Well: The 'Monday Morning' Medical Screaming Match

I did not think I would ever see another “morbidity and mortality” conference in which senior doctors publicly attacked their younger colleagues for making medical errors. These types of heated meetings were commonplace when I was a medical student but have largely been abandoned.

Yet here they were again on “Monday Mornings,” a new medical drama on the TNT network, based on a novel by Dr. Sanjay Gupta, CNN’s chief medical correspondent and one of the executive producers of the show. Such screaming matches may make for good television, but it is useful to review why new strategies have emerged for dealing with medical mistakes.

So-called M&M conferences emerged in the early 20th century as a way for physicians to review cases that had either surprising outcomes or had somehow gone wrong. Although the format varied among institutions and departments, surgery M&Ms were especially known for their confrontations, as more experienced surgeons often browbeat younger doctors into admitting their errors and promising to never make them again.

Such conferences were generally closed door — that is, attended only by physicians. Errors were a private matter not to be shared with other hospital staff, let alone patients and families.

But in the late 1970s, a sociology graduate student named Charles L. Bosk gained access to the surgery department at the University of Chicago. His resultant 1979 book, “Forgive and Remember,” was one of the earliest public discussions of how the medical profession addressed its mistakes.

Dr. Bosk developed a helpful terminology. Technical and judgment errors by surgeons could be forgiven, but only if they were remembered and subsequently prevented by those who committed them. Normative errors, which called into question the moral character of the culprit, were unacceptable and potentially jeopardized careers.

Although Dr. Bosk’s book was more observational than proscriptive, his depiction of M&M conferences was disturbing. I remember attending a urology M&M as a medical student in which several senior physicians berated a very well-meaning and competent intern for a perceived mistake. The intern seemed to take it very well, but my fellow students and I were shaken by the event, asking how such hostility could be conducive to learning.

There were lots of angry accusations in the surgical M&Ms in the pilot episode of “Monday Mornings.” In one case, a senior doctor excoriated a colleague who had given Tylenol to a woman with hip pain who turned out to have cancer. “You allowed metastatic cancer to run amok for four months!” he screamed.

If this was what Dr. Bosk would have called a judgment error, the next case raised moral issues. A neurosurgeon had operated on a boy’s brain tumor without doing a complete family history, which would have revealed a disorder of blood clotting. The boy bled to death on the operating table. “The boy died,” announced the head surgeon, “because of a doctor’s arrogance.”

In one respect, it is good to see that the doctors in charge were so concerned. But as the study of medical errors expanded in the 1990s, researchers found that the likelihood of being blamed led physicians to conceal their errors. Meanwhile, although doctors who attended such conferences might indeed not make the exact same mistakes that had been discussed, it was far from clear that M&Ms were the best way to address the larger problem of medical errors, which, according to a 1999 study, killed close to 100,000 Americans annually.

Eventually, experts recommended a “systems approach” to medical errors, similar to what had been developed by the airline industry. The idea was to look at the root causes of errors and to devise systems to prevent them. Was there a way, for example, to ensure that the woman with the hip problem would return to medical care when the Tylenol did not help? Or could operations not be allowed to occur until a complete family history was in the chart? Increasingly, hospitals have put in systems, such as preoperative checklists and computer warnings, that successfully prevent medical errors.

Another key component of the systems approach is to reduce the emphasis on blame. Even the best doctors make mistakes. Impugning them publicly — or even privately — can make them clam up. But if errors are seen as resulting from inadequate systems, physicians and other health professionals should be more willing to speak up.

Of course, the systems approach is not perfect. Studies continue to show that physicians conceal their mistakes. And elaborate systems for preventing errors can at times interfere with getting things done in the hospital.

Finally, it is important not to entirely remove the issue of responsibility. Sad to say, there still are physicians who are careless and others who are arrogant. Even if today’s M&M conferences rarely involve screaming, supervising physicians need to let such colleagues know that these types of behaviors are unacceptable.


Barron H. Lerner, M.D., professor of medicine at New York University Langone Medical Center, is the author, most recently, of “One for the Road: Drunk Driving Since 1900.”
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BlackBerry's new phone is off to a good start in Britain and Canada

























































































BlackBerry Z10


The BlackBerry Z10 went on sale in Canada on Tuesday and sales are up more than 50% from previous BlackBerry phone launches.


(Frank Gunn, Associated Press / February 5, 2013)





































































The long-awaited BlackBerry Z10 won't be available in the U.S. until March, but it's already out in other countries and sales are hot, according to the maker.


BlackBerry's Z10 touch-screen smartphone has gotten off to a better start in Britain than any of its previous models, the company said.


To be precise, the Z10 is "selling almost three times better" than previous BlackBerry models have in their first week, according to a Bloomberg report that cites BlackBerry Chief Executive Thorsten Heins as the source.





The Z10 is also doing well in BlackBerry's homeland of Canada, with sales up more than 50% from previous BlackBerry phone launches, Heins said.


That's great news for BlackBerry, which is relying on the Z10 and its new Blackberry 10 operating system to remain relevant in the smartphone market.


But the Z10's big test will come next month when the Z10 makes its debut in the U.S. It will be carried by AT&T, Verizon Wireless and T-Mobile.


None of the companies have given release dates for the phone, but Verizon has said the phone will be available for $200 with a new contract.


salvador.rodriguez@latimes.com






















































































































































































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Boy Scouts postpone decision on admitting gays




























































































A decision on whether the Boy Scouts of America will keep its policy that excludes gay members and leaders will not be voted on until the organization's annual meeting in May.
































































IRVING, Texas -- The Boy Scouts of America decided Wednesday to put off a decision on whether to lift a national ban of gay members and leaders, saying the issue of sexual orientation was too complex and needed more time for study.


The decision to wait came after the organization recently announced that it would consider changing its policies and might allow local chapters to decide whether to admit gays as Scouts and leaders.


“After careful consideration and extensive dialog within the Scouting family, along with comments from those outside the organization, the volunteer officers of the Boy Scouts of America's National Executive Board concluded that due to the complexity of this issue, the organization needs time for a more deliberate review of its membership policy,” Deron Smith, the BSA director of public relations, said in a statement.



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  • Boy Scouts are expected to address gay ban




    Boy Scouts are expected to address gay ban







































  • Boy Scouts' opposition to background checks let pedophiles in




    Boy Scouts' opposition to background checks let pedophiles in







































  • Groups fight over Scouts' ban on gays with a petition and prayer




    Groups fight over Scouts' ban on gays with a petition and prayer



















  • “To that end, the executive board directed its committees to further engage representatives of Scouting’s membership and listen to their perspectives and concerns. This will assist the officers’ work on a resolution on membership standards,” he stated.


    The approximately 1,400 voting members of the national council will take action on the resolution at the national meeting in May in Grapevine, Texas, he said.


    It was the Scouts that put the issue back on the agenda for the current executive board meeting, held in its headquarters in Irving. But the move also came amid declining membership, questions by corporate sponsors and public pressure from activists who oppose the current national ban.


    “Today the Boy Scouts of America have chosen to remain irrelevant by delaying the vote,” said James Dale, who was expelled from the Scouts in 1990 for being openly gay. “For over 23 years, since I was expelled from the Scouts, I have held out hope that the Boy Scouts would end their discriminatory policy. With each passing day the Scouts will continue to lose members, sponsors and funding. No parent or child should associate with an organization that sends a toxic message telling children they are immoral if they are gay.”


    GLAAD, the nation's lesbian, gay, bisexual and transgender advocacy group, condemned the decision to wait.


    “An organization that serves youth and chooses to intentionally hurt dedicated young people and hard-working parents not only flies in the face of American principles, but the principles of being a Boy Scout,” GLAAD President Herndon Graddick stated.


    “The Boy Scouts of America is choosing to ignore the cries of millions, including religious institutions, current Scouting families, and corporate sponsors, but these cries will not be silenced. We're living in a culture where hurting young gay people because of who they are is unpopular and discriminatory. They had the chance to end the pain this ban has caused to young people and parents; they chose to extend the pain.”


    Those seeking to keep the ban were also vocal. A majority of the Boy Scout organizations are sponsored by local churches, many of which have religious objections to homosexuals.


    About 100 people gathered outside Boy Scouts headquarters in suburban Dallas carrying signs that said “Save our boys from homosexual acts;” “God votes no gays” and “Don't invite sin into the camp.”


    Texas Values, a conservative group that organized a prayer vigil this week in support of keeping gays out of the Scouts, said the Scouts organization was right to delay a decision.


    “It's a temporary victory,” Jonathan Saenz said of Wednesday's vote. “Good for them -- they're obviously listening. We are encouraged and we're glad they're going to delay the decision. When you deal with such fundamental principles, it's not something you want to tinker with overnight.”


    Robert Davis, 48, of Benbrook, Texas, wore his Longhorn Council Scouting uniform and brought his two sons to the protest Wednesday.


    “I think it's a good sign,” he said of the organization’s vote. “The Boy Scouts of America is one of the last moral high grounds in this country. I hate to see it die.”


    Among politicians, both President Obama and Texas Gov. Rick Perry have been part of the debate.


    “My attitude is that gays and lesbians should have access and opportunity the same way everybody else does in every institution and walk of life,” said Obama, who as U.S. president is the honorary president of BSA, in a Sunday interview with CBS.


    Perry, the author of the book “On My Honor: Why the American Values of the Boy Scouts Are Worth Fighting For,” said in a speech Saturday that “to have popular culture impact 100 years of their standards is inappropriate.”


    ALSO:


    Gov. Christie eats a doughnut with Letterman


    Police: Concealed-carry coach who killed student is a 'victim'


    Florida judge denies request to postpone George Zimmerman trial





    Read More..

    Chris Brown returns to court for probation issues


    LOS ANGELES (AP) — Chris Brown, accompanied by Rihanna, briefly returned to court Wednesday to face allegations he failed to complete his community labor sentence for Rihanna's 2009 beating, but the judge asked for more information and scheduled another hearing in two months.


    Rihanna blew Brown a kiss as he entered the courtroom, and they left together after the short proceeding in which Superior Court Judge James Brandlin set the next hearing for April 5.


    Prosecutors alleged this week that investigators could not find credible evidence he completed his community labor.


    A motion filed Tuesday also raised for the first time in Brown's felony assault case several incidents that prosecutors said demonstrate Brown has ongoing anger management issues.


    Brandlin noted during the brief session that a prosecution filing did not request revocation of Brown's probation and he, therefore, would not revoke it.


    They cited a Jan. 27 fight between Brown and fellow R&B star Frank Ocean, and a 2011 outburst in which Brown threw a chair through a window after he was asked about the Rihanna attack on "Good Morning America."


    The filing represents a dramatic shift in the case against Brown, who was repeatedly praised by the judge overseeing his case for his completion of domestic violence courses and his community service work in his home state of Virginia. That changed in September, when prosecutors raised concerns about Brown's community service after he logged 701 hours in seven months — an amount that had previously taken him more than two years to achieve.


    Los Angeles investigators traveled to Richmond, Va., to investigate Brown's service, which was only described in broad strokes by Richmond Police Chief Bryan Norwood, who was overseeing the singer's community labor.


    "This inquiry provided no credible, competent or verifiable evidence that defendant Brown performed his community labor as presented to this court," Deputy District Attorney Mary Murray wrote.


    Brown's attorney Mark Geragos blasted the court filing, saying the prosecutor ignored interviews "where sworn peace officers stated unequivocally that Mr. Brown was supervised and did all of the community service."


    "I plan on asking for sanctions from the DA's office for filing in frivolous, scurrilous and frankly defamatory motion," he said Tuesday.


    It will be up to a new judge to evaluate the prosecutor's allegations; Brown's case was transferred to Brandlin after a recent shuffling of judicial assignments.


    After pleading guilty to the Rihanna attack, Brown was given permission to serve 180 days of community labor in his home state of Virginia, but only as long as he performed manual labor such as graffiti removal and roadside cleanup.


    Given problems with documentation and statements from some witnesses who contradict Brown's claims of work, prosecutors asked Brandlin to order Brown to repeat his service in Los Angeles.


    Brown spent one-third of the hours he logged in Virginia working night shifts at a day care center in rural Virginia where his mother once served as director and where the singer spent time as a child.


    A detective who checked on Brown's work nine times at the Tappahannock Children's Center found the singer, his mother and a bodyguard at the center on each visit.


    The records said Brown waxed floors or performed "general cleaning" at the center.


    A professional floor cleaner contracted to work at the daycare center told investigators he had been cleaning the floors during the months Brown reported working at the facility.


    "Claims that the defendant cleaned, stripped and waxed floors at that location have been credibly contradicted," prosecutors said in the filing.


    Brown's mother, Joyce Hawkins, no longer had a formal role at day care center but had her own set of keys and coordinated her son's work at the facility, prosecutors said.


    Murray stated in her filing that Norwood's report on Brown's service was "at best sloppy documentation and at worst fraudulent reporting."


    Richmond police spokesman Gene Lepley declined to discuss the allegations.


    "We believe it would inappropriate to comment on a matter that's before the court," Lepley said.


    According to the motion, officials with Virginia's probation office told investigators that Brown's arrangement to be supervised by Norwood was "extremely unusual" and had not been approved by the agency. No one from Virginia's probation department oversaw Brown's hours, prosecutors said.


    The motion noted that the only records the department has to indicate Brown was supervised were officers' overtime sheets. Five of 21 days that officers logged overtime for Brown were spent providing security for the singer's concerts.


    The allegations are the latest pre-Grammy controversy for Brown, who was arrested shortly after the 2009 ceremony for his attack on Rihanna. He has since returned to the awards show by performing and winning an award in 2011 for his album "F.A.M.E."


    Brown and Ocean are competing against one other for the Best Urban Contemporary Album category at Sunday's Grammys.


    ___


    AP writers Anthony McCartney and Ryan Pearson contributed to this report.


    Read More..

    Personal Health: Effective Addiction Treatment

    Countless people addicted to drugs, alcohol or both have managed to get clean and stay clean with the help of organizations like Alcoholics Anonymous or the thousands of residential and outpatient clinics devoted to treating addiction.

    But if you have failed one or more times to achieve lasting sobriety after rehab, perhaps after spending tens of thousands of dollars, you’re not alone. And chances are, it’s not your fault.

    Of the 23.5 million teenagers and adults addicted to alcohol or drugs, only about 1 in 10 gets treatment, which too often fails to keep them drug-free. Many of these programs fail to use proven methods to deal with the factors that underlie addiction and set off relapse.

    According to recent examinations of treatment programs, most are rooted in outdated methods rather than newer approaches shown in scientific studies to be more effective in helping people achieve and maintain addiction-free lives. People typically do more research when shopping for a new car than when seeking treatment for addiction.

    A groundbreaking report published last year by the National Center on Addiction and Substance Abuse at Columbia University concluded that “the vast majority of people in need of addiction treatment do not receive anything that approximates evidence-based care.” The report added, “Only a small fraction of individuals receive interventions or treatment consistent with scientific knowledge about what works.”

    The Columbia report found that most addiction treatment providers are not medical professionals and are not equipped with the knowledge, skills or credentials needed to provide the full range of evidence-based services, including medication and psychosocial therapy. The authors suggested that such insufficient care could be considered “a form of medical malpractice.”

    The failings of many treatment programs — and the comprehensive therapies that have been scientifically validated but remain vastly underused — are described in an eye-opening new book, “Inside Rehab,” by Anne M. Fletcher, a science writer whose previous books include the highly acclaimed “Sober for Good.”

    “There are exceptions, but of the many thousands of treatment programs out there, most use exactly the same kind of treatment you would have received in 1950, not modern scientific approaches,” A. Thomas McLellan, co-founder of the Treatment Research Institute in Philadelphia, told Ms. Fletcher.

    Ms. Fletcher’s book, replete with the experiences of treated addicts, offers myriad suggestions to help patients find addiction treatments with the highest probability of success.

    Often, Ms. Fletcher found, low-cost, publicly funded clinics have better-qualified therapists and better outcomes than the high-end residential centers typically used by celebrities like Britney Spears and Lindsay Lohan. Indeed, their revolving-door experiences with treatment helped prompt Ms. Fletcher’s exhaustive exploration in the first place.

    In an interview, Ms. Fletcher said she wanted to inform consumers “about science-based practices that should form the basis of addiction treatment” and explode some of the myths surrounding it.

    One such myth is the belief that most addicts need to go to a rehab center.

    “The truth is that most people recover (1) completely on their own, (2) by attending self-help groups, and/or (3) by seeing a counselor or therapist individually,” she wrote.

    Contrary to the 30-day stint typical of inpatient rehab, “people with serious substance abuse disorders commonly require care for months or even years,” she wrote. “The short-term fix mentality partially explains why so many people go back to their old habits.”

    Dr. Mark Willenbring, a former director of treatment and recovery research at the National Institute for Alcohol Abuse and Alcoholism, said in an interview, “You don’t treat a chronic illness for four weeks and then send the patient to a support group. People with a chronic form of addiction need multimodal treatment that is individualized and offered continuously or intermittently for as long as they need it.”

    Dr. Willenbring now practices in St. Paul, where he is creating a clinic called Alltyr “to serve as a model to demonstrate what comprehensive 21st century treatment should look like.”

    “While some people are helped by one intensive round of treatment, the majority of addicts continue to need services,” Dr. Willenbring said. He cited the case of a 43-year-old woman “who has been in and out of rehab 42 times” because she never got the full range of medical and support services she needed.

    Dr. Willenbring is especially distressed about patients who are treated for opioid addiction, then relapse in part because they are not given maintenance therapy with the drug Suboxone.

    “We have some pretty good drugs to help people with addiction problems, but doctors don’t know how to use them,” he said. “The 12-step community doesn’t want to use relapse-prevention medication because they view it as a crutch.”

    Before committing to a treatment program, Ms. Fletcher urges prospective clients or their families to do their homework. The first step, she said, is to get an independent assessment of the need for treatment, as well as the kind of treatment needed, by an expert who is not affiliated with the program you are considering.

    Check on the credentials of the program’s personnel, who should have “at least a master’s degree,” Ms. Fletcher said. If the therapist is a physician, he or she should be certified by the American Board of Addiction Medicine.

    Does the facility’s approach to treatment fit with your beliefs and values? If a 12-step program like A.A. is not right for you, don’t choose it just because it’s the best known approach.

    Meet with the therapist who will treat you and ask what your treatment plan will be. “It should be more than movies, lectures or three-hour classes three times a week,” Ms. Fletcher said. “You should be treated by a licensed addiction counselor who will see you one-on-one. Treatment should be individualized. One size does not fit all.”

    Find out if you will receive therapy for any underlying condition, like depression, or a social problem that could sabotage recovery. The National Institute on Drug Abuse states in its Principles of Drug Addiction Treatment, “To be effective, treatment must address the individual’s drug abuse and any associated medical, psychological, social, vocational, and legal problems.”

    Look for programs using research-validated techniques, like cognitive behavioral therapy, which helps addicts recognize what prompts them to use drugs or alcohol, and learn to redirect their thoughts and reactions away from the abused substance.

    Other validated treatment methods include Community Reinforcement and Family Training, or Craft, an approach developed by Robert J. Meyers and described in his book, “Get Your Loved One Sober,” with co-author Brenda L. Wolfe. It helps addicts adopt a lifestyle more rewarding than one filled with drugs and alcohol.

    This is the first of two articles on addiction treatment.

    Read More..

    Crimes against tourists are latest blow to Mexico tourism




























































































    Police say five masked and armed men broke into a bungalow and raped six Spanish tourists.






























































    Despite past assurances that tourists are safe in their country, Mexican tourism officials are again faced with trying to explain away another report of crime against foreign visitors.


    The latest incident took place in the resort town of Acapulco, where six Spanish tourists on vacation were raped Sunday by masked gunmen.


    Unlike many crimes involving drug violence in the country's interior states, the rapes took place near the beach, where the tourists were renting bungalows near four-star hotels.



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  • The fastest roller coaster and other record-setting thrill rides





    Photos: The fastest roller coaster and other record-setting thrill rides






































  • Ships of doom: Some of history's worst shipwrecks





    Photos: Ships of doom: Some of history's worst shipwrecks






































  • TSA finds weapons in the strangest places





    Photos: TSA finds weapons in the strangest places


















  • Mexico's secretary of tourism issued a statement expressing sympathy for the tourists and said local authorities would investigate the crime.


    Crime tied to drug violence has reduced the number of tourists from the U.S. to Mexico in recent years but Mexican tourism officials have responded by targeting travelers from countries such as Russia, Brazil, Peru and Colombia.


    Despite the violence, Mexico predicts it will host 24.7 million foreign visitors in 2012, surpassing last year's record of 23.4 million.


    But the latest crime report will only make it harder for Mexico to shrug off the incidents of crime in tourist towns as isolated and rare, experts say.


    "It doesn't matter if Mexico is safe or not because the perception is they are not," said Carl Winston, director of the school of hospitality and tourism at San Diego State University.


    But some travel agents say they have not seen a drop off in tourists from the U.S. booking trips to Mexico.


    Coastline Travel Advisors in Garden Grove is in the process of booking a group of 30 people to visit Loreto in Baja California.


    "We haven't had anyone afraid to visit Mexico or ask if it is safe," said Kate Malczynski, a spokeswoman for the company. "Our agents know what is best and what areas are safe."


    ALSO:


    Mexico tourism grows thanks to non-U.S. visitors


    Texas warns students on spring break to avoid Mexico


    22 Carnival Splendor cruise ship passengers robbed in Mexico


    Follow Hugo Martin on Twitter at @hugomartin



    Read More..

    L.A. Archdiocese considering $200-million fund-raising campaign



























































































































    In the midst of renewed public outrage over its handling of priest molestation cases, the Los Angeles Archdiocese is considering a $200-million fund-raising campaign.


    The archdiocese has hired a New York company, Guidance in Giving, to study the feasibility of a capital campaign that would shore up the church’s finances.


    The archdiocese is $80 million in debt, according to a recent church financial report. In 2007, the archdiocese agreed to a record $600-million settlement with more than 500 alleged victims of priest abuse.





































































































































































































    Comments are filtered for language and registration is required. The Times makes no guarantee of comments' factual accuracy. Readers may report inappropriate comments by clicking the Report Abuse link next to a comment. Here are the full legal terms you agree to by using this comment form.












































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    Prosecutors move to revoke Chris Brown's probation


    LOS ANGELES (AP) — Prosecutors have asked a judge to revoke Chris Brown's probation, saying there is no credible evidence he completed his community service sentence for beating Rihanna, and citing several other incidents that they say point to anger management issues.


    The motion filed Tuesday by the Los Angeles County district attorney's office focuses heavily on issues with Brown's community labor in Virginia, citing numerous discrepancies and claiming the R&B singer essentially was unsupervised.


    Brown's attorney Mark Geragos blasted the filing, telling The Associated Press that it was frivolous and defamatory and he planned to seek sanctions against prosecutors.


    The prosecution's motion also notes several incidents in which Brown has lost his temper, including throwing a chair through a window after a "Good Morning America" interview in which he was asked about his beating of Rihanna on the eve of the 2009 Grammy Awards. The report also cites Brown's Jan. 27 fight with R&B singer Frank Ocean, including Ocean's claim that Brown threatened to shoot him in the brawl over a parking space.


    Sheriff's officials have said they are unlikely to seek charges against Brown for the recent fight with Ocean, since Ocean has posted online that he does not intend to seek criminal or civil penalties. Ocean told investigators that Brown shouted that he and his entourage "can bust on you too," which authorities wrote was a street slang term for shooting someone.


    Brown is due in court Wednesday for a probation hearing.


    "The motion filed by the DA's office is shameful and a disgrace," Geragos said. "In essence, it calls everyone a liar in the Richmond Police Department and the Virginia Probation Department."


    He claimed prosecutors ignored interviews "where sworn peace officers stated unequivocally that Mr. Brown was supervised and did all of the community service."


    "I plan on asking for sanctions from the DA's office for filing in frivolous, scurrilous and frankly defamatory motion," he said. A spokeswoman for the district attorney's office declined to comment on Geragos' statements.


    Brown's time serving community service in Virginia has been under scrutiny for months, and Tuesday's motion asked a judge to order the singer to repeat his entire 180-day service sentence in Los Angeles. Brown had been given permission to perform cleanup and manual labor duties in Virginia, but LA prosecution investigators found no evidence that he completed his work as ordered.


    Richmond, Va., Police Chief Bryan Norwood was supposed to be supervising Brown and submitted paperwork last year indicating the singer had completed his sentence. But prosecutors cite numerous shortcomings and possible misstatements in those records, which show the singer performing double shifts in the city and at a day care center where his mother once worked.


    "This inquiry provided no credible, competent or verifiable evidence that defendant Brown performed his community labor as presented to this court," Deputy District Attorney Mary Murray wrote.


    The records submitted by Norwood are "at best sloppy documentation and at worst fraudulent reporting."


    Richmond police spokesman Gene Lepley declined to discuss the allegations.


    "We believe it would inappropriate to comment on a matter that's before the court," Lepley said.


    According to the motion, officials with Virginia's probation office told investigators that Brown's arrangement to be supervised by Norwood was "extremely unusual" and had not been approved by the agency. No one from Virginia's probation department oversaw Brown's hours, the filing states.


    The motion notes that the only records the department has to indicate Brown was supervised were officers' overtime sheets. Five of 21 days that officers logged overtime for Brown were spent providing security for the singer's concerts.


    One-third of Brown's hours were logged at a daycare center where the singer spent time as a child and where his mother once served as director, an analysis performed by The Associated Press in September showed.


    The center is an hour's drive from Richmond, and the prosecution motion says a detective checked on Brown on only nine occasions when he was working there. Each time, the singer was found at the center, accompanied by his mother and a bodyguard but no law enforcement personnel.


    The hours Brown recorded as working at the center were done overnight when children were not present. Some of the records stated Brown waxed floors or did "general cleaning."


    "Claims that the defendant cleaned, stripped and waxed floors at that location have been credibly contradicted," the prosecution motion states. A professional floor cleaner contracted to work at the daycare center told investigators he had been cleaning the floors throughout the months Brown reported working at the facility.


    Brown's mother, Joyce Hawkins, no longer had a formal role at the Tappahannock Children's Center but had her own set of keys and coordinated her son's work at the facility, the motion states.


    The filing also alleges Brown violated his probation with several violent outbursts that haven't resulted in arrests or charges. In addition to the fight between Brown and Ocean, the motion cites a 2012 incident in Miami in which Brown was accused of taking a woman's cellphone and the March 2011 incident in which Brown threw a chair through a window after appearing on "Good Morning America."


    Brown and Ocean are both nominated for the Best Urban Contemporary Album category at Sunday's Grammys. Ocean, who has said his first love was a man, told authorities that someone may have shouted a gay slur during the fight, but he wasn't sure.


    Ocean suffered cuts on his right index finger and minor cuts to his left temple.


    ___


    Anthony McCartney can be reached at http://twitter.com/mccartneyAP .


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    Well: Warning Too Late for Some Babies

    Six weeks after Jack Mahoney was born prematurely on Feb. 3, 2011, the neonatal staff at WakeMed Hospital in Raleigh, N.C., noticed that his heart rate slowed slightly when he ate. They figured he was having difficulty feeding, and they added a thickener to help.

    When Jack was discharged, his parents were given the thickener, SimplyThick, to mix into his formula. Two weeks later, Jack was back in the hospital, with a swollen belly and in inconsolable pain. By then, most of his small intestine had stopped working. He died soon after, at 66 days old.

    A month later, the Food and Drug Administration issued a caution that SimplyThick should not be fed to premature infants because it may cause necrotizing enterocolitis, or NEC, a life-threatening condition that damages intestinal tissue.


    Catherine Saint Louis speaks about using SimplyThick in premature infants.



    Experts do not know how the product may be linked to the condition, but Jack is not the only child to die after receiving SimplyThick. An F.D.A. investigation of 84 cases, published in The Journal of Pediatrics in 2012, found a “distinct illness pattern” in 22 instances that suggested a possible link between SimplyThick and NEC. Seven deaths were cited; 14 infants required surgery.

    Last September, after more adverse events were reported, the F.D.A. warned that the thickener should not be given to any infants. But the fact that SimplyThick was widely used at all in neonatal intensive care units has spawned a spate of lawsuits and raised questions about regulatory oversight of food additives for infants.

    SimplyThick is made from xanthan gum, a widely-used food additive on the F.D.A.’s list of substances “generally recognized as safe.” SimplyThick is classified as a food and the F.D.A. did not assess it for safety.

    John Holahan, president of SimplyThick, which is based in St. Louis, acknowledged that the company marketed the product to speech language pathologists who in turn recommended it to infants. The patent touted its effectiveness in breast milk.

    However, Mr. Holahan said, “There was no need to conduct studies, as the use of thickeners overall was already well established. In addition, the safety of xanthan gum was already well established.”

    Since 2001, SimplyThick has been widely used by adults with swallowing difficulties. A liquid thickened to about the consistency of honey allows the drinker more time to close his airway and prevent aspiration.

    Doctors in newborn intensive care units often ask non-physician colleagues like speech pathologists to determine whether an infant has a swallowing problem. And those auxiliary feeding specialists often recommended SimplyThick for neonates with swallowing troubles or acid reflux.

    The thickener became popular because it was easy to mix, could be used with breast milk, and maintained its consistency, unlike alternatives like rice cereal.

    “It was word of mouth, then neonatologists got used to using it. It became adopted,” said Dr. Steven Abrams, a neonatologist at Texas Children’s Hospital in Houston. “At any given time, several babies in our nursery — and in any neonatal unit — would be on it.”

    But in early 2011, Dr. Benson Silverman, the director of the F.D.A.’s infant formula section, was alerted to an online forum where doctors had reported 15 cases of NEC among infants given SimplyThick. The agency issued its first warning about its use in babies that May. “We can only do something with the information we are provided with,” he said. “If information is not provided, how would we know?”

    Most infants who took SimplyThick did not fall ill, and NEC is not uncommon in premature infants. But most who develop NEC do so while still in the hospital. Some premature infants given SimplyThick developed NEC later than usual, a few after they went home, a pattern the F.D.A. found unusually worrisome.

    Even now it is not known how the thickener might have contributed to the infant deaths. One possibility is that xanthan gum itself is not suitable for the fragile digestive systems of newborns. The intestines of premature babies are “much more likely to have bacterial overgrowth” than adults’, said Dr. Jeffrey Pietz, the chief of newborn medicine at Children’s Hospital Central California in Madera.

    “You try not to put anything in a baby’s intestine that’s not natural.” If you do, he added, “you’ve got to have a good reason.”

    A second possibility is that batches of the thickener were contaminated with harmful bacteria. In late May 2011, the F.D.A. inspected the plants that make SimplyThick and found violations at one in Stone Mountain, Ga., including a failure to “thermally process” the product to destroy bacteria of a “public health significance.”

    The company, Thermo Pac, voluntarily withdrew certain batches. But it appears some children may have ingested potentially contaminated batches.

    The parents of Jaden Santos, a preemie who died of NEC while on SimplyThick, still have unused packets of recalled lots, according to their lawyer, Joe Taraska.

    The authors of the F.D.A. report theorized that the infants’ intestinal membranes could have been damaged by bacteria breaking down the xanthan gum into too many toxic byproducts.

    Dr. Qing Yang, a neonatologist at Wake Forest University, is a co-author of a case series in the Journal of Perinatology about three premature infants who took SimplyThick, developed NEC and were treated. The paper speculates that NEC was “most likely caused by the stimulation of the immature gut by xanthan gum.”

    Dr. Yang said she only belatedly realized “there’s a lack of data” on xanthan gum’s use in preemies. “The lesson I learned is not to be totally dependent on the speech pathologist.”

    Julie Mueller’s daughter Addison was born full-term and given SimplyThick after a swallow test showed she was at risk of choking. It was recommended by a speech pathologist at the hospital.

    Less than a month later, Addison was dead with multiple holes in her small intestine. “It was a nightmare,” said Ms. Mueller, who has filed a lawsuit against SimplyThick. “I was astounded how a hospital and manufacturer was gearing this toward newborns when they never had to prove it would be safe for them. Basically we just did a research trial for the manufacturer.”

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    California accuses S&P of deception in $4-billion lawsuit









    California has filed suit against Wall Street's biggest credit rating agency, Standard & Poor’s, charging the firm with violating the state's False Claims Act by using “magic numbers” and “guesses” to inflate ratings that ultimately cost California public pension funds an estimated $1 billion.


    The action was filed Tuesday in San Francisco Superior Court and came a day after federal prosecutors filed suit against the bond-rating agency, alleging that S&P gave top marks to troubled mortgage-backed securities that later failed, helping to trigger the financial crisis.


    Document: U.S. Sues Standard & Poor’s over mortgage bond ratings





    California will seek $4 billion in damages after S&P’s ratings cost state pension funds what it estimates are about $1 billion in losses. The state can seek triple damages, along with penalties, under the False Claims Act.


    “Those who lost homes in California were first-grade teachers, firefighters ... we talk about the impact of S&P’s conduct, it’s profound,” Atty. Gen. Kamala D. Harris told the Times in Washington after a news conference there announcing the federal and state suits. “They pretended to be an independent agency and we believe the evidence is clear it was quite the contrary.”


    The barrage of state and federal actions signal an aggressive new push against one of the mortgage crisis’ key actors. The California action is the first use of its False Claims Act by Harris to pursue a major player in the mortgage meltdown. Harris in 2011 created a mortgage fraud strike force to pursue investigations related to the housing crisis and said she would use her powers under the act to pursue securities cases.


    Under the state law, which makes it a crime to defraud the state, damages of up to three times the amount of the claim can be awarded if the victim was an institutional investor, such as one of the state's pension funds. In particular, the California Public Employees' Retirement System and the California State Teachers' Retirement System invested heavily in mortgage-backed securities and other financial instruments rated by S&P during the boom years.


    S&P, which is a unit of publisher McGraw Hill, on Tuesday denounced the state and federal actions.


    “The [U.S. Department of Justice] and some states have filed meritless civil lawsuits against S&P," the company said in a statement. "We will vigorously defend S&P against these unwarranted claims.  S&P has always been committed to serving the interests of investors and all market participants by providing independent opinions on creditworthiness based on available information."


    The California suit alleges that investors relied on S&P to rate securities because these big investors had access to only general descriptions of the mortgages and other investments backing these securities. Institutional investors relied on S&P because they were required to purchase investments that got a “AAA” rating, meaning they were highly sound and bore little risk.


    While S&P has tried in other cases to argue that it was protected under the 1st Amendment to state an opinion about certain financial products, that argument may not hold up if federal or state investigators are able to prove that the ratings agency knowingly gave improper evaluations, said Kurt Eggert, a Chapman University law professor.


    “I am not sure that defense will hold if California or the feds can prove that they knowingly did not provide effective ratings,” Eggert said. “If the feds and the states can show that the ratings agencies knowingly diverged from their system in order to make money, the 1st Amendment defense might crumble.”


    The California suit alleges that, from 2004 to 2007, S&P misrepresented to the state pension funds that its ratings were not influenced by economic interests and were based solely on objective analysis. Instead, the company lowered its standards to make money, the suit alleges, and suppressed efforts to develop more accurate models.


    ALSO:


    Justice Department sues S&P over mortgage bond ratings


    Boeing asks FAA for OK to begin 787 Dreamliner test flights


    California sues BP and Arco, alleges violations at gas stations


    Times staff writer Jim Puzzanghera in Washington contributed to this report.





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