Study: 2 stents have equal risk - The Boston Globe: "Study: 2 stents have equal risk
By Bloomberg News October 23, 2006
WASHINGTON -- Boston Scientific Corp. said its Taxus drug-coated heart stents were no more likely than Johnson & Johnson's similar devices to cause blood clots after a year of use.
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Sign up for: Globe Headlines e-mail Breaking News Alerts The Boston Scientific-funded study, released at a medical meeting yesterday, reinforced the Natick company's assertion that Taxus and J&J's top-selling Cypher device carry equal risk of causing blood clots, which can cause heart attacks and strokes. J&J has said its product is less likely after a year to cause clotting."

abc7news.com: Egg Salad Recalled In 17 States: "Egg Salad Recalled In 17 States Due To Possible Contamination
Oct. 22 - A food company says it is recalling its egg salad in 17 states because of possible contamination.
Ballard's Farm Sausage says tests showed mixed results for a bacterium that can cause serious or fatal infections in young children or elderly people.
It also can cause miscarriages and stillbirths in pregnant women.
Ballard's president says the company has temporarily suspended producing egg salad while it investigates the contamination.
The company did not say where the containers were sold, but the states involved in the recall are Alabama, Delaware, Florida, Georgia, Illinois, Indiana, Kentucky, Michigan, New York, New Jersey, North and South Carolina, Ohio, Pennsylvania, Tennessee, Virginia and West Virginia. "

News Tribune: "BP settles lawsuit in Sugar Creek lymphoma case







INDEPENDENCE, Mo. (AP) - BP Amoco has settled a lawsuit filed by a man who claimed exposure to pollution from the company's plant in Sugar Creek caused him to get non-Hodgkin's lymphoma when he was 11 years old.

The terms of the settlement were not announced under an agreement between BP and lawyers for Justin Detel, 20, who sued the company in March 2004. The lawsuit was settled Friday, two weeks it was scheduled to go to trial."

Cowboys coach claims rat in salad: "Cowboys coach claims rat in salad

© 2006 The Associated Press
DALLAS — Dallas Cowboys assistant coach Todd Haley is suing a suburban McDonald's, claiming his wife and the family's live-in baby sitter found a dead rat in a salad they took home and began to eat.
The lawsuit filed Thursday in state district court seeks $1.7 million in damages, The Dallas Morning News reported on its Web site."

National Law Journal: "New set of Paxil suits are alleging birth defects
Peter Geier/Staff reporter
A prescription anti-depression drug that allegedly causes severe birth defects could be shaping into a new phase of litigation over GlaxoSmith Kline's Paxil. "

The Seattle Times: Nation & World: Use of stents to prevent strokes discouraged: "Use of stents to prevent strokes discouraged
By Thomas H. Maugh II and Denise Gellene
Los Angeles Times
The increasingly common practice of preventing strokes by using wire-mesh stents to prop open neck arteries is much riskier than the traditional method of surgically removing plaque and should be curtailed, according to two large European studies.
Patients receiving the stents were nearly 2 ½ times as likely to have a stroke or die, French researchers reported today in the New England Journal of Medicine. The results were so clear, the researchers said, that they terminated the study prematurely and stopped using the stents."

New York Daily News - City News - Juan Gonzalez: Small victory for ailing G.I.s: "Small victory for ailing G.I.s


A Manhattan federal judge has ruled that a group of New York Army veterans who fell ill after inhaling depleted uranium dust from exploded U.S. shells can sue the federal government - but only for medical malpractice after their discharge.
A 1950 Supreme Court decision - commonly known as the Feres Doctrine - has long prohibited suits against the federal government by soldiers, U.S. District Judge John Koeltl ruled last week.
'To the extent that the injuries asserted in the plaintiffs' complaint arise out of their military service ... the court is without jurisdiction to hear those claims,' Koeltl stated in his 29-page opinion."

Vioxx Suits Surge to Beat Deadline - washingtonpost.com: "Vioxx Suits Surge to Beat Deadline
By LINDA A. JOHNSON
The Associated Press
Saturday, September 30, 2006; 12:56 PM
TRENTON, New Jersey -- A surge of lawsuits has swamped courthouses just ahead of the two-year anniversary of drugmaker Merck & Co. pulling its blockbuster painkiller Vioxx from the market.
Saturday was the deadline for many users to sue the drugmaker over heart attacks, strokes or other harm they blame on Vioxx. Patients in 22 states, many heavily populated ones, can no longer sue Merck because they have a limit of two years on initiating personal injury lawsuits; four other states have one-year limits.


Vioxx is arranged on a counting tray, laying on top of the bottle, at The Pennington Apothecary in a Pennington, N.J. file photo from Sept. 30, 2004. A federal jury ruled in favor of Merck & Co. Inc. on Tuesday,Sept. 26, 2006, in a lawsuit over the painkiller Vioxx, finding there was not enough evidence to link the drug to a Kentucky man's heart attack. (AP Photo/Daniel Hulshizer, File) (Daniel Hulshizer - AP)

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F.D.A. Says Bayer Failed to Reveal Drug Risk Study - New York Times: "F.D.A. Says Bayer Failed to Reveal Drug Risk Study
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By GARDINER HARRIS
Published: September 30, 2006
WASHINGTON, Sept. 29 — Bayer A.G., the German pharmaceutical giant, failed to reveal to federal drug officials the results of a large study suggesting that a widely used heart-surgery medicine might increase the risks of death and stroke, the Food and Drug Administration announced Friday.
Bayer scientists even appeared at a public meeting called by the F.D.A. on Sept. 21 to discuss the possibility that the drug, Trasylol, might have serious risks. But they did not mention the study or its worrisome results.
In a highly unusual move, the food and drug agency released a public health advisory saying it had learned of the study’s existence only on Wednesday. Preliminary results of the study demonstrate “that use of Trasylol may increase the chance for death, serious kidney damage, congestive heart failure and strokes,” the advisory said."

U.S. appeals court reinstates Rezulin lawsuit Reuters.com: "U.S. appeals court reinstates Rezulin lawsuit
Thu Oct 5, 2006 6:34pm ET
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PRESS DIGEST - New York Times business - Oct 20
UPDATE 2-Profit rises at Pfizer and three other drugmakers
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Mr. Kindler is Pfizer Inc's Vice Chairman and General Counsel since March 2005 and was named to the additional post of Chief Executive Officer in July... Full Bio

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Insider Trading Email This Article Print This Article Reprints [-] Text [+] NEW YORK, Oct 5 (Reuters) - A federal appeals court in New York on Thursday reinstated a lawsuit filed against Pfizer Inc. (PFE.N: Quote, Profile, Research) unit Warner-Lambert by people who claim to have been harmed by its withdrawn diabetes drug Rezulin.
In a 22-page opinion, a three-judge panel for the U.S. Court of Appeals for the Second Circuit wrote that a lower court judge had wrongly concluded that federal law preempted claims made under a Michigan state product liability statute.
The lawsuit, filed by residents of Michigan who said their various injuries were caused by Rezulin, had been dismissed by U.S. District Judge Lewis Kaplan in 2005.
Rezulin was "

Idaho Lab Ties Death of Boy, 2, to Spinach Drink - New York Times: "Idaho Lab Ties Death of Boy, 2, to Spinach Drink
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By LIBBY SANDER
Published: October 6, 2006
The 2-year-old who died of kidney failure set off by E. coli last month ate a spinach blend tainted with the same strain of the bacteria that has sickened nearly 200 people since mid-September, making his the second confirmed death in the outbreak, health officials say.
“It’s not a surprise,” a spokesman for the Idaho Department of Health and Welfare, Ross Mason, said Wednesday of the conclusion that the death of the toddler, Kyle Allgood of Chubbuck, Idaho, on Sept. 20 was linked to the outbreak. “We figured that would be the case.” "

Study Says Lab Meltdown Caused Cancer - Los Angeles Times: "Study Says Lab Meltdown Caused Cancer
Scientists say details about the 1959 accident near Simi Valley continue to be withheld. Other contamination at the site is much clearer.
By Amanda Covarrubias, Times Staff Writer
October 6, 2006


Radioactive emissions from a 1959 nuclear accident at a research lab near Simi Valley appear to have been much greater than previously suspected and could have resulted in hundreds of cancers in surrounding communities, according to a study released Thursday.

Chemical contamination from rocket engine testing at the site continues to threaten soil and groundwater in the area around Rocketdyne's Santa Susana Field Laboratory, the study also found.

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The nuclear meltdown, which remained virtually unknown to the public until 1979, could have caused between 260 and 1,800 cases of cancer 'over a period of many decades,' the study concluded."

Libel lawsuit rule extends to Internet: "Oct. 19, 2006, 3:15AM
Libel lawsuit rule extends to Internet

From staff and wire reports
DALLAS — Libel lawsuit rule extends to Internet
A one-year statute of limitations for bringing libel lawsuits in Texas also applies to articles posted on the Internet, a federal judge has ruled.
The ruling by U.S. District Judge David Godbey is being hailed as an important decision that gives online media the same protections as traditional print and broadcast organizations."

Law.com - As Climate Changes, Large Firms Look at Global-Warming Practice Areas: "As Climate Changes, Large Firms Look at Global-Warming Practice Areas
Petra Pasternak
The Recorder
October 19, 2006
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Morrison & Foerster's Thomas Ciotti
Image: Jason Doiy / The RecorderWhile scientists ponder how quickly the polar ice cap will become a tropical resort -- and California turns the heat up on the auto industry -- law firms are starting to wave their green flags.
Soon after California Attorney General Bill Lockyer announced he was suing carmakers over vehicle pollution, and the state passed a new law to limit greenhouse gas emissions, Pillsbury Winthrop Shaw Pittman announced it was putting together a new climate change and sustainability practice group. And Morrison & Foerster announced an event to discuss the new Global Warming Solutions Act.
'We're going to try to start up a group initially within the confines of our IP practice,' said MoFo partner Thomas Ciotti. 'You've got to start marketing to the community in order to start attracting more business.'
Partners are going to discuss hiring needs for his firm's new global-warming practice, dubbed Greentech, at an end-of-month meeting, Ciotti said. "

9/11-related claims allowed to go forward: "9/11-related claims allowed to go forward
Mark Hamblett/New York Law Journal
October 19, 2006


Southern District Judge Alvin Hellerstein refused yesterday to dismiss more than 3,000 lawsuits against New York City, the Port Authority of New York and New Jersey, and contractors who cleared Ground Zero that were brought by emergency workers who claimed respiratory damage and other illnesses from the cleanup after Sept. 11, 2001.

But Judge Hellerstein said it was too early in the litigation to determine whether the defendants are entitled to immunity under the New York State Defense Emergency Act (SDEA) or other immunity doctrines, including one claim that the federal government supervised key elements of health and safety conditions at the site and the Fresh Kills landfill"

Judge Orders Merck to Reveal Trial Cost,: "Judge Orders Merck to Reveal Trial Cost,

By THERESA AGOVINO AP Business Writer
© 2006 The Associated Press
NEW YORK — A N.J. judge ordered Merck & Co. on Tuesday to release records on how much it spent on a trial involving its Vioxx painkiller.
The information would provide a window into how much Merck spends on its trials, and what its legal defense costs could be in the future. More than 21,000 suits have been filed against Merck, which has vowed to try each case over Vioxx.
So far, Merck has reserved $970 million for legal costs and spent $285 million of that last year.
Judge Carol Higbee's order stems from a request from plaintiffs' lawyers that Merck pay their legal fees and expenses of roughly $5.6 million for a trial that combined the cases of two men who suffered heart attacks while taking Vioxx. The jury found that Merck committed consumer fraud in its marketing of Vioxx, and that finding allows plaintiffs firms to ask for legal fees."

Newer Stents Pose Dangers, 2 Doctors Say - New York Times: "Newer Stents Pose Dangers, 2 Doctors Say
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By BARNABY J. FEDER
Published: October 12, 2006
Correction Appended
More than 2,000 patients are dying needlessly each year from the use of stents, the tiny metal devices that prop open heart arteries, according to an editorial published yesterday by a leading medical society.
The editorial is the latest salvo in a growing debate among doctors about the risks of fatal blood clotting and serious heart attacks associated with the latest generation of stents, which are drug-coated. The devices are sold by Boston Scientific and Johnson & Johnson. The drug coating is meant to reduce inflammation at the site of the stent, in hopes of preventing a recurrence of the arterial blockage that led to the insertion of the device. "

Philadelphia Inquirer 10/12/2006 Mistrial granted in menopause-drug case against Wyeth: "Mistrial granted in menopause-drug case against WyethWithout explanation, a Pa. judge threw out the $1.5 million award to a woman who claimed two drugs caused her cancer.
By Sophia Pearson and Jef Feeley
Bloomberg News
Wyeth persuaded a Pennsylvania judge to throw out a $1.5 million award to a woman who claimed the drugmaker's menopause medicines caused her cancer.
Judge Norman Ackerman in Philadelphia declared a mistrial yesterday without explanation and discarded the Oct. 4 jury finding that Wyeth's Prempro and Premarin were a cause of Jennie Nelson's breast cancer. The jury last week set compensatory damages at $1.5 million, raising the possibility of punitive damages in a second phase."

Lawsuit against crematorium given class-action status - Boston.com: "Lawsuit against crematorium given class-action status
October 12, 2006
SEABROOK, N.H. --A judge ruled Thursday that a lawsuit against the owners of the Bayview Crematorium, where dozens of families believed their loved ones' remains were mistreated, can be classified as a class-action lawsuit.
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Sign up for: Globe Headlines e-mail Breaking News Alerts About 25 plaintiffs have signed onto the lawsuit. Last year, police said they discovered that remains at the crematorium were mishandled, mislabeled and mistreated."

Law.com - Wal-Mart Hit With $78.5M Verdict in Pa. Break-Time Class Action: "Wal-Mart Hit With $78.5M Verdict in Pa. Break-Time Class Action
Asher Hawkins
The Legal Intelligencer
October 16, 2006
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By and large agreeing with the plaintiffs' suggestions on damages, a Philadelphia jury has awarded nearly $78.5 million to a class of some 186,000 current and former employees of Pennsylvania Wal-Marts who may not have been properly paid for missed rest breaks and off-the-clock work.
The award roughly reflects the total amount asked for by lead class counsel Michael Donovan of Donovan Searles in Philadelphia during his damages-related closing argument Friday morning. In turn, Wal-Mart's lead attorney in Hummel v. Wal-Mart Stores Inc., Neal Manne of Susman Godfrey in Houston, had requested that the jury take into account problems with the plaintiffs' experts' statistical analyses and hand up an award more along the lines of $7 million. "

Judge Orders Merck to Reveal Trial Cost,: "Judge Orders Merck to Reveal Trial Cost,

By THERESA AGOVINO AP Business Writer
� 2006 The Associated Press
NEW YORK � A N.J. judge ordered Merck & Co. on Tuesday to release records on how much it spent on a trial involving its Vioxx painkiller.
The information would provide a window into how much Merck spends on its trials, and what its legal defense costs could be in the future. More than 21,000 suits have been filed against Merck, which has vowed to try each case over Vioxx.
So far, Merck has reserved $970 million for legal costs and spent $285 million of that last year.
Judge Carol Higbee's order stems from a request from plaintiffs' lawyers that Merck pay their legal fees and expenses of roughly $5.6 million for a trial that combined the cases of two men who suffered heart attacks while taking Vioxx. The jury found that Merck committed consumer fraud in its marketing of Vioxx, and that finding allows plaintiffs firms to ask for legal fees.
But Merck balked at the expense level, prompting plaintiffs lawyers to ask how much Merck spent on the trial.
Kent Jarrell, a spokesman for Merck's outside attorneys, said the company's lawyers disagreed with the judge's decision and that they were exploring their options. He said that what defense lawyers spend has no relation to plaintiff lawyers' expenses.
Jarrell added that since the order was made as part of the discovery process, Merck couldn't appeal.
Jarrell also said the lawyers spent the bulk of their time on litigating the issue of whether Vioxx caused the men's heart attacks, not the consumer fraud issue. The jury found that Vioxx caused one plaintiff's heart attack, but not the other's.
Jarrell said the attorneys were only entitled to fees derived from the consumer fraud portion of the "

Newer Stents Pose Dangers, 2 Doctors Say - New York Times: "Newer Stents Pose Dangers, 2 Doctors Say
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By BARNABY J. FEDER
Published: October 12, 2006
More than 2,000 patients are dying needlessly each year from the use of stents, the tiny metal devices that prop open heart arteries, according to an editorial published yesterday by a leading medical society.
The editorial is the latest salvo in a growing debate among doctors about the risks of fatal blood clotting and serious heart attacks associated with the latest generation of stents, which are drug-coated. The devices are sold by Boston Scientific and Johnson & Johnson. The drug coating is meant to reduce inflammation at the site of the stent, in hopes of preventing a recurrence of the arterial blockage that led to the insertion of the device.
The article, published as a guest editorial on the Web site of the American College of Cardiology, said patients faced a lower risk if treated with older, bare-metal stents that might work just as well in many cases.
Stents have become the preferred therapy for millions of Americans a year. And all stents carry some risk of clotting, particularly in the early days and weeks after insertion. The new focus of concern has involved the drug-coated stents and reports of clotting many months or even years after the devices are inserted. "

Firm Must Pay Asbestos Costs - Los Angeles Times

Law.com - Nevada Cancer Patient Reaches Accord With Wyeth in Prempro Case: "Nevada Cancer Patient Reaches Accord With Wyeth in Prempro Case
The Associated Press
October 6, 2006
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Placitella comment: this is an extremely important development in this litigation. Stay tuned for the next round.

The same day a Philadelphia jury ruled that a hormone replacement drug at least partially caused a woman's breast cancer, a Reno woman who is dying of the disease reached an out-of-court settlement with the New Jersey-based drug maker.
Just two days before her trial was to begin, Carol McCreary and Wyeth Pharmaceuticals told Washoe District Judge Robert Perry on Wednesday they have resolved the case. Both sides agreed that the terms of the settlement will remain confidential.
Earlier Wednesday, the Philadelphia jury awarded Jennie Nelson, 66, of Dayton, Ohio, $1 million and her husband $500,000 in compensatory damages. The panel must return to determine whether Wyeth is liable for damages.
Nelson had taken Prempro for five years to treat menopausal symptoms before being diagnosed with breast cancer in 2001.
'Other plaintiffs lawyers will see this as an indication that it's possible to prove causation in a Prempro case, and that will be encouraging to plaintiffs and unwelcome news for Wyeth,' Seton Hall law professor Howard M. Erichson said.
'But ultimately, if Wyeth prevails in the second phase, then Weyeth will be 2-and-0 in the Prempro litigation and that will be the significant news,' he said.
Madison, N.J.-based Wyeth won the first Prempro case last month when a federal jury in Little Rock, Ark., rejected a similar claim filed by a 67-year-old woman there.
About 5,100 women have filed suits over Wyeth hormone drugs Premarin and Prempro, but just a handful are scheduled for trial this year. The Philadelphia case is the second to go to trial. Mc"

Idaho Lab Ties Death of Boy, 2, to Spinach Drink - New York Times: "Idaho Lab Ties Death of Boy, 2, to Spinach Drink
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Placitella comment: the number of food poisoning cases continues to rise. For more information go to food poisoning.com
By LIBBY SANDER
Published: October 6, 2006
The 2-year-old who died of kidney failure set off by E. coli last month ate a spinach blend tainted with the same strain of the bacteria that has sickened nearly 200 people since mid-September, making his the second confirmed death in the outbreak, health officials say.
�It�s not a surprise,� a spokesman for the Idaho Department of Health and Welfare, Ross Mason, said Wednesday of the conclusion that the death of the toddler, Kyle Allgood of Chubbuck, Idaho, on Sept. 20 was linked to the outbreak. �We figured that would be the case.�
Scientists conducted tests since the death at a state laboratory in Boise to determine whether the E. coli strain in Kyle�s system matched the strain that killed an elderly Wisconsin woman and sickened 192 others.
The Federal Centers for Disease Control and Prevention considered Kyle�s death, as well as that of an elderly Maryland woman who died on Sept. 13 after eating fresh spinach, as suspect cases possibly linked to the outbreak. Health officials in Maryland said this week that they had not reached a finding on the woman�s death.
Tests to compare E. coli strains start with stool samples. By the time Kyle�s doctors knew that he had E. coli, the kidney failure had flushed his system so completely that obtaining a sample to test was impossible, Mr. Mason said.
After Kyle died, health officials at the state laboratory in Boise found a small sample that a hospital had taken before he was transferred to Primary Children�s Medical Center in Salt Lake City, where he died, Mr. Mason said. "

Study Says Lab Meltdown Caused Cancer - Los Angeles Times: "Study Says Lab Meltdown Caused Cancer
Scientists say details about the 1959 accident near Simi Valley continue to be withheld. Other contamination at the site is much clearer.
By Amanda Covarrubias, Times Staff Writer
October 6, 2006
Placitella comment: the study reported below could have wide-ranging ramifications for other cases.

Radioactive emissions from a 1959 nuclear accident at a research lab near Simi Valley appear to have been much greater than previously suspected and could have resulted in hundreds of cancers in surrounding communities, according to a study released Thursday.

Chemical contamination from rocket engine testing at the site continues to threaten soil and groundwater in the area around Rocketdyne's Santa Susana Field Laboratory, the study also found.

ADVERTISEMENT
The nuclear meltdown, which remained virtually unknown to the public until 1979, could have caused between 260 and 1,800 cases of cancer 'over a period of many decades,' the study concluded.

But the advisory panel that oversaw the five-year study, conducted by an independent team of scientists and health experts, said it could not offer more specifics about potential exposure to carcinogens because the Department of Energy and Rocketdyne's owner, Boeing Co., did not provide key information.

'This lack of candor � makes characterization of the potential health impacts of past accidents and releases extremely difficult,' the panel concluded.

Boeing officials vigorously disputed the findings, saying the study was based on miscalculations and faulty information.

'We disagree entirely with the report's conclusion,' said Phil Rutherford, a health, safety and radiation manager for the company. He cited a Boeing-commissioned study released last year that found overa"

Cola Raises Women's Osteoporosis Risk - Forbes.com: "Cola Raises Women's Osteoporosis Risk
10.06.06, 12:00 AM ET
FRIDAY, Oct. 6 (HealthDay News) -- Cola may not be so sweet for women's bones, according to new research that suggests the beverage boosts osteoporosis risk.
'Among women, cola beverages were associated with lower bone mineral density,' said lead researcher Katherine Tucker, director of the Epidemiology and Dietary Assessment Program at the Jean Mayer USDA Human Nutrition Research Center on Aging at Tufts University.
There was a pretty clear dose-response, Tucker added. 'Women who drink cola daily had lower bone mineral density than those who drink it only once a week,' she said. 'If you are worried about osteoporosis, it is probably a good idea to switch to another beverage or to limit your cola to occasional use.'
The report was published in the October issue of the American Journal of Clinical Nutrition.
About 55 percent of Americans, mostly women, are at risk for developing osteoporosis, according to the National Osteoporosis Foundation.
In the study, Tucker's team collected data on more than 2,500 participants in the Framingham Osteoporosis Study, averaging just below 60 years of age. The researchers looked at bone mineral density at three different hip sites, as well as the spine.
They found that in women, drinking cola was associated with lower bone mineral density at all three hip sites, regardless of age, menopause, total calcium and vitamin D intake, or smoking or drinking alcohol. Women reported drinking an average of five carbonated drinks a week, four of which were cola."

Texas included in beef recall over E. coli scare: "Texas included in beef recall over E. coli scare

Associated Press
WASHINGTON � An Iowa company is recalling about 5,200 pounds of ground beef products distributed from seven states because they could be contaminated with a dangerous strain of E. coli, the government said Friday.
The meat is suspected of having the same E. coli strain responsible for three deaths in the recent outbreak of contaminated spinach. The government said no illnesses have been reported from consumption of the beef subject to the recall.
Jim's Market and Locker Inc. of Harlan, Iowa, produced the ground beef patties and packages Aug. 31 and Sept. 1, and sent it to distributors in Georgia, Iowa, Massachusetts, Nebraska, New York, Texas and Wisconsin, and to one retail establishment in Iowa, said the U.S. Food Safety and Inspection Service.
Customers who bought the products affected by the voluntary recall should return them to the place of purchase, the service said.
E. coli lives in the intestines of cattle and other animals and typically is linked to contamination by fecal material. It's believed responsible for about 60 deaths and 73,000 infections a year in the United States. The potentially deadly strain can cause bloody diarrhea and dehydration.
The very young, the old and people with compromised immune systems are the most at risk.
The Iowa recall is the first significant one involving ground beef since a Tennessee company recalled some 4,300 pounds in early August, also because of possible E. coli contamination.
Each package in the latest recall bears the establishment number 'Est. 2424' inside the USDA mark of inspection.
These products are recalled:
� 10-pound boxes of 'PACKED FOR: DAVIS MOUNTAIN ORGANIC BEEF, 100% CERTIFIED ORGANIC 3-1 BEEF PATTIES,"

Given the amount of food poisoning cases that are occurring on a large-scale level, a number of new web sites outlining legal rights have now gone online. See for example food poisoning.com

NJ Judge Dismisses 50 Vioxx Suits: "NJ Judge Dismisses 50 Vioxx Suits

The following article is a result of the decision of Judge Higbee dismissing claims on behalf of UK clients. It is expected that a similar ruling may also happen with respect to Canadian clients. The ruling does seek to protect foreign claimants concerning their right to seek compensation in their home countries and allows claims to be refiled should the defendant assert certain kinds of defenses such as stature limitations etc..

By PETER LOFTUS Dow Jones Newswires
� 2006 The Associated Press
PHILADELPHIA � A New Jersey judge has dismissed about 50 Vioxx-related lawsuits against Merck & Co. filed in state court by British citizens, saying the cases should be heard in Britain.
New Jersey Superior Court Judge Carol Higbee also ordered that Merck, of Whitehouse Station, N.J., must take steps to ensure that the plaintiffs can have their cases heard in British courts. If British courts decline to accept them, the drug maker must not prevent the suits from being refiled in New Jersey, the judge ordered.
Higbee's order, which was posted on the court's Web site Thursday, came in response to Merck's motion to dismiss the lawsuits filed by British citizens, arguing Britain was the appropriate forum for their complaints.
'We believe this is the correct ruling,' Ted Mayer, Merck's outside attorney for Vioxx litigation, said in a press release posted on Merck's Web site. 'It makes little sense to try these cases here in New Jersey.'
He added that British courts were more appropriate for the claims because the plaintiffs live in Britain, took Vioxx there, were treated there, and their medical records are in Britain.
A lawyer for the plaintiffs, James Pettit, couldn't be reached Friday.
Merck likely faces at least 22,000 U.S. lawsuits generally claiming the use of the painkiller Vioxx caused heart attacks or other cardiovascular events, and that Merck failed to properly warn of the drug's risks. Merck, which has denied those charges in trials, withdrew Vioxx from the market in September 2004 after a study showed it elevated the risk of cardiovascular events in people taking it for at least 18 months.
Some 14,675 of the Vioxx lawsuits have been"

Tobacco Companies� Request Denied - New York Times: "Tobacco Companies� Request Denied
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By THE ASSOCIATED PRESS
Published: October 4, 2006
A federal judge has denied a request by tobacco companies to continue marketing so-called light and low-tar cigarettes until an appeal is settled in the case. The judge, Gladys Kessler, ruled in August that the cigarette makers had violated racketeering laws and misled the public about the health consequences of smoking. In rejecting the request last week, Judge Kessler wrote, �Loss of market share, if it results from imposing an appropriate remedy to prevent and restrain past violations of the law, may well be the price defendants have to pay.�"

Bayer�s Duplicity on Drug Safety - New York Times: "Editorial
Bayer�s Duplicity on Drug Safety
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Published: October 4, 2006
Bayer A.G.�s limp excuse for withholding data suggesting that a heart-surgery drug is dangerous won�t wash. The failure by the German pharmaceutical giant to inform the Food and Drug Administration of the disquieting results of a large observational study cannot be sloughed off as a mere �mistake on the company�s part.�
Rather, the circumstances suggest that Bayer sought to hide the results of a contractor�s study until some way could be found to discount them. It came clean only when forced to by a whistleblower.
The drug is Trasylol, which has long been used in heart surgery to reduce blood loss and the need for transfusions. Although extensive data seemed to document the drug�s effectiveness and safety, two studies published this year found that it increased the risk of kidney failure, heart attack and stroke.
Even so, an F.D.A. advisory committee, after reviewing extensive data at a public meeting on Sept. 21, overwhelmingly concluded that Trasylol was still acceptably safe and effective for certain patients. The committee had not been told � because Bayer representatives who participated in the meeting kept mum � about the most recent large study the company had sponsored, which raised even more questions about the drug�s safety.
After the fact, a whistleblower, possibly an outside researcher, reportedly called both the F.D.A. and Bayer to force full disclosure. Preliminary results of the suppressed study showed that Trasylol may increase the chance for death, serious kidney disease, congestive heart failure and strokes.
The company says it did not initially disclose this retrospective study of some 67,000 patie"