Packers show off depth in 24-10 win over Vikes


GREEN BAY, Wis. (AP) — Deep on offense and scary-good on defense, the Green Bay Packers were way too much for the Minnesota Vikings.


Maybe everyone else in the NFC, too.


Aaron Rodgers, Charles Woodson and the Packers reminded everyone of how dangerous they can be when they're at full strength Saturday night, overwhelming the Vikings 24-10 in an NFC wild-card game that was never really close.


"Our defense played great," Rodgers said. "Our defense tonight played at a championship level and that's what you need in the playoffs."


John Kuhn scored two touchdowns, DuJuan Harris added another and Rodgers connected with an NFL playoff-record 10 receivers as he threw for 274 yards in his first playoff victory at home. Defensively, the Packers (12-5) finally managed to contain Adrian Peterson and were all over Vikings backup Joe Webb, pressed into service because of Christian Ponder's triceps injury.


Peterson was held to 99 yards — an improvement after gaining 199 and 210 in the first two games against Green Bay. It was only the second time in the last 11 games that he was held below 100 yards. Webb, who hadn't thrown a pass all season, was sacked three times and off target all night. His only highlight was a 50-yard scoring pass to Michael Jenkins late in the fourth quarter, but it was far too late for the Vikings (10-7).


"No disrespect to Ponder, but ... it's about one guy and that's Adrian Peterson," said Woodson, who played his first game since breaking his right collarbone Oct. 21. "Our main focus, whether it was Ponder or Webb, was to keep 28 (Peterson) from getting off. And if we were going to keep him from getting off, put the ball in the quarterback's hands, whatever quarterback it was, we felt good about what was going to happen."


With a little over a minute left, Packers fans began taunting the Vikings (10-7) with chants of "Nah-nah-nah-nah ... goodbye." The win snapped a two-game losing streak at Lambeau Field in the playoffs, and sent the Packers to San Francisco next Saturday for an NFC divisional game with the 49ers. The teams met in the season opener, with San Francisco winning 30-22.


"A lot has happened since we played San Francisco," Packers coach Mike McCarthy said. "We're a different team."


This was the third game in six weeks between Green Bay and the Vikings, and second in six days. The Packers' loss in Minnesota last weekend cost them the No. 2 seed in the NFC, along with a bye this weekend, and left them looking — dare we say it? — vulnerable going into the playoffs. But with Woodson back and Rodgers having all four of his top receivers for, essentially, the first time since Sept. 30, Green Bay looked like a team that could make the kind of deep run it did two years ago when it won the Super Bowl.


Rodgers used so many different options other NFL quarterbacks must have been drooling. He went with Harris on Green Bay's first scoring drive, mixed it up between James Jones, Tom Crabtree and Greg Jennings on the second, and had 22- and 23-yard completions to Jordy Nelson before Kuhn scored on a 3-yard run that put the Packers up 17-3 just before the half.


And pretty much everyone got in on the fun on the last score, a 12-play, 80-yard drive that chewed up more than 5 ½ minutes. Rodgers connected with Jones on a 19-yard completion to put the Packers in Packers territory, then connected with Harris for 14 yards two plays later to reach the red zone. Rodgers threw incompletes on second and third downs, but just when the Packers thought they'd have to settle for a field goal, the Vikings were whistled for 12 men on the field, giving Rodgers another crack at the end zone.


He found Kuhn for the 9-yard score, and the game was all but over.


"That was tough. We were down seven and they went and scored and they were coming out of the half, too, getting the ball, too, and they got it and scored again," Antoine Winfield said. "Can't do that against the Green Bay Packers."


Harris, who didn't play in the first game against Minnesota this season because he'd only been elevated from the practice squad a day earlier, led the team in receiving (five catches for 61 yards) and rushing (47 yards on 17 carries). Jennings and Jones had four catches each and Nelson had three before hobbling off late in the fourth quarter.


"We have some stuff to work on," Rodgers said. "We've got to help our defense out more, close a team out like that. Tough test next week back in San Francisco."


Hey, at least the Packers are still playing. That's more than the Vikings can say.


Ponder was hurt last weekend when Morgan Burnett slammed into him on a blitz. Though initially thought to be an elbow injury, Ponder said it was actually a deep bruise in his right triceps. It limited his flexibility along with his power and, though it is better, there simply wasn't enough time to recover with the short, six-day turnaround.


After testing the arm before the game, the Vikings decided to go with Webb, whose only playing time this year was a couple of handoffs at the end of a blowout of Tennessee in early October.


"I can play with pain. The biggest thing is the loss of flexibility," Ponder said. "I couldn't get the ball in the position to where I could throw it normally and lost a lot of power and everything. It wouldn't have been wise to play."


It was the first time Buffalo's Frank Reich in 1993 a quarterback had started a playoff game after not starting during the regular season, according to STATS Inc. And, in the first series at least, he seemed to have caught the Packers off guard. That or they were too busy trying to bottle up Peterson, who bulldozed them for 409 yards in their first two games, to pay attention.


With what seemed like every Packers defender focused on Peterson, Webb converted a third-and-3 with a 17-yard pickup. His 5-yard run four plays later put the Vikings at the Green Bay 13. But Webb's first pass of the night went into the ground, and the Vikings were forced to settle for Blair Walsh's 33-yard field goal that gave them a 3-0 lead.


But the Packers quickly settled down and Webb and the Vikings never stood a chance. Especially with Peterson not allowed to roam free as he's done against the Packers in the past.


"The energy level was at an all-time high," Woodson said. "This week, like last week, we buzzed around. But this week we made the tackles, we didn't allow (Peterson) to get through the line of scrimmage and get yards after first contact. We just kept putting heat on them. That was the difference."


Notes: With two sacks of Webb, Matthews joined Reggie White as the only Packers to have two or more sacks in two postseason games. ... Minnesota had 157 of its 324 yards in the fourth quarter, when the game was out of hand. ... Kuhn is the only player in the NFL to score a touchdown in each of the last four postseasons. ... Mason Crosby's 20-yard field goal in the second quarter was his sixth straight in the postseason, a Packers record. ... Vikings S Harrison Smith left the game briefly with a left knee injury, but was able to return. Minnesota coach Leslie Frazier said after the game he was fine.


___


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Despite New Health Law, Some See Sharp Rise in Premiums





Health insurance companies across the country are seeking and winning double-digit increases in premiums for some customers, even though one of the biggest objectives of the Obama administration’s health care law was to stem the rapid rise in insurance costs for consumers.







Bob Chamberlin/Los Angeles Times

Dave Jones, the California insurance commissioner, said some insurance companies could raise rates as much as they did before the law was enacted.







Particularly vulnerable to the high rates are small businesses and people who do not have employer-provided insurance and must buy it on their own.


In California, Aetna is proposing rate increases of as much as 22 percent, Anthem Blue Cross 26 percent and Blue Shield of California 20 percent for some of those policy holders, according to the insurers’ filings with the state for 2013. These rate requests are all the more striking after a 39 percent rise sought by Anthem Blue Cross in 2010 helped give impetus to the law, known as the Affordable Care Act, which was passed the same year and will not be fully in effect until 2014.


 In other states, like Florida and Ohio, insurers have been able to raise rates by at least 20 percent for some policy holders. The rate increases can amount to several hundred dollars a month.


The proposed increases compare with about 4 percent for families with employer-based policies.


Under the health care law, regulators are now required to review any request for a rate increase of 10 percent or more; the requests are posted on a federal Web site, healthcare.gov, along with regulators’ evaluations.


The review process not only reveals the sharp disparity in the rates themselves, it also demonstrates the striking difference between places like New York, one of the 37 states where legislatures have given regulators some authority to deny or roll back rates deemed excessive, and California, which is among the states that do not have that ability.


New York, for example, recently used its sweeping powers to hold rate increases for 2013 in the individual and small group markets to under 10 percent. California can review rate requests for technical errors but cannot deny rate increases.


The double-digit requests in some states are being made despite evidence that overall health care costs appear to have slowed in recent years, increasing in the single digits annually as many people put off treatment because of the weak economy. PricewaterhouseCoopers estimates that costs may increase just 7.5 percent next year, well below the rate increases being sought by some insurers. But the companies counter that medical costs for some policy holders are rising much faster than the average, suggesting they are in a sicker population. Federal regulators contend that premiums would be higher still without the law, which also sets limits on profits and administrative costs and provides for rebates if insurers exceed those limits.


Critics, like Dave Jones, the California insurance commissioner and one of two health plan regulators in that state, said that without a federal provision giving all regulators the ability to deny excessive rate increases, some insurance companies can raise rates as much as they did before the law was enacted.


“This is business as usual,” Mr. Jones said. “It’s a huge loophole in the Affordable Care Act,” he said.


While Mr. Jones has not yet weighed in on the insurers’ most recent requests, he is pushing for a state law that will give him that authority. Without legislative action, the state can only question the basis for the high rates, sometimes resulting in the insurer withdrawing or modifying the proposed rate increase.


The California insurers say they have no choice but to raise premiums if their underlying medical costs have increased. “We need these rates to even come reasonably close to covering the expenses of this population,” said Tom Epstein, a spokesman for Blue Shield of California. The insurer is requesting a range of increases, which average about 12 percent for 2013.


Although rates paid by employers are more closely tracked than rates for individuals and small businesses, policy experts say the law has probably kept at least some rates lower than they otherwise would have been.


“There’s no question that review of rates makes a difference, that it results in lower rates paid by consumers and small businesses,” said Larry Levitt, an executive at the Kaiser Family Foundation, which estimated in an October report that rate review was responsible for lowering premiums for one out of every five filings.


Federal officials say the law has resulted in significant savings. “The health care law includes new tools to hold insurers accountable for premium hikes and give rebates to consumers,” said Brian Cook, a spokesman for Medicare, which is helping to oversee the insurance reforms.


“Insurers have already paid $1.1 billion in rebates, and rate review programs have helped save consumers an additional $1 billion in lower premiums,” he said. If insurers collect premiums and do not spend at least 80 cents out of every dollar on care for their customers, the law requires them to refund the excess.


As a result of the review process, federal officials say, rates were reduced, on average, by nearly three percentage points, according to a report issued last September.


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Michael Cronan, Who Gave TiVo and Kindle Their Names, Dies at 61





Michael Cronan, a San Francisco-based graphic designer and marketing executive who placed his stamp on popular culture when he created the brand names TiVo and Kindle, died on Tuesday in Berkeley, Calif. He was 61.




The cause was colon cancer, said his wife, Karin Hibma, with whom he founded the marketing firm Cronan in the early 1980s.


Mr. Cronan, who studied art in college, had many corporations and cultural institutions as clients, but he was most remembered for the pair of brand names he came up with a decade apart.


In the spring of 1997, he was asked to forge a name and an identity for a new device, a digital video recorder developed by a company called Teleworld that offered more sophisticated television recording choices than the videocassette recorder.


“We reviewed probably 1,600-plus name alternatives, seriously considered over 800 names and presented over 100 strong candidates to the team,” Mr. Cronan told Matt Haughey for his blog PVR (the letters stand for personal video recorder) in 2005.


“We spent the early meetings trying to place a cultural context on the product,” he said. Among the possibilities were Bongo and Lasso, which never got far.


Believing that “we were naming the next TV,” Mr. Cronan recalled, “I thought it should be as close as possible to what people would find familiar, so it must contain T and V.”


“I started looking at letter combinations,” he added, “and pretty quickly settled on TiVo.” (The “Vo” portion, he said, had a connection to the Latin and Italian words for vocal sound and voice.) Then came the search for a mascot that Mr. Cronan hoped “would become as recognizable as the mouse ears are to Disney.” He created a TV-shaped smiley character with the name TiVo inscribed on its face, rabbit ears suggesting an early TV set and large, splayed feet. Teleworld changed its name to TiVo Inc.


When Amazon prepared to introduce its first electronic reader in 2007, it turned to Mr. Cronan, who envisioned imagery reflecting the reading experience as an embryonic but rising technology.


Ms. Hibma said in an interview on Friday that in pondering a brand name, Mr. Cronan “wanted to create something small, humble, with no braggadocio,” while choosing an image that “was about starting something, giving birth to something.” He found the name, she said, by likening use of the new e-reader to “starting a fire.”


Michael Patrick Cronan was born on June 9, 1951, in San Francisco. He studied painting at the California College of Arts and Crafts (now California College of the Arts), where he later taught, and received a degree in art from California State University, Sacramento. He was a founder and past president of the San Francisco branch of AIGA, the professional association for design.


Mr. Cronan and his wife expanded their focus in 1992 to create the Walking Man clothing collection, featuring loose-knit tops and pants. Mr. Cronan also designed a pair of 1999 postage stamps, one commemorating the 50th anniversary of NATO and the other promoting prostate cancer awareness, and painted portraits and watercolors.


In addition to his wife, Mr. Cronan is survived by his sons, Shawn HibmaCronan and Nick Cronan; a brother, Christopher; a sister, Patricia Cronan; and a granddaughter.


For all his devotion to marketing and branding, Mr. Cronan felt that sometimes the demands of commerce went too far, as in the often-changing corporate names attached to sports stadiums and concert halls.


“There was a time in American life where going to a sporting event or a concert was sort of magical, because a lot of these places had these fun names,” he told The Denver Post in 2010. “But these days, with the amount of people craving advertising exposure, the sponsors have found a way to sell everything. They’re selling our nostalgia, and it’s sad.”


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Leaders of Sudan and South Sudan in Ethiopia for Talks





KHARTOUM, Sudan — The presidents of Sudan and South Sudan, two nations that have been locked in a tense dispute over borders, territory and oil since the south split off and became its own country 18 months ago, arrived in the Ethiopian capital, Addis Ababa, on Friday for a summit meeting intended to speed up an agreement signed between both sides last September.




Both presidents were scheduled to meet Friday afternoon, but a report by a Sudanese television channel said the summit meeting was postponed, without giving a reason.


The official Sudanese News Agency reported on Friday that a closed meeting was held between President Omar al-Bashir of Sudan, Prime Minister Hailemariam Desalegn of Ethiopia and Thabo Mbeki, chairman of the African Union panel facilitating the talks.


The meeting was to be followed by a similar closed meeting with President Salva Kiir of South Sudan, the news agency said.


In a statement on Thursday, Secretary General Ban Ki-moon of the United Nations welcomed the talks.


“The secretary general encourages both presidents to address decisively all outstanding issues between Sudan and South Sudan regarding security, border demarcation and the final status of the Abyei Area, to urgently activate agreed border security mechanisms, and implement all other agreements signed on 27 September 2012,” the statement by Mr. Ban’s office read.


Secretary of State Hillary Rodham Clinton — along with the Norwegian foreign minister, Espen Barth Eide, and the British foreign secretary, William Hague — issued a joint statement in support of the talks emphasizing the “full implementation of all agreements on their own terms and without preconditions or linkages between them, will help build confidence and benefit the people of the two countries.”


South Sudan became independent from Sudan in July 2011, but a number of issues between both states, including how to share oil wealth, the demarcation of borders and the disputed district of Abyei, remained unresolved.


In January 2011, South Sudan shut down oil production, which flows from oil wells in the south through pipelines and a refinery for export in the north. Both countries nearly came to all out war in April 2012 after the south took brief control of the border town of Heglig in the north.


Under international pressure and the threat of United Nations sanctions, however, both sides signed an agreement in Addis Ababa in September 2012 outlining solutions for unsettled issues.


Carrying out the agreement, however, has gone slowly, with Sudan putting a precondition that South Sudan first end its support for rebels inside Sudanese territory, an accusation South Sudan denies.


The rebels are active in the Sudanese states of Blue Nile state and South Kordofan, which border South Sudan. The rebels also fought alongside the South.


South Sudan accuses Khartoum of carrying out areal bombardments along the border, the last being on Thursday, a day before the scheduled summit meeting.


Faisal Muhammad Salih, a Sudanese columnist, believes that despite what appeared to be a lack of political will and the existence of what he described as “extremists on both sides” who want to derail the implementation of the cooperation agreement, a compromise will be reached at the summit meeting.


“Thabo Mbeki was able to convince the U.N. Security Council to give him more time,” he said. “But if his patience runs out, and the issue returns to the Security Council, that means sanctions for both countries.”


“So I think we will see concessions,” he added.


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Kobe Bryant: I’m on Twitter now






LOS ANGELES (AP) — Kobe Bryant is no longer a holdout. He’s on Twitter.


With five words — “The antisocial has become social” — the Los Angeles Lakers guard sent the first tweet from his account Friday. About 270,000 people followed his verified account, (at)kobebryant, within a few hours and he was up to 365,000 late Friday night as the Lakers played the Clippers.






Bryant tiptoed into the Twitterverse last week when he briefly took over Nike basketball’s account, when he sent out things like a photo of him hanging out with his daughter, an ice bath that he was dreading and even a suit he was wearing to a particular game.


Bryant says those few days made him consider starting his own account, saying he enjoyed connecting with fans “with no filters.”


Heat star LeBron James has 6.8 million followers, the most of any NBA player.


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Manziel, Texas A&M beat Oklahoma 41-13 in Cotton


ARLINGTON, Texas (AP) — Johnny Manziel stretched out both of his arms and ran off the field as if he was flying.


With the Heisman Trophy-winning quarterback known as Johnny Football, Texas A&M certainly is soaring in the SEC.


Manziel tiptoed the sideline for a 23-yard touchdown on the first drive of the Cotton Bowl, the first of his four touchdowns as part of his bowl-record 516 total yards and the Aggies capped their first SEC season with a 41-13 win over 12th-ranked Oklahoma on Friday night.


"To come in and go against a Big 12 rival and do everything we wanted as a team, and send these seniors out with a win, we couldn't feel any better," Manziel said after his first game since becoming the first freshman to win the Heisman.


With first-year coach Kevin Sumlin and their young star quarterback, the Aggies (11-2) broke the SEC record with their 7,261 total yards this season (the first over 7,000 after 633 in Cowboys Stadium). They also averaged more than 40 points a game.


And they capped their debut season with an overwhelming victory in the only postseason game matching teams from those power conferences. It is the Aggies' first 11-win season since 1998, when they won their only Big 12 title.


The chants of "S-E-C!, S-E-C!" began after Manziel's 33-yard TD pass to Ryan Swope with 4 minutes left in the third quarter for a 34-13 lead. They got louder and longer after that.


"I think tonight was really indicative of this season," Sumlin said. "It's one of the teams I thought in the country that truly got better every week."


Texas A&M never trailed while winning its last six games. That included a win at SEC champion Alabama, which plays for the BCS national title Monday night.


Manziel set an FBS bowl record with his 229 yards rushing on 17 carries, and completed 22 of 34 passes for 287 yards.


"Johnny Manziel is everything he was billed to be, expected him to be," said Oklahoma coach Bob Stoops, who after the game shook the quarterback's hand and told him "good job."


SEC teams have won the last five Cotton Bowls, all against Big 12 teams, and nine out of 10. That included Texas A&M's loss to LSU only two years ago.


Oklahoma, led by quarterback Landry Jones in his 50th career start, had 401 total yards.


Jones completed 35 of 48 passes for 278 yards with a touchdown and an interception. He won 39 games and three bowls for the Sooners, in a career that started on the same field in the 2009 season opener when he replaced injured Heisman winner Sam Bradford in the first college game at Cowboys Stadium.


Texas A&M led by only a point at halftime, but scored on its first three drives of the second half — on drives of 91 and 89 yards before Swope's score on a fourth-and-5 play.


Oklahoma (10-3), which like the Aggies entered the game with a five-game winning streak, went three-and-out on its first three drives after halftime.


"In the first half, we played together as a team, limited them, used the clock, scored. That's how you have to play them. In the second half it totally broke down offensively and defensively," Stoops said. "We had guys plenty of times in position to make a play. Couldn't make a play."


Already with a 24-yard gain on an earlier third down on their opening drive, the Aggies had third-and-9 when Manziel rolled to his left and took off. When he juked around a defender and got near the sideline, he tiptoed to stay in bounds and punctuated his score with a high-step over the pylon for a quick lead.


Officials reviewed the touchdown play, but it was clear by the replay shown on the huge video screen above the Cowboys Stadium field that Manziel stayed in bounds.


"There is too much talk about how you perform after the Heisman and about the layoff and all of that," said Manziel, who set an SEC record with 4,600 total yards in the regular season. "There wasn't anything holding us back. No rust, there was no nothing. We played as a unit. ... To go out and win 11 games and do what we've done, is impressive."


Manziel added a 5-yard TD on a bootleg play in the second quarter, and capped the scoring with a 34-yard pass to Uzoma Nwachukwu with 9 minutes left in the game.


The first TD run was Manziel's school-record 20th of the season. He became only the fourth FBS quarterback with 20 TDs rushing and 20 passing in the same season.


The other 20-20 quarterbacks were Auburn's Cam Newton and Florida's Tim Tebow, who like Manziel are Heisman winners from the SEC, and Nevada's Colin Kaepernick.


Oklahoma needed drives of 16 and 18 plays to get a pair of field goals by Michael Hunnicutt (23 and 24 yards). Jones threw a 6-yard TD pass to Justin Brown just before halftime to make it 14-13.


Jones set Cotton Bowl records when he had 23 completions and 30 attempts (for 175 yards) by halftime.


Ben Malena (7 yards) and Trey Williams (30 yards) had the TD runs to cap the long scoring drives in the third quarter for the Aggies.


Manziel was picked off in the second quarter after his bootleg move and a throw that hit Malcome Kennedy in the hands in the end zone and deflected into the air. Javon Harris grabbed the interception.


The Sooners then crossed midfield before Jones had a pass intercepted by Dustin Harris and returned to the Oklahoma 48.


That A&M drive started with a little trickery, Manziel holding the ball down in his left hand while faking a throw with his right hand. He then pitched to Kenric McNeal, who threw a 20-yard pass to Mike Evans. Two plays later, Manziel had his bootleg TD run.


Oklahoma was in the Cotton Bowl for only the second time. It was the first bowl matchup between the former Big 12 rivals, but the 17th consecutive season they have played each other.


The Sooners had won 11 of 13 since Bob Stoops became their coach. That included a 77-0 Oklahoma win in 2003 that was the most-lopsided loss in Texas A&M history.


Sumlin was the A&M offensive coordinator in 2002 when the Aggies upset the top-ranked Sooners. The next year, Sumlin was hired by Stoops as an assistant, and he stayed there five seasons before going to Houston as head coach and then the Aggies.


"Words can't describe how I feel," said Damontre Moore, A&M's leading tackler who has already said he will bypass his senior season for the NFL draft. "I'm just overwhelmed with excitement and joy, just to get such a big win, all the goals that we set for ourselves at the beginning of the season, to see them be accomplished."


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Massachusetts Plans Stricter Control of Compounding Pharmacies





BOSTON — New laws to strengthen state control of compounding pharmacies were proposed on Friday by Gov. Deval Patrick, in hopes of preventing another public health disaster like the current outbreak of meningitis caused by a contaminated drug made in Massachusetts.




The laws will be among the strongest in the country, said Kevin Outterson, a law professor at Boston University and a member of the expert panel that advised the state on how to curb abuses by companies like the New England Compounding Center, the Framingham pharmacy that made the tainted drug responsible for the nationwide meningitis outbreak.


The legislation would establish strict licensing requirements for compounding sterile drugs; let the state assess fines against pharmacies that break its rules; protect whistle-blowers who work in compounding pharmacies; and reorganize the state pharmacy board to include more members who are independent of the industry and fewer who are part of it.


Alec Loftus, a spokesman for the state’s Office of Health and Human Services, said that Mr. Patrick expected the new legislation to be passed quickly.


Daniel Carpenter, a professor of government at Harvard, said the proposed laws seemed sound and comprehensive. But he warned that if other states did not take similar steps, compounding pharmacies engaging in shoddy practices would just move to places with the weakest laws and the least oversight.


“The remaining question is not what Massachusetts is doing or will do, but will there be a minimum level of regulation like this in the rest of the states?” Professor Carpenter said.


The meningitis outbreak, first detected in September, was caused by contaminated batches of a steroid, methylprednisolone acetate, made by the New England Compounding Center. The drug was injected into about 14,000 people’s spinal area to treat back and neck pain.


As of Dec. 28, 656 people in 19 states had become ill with meningitis or other infections, like severe internal abscesses in the area where the drug was injected. Some have had both meningitis and spinal infections. The case count is expected to keep rising. Thirty-nine have died.


The New England Compounding Center was shut down, and inspections found extensive contamination. Investigations uncovered a long history of questionable practices that had drawn warnings from the state and the Food and Drug Administration.


On Dec. 21, the company announced that it had filed for bankruptcy. Numerous lawsuits have been filed against it.


At the heart of the problem have been gaps in regulation that have allowed such companies to avoid both state and federal controls. The company called itself a pharmacy, and pharmacies are generally regulated by states, while large drug companies are regulated federally, by the Food and Drug Administration.


Compounding pharmacies mix their own drug preparations, like skin creams and cough syrups, supposedly for individual patients with special needs. But the New England Compounding Center began to act like a manufacturer, making and shipping large amounts of injectable drugs, for which sterility is essential. No state law required it to obtain a license for this type of large-scale compounding, to follow good manufacturing processes or to let the state know it was shipping all over the country.


Dr. Lauren Smith, interim commissioner of the Massachusetts Department of Public Health, said the company “was a manufacturer in pharmacy clothing.”


Governor Patrick said, “The tragic meningitis outbreak has shown us all that the board’s governing authority has not kept up with an industry that has evolved from corner drugstores to the types of large manufacturers that have been at the center of so much harm.”


Dr. Smith said she thought the most important part of the new legislation was the requirement of a license for sterile compounding. “Now we are going to have the ability to develop specialty licenses that will allow us to track and identify those pharmacies that are engaged in different practices that could potentially put higher numbers of individuals at risk, such as those who engage in sterile compounding,” she said.


Professor Carpenter said a particularly powerful part of the proposal is that it requires licensure for out-of-state pharmacies that ship medication to Massachusetts. The state, he said, is a huge market for injectable drugs.


“Basically, if you think about the large hospitals, the amount of medical care that goes on in the state, it’s in a sense using the purchasing power of the state of Massachusetts to induce changes elsewhere,” he said.


The state has also taken other steps recently to rein in compounding, apart from the new legislation. It began conducting surprise inspections, and has required compounding pharmacies to report how much medication they are shipping and where, so that it can keep tabs on those that begin acting like manufacturers. It also requires the pharmacies to report when they become subjects of regulatory actions by other states or the federal government.


Abby Goodnough reported from Boston, and Denise Grady from New York.



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Europe Likely to Be Harder on Google Over Search





PARIS — By some accounts, the United States let Google off the hook when it found that the technology giant had not abused its dominance in the Internet search market.







Yves Logghe/Associated Press

Joaquín Almunia has vowed to restore competition to the Internet search business in Europe.






Few expect the European antitrust watchdog to be as lenient.


The Federal Trade Commission ruled on Thursday that Google had not broken antitrust laws, after a 19-month inquiry into how it operated its search engine. But the European Commission, which is pursuing claims that the company rigs results to favor its own businesses, operates under a different standard.


The agreement with the American authorities, analysts and competition lawyers say, is unlikely to alter the demands of European regulators, led by the competition commissioner, Joaquín Almunia.


“We have taken note of the F.T.C. decision, but we don’t see that it has any direct implications for our investigation, for our discussions with Google, which are ongoing,” said Michael Jennings, a spokesman for the European Commission in Brussels.


Faced with nearly $4 billion in possible penalties and restrictions on its business in Europe, Google submitted proposals in July to remedy the concerns of the European Commission, which covered four areas. In its deal with the F.T.C., Google made concessions in two of those areas but was not required to do so in the rest.


A Google spokesman, Al Verney, declined to comment on the content of the company’s proposals to Mr. Almunia but said the company would “continue to work cooperatively with the European Commission.”


The Google case underscores a basic difference between the approaches to monopoly power in Europe and the United States. American antitrust regulators tend to focus on whether a company’s dominance harms consumers; the European system seeks to keep competitors in the market. Mr. Almunia has vowed to restore competition to the Internet search business in Europe.


“History shows that competition law is applied to monopoly power more stringently in the E.U. than in the U.S.,” said Jacques Lafitte, head of the competition practice at Avisa Partners, a consultancy in Brussels, who brought one of the original complaints against Google. “Whether the E.U. is right or not is a different question.”


Mr. Lafitte has some expertise in the matter. He is the former head of corporate affairs at Microsoft Europe and watched as that company did battle with regulators over its dominant computer operating system. Microsoft won a lenient settlement with the Justice Department in October 2001, he said, only to be slapped with nearly 1.6 billion euros, or $2.1 billion, in fines and penalties from the European Union from 2004 to 2008.


Google learned from Microsoft’s mistakes. It worked with authorities in both the United States and Europe to reach a deal rather than fight a desperate legal action. That approach appears to have paid off: last month, after a meeting with Eric E. Schmidt, Google’s executive chairman, Mr. Almunia said that the sides had “substantially reduced our differences.”


In its deal with the F.T.C., Google agreed to make concessions in two areas that concerned European regulators. In one, it will allow rivals to opt out of allowing Google to “scrape,” or copy, text from their sites. Google will probably offer the same concession to European authorities.


But in a second area of European concern — whether Google deliberately favors its own content in search results — the F.T.C. did not require changes.


Mr. Almunia has also demanded that Google put fewer restrictions on advertising distribution deals, an area his American counterparts did not explore.


The company will make a detailed set of proposed remedies in January. The European Commission will then allow the complainants to review them in a period of what is known as “market testing.” Antitrust lawyers say a final denouement could arrive by spring, depending on how hostile Google’s rivals are to the proposed remedies.


FairSearch, an alliance of Google rivals, accused the F.T.C. of rushing its decision. It said in a statement that closing the F.T.C. investigation “with only voluntary commitments from Google is disappointing and premature.”


The outcome in Europe may also be affected by Google’s dominance there. Google’s share of the United States search market was 67 percent in November, according to comScore, a digital analytics company, while its share in Europe was 83 percent that month.


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Letter from Europe: Ghetto Survivors Fight for Recognition and Pensions







BERLIN — Uri Chanoch has a gift for plain speaking, which brought a welcome reprieve during a highly technical and legalistic meeting of the German Parliament’s labor and social affairs committee last month.




The federal lawmakers had invited pension experts, lawyers, historians and Holocaust survivors to discuss one of the chapters of World War II that Germany has yet to close: how to pay pensions to Jews who worked voluntarily in the ghettos.


That may seem a strange topic to be discussing so long after 1945. The German government has already compensated Jews who were forced to work in the ghettos. But until 2002, there was no payment system for Jews who chose to work.


“We wanted to work. It meant surviving,” Mr. Chanoch, 84, a board member of the Center of Organizations of Holocaust Survivors in Israel, told the committee.


As a young boy, Mr. Chanoch worked in the ghetto of Kaunas, Lithuania, after the city’s thriving community of 40,000 Jews was rounded up in August 1941. “We got paid for our work. We also paid into the insurance funds,” he said in an interview. “That money is our money.”


Mr. Chanoch was later deported to the Stutthof concentration camp in Poland and then to Dachau. His grandparents, parents and sister were killed in Auschwitz and Stutthof.


“For me and every other ghetto survivor, recognition for the work we did in the ghetto would mean that this aspect of history has also finally been acknowledged and will be taken into account in both compensation and social legislation,” Mr. Chanoch told the committee.


In 2002, the Bundestag, or German Parliament, retroactively passed a law: “German Pensions for Work in the Ghettos.” The Federal Social Court, which is responsible for insurance claims, ruled in 1997 that work carried out in the ghettos could be recognized as employment time under German pension laws.


At the time, the government believed the payments would not be exorbitant. It estimated that about 700 of the ghetto workers would apply for pensions. This was despite the fact that there had been more than 1,150 ghettos, according to Stephan Lehnstaedt, a historian at the German Historical Institute in Warsaw who participated in the committee hearing. The Warsaw ghetto alone held more than half a million Jews.


Once the 2002 law was enacted, 70,000 survivors applied to receive pensions. The pension insurance funds were taken aback because of the costs involved. After assessments, they rejected more than 90 percent of the applications.


The pension insurance funds argued that those who had worked in the ghettos were forced laborers. They were therefore entitled to compensation to be paid by the Finance Ministry, not from the public pension fund.


As for boys barely in their teens, like Mr. Chanoch, they were considered too young to have held proper jobs. “The pension fund experts did not understand the historical conditions of life in the ghetto,” Mr. Lehnstaedt said at the committee hearing.


In 2009, after criticism by Israel and Jewish organizations over the rejection of so many claimants, the German Federal Social Court relaxed the restrictive measures. Rejected cases were reconsidered.


But the court’s ruling did not end the matter. The National Pension Board announced that payments under review would be backdated by four years, the statutory limit, to 2005. Germany’s Federal Social Court backed that position.


In the meantime, thousands of elderly claimants had died, according to the Conference on Jewish Material Claims Against Germany, or Claims Conference. The conference represents world Jewry in negotiating compensation and restitution for victims of Nazi persecution and their heirs.


Jan-Robert von Renesse, one of the German judges who attended the committee hearing, said it was shameful how the pension funds and courts had acted.


“What has been established is that in dealing with the ghetto pension issue, the National Pension Fund misjudged both real and legal conditions of the ghetto — culpably,” he said.


Even after the hearing last month, nothing was decided. The opposition Social Democrats, Green and Left parties said they wanted payments to be backdated to 1997. Chancellor Angela Merkel’s government coalition is more cautious, fearing new legal entanglements and lawsuits. All acknowledged, however, that somehow this ignominious chapter of German history needs to be closed.


On his return to Israel after the hearing, Mr. Chanoch was cautiously optimistic that some compromise could be found.


“All I ask,” he said, “is that we get old gracefully.”


Judy Dempsey is Editor in Chief, Strategic Europe for Carnegie Europe. (www.carnegieeurope.eu)


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