California jury orders Skilled Healthcare to pay $671 million in damages

">
California jury orders Skilled Healthcare to pay $671 million in damages

Friday, July 9, 2010

A California jury in a Humboldt County courthouse ordered nursing home operator Skilled Healthcare (SH) to pay $671 million (about €531 million) in a class action lawsuit from patients of SH’s 22 California facilities and their families. The jury found that SH failed to properly staff its facilities to comply with California state law.

The jury has not heard the case for punitive damages; however, it awarded the plaintiffs $613 million (about €484 million) in statutory damages. The remaining $58 million (about €46 million) was in restitution.

After the verdict was issued, Skilled Healthcare stocks plunged over 75% to a record low.

An official statement from SH says it “strongly disagrees” with the jury’s verdict. SH plans on filing an appeal to the decision. The company could possibly face bankruptcy because of this verdict.

One of the lawyers for the nearly 32,000 plaintiffs, Timothy Needham, claimed that inadequate staffing levels put SH’s patients at risk. He said, “The company knows that this lack of staffing causes a higher risk of problems for patients. Call lights don’t get answered, persons don’t get proper hygiene, persons don’t get their medications on time or the care they need.”

This lawsuit does not apply to SH’s facilities in Arizona, Iowa, Kansas, Missouri, Nevada, New Mexico, and Texas.

Gastric bypass surgery performed by remote control

">
Gastric bypass surgery performed by remote control

Sunday, August 21, 2005

A robotic system at Stanford Medical Center was used to perform a laparoscopic gastric bypass surgery successfully with a theoretically similar rate of complications to that seen in standard operations. However, as there were only 10 people in the experimental group (and another 10 in the control group), this is not a statistically significant sample.

If this surgical procedure is as successful in large-scale studies, it may lead the way for the use of robotic surgery in even more delicate procedures, such as heart surgery. Note that this is not a fully automated system, as a human doctor controls the operation via remote control. Laparoscopic gastric bypass surgery is a treatment for obesity.

There were concerns that doctors, in the future, might only be trained in the remote control procedure. Ronald G. Latimer, M.D., of Santa Barbara, CA, warned “The fact that surgeons may have to open the patient or might actually need to revert to standard laparoscopic techniques demands that this basic training be a requirement before a robot is purchased. Robots do malfunction, so a backup system is imperative. We should not be seduced to buy this instrument to train surgeons if they are not able to do the primary operations themselves.”

There are precedents for just such a problem occurring. A previous “new technology”, the electrocardiogram (ECG), has lead to a lack of basic education on the older technology, the stethoscope. As a result, many heart conditions now go undiagnosed, especially in children and others who rarely undergo an ECG procedure.

HIV-positive man receives 35 years for spitting on Dallas police officer

">
HIV-positive man receives 35 years for spitting on Dallas police officer

Sunday, May 18, 2008

An HIV-positive man was sentenced to 35 years in prison Wednesday, one day after being convicted of harassment of a public servant for spitting into the eye and open mouth of a Dallas, Texas police officer in May 2006. The United States Centers for Disease Control and Prevention says that no one has ever contracted HIV from saliva, and a gay-rights and AIDS advocacy group called the sentence excessive.

A Dallas County jury concluded that Willie Campbell’s act of spitting on policeman Dan Waller in 2006 constituted the use of his saliva as a deadly weapon. The incident occurred while Campbell, 42, was resisting arrest while being taken into custody for public intoxication.

“He turns and spits. He hits me in the eye and mouth. Then he told me he has AIDS. I immediately began looking for something to flush my eyes with,” said Waller to The Dallas Morning News.

Officer Waller responded after a bystander reported seeing an unconscious male lying outside a building. Dallas County prosecutors stated that Campbell attempted to fight paramedics and kicked the police officer who arrested him for public intoxication.

It’s been 25 years since the virus was identified, but there are still lots of fears.

Prosecutors said that Campbell yelled that he was innocent during the trial, and claimed a police officer was lying. Campbell’s lawyer Russell Heinrichs said that because he had a history of convictions including similarly attacking two other police officers, biting inmates, and other offenses, he was indicted under a habitual offender statute. The statute increased his minimum sentence to 25 years in prison. Because the jury ruled that Campbell’s saliva was used as a deadly weapon, he will not be eligible for parole until completing at least half his sentence.

If you look at the facts of this case, it was clear that the defendant intended to cause serious bodily injury.

The organization Lambda Legal (Lambda Legal Defense and Education Fund), which advocates for individuals living with HIV, says that saliva should not be considered a deadly weapon. Bebe Anderson, the HIV projects director at Lambda Legal, spoke with The Dallas Morning News about the sentence. “It’s been 25 years since the virus was identified, but there are still lots of fears,” said Anderson.

The Dallas County prosecutor who handled the trial, Jenni Morse, said that the deadly weapon finding was justified. “No matter how minuscule, there is some risk. That means there is the possibility of causing serious bodily injury or death,” said Morse. Dallas County District Attorney Craig Watkins stated: “If you look at the facts of this case, it was clear that the defendant intended to cause serious bodily injury.”

Contact with saliva, tears, or sweat has never been shown to result in transmission of HIV.

A page at the CDC’s website, HIV and Its Transmission, states: “HIV has been found in saliva and tears in very low quantities from some AIDS patients.” The subsection “Saliva, Tears, and Sweat” concludes that: “Contact with saliva, tears, or sweat has never been shown to result in transmission of HIV.” On Friday the Dallas County Health Department released a statement explaining that HIV is most commonly spread through sexual contact, sharing needles, or transfusion from an infected blood product.

2008 Leisure Taiwan launched in Taipei World Trade Center

">
2008 Leisure Taiwan launched in Taipei World Trade Center
December 21st, 2018 in Uncategorized | No Comments

Saturday, July 19, 2008

This year’s Leisure Taiwan trade show (a.k.a Taiwan Sport Recreation and Leisure Show) started yesterday, with 131 companies participating including sports media companies such as ESPN and VideoLand Television, businesses selling sports equipment and fitness clubs.

There were also a variety of sports being played in the arena built for the trade show. The events included a 3-on-3 basketball tournament, free style shooting, and bicycle test-riding. In addition, conferences discussed issues related to sports and physical education.

A major topic in the trade show was energy-efficiency and, as a result, bicycles and similar sports equipment were being heavily promoted.

Next Tuesday, companies from the electronics industry plan to promote their industry at “2008 Digital E-Park.” In previous years, organizations from the electronics industry have showcased their products at Leisure Taiwan instead of at the Digital E-Park, so this move has reduced the number of markets covered by Leisure Taiwan.

Cisco sues Apple for iPhone trademark

">
Cisco sues Apple for iPhone trademark
December 21st, 2018 in Uncategorized | No Comments

Friday, January 12, 2007

The iPhone only made its appearance as a prototype and there have been controversies aroused.

The dispute has come up between the manufacturer of the iPhone (which was resented on Wednesday for the first time) – Apple Inc. – and a leader in network and communication systems, based in San JoseCisco. The company claims to possess the trademark for iPhone, and moreover, that it sells devices under the same brand through one of its divisions.

This became the reason for Cisco to file a lawsuit against Apple Inc. so that the latter would stop selling the device.

Cisco states that it has received the trademark in 2000, when the company overtook Infogear Technology Corp., which took place in 1996.

The Vice President and general counsel of the company, Mark Chandler, explained that there was no doubt about the excitement of the new device from Apple, but they should not use a trademark, which belongs to Cisco.

The iPhone developed by Cisco is a device which allows users to make phone calls over the voice over Internet protocol (VoIP).

Interview with Reggie Bibbs on his life with neurofibromatosis

">
Interview with Reggie Bibbs on his life with neurofibromatosis
December 20th, 2018 in Uncategorized | No Comments

Friday, December 14, 2007

Neurofibromatosis (NF) is a genetic condition causing benign tumors (neurofibromas) to grow along certain types of nerves and, in addition, it can affect the development of bones or skin. There are several variants of the disease but type 1 and type 2 NF account for the vast majority of cases.

The disease manifestations can vary from very mild to severe. Major symptoms include growths on and under the skin; skin pigmentations called café au lait spots in type 1; acoustic nerve tumors and consequent hearing loss in type 2. Growths can affect nearly all parts of the body, and pressure on nearby structures can cause a wide variety of complications. There is a small risk that the tumors transform into malignant cancerous lesions.

NF is one of the most common single-gene human diseases; around 1 in 2,500-4,000 live births are affected by NF-1, whereas NF-2 occurs in about 1 in 50,000-120,000. Both type 1 and 2 are autosomal dominant conditions, meaning that only one copy of the mutated gene need be inherited to pass the disorder. A child of a parent with neurofibromatosis and an unaffected parent will have a 50% chance of inheriting the disorder. The gene responsible for NF-1 and possibly NF-2 is thought to function as a tumor suppressor gene.

In most cases of neurofibromatosis 1, patients can live normal and productive lives. In about 25-40% of patients there is an associated learning disability with or without ADHD. In some cases of neurofibromatosis 2, the damage to nearby vital structures, such as the cranial nerves and the brainstem, can be life-threatening. When tumors are causing pain or disfiguration, surgery is thus far the only proven beneficial treatment option.

Reggie Bibbs is a 43-year-old-man living in Houston, Texas. Mr Bibbs was born with a genetic disease called neurofibromatosis (NF), which causes him to develop tumors on his body (see infobox on the right). NF can be a subtle disease, but in Bibbs’ case it has left him with a disfigured face and deformed leg. But he is happy with the way he looks, and doesn’t want to change his appearance to please other people. He has launched a successful campaign entitled “Just Ask”, and that’s just what Wikinews did in a video-interview.

The interview was prepared by Wikinews reporter Michaël Laurent with the help of Bertalan Meskó (who has a popular genetics and web 2.0 blog). Their questions were sent to a close friend of Mr. Bibbs, Lou Congelio, who kindly conducted the interview.

Contents

  • 1 Infobox: What is neurofibromatosis?
  • 2 The interview
    • 2.1 On neurofibromatosis
    • 2.2 Growing up
    • 2.3 A head to toe body tour
    • 2.4 The daily life of Reggie Bibbs
    • 2.5 Raising awareness and his campaign
  • 3 Sources
  • 4 External links
This exclusive interview features first-hand journalism by a Wikinews reporter. See the collaboration page for more details.

Tensions continue to rise in Middle East over “Mohammad Cartoons”

">
Tensions continue to rise in Middle East over “Mohammad Cartoons”
December 20th, 2018 in Uncategorized | No Comments

Friday, February 3, 2006

The publishing of a series of cartoons of the Prophet Mohammad in a Copenhagen newspaper sparked a string of harsh and in some places violent reactions in the Middle East, forcing European leaders to try to calm the situation.

This backlash started in late September 2005, when the Danish newspaper Jyllands-Posten published a dozen cartoons depicting the Prophet Mohammad. The images ranged from serious to comical in nature; a particularly controversial cartoon portrays Mohammad with a bomb wrapped in his turban. The Jutland-based newspaper states that the images were meant to inspire some level of public debate over the image of Islam in Europe, and had no direct aim of offending anyone.

However, many Muslims follow the doctrine of aniconism concerning the portrayal of Mohammad. This tenet of Islam states that the Prophet Mohammad should not be depicted in any type of art, regardless of the intent of the piece. This belief, along with the potentially insensitive nature of some of the caricatures, have caused offense to many Muslims in the Arab world.

In the past month, the controversy over these cartoons escalated. The cartoons were re-published last month in Spain, Italy, Germany, France and the Netherlands (where the latter two nations have large Muslim populations), and have begun to re-circulate throughout the Middle East.

Many Danish companies have been targeted for boycotts. As Wikinews reported last week, Arla Foods, Denmark’s top dairy company, has seen their sales fall to zero in some Middle East nations. Carrefour, a French retail chain, has pulled all Danish products from its shelves in the region. Earlier this week, protests were held throughout the region, including the Gaza Strip in Jerusalem, where Hamas supporters led an assault and protest that surrounded the European Union offices for Israel.

Hamas members, some armed with guns, stormed the EU office (which is primarily staffed by Arabs) and demanded apologies from EU member states, saying they would otherwise face serious consequences. “It will be a suitable reaction, and it won’t be predictable,” said Abu Hafss, a member of the Al Quds Brigade (an affiliate of the group Islamic Jihad), in a press conference outside the EU offices. And the Abu al-Reesh Brigades, a group related to the late Yassir Arafat’s Fatah party, warned that EU member states had 10 hours to apologize for the cartoons or their citizens would be “in danger”.

Jamila Al Shanty, a newly elected Hamas legislator, stated that more rallies will be planned in protest of the cartoons. “We are angry – very, very, very angry,” Al Shanty said today, adding that “No one can say a bad word about our prophet.”

The Iranian newspaper Hamshari daily has stated that on February 8 it will publish anti-semitic cartoons in response to the Danish cartoons, apparently failing to notice that Denmark has only a tiny Jewish population, since most escaped to Sweden during the World War II Holocaust. The newspaper says that the cartoons will lampoon the Holocaust despite denials by the Iranian government that the Holocaust even happened.

Jyllands-Posten, the newspaper that first published the cartoons did issue an apology to Arab countries on Monday, shortly after the EU office incident. But with the support of the government of Denmark, the newspaper had earlier defended its actions fiercely, citing the universal right to free press, and its duty to serve democratic traditions by inspiring debate. Indeed, Anders Fogh Rasmussen, Prime Minister of Denmark, said “We are talking about an issue with fundamental significance to how democracies work.” In fact, some European pundits have placed more fault on Muslims for refusing to “accept Western standards of free speech and pluralism”. When the cartoons were originally published in 2005 they were intended to highlight and redress the unequal restrictions applied to Islamic content in European newspapers in comparison with content referring to other religions. The cartoons are also self-referential, with one character in the cartoons writing in Arabic on a blackboard “Jyllands-Posten’s journalists are a bunch of reactionary provocateurs”, and another cartoon showing a cartoonist having to work in hiding because one of the cartoons he is drawing includes an image of the Prophet Mohammad. The text around the cartoons stated:

“The modern, secular society is rejected by some Muslims. They demand a special position, insisting on special consideration of their own religious feelings. It is incompatible with contemporary democracy and freedom of speech, where you must be ready to put up with insults, mockery and ridicule. It is certainly not always equally attractive and nice to look at, and it does not mean that religious feelings should be made fun of at any price, but that is less important in this context. […] we are on our way to a slippery slope where no-one can tell how the self-censorship will end. That is why Morgenavisen Jyllands-Posten has invited members of the Danish editorial cartoonists union to draw Muhammad as they see him. […]”

However, some world leaders have elected to help defuse what could be a major social crisis in Europe and the Middle East. France’s foreign minister Philippe Douste-Blazy said that freedom of the press should be exercised “in the spirit of tolerance”, sentiments which were echoed by United Nations General Secretary Kofi Annan. Ursula Plassnik, foreign minister of Austria, said that the European community must “clearly condemn” acts which insult religion. And Hamid Karzai, president of Afghanistan, warned Europe that “any insult to the Holy Prophet (Peace Be Upon Him) is an insult to more than one billion Muslims and an act like this must never be allowed to be repeated.”

Rasmussen, in an interview with Arabic TV Al arabia, said that “…Danish government condemns any expression and any action which offends people’s religious feelings…” and also said that he does not understand why, as the cartoons were originally published in September, the situation has only truly started to deteriorate in the past week.

In Denmark, there are counter-demonstrations by moderate Muslims saying they don’t want the images banned. Munira Mirza commented that many Muslims “want to be able to say: ‘Hey we’re not children, we can handle criticism, we don’t need special protection – we’re equal’. Many don’t want to be treated as a special group, seen as worthy of more protection from criticism than other groups because of their apparent victim status.”

Religious satirist Stewart Lee commented that Jyllands-Posten had “tried to deal with a subject they don’t know enough about, and this is one of the teething problems of the cross-over of cultures in the world. I’m sure the level of offence is far greater than would have been intended.”

The director (Directeur de publication) of “France Soir“, a French national newspaper was fired in response for publishing a cartoon titled: “Yes, we have the right to (joke about) characterise God” (Oui, on a le droit de caricaturer Dieu). The “France-Soir” web site is presently offline. The cartoon is partially visible on a nouvelobs.com website.

Today, Libération, another French national newspaper, is publishing two of the “Mohammad Cartoons”. Other newspapers across France are asking for their rights to freedom of the press to be defended.

Charlie Hebdo, a well-known satirical newspaper, will publish articles to support cartoonists, freedom of speech and freedom of the press.

The general reaction in France seems to be that most citizens except religious people (Catholics, Muslims,…) are astounded by the level of anger against the “Mohammad Cartoons”.

On February 9 2006 Queensland Premier Peter Beattie gave The Courier Mail Newspaper his blessings in publishing the Jyllands-Posten Muhammad cartoons/depictions of Muhammad stating that he is a firm believer in free speech and ones freedom of expression.On the very same day he got his legal representative to write to the author of this site photoduck.com demanding he censor material relating to him and his Government.

Although many newspapers have not republished the cartoons in order to avoid backlashes, the drawings have appeared on the Internet and are being revealed at a number of Web sites and blogs. On January 30th, Fox News contributor Michelle Malkin placed the drawings on her blog, and encouraged others to do the same.

San Francisco Museum of Modern Art buys Edward Hopper valued at over $25 million

">
San Francisco Museum of Modern Art buys Edward Hopper valued at over $25 million
December 19th, 2018 in Uncategorized | No Comments

Monday, March 26, 2012

The San Francisco Museum of Modern Art (SFMOMA) has purchased the painting Intermission, by American artist Edward Hopper. The piece, created in 1963, is one of the last paintings created by Hopper.

Hopper’s realist style, which visually examined American urban and rural life in the first half of the 20th century, made him one of the most influential and important American artists of the modern era. The painting, which was sold by a private collector, is believed to be valued at over $25 million.

Intermission shows a woman sitting alone in the front row of a theater. The theater is empty, and is described, by San Francisco Chronicle art critic Kenneth Baker as expressing emotion and social isolation, a standard theme in Hopper’s works. The inspiration for the painting came to Hopper while he was watching a film.

Hopper’s wife, Josephine, had scheduled Hopper to create the painting in a theater, however Hopper would complete the painting at his studio in New York City. Original sketches of Intermission show a second person sitting in the third row — a figure that never made it into the final painting. Baker calls Intermission a “prime example of Hopper’s austere realist vision”.

[This is] a necessary practice in an art market where prices for historically important art continue to rise steeply.

SFMOMA will not disclose how much they paid for Intermission. When the painting Hotel Window, which is of similar size and from the same period, sold at auction in 2006, it sold for $26.9 million. It is believed that “Inspiration” is worth just as much, if not more. Intermission was purchased with the help of donor funds, and acquired through the San Francisco-based Fraenkel Gallery, which sold if on behalf of a private collector.

In exchange for the acquisition of Intermission, SFMOMA is selling another Hopper painting: Bridal Path, from 1939. A lesser known work of Hopper’s, Bridal Path shows a horseback riding path in Central Park. By selling Bridal Path, SFMOMA is able to help fund the acquisition of the more well known Intermission. This practice is slowly gaining popularity within a museum and art market that previously disapproved of the sale of lesser known works for more popular acquisitions. Baker acknowledges the past practices, but believes that this is “a necessary practice in an art market where prices for historically important art continue to rise steeply.”

Intermission goes on display for the public on Friday, at SFMOMA.

Woman returns home with Christmas turkey, a month after setting out

">
Woman returns home with Christmas turkey, a month after setting out
December 19th, 2018 in Uncategorized | No Comments

Tuesday, January 19, 2010

A Scottish woman who set out before Christmas to purchase a turkey finally made it home on Monday, after being cut off by snow for a month. Kay Ure left the Lighthouse Keeper’s cottage on Cape Wrath, at the very northwest tip of Great Britain, in December. She was heading to Inverness on a shopping trip.

However on her return journey heavy snow and ice prevented her husband, John, from travelling the last 11 miles to pick her up. She was forced to wait a month in a friend’s caravan, before the weather improved and the couple could finally be reunited.

They were separated not just for Christmas and New Year, but also for Mr Ure’s 58th birthday. With no fresh supplies, he was reduced to celebrating with a tin of baked beans. He also ran out of coal, and had to feed the couple’s six springer spaniels on emergency army rations.

“It’s the first time we’ve been separated”, said Mr Ure in December. “We’ve been snowed in here for three weeks before, so we are well used to it and it’s quite nice to get a bit of peace and quiet.”

Bush EPA nominee abandons insecticide-on-children study after Senate hearing

">
Bush EPA nominee abandons insecticide-on-children study after Senate hearing
December 18th, 2018 in Uncategorized | No Comments

Saturday, April 9, 2005

Following a Senate hearing in which the Bush administration’s nominee for EPA administrator, Stephen Johnson, stoutly defended his plan to pay parents to document the effects on infants of insecticide use in the home, he reversed course and stopped the program.

Among the original requirements for the 60 families requested to be participants in the “Children’s Health Environmental Exposure Research Study” (CHEERS) study according to EPA were that they must:

  • Live in Duval County, Florida
  • Be a parent of a child under the age of 13 months
  • Spray or apply or have pesticides sprayed or applied inside your home on a routine basis (You do not need to change your regular household routine for the study.)

This original version of the requirements can be viewed in the Internet Archive, a free online repository that creates copies of websites on a regular basis. The third requirement was reworded by November 2004, according to the Internet Archive: “Maintain your normal pesticide or non-pesticide use patterns for your household. We will not ask any parent to apply pesticides in their home to be a part of this study.”

According to the above document, the area of Jacksonville/Duval County was chosen for reasons of existing year-round high usage of pesticides and other household chemicals within the home, as well as relevant data from existing prior studies. The study involved researchers visiting the home of participants, parents videotaping their children’s activities with a supplied camcorder, children wearing a small “activity sensor”, and parents collecting food and urine samples for detailed analysis of the effects of chemical exposure to common commercially available chemicals, primarily pesticides, on which “current information… is very limited” [1].

Selection for the study began in fall 2004. As incentives for their participation in the planned two-year study, parents were to be given $970, a t-shirt, and other gifts, and would have kept the video camera at its conclusion.

Complaining that the study was necessary, Johnson yielded to two Democratic Senators who had threatened to block him, using all means available, from officially taking the helm of the Environmental Protection Agency, of which he is the acting head. The block on his nomination was lifted afterwards although some Democratic Senators would not say how they would vote on the final nomination.

Under his guidance, the EPA agreed to accept $2 million for the controversial $9 million CHEERS study from an industry trade group, the American Chemistry Council, which represents the chemical insecticide manufacturers. The study was to be conducted with the cooperation of the Duval County Health Department, and the US Centers for Disease Control and Prevention, based in Atlanta.

Senators Barbara Boxer (D-CA) and Bill Nelson, (D-FLA), demanded the cancellation of the study as proof of Johnson’s acknowledgement of what she called a “gross error in judgment”.

“The CHEERS program was a reprehensible idea that never should have made it out of the boardroom, and I am just happy that it was stopped before any children were put in harms way,” Boxer said. She added that testing on humans should not be a part of any United States environmental policy.

“I am very pleased that Mr. Johnson has recognized the gross error in judgment the EPA made when they concocted this immoral program to test pesticides on children,” Boxer said.

Work on the study was halted last November by Johnson while an independent review of the study’s design was conducted at his request. Part of the reason for the study’s current cancellation was what the EPA in its press release has termed “mischaracterization” of the nature of the study as though children were being deliberately sprayed with pesticides.

Johnson defended his approach, “I have concluded that the study cannot go forward, regardless of the outcome of the independent review. EPA must conduct quality, credible research in an atmosphere absent of gross misrepresentation and controversy. I am committed to ensuring that EPA’s research is based on sound science with the highest ethical standards.”

In November 2004, William Farland, an administrator with the EPA’s research department, told The Oregonian, “There’s no suggestion that we are asking them to use pesticides. We simply want them to continue to carry out their day-to-day activities.”