Jon Bon Jovi's Daughter: Drug Charges Dropped















11/15/2012 at 04:40 PM EST







Jon Bon Jovi and daughter Stephanie


Dave M. Benett/Getty


Jon Bon Jovi's daughter, Stephanie Rose Bongiovi, no longer faces drug charges because of New York's law applying to overdose cases in which there was a call for help, authorities said Friday.

Bongiovi, 19, and Ian S. Grant, 21, both students at Hamilton College in Upstate New York, were arrested this week on drug possession charges after officers found heroin, marijuana and drug paraphernalia in her dorm room, according to police.

On Friday, the misdemeanor charges against both were dropped because of a 2011 amendment to the New York penal code exempting people from possession charges if they had sought help for somebody experiencing a "drug or alcohol overdose or other life-threatening medical emergency."

The so-called "Good Samaritan" section of the law applies to the Bongiovi case because Grant had called for help for the rocker's daughter as she suffered a possible overdose, authorities said.

"By law, they have immunity. I can’t prosecute them even if I wanted to,” said Oneida County District Attorney Scott D. McNamara, according to the Observer-Dispatch in Utica, N.Y."To proceed would be highly inappropriate and highly unethical, and would jeopardize my opportunity to practice in the future."

Bongiovi, one of the singer's four children with wife Dorothea Hurley, was hospitalized early Wednesday. Her condition was unknown. Reps for Bon Jovi have not commented.

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Diabetes rates rocket in Oklahoma, South

NEW YORK (AP) — The nation's diabetes problem is getting worse, and the biggest jump over 15 years was in Oklahoma, according to a new federal report issued Thursday.

The diabetes rate in Oklahoma more than tripled, and Kentucky, Georgia and Alabama also saw dramatic increases since 1995, the study showed.

The South's growing weight problem is the main explanation, said Linda Geiss, lead author of the report by the Centers for Disease Control and Prevention study.

"The rise in diabetes has really gone hand in hand with the rise in obesity," she said.

Bolstering the numbers is the fact that more people with diabetes are living longer because better treatments are available.

The disease exploded in the United States in the last 50 years, with the vast majority from obesity-related Type 2 diabetes. In 1958, fewer than 1 in 100 Americans had been diagnosed with diabetes. In 2010, it was about 1 in 14.

Most of the increase has happened since 1990.

Diabetes is a disease in which the body has trouble processing sugar; it's the nation's seventh leading cause of death. Complications include poor circulation, heart and kidney problems and nerve damage.

The new study is the CDC's first in more than a decade to look at how the nationwide boom has played out in different states.

It's based on telephone surveys of at least 1,000 adults in each state in 1995 and 2010. Participants were asked if a doctor had ever told them they have diabetes.

Not surprisingly, Mississippi — the state with the largest proportion of residents who are obese — has the highest diabetes rate. Nearly 12 percent of Mississippians say they have diabetes, compared to the national average of 7 percent.

But the most dramatic increases in diabetes occurred largely elsewhere in the South and in the Southwest, where rates tripled or more than doubled. Oklahoma's rate rose to about 10 percent, Kentucky went to more than 9 percent, Georgia to 10 percent and Alabama surpassed 11 percent.

An official with Oklahoma State Department of Health said the solution is healthier eating, more exercise and no smoking.

"And that's it in a nutshell," said Rita Reeves, diabetes prevention coordinator.

Several Northern states saw rates more than double, too, including Washington, Idaho, Montana, Wyoming, South Dakota, Minnesota, Missouri, Ohio and Maine.

The study was published in CDC's Morbidity and Mortality Weekly Report.

___

Associated Press writer Ken Miller in Oklahoma City contributed to this report.

___

Online:

CDC report: http://tinyurl.com/cdcdiabetesreport

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Wall Street ends flat as wary investors stay defensive

NEW YORK (Reuters) - Stocks were little changed on Thursday as the prospect of a drawn-out battle over impending tax and spending changes made investors wary of getting into the water, while retailer Wal-Mart tumbled after disappointing sales.


The S&P 500 is down nearly 2 percent for the week, adding to last week's selloff and eroding more of the market's gains for the year.


What had looked like a stellar 2012 for stocks has turned into merely an average year, and as 2012 draws to a close, investors are becoming more inclined to protect the gains they have.


The worry is the economy could contract again if no deal is reached in Washington to avoid the "fiscal cliff" - large, automatic budget cuts and tax hikes that begin to take effect in the new year.


Combined with the euro zone debt crisis, the uncertain outlook for corporations makes it hard to know how much a stock is worth, said Alan Lancz, president of Alan B. Lancz & Associates in Toledo, Ohio.


"Valuation is going to be uncertain because you don't know what the growth will be," said Lancz. "That is definitely not a good scenario for someone to step up to the plate and do a lot of buying."


The euro zone relapsed into its second recession since 2009 in the third quarter as the region was hurt by its debt problems.


Wal-Mart fell 3.6 percent to $68.72 and was the biggest drag on the Dow as frugal consumers hurt the company's quarterly sales.


Investors will be watching Friday's meeting at the White House between President Barack Obama and Republican and Democratic leaders of Congress over deficit reduction for any sign the two sides are moving closer.


The memory of last year's political impasse over raising the debt ceiling has also made analysts nervous.


"(There is) uncertainty of whether we're going to have a functioning government going forward. That is a weight that sits on markets right now," said Troy Logan, managing director and senior economist at Warren Financial Service in Exton, Pennsylvania.


Even if the economy avoids an outright recession, there are fears a lengthy political dispute could sap business investment and consumer spending.


The Dow Jones industrial average <.dji> slipped 28.49 points, or 0.23 percent, to 12,542.46. The Standard & Poor's 500 Index <.spx> lost 2.16 points, or 0.16 percent, to 1,353.33. The Nasdaq Composite Index <.ixic> was off 9.87 points, or 0.35 percent, to 2,836.94.


The S&P 500 sunk to a 3 1/2-month closing low and was well below its 200-day moving average, which it pierced last week.


Data on Thursday showed new claims for unemployment benefits surged last week, while factory activity in the mid-Atlantic region unexpectedly shrank in November as the economy felt the effects of superstorm Sandy.


A flare-up in violence in the Middle East added to market unease as Israeli warplanes bombed targets in and around Gaza city for a second day, while two rockets fired from the Gaza Strip targeted Tel Aviv.


Apple Inc shares dragged the Nasdaq lower, falling 2.1 percent to $525.62 and down about 25 percent since September's high.


Also in the tech sector, shares of Dell Inc fell in after-hours trading after it reported revenue that was shy of Wall Street's expectations. Dell was down 2.2 percent at $9.35.


Target Corp bucked the trend, rising 1.7 percent to $62.44 after it reported a profit that beat expectations.


Volume was roughly 7.26 billion shares on the New York Stock Exchange, the Nasdaq and the NYSE MKT, topping the year-to-date average daily closing volume of around 6.5 billion.


Decliners outnumbered advancers on the NYSE by 2,069 to 975 on the New York Stock Exchange. Decliners also had the upper hand on the Nasdaq, outpacing advancers 1,506 to 948.


(Editing by Kenneth Barry)


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Israel launches Gaza offensive, kills Hamas commander

GAZA (Reuters) - Israel launched a major offensive against Palestinian militants in Gaza on Wednesday, killing the military commander of Hamas in an air strike and threatening an invasion of the enclave that the Islamist group vowed would "open the gates of hell".


The onslaught shattered hopes that a truce mediated on Tuesday by Egypt could pull the two sides back from the brink of war after five days of escalating Palestinian rocket attacks and Israeli strikes at militant targets.


Operation "Pillar of Defence" began with a surgical strike on a car carrying the commander of the military wing of Hamas, the Iranian-armed Islamist movement which controls Gaza and dominates a score of smaller armed groups.


Within minutes of the death of Ahmed Al-Jaabari, big explosions shook Gaza as the Israeli air force struck at selected targets just before sundown, blasting plumes of smoke and debris high above the crowded city.


Panicking civilians ran for cover and the death toll mounted quickly. Ten people including three children were killed, the health ministry said, and about 40 were wounded. Also among the dead were an 11-month-old baby and a woman pregnant with twins.


Army tanks shelled border areas of Gaza in south and the Israeli navy shelled a Hamas security position from the sea.


Hamas stuck back, firing at least four Grad rockets at the southern city of Beersheba in what it called its initial response. Israel reported damage but no casualties. Its 'Iron Dome' interceptor defence knocked out a dozen rockets in flight.


The escalation in Gaza came in a week when Israel fired at Syrian artillery positions it said had fired into the Israeli-annexed Golan Heights amid a civil war in Syria that has brought renewed instability to neighboring Lebanon.


Egypt, whose new Islamist government pledged to honor the 1979 peace treaty with Israel, condemned the raids as a threat to regional security, recalled its ambassador from Israel and called for an emergency session of the U.N. Security Council.


Egyptian President Mohamed Mursi's predecessor Hosni Mubarak twice withdrew his ambassador, with no lasting effect. But Israel will be watching for signs of a more aggressive approach by the Islamist leader that could imperil their ties.


Mursi has said of the Palestinians that "our blood is their blood" and Egypt may not "accept what was accepted before".


Russia called for an end to the raids. Arab League foreign ministers planned to meet on Saturday to discuss the crisis.


DOZENS OF TARGETS


A second Gaza war has loomed on the horizon for months as waves of Palestinian rocket attacks and Israeli strikes grew increasingly more intense and frequent.


Israel's Operation Cast Lead in 2008-2009 began with a week of air attacks and shelling, followed by a land invasion of the blockaded coastal strip, sealed off at sea by the Israeli navy. Some 1,400 Palestinians were killed and 13 Israelis died.


The Israel Defence Forces said it had targeted dozens of Hamas's medium range (up to 40km) underground rocket launch and infrastructure sites in Wednesday's strikes.


"This has significantly damaged the rocket launch capabilities as munitions warehouses owned by Hamas and other terror organizations were targeted. In addition, Israeli Navy soldiers targeted several Hamas terror sites stationed along the shoreline of the Gaza Strip," it said in a statement.


The Hamas internal security headquarters in southern Gaza was destroyed. There were no injuries because it had been evacuated. After dark, Gaza looked like a ghost city, with no traffic and no people in the streets, no shops open, no electric lights on.


KILLED IN HIS CAR


Hamas said Jaabari, who ran the organization's armed wing, Izz el-Deen Al-Qassam, died along with a Hamas photographer when their car was blown apart by an Israeli missile.


The charred wreckage of a car could be seen belching flames, as emergency crews picked up what appeared to be body parts.


Israel confirmed it had carried out the attack and announced there was more to come. Reuters witnesses saw Hamas security compounds and police stations blasted apart.


"Today we relayed a clear message to the Hamas organization and other terrorist organizations," Prime Minister Benjamin Netanyahu said. "And if there is a need, the IDF (Israel Defence Forces) is prepared to broaden the operation. We will continue to do everything in order to protect our citizens."


Immediate calls for revenge were broadcast over Hamas radio.


"The occupation has opened the gates of hell," Hamas's armed wing said. Smaller groups also vowed to strike back.


"Israel has declared war on Gaza and they will bear the responsibility for the consequences," Islamic Jihad said.


Southern Israeli communities within rocket range of Gaza were on full alert, and schools were ordered closed for Thursday. About one million Israelis live in range of Gaza's relatively primitive but lethal rockets, supplemented in recent months by longer-range, more accurate systems.


"The days we face in the south will, in my estimation, prove protracted," Brigadier-General Yoav Mordechai, Israel's chief military spokesman, told Channel 2 TV.


The Israeli cabinet gave preliminary authorization for the mobilization of military reserves if required, Netanyahu's office said.


Asked if Israel might send in ground forces, Mordechai said: "There are preparations, and if we are required to, the option of an entry by ground is available."


OBAMA BRIEFED


Israeli President Shimon Peres briefed U.S. President Barack Obama on the operation, Peres's office said. He told Obama that Jaabari was a "mass-murderer" and his killing was Israel's response to Palestinian rocket attacks from Gaza.


"Israel is not interested in stoking the flames, but for the past five days there has been constant missile fire at Israel and mothers and children cannot sleep quietly at night," said Peres, who visited the border town of Sderot earlier.


In the flare-up that was prelude to Wednesday's offensive, more than 115 missiles were fired into southern Israel from Gaza and Israeli planes launched numerous strikes.


Seven Palestinians, three of them gunmen, were killed. Eight Israeli civilians were hurt by rocket fire and four soldiers wounded by an anti-tank missile.


The leader of Hamas in the Gaza Strip, Ismail Haniyeh, called on Arab states, especially Egypt, to halt the assault. The six-nation Gulf Cooperation Council said the U.N. Security Council should put pressure on Israel to stop its attacks.


Israel holds a general election on January 22 and Netanyahu has pledged to retaliate harshly against Hamas. But Israel is also wary of the reaction from Mursi's Egypt, whose ruling Muslim Brotherhood is the spiritual mentor of Hamas.


Hamas has been emboldened by its rise to power, viewing Mursi as a "safety net" who will not permit a second Israeli thrashing of Gaza, home to 1.7 million Palestinians.


Hamas is also supported by Iran, which Israel regards as a rising threat to its own existence due to its nuclear program.


Helped by the contraband trade through tunnels from Egypt, Gaza militias have smuggled in longer-range rockets.


But their estimated 35,000 Palestinian fighters are still no match for Israel's F-16 fighter-bombers, Apache helicopter gun ships, Merkava tanks and other modern weapons systems in the hands of a conscript force of 175,000, with 450,000 in reserve.


(Additional reporting by Dan Williams, Crispian Balmer and Ori Lewis in Jerusalem; Writing by Douglas Hamilton; Editing by Giles Elgood)


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Peek-a-Boo! Kristen Stewart Stuns in a See-Through Bodysuit







Style News Now





11/14/2012 at 03:30 PM ET











Kristen Stewart
Jon Furniss/Invision/AP


Damn, Kristen!


For Wednesday’s London premiere of The Twilight Saga: Breaking Dawn — Part 2, Stewart somehow topped her jaw-dropping Los Angeles premiere dress, selecting a sparkly see-through bodysuit by designer Zuhair Murad.


The couture piece — from Murad’s fall/winter 2012 collection — features an open back and an intricate pattern of hand-sewn beadwork. (It’s not dissimilar from the silhouette seen on Twilight costar Ashley Greene and actress Dakota Johnson on Tuesday night, either.)


Stewart selected a Murad creation for Monday night’s Los Angeles premiere, too, choosing a peek-a-boo nude gown for that occasion. The designer — who created Jennifer Lopez’s glimmering tour costumes this year — is known for his feminine gowns and sexy dresses, which have graced the likes of Miley Cyrus and Sofia Vergara, as well.


This racy look is something different for Stewart, who often sticks to geometric minis and the occasional gown. However, she’s been taking some risks lately — leather dresses, cutout tops, smoky eye makeup — and so far, we think we’re liking this new side of K. Stew. Tell us: What do you think of Stewart’s sparkly bodysuit? 


PHOTOS: PLAY FASHION EDITOR NOW IN ‘LAST NIGHT’S LOOK’




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Ireland probes death of ill abortion-seeker

DUBLIN (AP) — The debate over legalizing abortion in Ireland flared Wednesday after the government confirmed that a woman in the midst of a miscarriage was refused an abortion and died in an Irish hospital after suffering from blood poisoning.

Prime Minister Enda Kenny said he was awaiting findings from three investigations into the death of Savita Halappanavar, a 31-year-old Indian woman who was 17 weeks pregnant. Her case highlighted the legal limbo in which pregnant women facing severe health problems can find themselves in predominantly Catholic Ireland.

Ireland's constitution officially bans abortion, but a 1992 Supreme Court ruling found the procedure should be legalized for situations when the woman's life is at risk from continuing the pregnancy. Five governments since have refused to pass a law resolving the confusion, leaving Irish hospitals reluctant to terminate pregnancies except in the most obviously life-threatening circumstances.

The vast bulk of Irish women wanting abortions, an estimated 4,000 per year, simply travel next door to England, where abortion has been legal on demand since 1967. But that option is difficult, if not impossible, for women in failing health.

Halappanavar's husband, Praveen, said doctors at University Hospital Galway in western Ireland determined she was miscarrying within hours of her hospitalization for severe pain on Sunday, Oct. 21. He said over the next three days, doctors refused their requests for an abortion to combat her surging pain and fading health.

The hospital declined to say whether doctors believed Halappanavar's blood poisoning could have been reversed had she received an abortion rather than waiting for the fetus to die on its own. In a statement, it described its own investigation into the death, and a parallel probe by the government's Health Service Executive, as "standard practice" whenever a pregnant woman dies in a hospital. The Galway coroner also planned a public inquest.

"Savita was really in agony. She was very upset, but she accepted she was losing the baby," he told The Irish Times in a telephone interview from Belgaum, southwest India. "When the consultant came on the ward rounds on Monday morning, Savita asked if they could not save the baby, could they induce to end the pregnancy? The consultant said: 'As long as there is a fetal heartbeat, we can't do anything.'

"Again on Tuesday morning ... the consultant said it was the law, that this is a Catholic country. Savita said: 'I am neither Irish nor Catholic' but they said there was nothing they could do," Praveen Halappanavar said.

He said his wife vomited repeatedly and collapsed in a restroom that night, but doctors wouldn't terminate the fetus because its heart was still beating.

The fetus died the following day and its remains were surgically removed. Within hours, Savita was placed under sedation in intensive care with blood poisoning and he was never able to speak with her again, her husband said. By Saturday, her heart, kidneys and liver had stopped working. She was pronounced dead early Sunday, Oct. 28.

The couple had settled in 2008 in Galway, where Praveen Halappanavar works as an engineer at the medical devices manufacturer Boston Scientific. His wife was qualified as a dentist but had taken time off for her pregnancy. Her parents in India had just visited them in Galway and left the day before her hospitalization.

Praveen Halappanavar said he took his wife's remains back to India for a Hindu funeral and cremation Nov. 3. News of the circumstances that led to her death emerged Tuesday in Galway after the Indian community canceled the city's annual Diwali festival. Savita Halappanavar had been one of the festival's main organizers.

Opposition politicians appealed Wednesday for Kenny's government to introduce legislation immediately to make the 1992 Supreme Court judgment part of statutory law. Barring any such bill, the only legislation defining the illegality of abortion in Ireland dates to 1861, when the entire island was part of the United Kingdom. That British law, still valid here due to Irish inaction on the matter, states it is a crime punishable by life imprisonment to "procure a miscarriage."

In the 1992 case, a 14-year-old girl identified in court only as "X'' successfully sued the government for the right to have an abortion in England. She had been raped by a neighbor. When her parents reported the crime to police, the attorney general ordered her not to travel abroad for an abortion, arguing this would violate Ireland's constitution.

The Supreme Court ruled she should be permitted an abortion in Ireland, never mind England, because she was making credible threats to commit suicide if refused one. During the case, the girl reportedly suffered a miscarriage.

Since then, Irish governments twice have sought public approval to legalize abortion in life-threatening circumstances — but excluding a suicide threat as acceptable grounds. Both times voters rejected the proposed amendments.

Legal and political analysts broadly agree that no Irish government since 1992 has needed public approval to pass a law that backs the Supreme Court ruling. They say governments have been reluctant to be seen legalizing even limited access to abortion in a country that is more than 80 percent Catholic.

An abortions right group, Choice Ireland, said Halappanavar might not have died had any previous government legislated in line with the X judgment. Earlier this year, the government rejected an opposition bill to do this.

"Today, some 20 years after the X case, we find ourselves asking the same question: If a woman is pregnant, her life in jeopardy, can she even establish whether she has a right to a termination here in Ireland?" said Choice Ireland spokeswoman Stephanie Lord.

Coincidentally, the government said it received a long-awaited expert report Tuesday proposing possible changes to Irish abortion law shortly before news of Savita Halappanavar's death broke. The government commissioned the report two years ago after the European Court of Human Rights ruled that Ireland's inadequate access to abortions for life-threatening pregnancies violated European Union law.

The World Health Organization, meanwhile, identifies Ireland as an unusually safe place to be pregnant. Its most recent report on global maternal death rates found that only three out of every 100,000 women die in childbirth in Ireland, compared with an average of 14 in Europe and North America, 190 in Asia and 590 in Africa.

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S&P 500 ends near four-month low on budget, Middle East

NEW YORK (Reuters) - The S&P 500 slid to its lowest level since late July on Wednesday, driven by uncertainty over budget negotiations and an escalation of violence in the Middle East.


President Barack Obama, in his first press conference since re-election, held to his position that marginal tax rates will have to rise to tackle the nation's deficits. With talks over solving the U.S. "fiscal cliff" in early stages, investors are reacting to the uncertainty by shedding positions.


"I think we will have a last-minute cliffhanger solution," said Michael Cheah, portfolio manager at SunAmerica Asset Management in Jersey City, New Jersey, about a deal to avoid the so-called cliff.


"In the meantime, the market is going to get punched every day."


Without a deal, a series of mandated tax hikes and spending cuts will start to take effect early next year that could push the U.S. economy into a recession.


Taxes on capital gains and dividends could rise as part of the negotiations, pushing investors to sell this year and pay lower taxes on their gains.


Buying interest has been weak in the stock market of late, as brief early market rallies have succumbed to selling pressure.


Adding to the selling pressure, Israel launched a major offensive against Palestinian militants in Gaza, killing the military commander of Hamas in an air strike and threatening an invasion of the enclave. Egypt said it recalled its ambassador from Israel in response.


"We know Europe's in trouble, China's slowing down ... and now you've got the Middle East flaring up again. It's all hitting at once, and obviously, the market is taking a 'sell first, ask questions later' approach," said Ryan Detrick, senior technical strategist at Schaeffer's Investment Research in Cincinnati.


Industrial shares led the decline, dragged lower in part by a 1 percent spike in crude prices after the Israeli offensive on Gaza. The S&P industrial sector index <.gspi> fell 2.5 percent.


Wall Street had opened higher after Dow component Cisco Systems Inc reported first-quarter earnings and revenue late Tuesday that beat expectations, driving its stock up 4.8 percent to $17.66. But the positive momentum was short-lived.


The Dow Jones industrial average <.dji> fell 185.23 points, or 1.45 percent, to 12,570.95 at the close. The S&P 500 <.spx> dropped 19.04 points, or 1.39 percent, to 1,355.49. The Nasdaq Composite <.ixic> lost 37.08 points, or 1.29 percent, to 2,846.81.


Both the Dow industrials and the Nasdaq ended at their lowest levels since late June.


The S&P 500 closed below its 200-day moving average for a fifth day in a row, a technical indicator that suggests recent declines are gaining momentum. It was the benchmark S&P 500's lowest close since July 25.


The Russell 2000 <.rut> tumbled 2 percent and the Dow Jones Transportation average <.djt> slid 2.6 percent. FedEx Corp shares dropped 3.7 percent to $87.12. Bank of America shares lost 3.6 percent to $8.99.


In contrast, Facebook shares jumped 12.6 percent to $22.36 as investors were relieved that expiring trading restrictions on a huge block of shares did not trigger an immediate wave of insider selling.


Teen clothing retailer Abercrombie & Fitch Co jumped 34.4 percent to $41.92 after the company reported unexpectedly improved third-quarter results and a full-year outlook that exceeded Wall Street's forecasts.


About 7.4 billion shares changed hands on the New York Stock Exchange, the Nasdaq and NYSE MKT, more than the daily average so far this year of about 6.51 billion shares.


On the NYSE, decliners outnumbered advancers by a ratio of almost 9 to 1. On the Nasdaq, about four stocks fell for every one that rose.


(Reporting by Rodrigo Campos; Additional reporting by Steven C. Johnson and Leah Schnurr; Editing by Jan Paschal)


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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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Psy to Be This Year's New Media Honoree at the American Music Awards















11/13/2012 at 04:00 PM EST







Psy


Dave Hogan/MTV 2012/Getty


All the YouTube clicks have paid off for "Gangnam Style" rapper, Psy.

He became an overnight sensation in the United States, and now the Korea-bred artist, also known as Park Jae-Sang, is being honored at the American Music Awards on Sunday.

Psy will follow in the footsteps of DeStorm, Christina Grimmie and Karmin, to become this year's new media honoree for his cyber success.

He will receive a trophy for his hit single – which has racked up more than 28 million video clicks – during the Coca-Cola Red Carpet LIVE! at the 2012 AMAs pre-show. Psy will also perform his catchy tune during the show itself.

The pre-show will stream live on YouTube and other partner sites starting at 5 p.m. ET/2 p.m. PT. The 40th annual American Music Awards airs Sunday at 8 p.m. on ABC.

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Report: FDA wanted to close Mass pharmacy in 2003

WASHINGTON (AP) — Nearly a decade ago, federal health inspectors wanted to shut down the pharmacy linked to a recent deadly meningitis outbreak until it cleaned up its operations, according to congressional investigators.

About 440 people have been sickened by contaminated steroid shots distributed by New England Compounding Center, and more than 32 deaths have been reported since the outbreak began in September, according to the Centers for Disease Control and Prevention. That has put the Framingham, Mass.-based pharmacy at the center of congressional scrutiny and calls for greater regulation of compounding pharmacies, which make individualized medications for patients and have long operated in a legal gray area between state and federal laws.

The House Energy and Commerce Committee released a detailed history of NECC's regulatory troubles on Monday, ahead of a meeting Wednesday meeting to examine how the outbreak could have been prevented. The 25-page report summarizes and quotes from FDA and state inspection reports and internal memos, though the committee declined to release the original documents.

The report shows that after several years of problems, Food and Drug Administration officials in 2003 suggested that the compounding pharmacy be "prohibited from manufacturing" until it improved its operations. But FDA regulators deferred to their counterparts in Massachusetts, who ultimately reached an agreement with the pharmacy to settle concerns about the quality of its prescription injections.

The congressional report also shows that in 2003 the FDA considered the company a pharmacy. That's significant because since the outbreak came to light in late September, public health officials have charged that NECC was operating more as a manufacturer than a pharmacy, shipping thousands of doses of drugs to all 50 states instead of small batches of drugs to individual patients. Manufacturers are regulated by the FDA and are subject to stricter quality standards than pharmacies.

The report offers the most detailed account yet of the numerous regulatory complaints against the pharmacy, which nearly date back to its founding in 1998. Less than a year later, the company was cited by the state pharmacy board for providing doctors with blank prescription pads with NECC's information. Such promotional items are illegal in Massachusetts and the pharmacy's owner and director, Barry Cadden, received an informal reprimand, according to documents summarized by the committee.

Cadden was subject to several other complaints involving unprofessional conduct in coming years, but came to the FDA's attention in 2002. Here are some key events from the report highlighting the company's early troubles with state and federal authorities:

__ In March of 2002 the FDA began investigating reports that five patients had become dizzy and short of breath after receiving NECC's compounded betamethasone repository injection, a steroid used to treat joint pain and arthritis that's different from the one linked to the current meningitis outbreak.

FDA inspectors visited NECC on April 9 and said Cadden was initially cooperative in turning over records about production of the drug. But during a second day of inspections, Cadden told officials "that he was no longer willing to provide us with any additional records," according to an FDA report cited by congressional investigators. The inspectors ultimately issued a report citing NECC for poor sterility and record-keeping practices but said that "this FDA investigation could not proceed to any definitive resolution," because of "problems/barriers that were encountered throughout the inspection."

__ In October of 2002, the FDA received new reports that two patients at a Rochester, N.Y., hospital who came down with symptoms of bacterial meningitis after receiving a different NECC injection. The steroid, methylprednisolone acetate, is the same injectable linked to the current outbreak and is typically is used to treat back pain. Both patients were treated with antibiotics and eventually recovered, according to FDA documents cited by the committee.

When officials from the FDA and Massachusetts Board of Pharmacy visited NECC later in the month, Cadden said vials of the steroid returned by the hospital had tested negative for bacterial contamination. But when FDA scientists tested samples of the drug collected in New York they found bacterial contamination in four out of 14 vials sampled. It is not entirely clear whether FDA tested the same lot shipped to the Rochester hospital.

__ At a February 2003 meeting between state and federal officials, FDA staff emphasized "the potential for serious public consequences if NECC's compounding practices, in particular those relating to sterile products, are not improved." The agency issued a list of problems uncovered in its inspection to NECC, including a failure to verify if sterile drugs met safety standards.

But the agency decided to let Massachusetts officials take the lead in regulating the company, since pharmacies are typically regulated at the state level. It was decided that "the state would be in a better position to gain compliance or take regulatory action against NECC as necessary," according to a summary of the meeting quoted by investigators.

The FDA recommended the state subject NECC to a consent agreement, which would require the company to pass certain quality tests and assurances to continue operating. But congressional investigators say Massachusetts Board of Pharmacy did not take any action until "well over a year later."

__ In October 2004, the board sent a proposed consent agreement to Cadden, which would have included a formal reprimand and a three-year probationary period for the company's registration. The case ended without disciplinary action in 2006, when NECC agreed to a less stringent consent decree with the state.

FDA Commissioner Margaret Hamburg and Massachusetts Department of Public Health interim commissioner Lauren Smith are scheduled to testify at Wednesday's hearing.

According to the congressional report, lawmakers plan to ask the witnesses whether the FDA and state pharmacy board acted appropriately. Cadden is also scheduled to appear at the hearing, after lawmakers issued a subpoena to compel him to attend.

The NECC has been closed since early last month, and Massachusetts officials have taken steps to permanently revoke its license. The pharmacy has recalled all the products it makes, including 17,700 single-dose vials of a steroid that tested positive for the fungus tied to the outbreak.

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