President’s pot comments prompt call for policy

SAN FRANCISCO (AP) — President Barack Obama says he won’t go after pot users in Colorado and Washington, two states that just legalized the drug for recreational use. But advocates argue the president said the same thing about medical marijuana — and yet U.S. attorneys continue to force the closure of dispensaries across the U.S.

Welcome to the confusing and often conflicting policy on pot in the U.S., where medical marijuana is legal in many states, but it is increasingly difficult to grow, distribute or sell it. And at the federal level, at least officially, it is still an illegal drug everywhere.

Obama’s statement Friday provided little clarity in a world where marijuana is inching ever so carefully toward legitimacy.

That conflict is perhaps the greatest in California, where the state’s four U.S. Attorneys criminally prosecuted large growers and launched a coordinated crackdown on the state’s medical marijuana industry last year by threatening landlords with property forfeiture actions. Hundreds of pot shops went out of business.

Steve DeAngelo, executive director of an Oakland, Calif., dispensary that claims to be the nation’s largest, called for a federal policy that treats recreational and medical uses of the drug equally.

“If we’re going to recognize the rights of recreational users, then we should certainly protect the rights of medical cannabis patients who legally access the medicine their doctors have recommended,” he said.

The government is planning to soon release policies for dealing with marijuana in Colorado and Washington, where federal law still prohibits pot, as elsewhere in the country.

“It would be nice to get something concrete to follow,” said William Osterhoudt, a San Francisco criminal defense attorney representing government officials in Mendocino County who recently received a demand from federal investigators for detailed information about a local system for licensing growers of medical marijuana.

Assemblyman Tom Ammiano said he was frustrated by Obama’s comments because the federal government continues to shutter dispensaries in states with medical marijuana laws, including California.

“A good step here would be to stop raiding those legal dispensaries who are doing what they are allowed to do by law,” said the San Francisco Democrat. “There’s a feeling that the federal government has gone rogue on hundreds of legal, transparent medical marijuana dispensaries, so there’s this feeling of them being in limbo. And it puts the patients, the businesses and the advocates in a very untenable place.”

Obama, in an interview with ABC’s Barbara Walters, said Friday that federal authorities have “bigger fish to fry” when it comes to targeting recreational pot smokers in Colorado and Washington.

Some advocates said the statement showed the president’s willingness to allow residents of states with marijuana laws to use the drug without fear of federal prosecution.

“It’s a tremendous step forward,” said Joe Elford, general counsel for Americans for Safe Access. “It suggests the feds are taking seriously enough the idea that there should be a carve-out for states with marijuana laws.”

Obama’s statements on recreational use mirror the federal policy toward states that allow marijuana use for medical purposes.

“We are not focusing on backyard grows with small amounts of marijuana for use by seriously ill people,” said Lauren Horwood, a spokeswoman for U.S. Attorney Benjamin Wagner in Sacramento. “We are targeting money-making commercial growers and distributors who use the trappings of state law as cover, but they are actually abusing state law.”

Alison Holcomb, who led the legalization drive in Washington state, said she doesn’t expect Obama’s comment to prompt the federal government to treat recreational marijuana and medical marijuana differently.

“At this point, what the president is looking at is a response to marijuana in general. The federal government has never recognized the difference between medical and non-medical marijuana,” she said. “I don’t think this is the time he’d carve out separate policies. I think he’s looking for a more comprehensive response.”

Washington voters approved a medical marijuana law in 1998, and dispensaries have proliferated across the state in recent years.

Last year, Gov. Chris Gregoire vetoed legislation that would have created a state system for licensing medical dispensaries over concern that it would require state workers to violate the federal Controlled Substances Act.

For the most part, dispensaries in western Washington have been left alone. But federal authorities did conduct raids earlier this year on dispensaries they said were acting outside the state law, such as selling marijuana to non-patients. Warning letters have been sent to dispensaries that operate too close to schools.

“What we’ve seen is enforcement of civil laws and warnings, with a handful of arrests of people who were operating outside state law,” said Alison Holcomb, who led Washington’s legalization drive and helped write the bill that Gregoire vetoed. of

Eastern Washington has seen more raids because the U.S. attorney there is more active, Holcomb added.

Colorado’s marijuana measure requires lawmakers to allow commercial pot sales, and a state task force that will begin writing those regulations meets Monday.

State officials have reached out to the Justice Department seeking help on regulating a new legal marijuana industry but haven’t heard back.

DeAngelo said Friday that the Justice Department should freeze all pending enforcement actions against legal medical cannabis providers and review its policies to make sure they’re consistent with the president’s position. He estimated federal officials have shuttered 600 dispensaries in the state and 1,000 nationwide.

DeAngelo’s Harborside Health Center is facing eviction after the U.S. attorney in San Francisco pressured his landlord to stop harboring what the government considers an illegal business.

“While it’s nice to hear these sorts of positive words from the president, we are facing efforts by the Justice Department to shut us down, so it’s hard for me to take them seriously,” DeAngelo said.

The dispensary has a hearing Thursday in federal court on the matter.

__

Associated Press writers Terry Collins in San Francisco and Manuel Valdes in Seattle contributed to this report.

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After Connecticut: Guns, Gun Control, and Gun Culture

Bucolic Newtown, Conn., where a gunman killed 26 people, 20 of them children between ages 5 and 10, is also the headquarters of the American firearm industry. A short distance from Sandy Hook Elementary School, the National Shooting Sports Foundation, the country’s premier gun trade association, has its offices in a dignified white building on a gentle hill.

Like its better-known sister, the National Rifle Association, which represents gun owners, the NSSF promotes the arming of America—for hunting, shooting sports, self-defense, and the cultural significance that many Americans invest in firearms. The Sandy Hook massacre is the worst in the United States since the April 2007 rampage at Virginia Tech, which took place not too far from the NRA’s headquarters in Fairfax, Va.

Painful geographic juxtaposition of pointless slaughter and a marketing association doesn’t suggest anything profound. These are awful coincidences.

Or maybe there is something significant in the proximity.

The NSSF happens to be in Connecticut because that state, along with Massachusetts, has a gun-making tradition going back to the 18th century. In modern times, though, the unremarkable headquarters of the gun industry, or the gun owners’ lobby, could be in any pleasant exurban town: Aurora, Colo., for example, site of July’s movie theater bloodshed, or the community near Milwaukee where a gunman took six innocent lives at a Sikh temple in August.

The horror in Newtown is just the latest reminder that America is a gun culture. Firearms are both ordinary and, in many parts of the country, hallowed. They permeate our society. Private citizens own some 300 million pistols, revolvers, rifles, and shotguns. And the manufacturers and distributors that pay dues to the NSSF and make contributions to the NRA are selling more every day. This will not change.

If recent history serves as a guide, in fact, gun sales will rise in coming days. Fear of new gun control laws will send tens of thousands of consumers to Main Street shops and firearm websites. It happened after the January 2011 shopping mall massacre in Tucson, Ariz., in which former Rep. Gabby Giffords was maimed, and after most of the other recent mass public shootings.

Then Democrats in Congress will probably propose a piece of legislation or two that would tinker with the rules for legally acquiring firearms. These potential adjustments may make sense (e.g., restricting obscenely large ammunition magazines) or they may be utterly pointless (banning “assault weapons” that in terms of lethality are no different from grandpa’s wooden-stock deer hunting rifle). Either way, enacting such laws—which remains unlikely, given Republican control of the House of Representatives—would do little or nothing to stop mass shootings or common street crime.

Why? Because no politician, not President Barack Obama, not House Democratic Leader Nancy Pelosi—no one in mainstream Washington—is going to propose confiscating any of the millions of firearms or magazines already in private hands. Imagine being the police chief or sheriff given the task of forcibly collecting people’s guns or mags. It ain’t happening. We are too far down the road.

So prohibit 50-round drum magazines, if you like. In my view, that would not endanger the Second Amendment. Neither would it stop the next determined whack job from packing two 30-round magazines, or three 15-round magazines. The hardware is out there. Fiddling with the rules governing how new guns or mags are sold won’t stop the mass murders.

What, then, is to be done? First, we should acknowledge that some humans are sick and evil. In a heavily armed society, the existence of sick, evil people will, from time to time, lead to disaster.

If I were running a school or a movie theater or a house of worship, I would hire the highest-quality licensed, armed security available. No Second Amendment issue there. If there had been an armed guard at the Newtown school, it’s at least possible he would have brought down the killer and saved a lot of lives. Security guards are not a panacea. Yet we have them at sports stadiums and airports. In Israel, a guy with a gun on his hip stands in front of every elementary school.

Another thought on the gun massacre front: We must seriously rethink how we deal with extreme mental illness. Current laws make it almost impossible to get dangerously ill individuals involuntarily committed until they have their fingers on the triggers. More imaginative, flexible rules in this regard would allow us to medicate more dangerous people and separate them from firearms. (As a side benefit, this approach might also keep hundreds of thousands of mentally ill individuals from violating criminal laws and landing behind bars. More aggressive civil commitment offers a humane alternative to our current de facto policy of housing the mentally ill in prison.)

In terms of more ordinary street crime, we ought to study the factors that have made cities like New York much safer over the past 20 years. Gun control laws did not accomplish that improvement. Gun control laws in New York have remained the same, while homicide rates have plummeted. Why have bad guys in New York, and many other big cities, been leaving their guns at home, rather than bringing them with them on their rounds? How can we replicate that achievement?

While we mourn the dead in Newtown, those are questions worth exploring.

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UPDATE 3-Cricket-Hughes shines as Australia reach 299-4

* Hughes falls just short of century

* Clarke and Hussey combine for 101

* Welegedera takes 3-99 (Adds quotes)

HOBART, Dec 14 (Reuters) – Phil Hughes made a solid 86 on his return to test cricket before Michael Clarke and Mike Hussey took up the running and steered Australia to 299 for four at close of play on the first day of the first test against Sri Lanka on Friday.

Hughes was the only batsmen to fall in the final session, lasting only a couple of overs after lunch before being bowled through the gate by Chanaka Welegedera, giving the Sri Lankan seamer his third wicket of the day.

Clarke, who had made 70 not out, and Hussey, unbeaten on 37, batted through the remainder of the day and if the evidence of their prolific partnerships in the recent series against South Africa is anything to go by, will take some shifting.

“Overall, 299 for four puts the ball in our court,” said Hughes. “I thought we were outstanding today. It really gives us momentum going into tomorrow.”

Sri Lanka’s bowlers, dubbed this week as the worst pace attack ever to tour Australia by former test bowler Rodney Hogg, made life uncomfortable for the batsmen at times but struggled for any real penetration under cloudy skies at Bellerive Oval.

“I think we showed we can put Australia under pressure and hopefully the bowlers will be fresh in the morning and we can get them out for less than 100 additional runs,” said Welegedera, who finished with 3-99 on his return after nine months out injured.

Clarke, who passed 1,400 runs for the year, has now put on 731 runs in partnerships with Hussey in the last four tests and will be looking to plunder a few more on Saturday despite taking a couple of painful knocks to his legs.

Friday, however, belonged to Hughes.

The lefthander was recalled to the side on the back of good domestic form following the retirement of Ricky Ponting at the end of the series against the Proteas.

The 24-year-old reached his fourth test half century with a square drive for three runs and then initially accelerated towards a century, most notably with an ugly but effective slog for six off spinner Rangana Herath.

CALAMITOUS RUNOUT

On the ground where his second spell as a test batsman ended amid questions about his technique after two failures against New Zealand last year, Hughes scored eight fours and one six in his 166-ball knock before Welegedera struck with a superb ball.

“It was nice to get a few,” he said. “It would have been nice to get a few more and get into three figures.”

Australia had lost openers Ed Cowan (four) and David Warner in the opening session, the latter run out for 57 on the stroke of lunch after a calamitous misunderstanding with Hughes.

Shane Watson, dropping down to fourth in the batting order to allow Hughes to come in at number three, followed them to the pavilion for 30 shortly before tea, the victim of an exceptional diving catch in the slips by skipper Mahela Jayawardene.

That was a second wicket for Welegedera and a measure of redemption for the bowler after he had Hughes caught behind for 77 only for the umpire to call a no ball.

Welegedera had also made the early breakthrough for the tourists when Cowan tried to pull a short delivery only for the ball to catch him high on the bat and carry to mid-on where Shaminda Eranga took a simple catch.

It could have been even better for the Sri Lankans, who were only centimetres away from the perfect start to the morning after Clarke had won the toss and elected to bat.

Cowan edged the second delivery of the day from Nuwan Kulasekara to the slips but Angelo Mathews was just unable to get his hands to it, despite an athletic dive. (Editing by Peter Rutherford)

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Look How Much of the World Doesn’t Use Social Media (or the Internet)

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Adele’s “21″ is top-selling U.S. iTunes album of 2012

LOS ANGELES (Reuters) – British singer Adele notched another accolade on Thursday as iTunes announced that her Grammy-winning album “21″ was the top-selling record of 2012 in its U.S. store, extending the disc’s successful run almost two years after it was released.

Adele, 24, who last year became the first artist to secure three iTunes milestones with top-selling album, single and artist of the year, came in ahead of country-pop star Taylor Swift‘s “Red” and British folk band Mumford & Sons‘ “Babel.”

ITunes did not reveal its sales or download figures.

British boy band One Direction’s debut album “Up All Night” and current Grammy nominees fun.’s debut “Some Nights” rounded out the five top-selling albums on iTunes in the United States.

“21,” released in February 2011, has performed strongly in the U.S. music charts this year following the singer’s Grammy-sweeping win in six categories in February 2012.

Adele also landed Screen Actors Guild and Golden Globe nominations for her sultry James Bond theme song “Skyfall” this week, becoming a strong contender in the best song category for Hollywood’s awards season.

“Thank you so much for the honor of being included in something as brilliant as the Golden Globes! Never in a million years did I ever think I’d come close to such a thing! Truly wonderful … thank you to the Bond family for giving me the opportunity,” the singer said in a statement on Thursday.

ITunes U.S. compiled their Best of 2012 list by looking at the most downloaded items from the Apple iTunes store.

Canadian pop star Carly Rae Jepsen had the top-selling track for her infectious breakthrough summer single “Call Me Maybe.”

Post-apocalyptic action film “The Hunger Games” was the best-selling movie while the second season of British aristocratic period drama “Downton Abbey,” another Hollywood awards favorite, was iTunes’ top-selling television series.

The iTunes Best of 2012 lists can be seen at www.itunes.com/AppStoreBestof2012

(Reporting by Piya Sinha-Roy, editing by Jill Serjeant and Mohammad Zargham)

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China, S.Africa suspend Brazil beef over BSE doubt

BRASILIA (Reuters) – China and South Africa informed Brazil on Thursday that they were suspending imports of beef from the world’s biggest exporter of the meat following a case of atypical BSE that was confirmed last week, Brazilian agriculture ministry officials said.

Including Japan, which suspended imports on Monday, three countries have now restricted purchases of beef from Brazil while seeking details about the death of an elderly cow in 2010 which never actually developed the disease.

None of these countries are significant buyers of Brazilian beef. Brazil’s top customer, Russia, has so far imposed no such restrictions, though it said on Thursday that it was weighing its options.

Brazil has launched a diplomatic offensive to clarify the details of the case of suspected atypical BSE, which it has been at pains to differentiate from regular BSE – known as mad cow disease – which is usually caused by contaminated feed.

Atypical BSE can arise in elderly cattle due to a spontaneous genetic mutation that causes it to begin producing distorted proteins known as prions. The proteins can trigger BSE, which eventually destroys the animal’s nervous system, and it is believed humans ingesting beef from a stricken animal can contract a fatal form of the disease.

The 13-year-old cow in southern Brazil tested positive for prions, a result confirmed by the World Organization for Animal Health (OIE) last week. But it died of other causes in 2010 and never actually developed the disease.

The animal was buried on the farm where it had been used for breeding purposes and never entered the food chain.

Outbreaks of mad cow disease in Europe, North America and Japan in the past decade, following an epidemic in Great Britain in the late 1980s, prompted some importers to embargo shipments and roiled the industry on several occasions.

In April, the United States reported a case of atypical BSE in an animal which never entered the food chain, but the country escaped a backlash from importers.

The Brazilian agriculture ministry’s secretary for animal and plant health, Enio Pereira, told Reuters this week that much of the two-year delay between the cow’s death and confirmation of prions in its tissue was caused by a logistical anomaly at the laboratory.

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HMRC warns 300,000 late filers

13 December 2012 Last updated at 19:06 ET

About 300,000 people who have failed to send in their tax returns for 2010-11 could soon see their goods seized.

The taxman is sending warning letters to those who have now run up late-filing penalties of £1,300 for that year, under self-assessment.

They can still pay, or ask for the penalty to be taken off their income in 2013-14 if they are in the PAYE system.

The letters are part of a continuing campaign against a persistent minority of non-filers.

A spokesman for HM Revenue & Customs (HMRC) said the defaulters could still pay their fines, and submit the late tax returns.

“These non-filers have ignored numerous communications from HMRC, dating back to April 2011, including flyers, reminder letters, penalty notices and warning letters,” he said.

“A customer can still phone us if they think they should not be in self-assessment, and will be taken through a number of questions to indicate if they should be in self-assessment or not.

“If they shouldn’t have been in it for 2010-11, penalties will then be waived,” he added.

About 7,000 higher-rate taxpayers who had missed tax returns from earlier years were sent similar warning letters in October.

BBC News – Business

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Aides: Chavez in tough fight, may miss swearing-in

CARACAS, Venezuela (AP) — Somber confidants of President Hugo Chavez say he is going through a difficult recovery after cancer surgery in Cuba, and one close ally is warning Venezuelans that their leader may not make it back for his swearing-in next month.

Information Minister Ernesto Villegas said Wednesday night that Chavez was in “stable condition” and was with close relatives in Havana. Reading a statement, he said the government invites people to “accompany President Chavez in this new test with their prayers.”

Villegas expressed hope about the president returning home for his Jan. 10 swearing-in for a new six-year term, but said in a written message on a government website that if Chavez doesn’t make it, “our people should be prepared to understand it.”

Villegas said it would be irresponsible to hide news about the “delicateness of the current moment and the days to come.” He asked Venezuelans to see Chavez’s condition as “when we have a sick father, in a delicate situation after four surgeries in a year and a half.”

Moving to prepare the public for the possibility of more bad news, Vice President Nicolas Maduro looked grim when he acknowledged that Chavez faced a “complex and hard” process after his latest surgery.

At the same time, officials sought to show a united front amid the growing worries about Chavez’s health and Venezuela’s future. Key leaders of Chavez’s party and military officers appeared together on television as Maduro gave updates on Chavez’s condition.

“We’re more united than ever,” said Maduro, who was flanked by National Assembly President Diosdado Cabello and Oil Minister Rafael Ramirez, both key members of Chavez’s inner circle. “We’re united in loyalty to Chavez.”

Analysts say Maduro could eventually face challenges in trying to hold together the president’s diverse “Chavismo” movement, which includes groups from radical leftists to moderates, as well as military factions.

Tapped by the 58-year-old president over the weekend as his chosen political heir, Maduro is considered to be a member of radical left wing of Chavez’s movement that is closely aligned with Cuba’s communist government.

Cabello, a former military officer who also wields power within Chavez’s movement, shared the spotlight with Maduro by speaking at a Mass for Chavez’s health at a military base.

Just returned from being with Chavez for the operation, Cabello called the president “invincible” but said “that man who is in Havana … is fighting a battle for his life.”

After Chavez’s six-hour operation Tuesday, Venezuelan television broadcast religious services where people prayed for Chavez, interspersed with campaign rallies for upcoming gubernatorial elections.

On the streets of Caracas, people on both sides of the country’s deep political divide voiced concerns about Chavez’s condition and what might happen if he died.

At campaign rallies ahead of Sunday’s gubernatorial elections, Chavez’s candidates urged Venezuelans to vote for pro-government candidates while they also called for the president to get well.

“Onward, Commander!” gubernatorial candidate Elias Jaua shouted to a crowd of supporters at a rally Wednesday. Many observers said it was likely Chavez’s candidates could get a boost from their supporters’ outpouring of sympathy for Chavez.

Opposition leader Henrique Capriles, who lost to Chavez in the October presidential election and is running against Jaua, complained Wednesday that Chavez’s allies are taking advantage of the president’s health problems to try to rally support. He took issue with Jaua’s statement to supporters that “we have to vote so that the president recovers.”

Maduro looked sad as he spoke on television, his voice hoarse and cracked at times after meeting in the pre-dawn hours with Cabello and Ramirez. The pair returned to Venezuela about 3 a.m. after accompanying Chavez to Cuba for his surgery.

“It was a complex, difficult, delicate operation,” Maduro said. “The post-operative process is also going to be a complex and hard process.”

Without giving details, Maduro reiterated Chavez’s recent remarks that the surgery presented risks and that people should be prepared for any “difficult scenarios.”

The constitution says presidents should be sworn in before the National Assembly, and if that’s not possible then before the Supreme Court.

Former Supreme Court magistrate Roman Duque Corredor said a president cannot delegate the swearing-in to anyone else and cannot take the oath of office outside Venezuela. A president could still be sworn in even if temporarily incapacitated, but would need to be conscious and in Venezuela, Duque told The Associated Press.

If a president-elect is declared incapacitated by lawmakers and is unable to be sworn in, the National Assembly president would temporarily take charge of the government and a new presidential vote must be held within 30 days, Duque said.

Chavez said Saturday that if an election had to be held, Maduro should be elected president.

The dramatic events of this week, with Chavez suddenly taking a turn for the worse, had some Venezuelans wondering whether they were being told the truth because just a few months ago the president was running for his fourth presidential term and had said he was free of cancer.

Lawyer Maria Alicia Altuve, who was out in bustling crowds in a shopping district of downtown Caracas, said it seemed odd how Maduro wept at a political rally while talking about Chavez.

“He cries on television to set up a drama, so that people go vote for poor Chavez,” Altuve said. “So we don’t know if this illness is for that, or if it’s that this man is truly sick.”

Some Chavez supporters said they found it hard to think about losing the president and worried about the future. His admirers held prayer vigils in Caracas and other cities this week, holding pictures and singing hymns.

Chavez has undergone four cancer-related surgeries since June 2011. He has also undergone months of chemotherapy and radiation treatments. Throughout his treatments, Chavez has kept secret some details of his illness, including the exact location and type of the tumors.

Ecuadorean President Rafael Correa wished his close ally the best, while also acknowledging the possibility that cancer might end his presidency. “Chavez is very important for Latin America, but if he can’t continue at the head of Venezuela, the processes of change have to continue,” Correa said at a news conference in Quito.

___

Associated Press writer Christopher Toothaker contributed to this report.

Latin America News Headlines – Yahoo! News

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Margo Martindale joins FX’s “The Americans”

NEW YORK (TheWrap.com) – Margo Martindale, who won an Emmy for her role on FX’s “Justified,” is returning to the network on the new spy series “The Americans.”

The show, which stars Matthew Rhys and Keri Russell as an undercover KGB couple in Reagan-era America, premieres January 30. Martindale has signed on to appear in at least eight episodes as “Claudia,” a KGB illegal who delivers assignments to the couple.

The casting reunites Martindale with “Justified” creator Graham Yost, an executive producer of “The Americans.” Martindale won the Emmy Award for Outstanding Supporting Actress in a Drama Series for her performance as Mags Bennett on “Justified.”

Since her exit from the show, Yost has talked about how much he misses working with the actress.

“What I do regret is just not having Margo on the show, in that she’s such a tremendous actress and such a great person,” he told TheWrap. “That was the hard part.”

Since leaving “Justified,” Martindale has appeared on CBS’s now-canceled “A Gifted Man” and has signed on for Showtime’s “Masters of Sex.”

“The Americans” was created by former CIA agent Joe Weisberg, who also executive produces. Besides Yost, it is also executive produced by Joel Fields and Amblin Television heads Justin Falvey and Darryl Frank. The series is produced by Fox Television Studios and FX Productions.

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Dozens sue pharmacy, but compensation uncertain

NASHVILLE, Tenn. (AP) — Dennis O’Brien rubs his head as he details ailments triggered by the fungal meningitis he developed after a series of steroid shots in his neck: nausea, vomiting, dizziness, drowsiness, blurred vision, exhaustion and trouble with his speech and attention.

He estimates the disease has cost him and his wife thousands of dollars in out-of-pocket expenses and her lost wages, including time spent on 6-hour round trip weekly visits to the hospital. They’ve filed a lawsuit seeking $ 4 million in damages from the Massachusetts pharmacy that supplied the steroid injections, but it could take years for them to get any money back and they may never get enough to cover their expenses. The same is true for dozens of others who have sued the New England Compounding Center.

“I don’t have a life anymore. My life is a meningitis life,” the 59-year-old former school teacher said, adding that he’s grateful he survived.

His is one of at least 50 federal lawsuits in nine states that have been filed against NECC, and more are being filed in state courts every day. More than 500 people have gotten sick after receiving injections prepared by the pharmacy.

The lawsuits allege that NECC negligently produced a defective and dangerous product and seek millions to repay families for the death of spouses, physically painful recoveries, lost wages and mental and emotional suffering. Thirty-seven people have died in the outbreak.

“The truth is the chance of recovering damages from NECC is extremely low,” said John Day, a Nashville attorney who represents several patients who have been sickened by fungal meningitis.

To streamline the process, attorneys on both sides are asking to have a single judge preside over the pretrial and discovery phases for all of the federal lawsuits.

This approach, called multidistrict litigation, would prevent inconsistent pretrial rulings and conserve resources of all parties. But unlike a class-action case, those lawsuits would eventually be returned to judges in their original district for trial, according to Brian Fitzpatrick, a law professor at Vanderbilt University Law School in Nashville.

Even with this approach, Fitzpatrick noted that federal litigation is very slow, and gathering all the evidence, records and depositions during the discovery phase could take months or years.

“Most of the time what happens is once they are consolidated for pretrial proceedings, there is a settlement, a global settlement between all the lawyers and the defendants before anything is shipped back for trial,” he said.

A lawyer representing NECC, Frederick H. Fern, described the consolidation process as an important step.

“A Boston venue is probably the best scenario,” Fern said in an email. “That’s where the parties, witnesses and documents are located, and where the acts subject to these complaints occurred.”

Complicating efforts to recover damages, attorneys for the patients said, NECC is a small private company that has now recalled all its products and laid off its workers. The company’s pharmacy licenses have been surrendered, and it’s unclear whether NECC had adequate liability insurance.

Fern said NECC has insurance, but they were still determining what the policy covers.

But Day says, “It’s clear to me that at the end of the day, NECC is not going to have sufficient assets to compensate any of these people, not even 1 percent.”

As a result, many attorneys are seeking compensation from other parties. Among the additional defendants named in lawsuits are NECC pharmacist and co-founder Barry Cadden; co-founder Greg Conigliaro; sister company Ameridose and its marketing and support arm, Medical Sales Management.

Founded in 2006 by Cadden and Conigliaro, Ameridose would eventually report annual revenue of $ 100 million. An NECC spokesman didn’t respond to a request for the pharmacy’s revenue.

While Federal Drug Administration regulators have also found contamination issues at Westborough, Mass.-based Ameridose, the FDA has said it has not connected Ameridose drugs to infection or illness.

Under tort law, a lawsuit has to prove a defendant has a potential liability, which in this case could be anyone involved in the medical procedure. However, any such suit could take years and ultimately may not be successful.

“I would not be surprised if doctors, hospitals, people that actually injected the drugs, the people that bought the drugs from the compounding company, many of those people will also be sued,” said Fitzpatrick.

Plaintiffs’ attorneys said they’re considering that option but want more information on the relationships between the compounding pharmacy and the hundreds of hospitals and clinics that received its products.

Day, the attorney in Tennessee, said the clinics and doctors that purchase their drugs from compounding pharmacies or manufacturers could be held liable for negligence because they are in a better position to determine the safety of the medicine than the patients.

“Did they use due care in determining from whom to buy these drugs?” Day said.

Terry Dawes, a Michigan attorney who has filed at least 10 federal lawsuits in the case, said in traditional product liability cases, a pharmaceutical distributor could be liable.

“We are looking at any conceivable sources of recovery for our clients including pharmaceutical supply places that may have dealt with this company in the past,” he said.

Ten years ago, seven fungal meningitis illnesses and deaths were linked to injectable steroid from a South Carolina compounding pharmacy. That resulted in fewer than a dozen lawsuits, a scale much smaller than the litigations mounting up against NECC.

Two companies that insured the South Carolina pharmacy and its operators tried unsuccessfully to deny payouts. An appellate court ruled against their argument that the pharmacy willfully violated state regulations by making multiple vials of the drug without specific prescriptions, but the opinion was unpublished and doesn’t set a precedent for the current litigation.

The lawsuits represent a way for patients and their families recover expenses, but also to hold the pharmacy and others accountable for the incalculable emotional and physical toll of the disease.

A binder of snapshots shows what life is like in the O’Briens’ rural Fentress County, Tenn., home: Dennis hooked up to an IV, Dennis in an antibiotics stupor, bruises on his body from injections and blood tests. He’s had three spinal taps. His 11-day stay in the hospital cost over $ 100,000, which was covered by health insurance.

His wife said she sometimes quietly checks at night to see whether her husband of 35 years is still breathing.

“In my mind, I thought we were going to fight this and get over it. But we are not ever going to get over it,” said Kaye O’Brien.

Marjorie Norwood, a 59-year-old grandmother of three who lives in Ethridge, Tenn., has spent just shy of two months total in the hospital in Nashville battling fungal meningitis after receiving a steroid injection in her back. She was allowed to come home for almost a week around Thanksgiving, but was readmitted after her symptoms worsened.

Family members are still dealing with much uncertainty about her recovery, but they have not filed a lawsuit, said their attorney Mark Chalos. He said Norwood will likely be sent to a rehabilitation facility after her second stay in the hospital rather than return home again.

Marjorie Norwood’s husband, an autoworker, has taken time off work to care for her and they depend on his income and insurance.

“It doesn’t just change her life, it changes everyone else’s life around her because we care about her and want her to be happy and well and have everything that she needs,” said her daughter, Melanie Norwood.

Medications/Drugs News Headlines – Yahoo! News

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