief financial officer, David Wehner, will leave the company for an executive position at Facebook Inc, the gaming company announced Tuesday as it reshuffled its upper ranks.


David Ko, chief mobile officer, has been elevated to become Zynga‘s new chief operations officer.













Mark Vranesh, Zynga’s top accounting executive, will replace Wehner as CFO, Zynga said.


(Reporting By Gerry Shih; Editing by Steve Orlofsky)


Gaming News Headlines – Yahoo! News



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General investigated for emails to Petraeus friend
















PERTH, Australia (AP) — In a new twist to the Gen. David Petraeus sex scandal, the Pentagon said Tuesday that the top American commander in Afghanistan, Gen. John Allen, is under investigation for alleged “inappropriate communications” with a woman who is said to have received threatening emails from Paula Broadwell, the woman with whom Petraeus had an extramarital affair.


Defense Secretary Leon Panetta said in a written statement issued to reporters aboard his aircraft, en route from Honolulu to Perth, Australia, that the FBI referred the matter to the Pentagon on Sunday.













Panetta said that he ordered a Pentagon investigation of Allen on Monday.


A senior defense official traveling with Panetta said Allen’s communications were with Jill Kelley, who has been described as an unpaid social liaison at MacDill Air Force Base, Fla., which is headquarters to the U.S. Central Command. She is not a U.S. government employee.


Kelley is said to have received threatening emails from Broadwell, who is Petraeus’ biographer and who had an extramarital affair with Petraeus that reportedly began after he became CIA director in September 2011.


Petraeus resigned as CIA director on Friday.


Allen, a four-star Marine general, succeeded Petraeus as the top American commander in Afghanistan in July 2011.


The senior official, who discussed the matter only on condition of anonymity because it is under investigation, said Panetta believed it was prudent to launch a Pentagon investigation, although the official would not explain the nature of Allen’s problematic communications.


The official said 20,000 to 30,000 pages of emails and other documents from Allen’s communications with Kelley between 2010 and 2012 are under review. He would not say whether they involved sexual matters or whether they are thought to include unauthorized disclosures of classified information. He said he did not know whether Petraeus is mentioned in the emails.


“Gen. Allen disputes that he has engaged in any wrongdoing in this matter,” the official said. He said Allen currently is in Washington.


Panetta said that while the matter is being investigated by the Defense Department Inspector General, Allen will remain in his post as commander of the International Security Assistance Force, based in Kabul. He praised Allen as having been instrumental in making progress in the war.


The FBI’s decision to refer the Allen matter to the Pentagon rather than keep it itself, combined with Panetta’s decision to allow Allen to continue as Afghanistan commander without a suspension, suggested strongly that officials viewed whatever happened as a possible infraction of military rules rather than a violation of federal criminal law.


Allen was Deputy Commander of Central Command, based in Tampa, prior to taking over in Afghanistan. He also is a veteran of the Iraq war.


In the meantime, Panetta said, Allen’s nomination to be the next commander of U.S. European Command and the commander of NATO forces in Europe has been put on hold “until the relevant facts are determined.” He had been expected to take that new post in early 2013, if confirmed by the Senate, as had been widely expected.


Panetta said President Barack Obama was consulted and agreed that Allen’s nomination should be put on hold. Allen was to testify at his confirmation hearing before the Senate Armed Services Committee on Thursday. Panetta said he asked committee leaders to delay that hearing.


NATO officials had no comment about the delay in Allen’s appointment.


“We have seen Secretary Panetta‘s statement,” NATO spokeswoman Carmen Romero said in Brussels. “It is a U.S. investigation.”


Panetta also said he wants the Senate Armed Services Committee to act promptly on Obama’s nomination of Gen. Joseph Dunford to succeed Allen as commander in Afghanistan. That nomination was made several weeks ago. Dunford’s hearing is also scheduled for Thursday.


___


Associated Press writer Slobodan Lekic in Kabul, Afghanistan, contributed to this report.


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Charlie Chaplin’s bowler and cane to hit auction block
















LOS ANGELES (Reuters) – One of Charlie Chaplin’s iconic bowler hats and canes, the staple of Hollywood silent-era comedy, will go under the hammer in Los Angeles this weekend, auction house Bonhams said on Tuesday.


Chaplin’s hat and cane – synonymous with his trademark “Little Tramp” character in films such as “City Lights” and “Modern Times” – are expected to fetch between $ 40,000 and $ 60,000 in the November 18 auction.













It is unknown how many of Chaplin’s bowlers and canes still exist, said Lucy Carr, a memorabilia specialist at Bonhams. The ones up for auction come from a private collection but have a direct link to Chaplin, Carr said.


The waddling and bumbling Little Tramp character propelled Chaplin to global fame. The character, which Hollywood legend says was created by accident on a rainy day at Keystone Studio, first appeared in 1914′s “Kid Auto Races at Venice” and lastly in 1936′s “Modern Times.”


Chaplin’s hat and cane are the highlights of an auction of popular culture artifacts including a saxophone that belonged to jazz pioneer Charlie Parker ($ 22,000-$ 26,000) and a handwritten letter from John Lennon in which The Beatle sketched himself and wife Yoko Ono nude ($ 18,000-$ 22,000).


Other items hitting the block range from an archive of Marilyn Monroe photographs ($ 15,000-$ 20,000), an early Charles Schulz “Peanuts” comic strip ($ 10,000-$ 15,000) and a wicker chair from Rick’s Cafe in “Casablanca” ($ 5,000-$ 7,000).


(Reporting By Eric Kelsey, editing by Jill Serjeant)


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