Palestinian Rockets Kill Three Israelis and Trigger Air Sirens in Tel Aviv

KIRYAT MALACHI, Israel — Israel and Hamas widened their deadly conflict over Gaza on Thursday, as militants fired dozens of rockets — including one that killed three civilians in an apartment block in this small southern Israeli town — and two longer-range rockets aimed at Tel Aviv, causing no harm but triggering the first air raid warning there set off by incoming fire from Gaza. The death toll in Gaza from Israeli airstrikes rose to at least 19, including five children and a pregnant teenager.

There was no sign that either side was prepared to dial back the confrontation that has threatened a new war in the Middle East, despite entreaties for restraint by world leaders including President Obama and Ban Ki-moon, the United Nations secretary general, who planned a visit there in coming days. If anything, the Israelis intensified their attacks on Gaza after the Tel Aviv scare and made new moves toward a possible ground invasion.

The Israeli deaths were the first since Israel’s military launched ferocious aerial assaults on Wednesday to stop the chronic rocket fire from Gaza, the Palestinian coastal enclave controlled by Hamas, the militant Palestinian group.

The Israel Defense Forces said in a cryptic statement that one of the two longer-range rockets aimed at Tel Aviv landed but did not hit the ground — meaning that it likely crashed into the Mediterranean Sea — and that the other appeared to have landed far outside the city. Exact locations were not specified.

But the Tel Aviv air raid warnings — which residents of Israel’s largest metropolis had not heard except for drills or malfunctions since Saddam Hussein’s Scuds threatened them in the first Persian Gulf War, more than two decades ago — were a reminder of their vulnerability to an attack from Gaza, less than 40 miles away. They also underscored Israel’s stated reason for seeking to destroy the missile-launching sites in Gaza.

Ehud Barak, the minister of defense, said the targeting of Tel Aviv and the scope of the Palestinian rocket fire “represents an escalation, and there will be a price for that escalation that the other side will have to pay.”

Mr. Barak also dropped a further hint that planning for a ground invasion of Gaza had begun, saying he had instructed the army to broaden its draft of reservists to “be prepared for any kind of development if and when it will be required.” Israeli officials said 30,000 reservists could be called, and heavy machinery and tanks rumbled south along Israeli roads leading to Gaza on Thursday in preparation for a possible invasion.

The Israel Defense Forces said that within hours of the Tel Aviv air raid warning, they had attacked 70 underground rocket-launching sites in Gaza, and “direct hits were confirmed.” There were also unconfirmed reports that Israeli rockets had struck near Gaza’s Rafah crossing into Egypt, forcing the Egyptians to close it.

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Brig. Gen. Yoav Mordechai, a spokesman for the Israel Defense Forces, said its aerial assaults had hit more than 200 sites in Gaza by late Thursday, and “we’ll continue tonight and tomorrow.” He also said militants in Gaza had fired about 300 rockets into southern Israel and at least 100 more had been intercepted by Israel’s Iron Dome antimissile defense system.

The Israeli aerial assault on Gaza that began on Wednesday was the most intense military operation by Israel in Gaza since an invasion four years ago.

The regional perils of the situation sharpened as President Mohamed Morsi of Egypt warned that his country stood by the Palestinians against what he termed Israeli aggression, echoing similar condemnation on Wednesday.

“The Egyptian people, the Egyptian leadership, the Egyptian government and all of Egypt is standing with all its resources to stop this assault, to prevent the killing and the bloodshed of Palestinians,” Mr. Morsi said in nationally televised remarks before a crisis meeting of senior ministers. He also instructed his prime minister to lead a delegation to Gaza on Friday and said he had contacted President Obama to discuss strategies to “stop these acts and doings and the bloodshed and aggression.”

Isabel Kershner reported from Kiryat Malachi, Israel, and Rick Gladstone from New York. Reporting was contributed by Fares Akram from Gaza, Rina Castelnuovo from Kiryat Malachi, Mayy El Sheikh and David D. Kirkpatrick from Cairo, Gabby Sobelman from Jerusalem and Alan Cowell from Paris.

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GameStop profit beats forecast; cautiously eyes holiday

SAN FRANCISCO (Reuters) – GameStop Corp, the world’s largest retailer of videogame products, reported a stronger-than-expected profit on Thursday but lowered its sales forecast for this year due to uncertainty around the holiday shopping season as the video game market struggles.

Grapevine, Texas-based GameStop forecast same-store sales in 2012 would drop 6 percent to 9 percent, compared with a 2 to 10 percent decline projected previously.

“We’ve continued to find new ways to drive revenues and margins in our stores and that’s enabled us to hold on to some earnings in these difficult times,” Chief Financial Officer Rob Lloyd said in an interview.

“We’re still a little bit cautious in that it’s a difficult environment in which to forecast because the industry has been down,” Lloyd said. “And we’ve got uncertainty surrounding what the supply of the (Nintendo)Wii U is going to be.”

Nintendo Co Ltd is gearing up to launch its Wii U video game console on November 18. It is the first new home console device to be sold by a major gaming company in more than six years.

GameStop hopes the start of a new console cycle with the Wii U launch and just-released high quality games like Microsoft Corp’s “Halo 4″ and Activision Blizzard’s “Call of Duty: Black Ops II” will boost hardware and software sales this holiday season.

GameStop’s shares rose 4.25 percent to $ 24.48 in afternoon trading on the New York Stock Exchange.

Sterne Agee analyst Arvind Bhatia said investors seem more comfortable now with the company’s recent efforts to drive profitability.

In the last two years, the company has been tackling decelerating video game sales in a tough market by diversifying its revenue sources, selling electronics like tablets, digital video games and used games.

The games retailer said it had repurchased stock worth $ 76.8 million in the third quarter and announced that its board had approved a new $ 500 million share buy-back plan to replace its existing $ 242 million repurchase plan. It also announced a quarterly dividend of 25 cents, same as last quarter.

The company reported adjusted net earnings per share of 38 cents in the third quarter, beating analysts’ expectations of 32 cents.

“Earnings per share was quite impressive, driven by gross margins being strong and cost control,” Sterne Agee’s Bhatia said.

GameStop said it expects comparable store sales to range between down 7 percent and up 1 percent in the fourth quarter. It forecast earnings per share between $ 2.07 to $ 2.27 for the period.

Sales of traditional videogame products such as consoles have been pressured globally by lower-priced online offerings and gamers spending more time on tablet computers and cell phones.

Total U.S. sales of videogame software in October dropped 25 percent from a year ago, following a similar trend throughout the third quarter, according to a report by market research firm NPD.

GameStop said sales fell 8.9 percent to $ 1.77 billion. Analysts were expecting sales of $ 1.79 billion, according to Thomson Reuters I/B/E/S.

Adjusted earnings were $ 47.2 million, compared with $ 53.9 million a year ago. The company maintained its previously announced full-year earnings outlook of between $ 3.10 per share to $ 3.30 per share.

(Reporting by Malathi Nayak; editing by John Wallace, Maureen Bavdek, David Gregorio and Dan Grebler)

Internet News Headlines – Yahoo! News

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Kris and Bruce Jenner Divorce Rumors Are 'Rubbish,' Says a Source

By Maggie Coughlan and Jennifer Garcia

11/15/2012 at 05:05 PM EST

Here's a storyline you won't see on Keeping Up with the Kardashians: Kris and Bruce Jenner splitting.

After reports surfaced that the couple of 21 years was headed for divorce, a source tells PEOPLE it couldn't be farther from the truth.

"They're not getting divorced," a source says. "It is all rubbish."

"This same basic story has been on covers of mags for the last year and none ... is true," the source adds.

Kris, 57, and Bruce, 63, have been married since 1991, and this is their second and third marriages, respectively.

E! Online was first to report the news.

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New gene triples risk for Alzheimer's disease

Scientists have identified a new gene variant that seems to strongly raise the risk for Alzheimer's disease, giving a fresh target for research into treatments for the mind-robbing disorder.

The problem gene is not common — less than 1 percent of people are thought to have it — but it roughly triples the chances of developing Alzheimer's compared to people with the normal version of the gene. It also seems to harm memory and thinking in older people without dementia.

The main reason scientists are excited by the discovery is what this gene does, and how that might reveal what causes Alzheimer's and ways to prevent it. The gene helps the immune system control inflammation in the brain and clear junk such as the sticky deposits that are the hallmark of the disease. Mutations in the gene may impair these tasks, so treatments to restore the gene's function and quell inflammation may help.

"It points us to potential therapeutics in a more precise way than we've seen in the past," said Dr. William Thies, chief medical and scientific officer of the Alzheimer's Association, which had no role in the research. Years down the road, this discovery will likely be seen as very important, he predicted.

It is described in a study by an international group published online Wednesday by the New England Journal of Medicine.

About 35 million people worldwide have dementia, and Alzheimer's is the most common type. In the U.S., about 5 million have Alzheimer's. Medicines such as Aricept and Namenda just temporarily ease symptoms. There is no known cure.

Until now, only one gene — ApoE — has been found to have a big impact on Alzheimer's risk. About 17 percent of the population has at least one copy of the problem version of this gene but nearly half of all people with Alzheimer's do. Other genes that have been tied to the disease raise risk only a little, or cause the less common type of Alzheimer's that develops earlier in life, before age 60.

The new gene, TREM2, already has been tied to a couple other forms of dementia. Researchers led by deCODE Genetics Inc. of Iceland honed in on a version of it they identified through mapping the entire genetic code of more than 2,200 Icelanders.

Further tests on 3,550 Alzheimer's patients and more than 110,000 people without dementia in several countries, including the United States, found that the gene variant was more common in Alzheimer's patients.

"It's a very strong effect," raising the risk of Alzheimer's by three to four times — about the same amount as the problem version of the ApoE gene does, said Dr. Allan Levey, director of an Alzheimer's program at Emory University, one of the academic centers participating in the research.

Researchers also tested more than 1,200 people over age 85 who did not have Alzheimer's disease and found that those with the variant TREM2 gene had lower mental function scores than those without it. This adds evidence the gene variant is important in cognition, even short of causing Alzheimer's.

"It's another piece in the puzzle. It suggests the immune system is important in Alzheimer's disease," said Andrew Singleton, a geneticist with the National Institute on Aging, which helped pay for the study.

One prominent scientist not involved in the study — Dr. Rudolph Tanzi, a Harvard Medical School geneticist and director of an Alzheimer's research program at Massachusetts General Hospital — called the work exciting, but added a caveat.

"I would like to see more evidence that this is Alzheimer's" rather than one of the other dementias already tied to the gene, Tanzi said. Autopsy or brain imaging tests can show whether the cases attributed to the gene variant are truly Alzheimer's or misdiagnosed, he said.

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Online:

Medical journal: http://www.nejm.org

Alzheimer's info: http://www.alzheimers.gov

Alzheimer's Association: http://www.alz.org

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Marilynn Marchione can be followed at http://twitter.com/MMarchioneAP

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Wall Street drops on deficit, Middle East concerns

NEW YORK (Reuters) - Stocks slid on Wednesday with declines accelerating after President Barack Obama set up a drawn-out fight over the fiscal cliff when he stuck to his pledge to raise taxes on the wealthy, and as violence increased in the Middle East.

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.

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 has fallen 5.1 percent in the six sessions since election night. Wednesday marked the benchmark index's lowest close since July 25.

The Russell 2000 <.rut> tumbled 2 percent. 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 7.53 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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Israelis Launch Major Assault on Gaza, Killing Hamas Commander

GAZA — Israel on Wednesday launched one of the most ferocious assaults on Gaza since its invasion four years ago, hitting at least 20 targets in aerial attacks that killed the top military commander of Hamas, drew strong condemnation from Egypt and escalated the risks of a new war in the Middle East.

The Israelis coupled the intensity of the airstrikes with the threat of another ground invasion and warnings to all Hamas leaders in Gaza to stay out of sight or risk the same fate as the Hamas military commander, Ahmed al-Jabari, who was killed in a pinpoint airstrike as he was traveling by car down a Gaza street. “We recommend that no Hamas operatives, whether low level or senior leaders, show their faces above ground in the days ahead,” the Israel Defense Forces said in a Twitter message.

The ferocity of the airstrikes, which Israel called Operation “Pillar of Defense” in response to repeated rocket attacks by Gaza-based Palestinian militants, provoked rage in Gaza, where Hamas said the airstrikes amounted to war and promised a harsh response. It quickly launched dozens of rockets into southern Israel, including several that struck the city of Beersheba, shattering windows and damaging cars but causing no injuries.

Civil-defense authorities in Israel, anticipating retaliation, raised alert levels early in the day and told residents in southern Israel to take precautions. Many remained indoors or congregated in bomb shelters.

The Hamas-run Health Ministry in Gaza said the Israeli attacks had killed at least five others besides Mr. Jabari, including a baby and a 7-year-old girl, and had wounded at least 40.

The abrupt escalation in hostilities between Israel and Hamas, the militant organization regarded by Israel as a terrorist group sworn to Israel’s destruction, came amid rising tensions between Israel and all of its Arab neighbors. Israel has faced growing lawlessness on its border with the Sinai, including cross-border attacks. It recently fired twice into Syria, which is caught in a civil war, after munitions fell in the Israeli-occupied Golan Heights, and it has absorbed rocket fire from Gaza, which has damaged homes and frightened the population.

Israeli officials had promised a robust response to the rocket fire, but for the moment, at least, opted against a ground invasion and instead chose airstrikes and targeted killings.

The Israeli attacks especially threatened to further complicate Israel’s fragile relations with Egypt, where the Islamist-led government of President Mohamed Morsi, reversing a policy of ousted predecessor Hosni Mubarak, had established closer ties with Hamas and had been acting as a mediator to restore calm between Israel and Gaza-based militant groups.

In the first crisis in Israeli-Egyptian relations since Mr. Morsi came to power, he called the Israeli actions “wanton aggression on the Gaza Strip.” He ordered Egypt’s ambassador to Israel to return home, summoned the Israeli ambassador to protest, and called for emergency meetings of both the United Nations Security Council and the Arab League over the Gaza attacks. Egyptian state media said Foreign Minister Mohamed Amr had “warned Israel against the consequences of escalation and the negative reflections it may have on the security and stability of the region.”

Mr. Morsi’s Freedom and Justice Party, which was founded by the Muslim Brotherhood, posted a video on its Web site of what was described as the burned body of a Palestinian child said to have been killed in the Israeli attacks, in what appeared to be a deliberate attempt to inflame passions. His party also issued a statement saying: “The wanton aggression against Gaza proves that Israel has yet to realize that Egypt has changed and that the Egyptian people who revolted against oppression will not accept assaulting Gaza.”

A spokesman for Hamas, Fawzi Barhoum, said the Israelis had “committed a dangerous crime and broke all redlines,” and that “the Israeli occupation will regret and pay a high price.”

Military officials in Israel, which announced responsibility for the death of Mr. Jabari, later said in a statement that their forces had carried out additional airstrikes in Gaza targeting what they described as “a significant number of long-range rocket sites” owned by Hamas that had stored rockets capable of reaching 25 miles into Israel. The statement said the airstrikes had dealt a “significant blow to the terror organization’s underground rocket-launching capabilities.”

Yisrael Katz, a minister from Israel’s governing Likud Party, issued a statement saying that the operation had sent a message to the Hamas political leaders in Gaza “that the head of the snake must be smashed. Israel will continue to kill and target anyone who is involved in the rocket attacks.”Hamas and medical officials in Gaza said both Mr. Jabari and a companion were killed by the airstrike on his car in Gaza City. Israeli news media said the companion was Mr. Jabari’s son, but there was no immediate confirmation.

Fares Akram reported from Gaza, and Isabel Kershner from Jerusalem. Reporting was contributed by Mayy El Sheikh and David D. Kirkpatrick from Cairo, Gabby Sobelman in Jerusalem, Rina Castelnuovo in Beersheba, Israel, and Rick Gladstone from New York.

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NASCAR’s Keselowski can’t tweet in car anymore

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Social Media News Headlines – Yahoo! News

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Beverly Johnson Welcomes a Grandson

Mom & Babies
Celebrity Baby Blog

11/14/2012 at 05:30 PM ET

Courtesy Patterson Family

Election day ended in a big win for Anansa Sims!

The plus-size model and her husband, former NFL player David Patterson, welcomed their second child, David Bernard Patterson III, on Tuesday, Nov. 6, her rep confirms to PEOPLE.

Weighing 8 lbs., 13 oz. and measuring 21 inches long, baby boy joins big sister Ava Brielle, 16 months.

Equally excited about her grandson’s arrival was Beverly Johnson.

“[I'm] feeling so blessed! Being a grandparent is the best!!!” the supermodel and star of Beverly’s Full House, 60, tells PEOPLE. “I am so in love! Go straight to grandparenthood!”

The couple — who tied the knot in 2010 — announced the pregnancy in April, with Sims sharing her high hopes for a baby boy.

Courtesy Patterson Family

Courtesy Patterson Family

– Anya Leon with reporting by Melody Chiu

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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 memos, though the committee declined to release the original documents.

The report shows that after several problematic incidents, 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 in recent weeks 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 first 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 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 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 severe consent decree with the state.

Massachusetts officials indicated Tuesday they are still investigating why NECC escaped the more severe penalty.

"I will not be satisfied until we know the full story behind this decision," the state's interim health commissioner Lauren Smith said in a transcript of her prepared testimony released a day ahead of delivery. Smith is one of several witnesses scheduled to testify Wednesday, including FDA Commissioner Margaret Hamburg.

The committee will also hear from the widow of 78-year-old Eddie C. Lovelace, a longtime circuit court judge in southern Kentucky. Autopsy results confirmed Lovelace received fungus-contaminated steroid injections that led to his death Sept. 17.

Joyce Lovelace will urge lawmakers to work together on legislation to stop future outbreaks caused by compounded drugs, according to a draft of her testimony.

"We now know that New England Compounding Pharmacy, Inc. killed Eddie. I have lost my soulmate and life's partner with whom I worked side by side, day after day for more than fifty years," Lovelace states.

Barry 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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Microsoft leads Wall Street lower, but retailers gain

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