The New Old Age: Murray Span, 1922-2012

One consequence of our elders’ extended lifespans is that we half expect them to keep chugging along forever. My father, a busy yoga practitioner and blackjack player, celebrated his 90th birthday in September in reasonably good health.

So when I had the sad task of letting people know that Murray Span died on Dec. 8, after just a few days’ illness, the primary response was disbelief. “No! I just talked to him Tuesday! He was fine!”

And he was. We’d gone out for lunch on Saturday, our usual routine, and he demolished a whole stack of blueberry pancakes.

But on Wednesday, he called to say he had bad abdominal pain and had hardly slept. The nurses at his facility were on the case; his geriatrician prescribed a clear liquid diet.

Like many in his generation, my dad tended towards stoicism. When he said, the following morning, “the pain is terrible,” that meant agony. I drove over.

His doctor shared our preference for conservative treatment. For patients at advanced ages, hospitals and emergency rooms can become perilous places. My dad had come through a July heart attack in good shape, but he had also signed a do-not-resuscitate order. He saw evidence all around him that eventually the body fails and life can become a torturous series of health crises and hospitalizations from which one never truly rebounds.

So over the next two days we tried to relieve his pain at home. He had abdominal x-rays that showed some kind of obstruction. He tried laxatives and enemas and Tylenol, to no effect. He couldn’t sleep.

On Friday, we agreed to go to the emergency room for a CT scan. Maybe, I thought, there’s a simple fix, even for a 90-year-old with diabetes and heart disease. But I carried his advance directives in my bag, because you never know.

When it is someone else’s narrative, it’s easier to see where things go off the rails, where a loving family authorizes procedures whose risks outweigh their benefits.

But when it’s your father groaning on the gurney, the conveyor belt of contemporary medicine can sweep you along, one incremental decision at a time.

All I wanted was for him to stop hurting, so it seemed reasonable to permit an IV for hydration and pain relief and a thin oxygen tube tucked beneath his nose.

Then, after Dad drank the first of two big containers of contrast liquid needed for his scan, his breathing grew phlegmy and labored. His geriatrician arrived and urged the insertion of a nasogastric tube to suck out all the liquid Dad had just downed.

His blood oxygen levels dropped, so there were soon two doctors and two nurses suctioning his throat until he gagged and fastening an oxygen mask over his nose and mouth.

At one point, I looked at my poor father, still in pain despite all the apparatus, and thought, “This is what suffering looks like.” I despaired, convinced I had failed in my most basic responsibility.

“I’m just so tired,” Dad told me, more than once. “There are too many things going wrong.”

Let me abridge this long story. The scan showed evidence of a perforation of some sort, among other abnormalities. A chest X-ray indicated pneumonia in both lungs. I spoke with Dad’s doctor, with the E.R. doc, with a friend who is a prominent geriatrician.

These are always profound decisions, and I’m sure that, given the number of unknowns, other people might have made other choices. Fortunately, I didn’t have to decide; I could ask my still-lucid father.

I leaned close to his good ear, the one with the hearing aid, and told him about the pneumonia, about the second CT scan the radiologist wanted, about antibiotics. “Or, we can stop all this and go home and call hospice,” I said.

He had seen my daughter earlier that day (and asked her about the hockey strike), and my sister and her son were en route. The important hands had been clasped, or soon would be.

He knew what hospice meant; its nurses and aides helped us care for my mother as she died. “Call hospice,” he said. We tiffed a bit about whether to have hospice care in his apartment or mine. I told his doctors we wanted comfort care only.

As in a film run backwards, the tubes came out, the oxygen mask came off. Then we settled in for a night in a hospital room while I called hospices — and a handyman to move the furniture out of my dining room, so I could install his hospital bed there.

In between, I assured my father that I was there, that we were taking care of him, that he didn’t have to worry. For the first few hours after the morphine began, finally seeming to ease his pain, he could respond, “OK.” Then, he couldn’t.

The next morning, as I awaited the hospital case manager to arrange the hospice transfer, my father stopped breathing.

We held his funeral at the South Jersey synagogue where he’d had his belated bar mitzvah at age 88, and buried him next to my mother in a small Jewish cemetery in the countryside. I’d written a fair amount about him here, so I thought readers might want to know.

We weren’t ready, if anyone ever really is, but in our sorrow, my sister and I recite this mantra: 90 good years, four bad days. That’s a ratio any of us might choose.


Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”

Read More..

App City: Taking Stock of Mobile Apps






Testing apps from week to week, it’s easy to fill my phone with a seemingly endless number of theoretically helpful programs. But how many of them do I actually use? To start off 2013, I decided to take stock of my apps, with a focus on those that relate to my life as a New Yorker. Here are my favorites, many — but not all — of which I reviewed for App City. — JOSHUA BRUSTEIN








Christoph Hitz




Embark NYC



Free for iOS and Android


For directions, the default is Google Maps. But Embark, which helps you chart a trip on the New York City subway, is the other transportation app I use regularly, largely because it can generate directions without a data connection. After all, plans can change while you are underground. Offline, you can get only directions between stations, not for street addresses, but it’s a start.




Instapaper



$3.99 for iOS; $2.99 for Android


Instapaper is not new, but the idea of setting aside articles that I see online so that I can read them when I get stuck on the subway never gets old.



Seamless



Free for iOS and Android


This tool for placing orders for delivery or takeout food through a smartphone app has drastically increased the likelihood that I will order in on any given day. I do not know if this is a good thing, but it is certainly a testament to its effectiveness.





Christoph Hitz




Immaculate Infatuation



Free for iOS


Apps for finding restaurants are plentiful, but most of them leave me feeling overwhelmed. I want someone to choose for me, and I trust the authors of this app to do that. Their taste has never led me astray — although unlike them, I have no problem with the immense popularity of brussels sprouts.







Christoph Hitz




Taskrabbit



Free for iOS


One of the neatest things to come from the current generation of tech companies are informal communities where strangers do things for one another, like share a ride or a spare room. Taskrabbit allows people to hire one another for odd jobs. These jobs can be pretty much anything, but for tasks like taking in clothing for donation, I would much rather give $20 to a neighbor with a car than figure it out myself. Getting tasks done may be easy, but becoming someone who does the tasks isn’t: there are 1,500 people on the waiting list in New York City.




Songkick



Free for iOS and Android


It analyzes the music you listen to and tells you when bands you may like are playing nearby. It has successfully kept me away from Seamless on a number of nights. But being constantly reminded of great shows has the potential to be somewhat expensive.



Nike+ Fuelband



Wristband $149, app free for iOS and Android


This setup serves as a pedometer for the digital age, keeping track of your physical activity 24 hours a day. The app’s graphical representations of miles walked and calories burned are addictive. While the Fuelband does not do a good job of measuring exercise in a gym, it is a great way to keep a tally of all the walking you do. And if I’m going to spend my life wandering around the city, I might as well get credit for it.





Christoph Hitz




Craft Beer New York



$1.99 for iOS


This app is great when deciding which bars to visit. Of course, it works only for beer drinkers; good bars without good beer selections do not make the cut. There is a nice coffee app designed by the same team, and I use it in essentially the same way, although a bit earlier in the day.






Read More..

Your Money: An Invitation to High School Seniors to Write About Money





At the University of Michigan, the application essay talked about how local education cutbacks forced high school students to pay money to play team sports. As a result, the writer could no longer afford to play.




At Pitzer College, a student used the example of the Ponzi schemer Bernard Madoff to take a philosophical look at how much money people truly need to be happy.


As the economy has suffered in recent years and college costs have risen, high school seniors have grappled with the fallout in their own families and channeled their feelings into an increasing number of memorable college application essays about sacrifice, social policy and affluence or its opposite. “Students never used to write about this stuff,” said Angel Pérez, vice president and dean of admission and financial aid at Pitzer. “I think there is this new consciousness. It’s unlike anything I’ve ever seen.”


Given the Your Money team’s long-standing endorsement of raising the financial consciousness of the younger set, we wanted to see these writings for ourselves. So we’re asking high school seniors who are applying for college this year to send us application essays that have anything at all to do with money, working, class, the economy and affluence (or lack thereof). We’ll read them all and publish the best on our Bucks personal finance blog.


There is more on our editorial criteria and the logistics down below, but if you’re trying to figure out what counts as a money essay, think broadly, as many applicants have in recent years. “An essay ought to try to fill in the gaps, to tell us things that we don’t know about you,” said Erica Sanders, managing director of the office of undergraduate admissions at the University of Michigan.


Your guidance counselor and teachers who are writing letters of support for your application may not know about or think to write about your family’s financial status, good or bad. “Maybe a parent had to move out of town for work, and the student writes about taking on more responsibility, that it allowed them to take on more leadership and to contribute to their family in a way that they didn’t even know was possible,” she added, echoing essays she’s read in recent years.


Even if your family has not struggled or become fabulously wealthy, an essay about your part-time job certainly qualifies. “Many of our engineering students will talk about building something and the costs of putting it together,” Ms. Sanders said.


Aside from the Madoff essay, Mr. Perez has read other Pitzer applicant essays and had other conversations with applicants about money and the economy in recent years that have stuck with him. “One student last year was very affected by the whole conversation about the 1 percent,” he said. “He sent us his proposal for the tax code. The committee thought that this is someone who is clearly thinking about this in a critical way, is informed about what is going on the world and has done some dissecting of the information, and that’s the kind of student we’re looking for.”


The college essay is always a bit of a high-wire act. Harry Bauld, the author of “On Writing the College Application Essay,” which I credit with helping me get into college, paints a visceral, frightening picture of haggard admissions officers reading dozens of essays each day. Then, he asks readers to imagine that their application is 38th in the pile. How are you going to excite that person?


Writing about money can offer a bit of voyeuristic thrill in this regard, but it also poses its own particular challenges. “Most of my students are absolutely brilliant,” said Mr. Bauld, a high school English teacher at Horace Mann in New York and a former admissions officer at Columbia and Brown. “But they cannot see their own relationship to economic culture. It’s not comprehensible.”


The more affluent ones, if they do understand it, struggle further when trying to put it into words. “When it becomes visible, it comes accompanied with a U-Haul full of guilt that they’re towing behind them,” he said. “Then, it forces them into various clichés.”



Read More..

Scant Proof Is Found to Back Up Claims by Energy Drinks





Energy drinks are the fastest-growing part of the beverage industry, with sales in the United States reaching more than $10 billion in 2012 — more than Americans spent on iced tea or sports beverages like Gatorade.




Their rising popularity represents a generational shift in what people drink, and reflects a successful campaign to convince consumers, particularly teenagers, that the drinks provide a mental and physical edge.


The drinks are now under scrutiny by the Food and Drug Administration after reports of deaths and serious injuries that may be linked to their high caffeine levels. But however that review ends, one thing is clear, interviews with researchers and a review of scientific studies show: the energy drink industry is based on a brew of ingredients that, apart from caffeine, have little, if any benefit for consumers.


“If you had a cup of coffee you are going to affect metabolism in the same way,” said Dr. Robert W. Pettitt, an associate professor at Minnesota State University in Mankato, who has studied the drinks.


Energy drink companies have promoted their products not as caffeine-fueled concoctions but as specially engineered blends that provide something more. For example, producers claim that “Red Bull gives you wings,” that Rockstar Energy is “scientifically formulated” and Monster Energy is a “killer energy brew.” Representative Edward J. Markey of Massachusetts, a Democrat, has asked the government to investigate the industry’s marketing claims.


Promoting a message beyond caffeine has enabled the beverage makers to charge premium prices. A 16-ounce energy drink that sells for $2.99 a can contains about the same amount of caffeine as a tablet of NoDoz that costs 30 cents. Even Starbucks coffee is cheap by comparison; a 12-ounce cup that costs $1.85 has even more caffeine.


As with earlier elixirs, a dearth of evidence underlies such claims. Only a few human studies of energy drinks or the ingredients in them have been performed and they point to a similar conclusion, researchers say — that the beverages are mainly about caffeine.


Caffeine is called the world’s most widely used drug. A stimulant, it increases alertness, awareness and, if taken at the right time, improves athletic performance, studies show. Energy drink users feel its kick faster because the beverages are typically swallowed quickly or are sold as concentrates.


“These are caffeine delivery systems,” said Dr. Roland Griffiths, a researcher at Johns Hopkins University who has studied energy drinks. “They don’t want to say this is equivalent to a NoDoz because that is not a very sexy sales message.”


A scientist at the University of Wisconsin became puzzled as he researched an ingredient used in energy drinks like Red Bull, 5-Hour Energy and Monster Energy. The researcher, Dr. Craig A. Goodman, could not find any trials in humans of the additive, a substance with the tongue-twisting name of glucuronolactone that is related to glucose, a sugar. But Dr. Goodman, who had studied other energy drink ingredients, eventually found two 40-year-old studies from Japan that had examined it.


In the experiments, scientists injected large doses of the substance into laboratory rats. Afterward, the rats swam better. “I have no idea what it does in energy drinks,” Dr. Goodman said.


Energy drink manufacturers say it is their proprietary formulas, rather than specific ingredients, that provide users with physical and mental benefits. But that has not prevented them from implying otherwise.


Consider the case of taurine, an additive used in most energy products.


On its Web site, the producer of Red Bull, for example, states that “more than 2,500 reports have been published about taurine and its physiological effects,” including acting as a “detoxifying agent.” In addition, that company, Red Bull of Austria, points to a 2009 safety study by a European regulatory group that gave it a clean bill of health.


But Red Bull’s Web site does not mention reports by that same group, the European Food Safety Authority, which concluded that claims about the benefits in energy drinks lacked scientific support. Based on those findings, the European Commission has refused to approve claims that taurine helps maintain mental function and heart health and reduces muscle fatigue.


Taurine, an amino acidlike substance that got its name because it was first found in the bile of bulls, does play a role in bodily functions, and recent research suggests it might help prevent heart attacks in women with high cholesterol. However, most people get more than adequate amounts from foods like meat, experts said. And researchers added that those with heart problems who may need supplements would find far better sources than energy drinks.


Hiroko Tabuchi contributed reporting from Tokyo and Poypiti Amatatham from Bangkok.



Read More..

Scant Proof Is Found to Back Up Claims by Energy Drinks





Energy drinks are the fastest-growing part of the beverage industry, with sales in the United States reaching more than $10 billion in 2012 — more than Americans spent on iced tea or sports beverages like Gatorade.




Their rising popularity represents a generational shift in what people drink, and reflects a successful campaign to convince consumers, particularly teenagers, that the drinks provide a mental and physical edge.


The drinks are now under scrutiny by the Food and Drug Administration after reports of deaths and serious injuries that may be linked to their high caffeine levels. But however that review ends, one thing is clear, interviews with researchers and a review of scientific studies show: the energy drink industry is based on a brew of ingredients that, apart from caffeine, have little, if any benefit for consumers.


“If you had a cup of coffee you are going to affect metabolism in the same way,” said Dr. Robert W. Pettitt, an associate professor at Minnesota State University in Mankato, who has studied the drinks.


Energy drink companies have promoted their products not as caffeine-fueled concoctions but as specially engineered blends that provide something more. For example, producers claim that “Red Bull gives you wings,” that Rockstar Energy is “scientifically formulated” and Monster Energy is a “killer energy brew.” Representative Edward J. Markey of Massachusetts, a Democrat, has asked the government to investigate the industry’s marketing claims.


Promoting a message beyond caffeine has enabled the beverage makers to charge premium prices. A 16-ounce energy drink that sells for $2.99 a can contains about the same amount of caffeine as a tablet of NoDoz that costs 30 cents. Even Starbucks coffee is cheap by comparison; a 12-ounce cup that costs $1.85 has even more caffeine.


As with earlier elixirs, a dearth of evidence underlies such claims. Only a few human studies of energy drinks or the ingredients in them have been performed and they point to a similar conclusion, researchers say — that the beverages are mainly about caffeine.


Caffeine is called the world’s most widely used drug. A stimulant, it increases alertness, awareness and, if taken at the right time, improves athletic performance, studies show. Energy drink users feel its kick faster because the beverages are typically swallowed quickly or are sold as concentrates.


“These are caffeine delivery systems,” said Dr. Roland Griffiths, a researcher at Johns Hopkins University who has studied energy drinks. “They don’t want to say this is equivalent to a NoDoz because that is not a very sexy sales message.”


A scientist at the University of Wisconsin became puzzled as he researched an ingredient used in energy drinks like Red Bull, 5-Hour Energy and Monster Energy. The researcher, Dr. Craig A. Goodman, could not find any trials in humans of the additive, a substance with the tongue-twisting name of glucuronolactone that is related to glucose, a sugar. But Dr. Goodman, who had studied other energy drink ingredients, eventually found two 40-year-old studies from Japan that had examined it.


In the experiments, scientists injected large doses of the substance into laboratory rats. Afterward, the rats swam better. “I have no idea what it does in energy drinks,” Dr. Goodman said.


Energy drink manufacturers say it is their proprietary formulas, rather than specific ingredients, that provide users with physical and mental benefits. But that has not prevented them from implying otherwise.


Consider the case of taurine, an additive used in most energy products.


On its Web site, the producer of Red Bull, for example, states that “more than 2,500 reports have been published about taurine and its physiological effects,” including acting as a “detoxifying agent.” In addition, that company, Red Bull of Austria, points to a 2009 safety study by a European regulatory group that gave it a clean bill of health.


But Red Bull’s Web site does not mention reports by that same group, the European Food Safety Authority, which concluded that claims about the benefits in energy drinks lacked scientific support. Based on those findings, the European Commission has refused to approve claims that taurine helps maintain mental function and heart health and reduces muscle fatigue.


Taurine, an amino acidlike substance that got its name because it was first found in the bile of bulls, does play a role in bodily functions, and recent research suggests it might help prevent heart attacks in women with high cholesterol. However, most people get more than adequate amounts from foods like meat, experts said. And researchers added that those with heart problems who may need supplements would find far better sources than energy drinks.


Hiroko Tabuchi contributed reporting from Tokyo and Poypiti Amatatham from Bangkok.



Read More..

A Victory for Google as F.T.C. Takes No Formal Steps




F.T.C. Hands Google Big Win:
The Federal Trade Commission found that Google did not violate antitrust and anticompetition laws, clearing the way for the company to further dominate the Web search field.







WASHINGTON — The Federal Trade Commission on Thursday handed Google a major victory by declaring, after an investigation of nearly two years, that the company had not violated antitrust or anticompetition statutes in the way it arranges its Web search results.




By allowing Google to continue to present search results that highlight its own services, the F.T.C. decision could enable Google to further strengthen its already dominant position on the Internet.


It also enables Google to avoid a costly and lengthy legal war of attrition like the antitrust battle that Microsoft waged in the 1990s. That fight took an enormous toll on Microsoft and opened the door for competitors like Google to become the technology sector’s new leaders. Now, a weakened Microsoft was among those most vocal in complaining that Google was unfairly abusing a monopolistic position to thwart its rivals.


Google, which attracts 70 percent of all search queries in the United States, has used its search business, which generates billions of dollars in profit annually from advertising, to expand into businesses that include maps, restaurant reviews and travel bookings. Competitors worry that the F.T.C.’s decision will allow Google to continue to make inroads at their expense.


The decision sets up a potential conflict with European officials, who are working with Google to resolve similar concerns about the way the company operates its search engine in Europe, where it is even more dominant than in the United States.


Web search has become vital to the success of many businesses. Being ranked higher in search results can mean a great deal more traffic and revenue; being ranked lower can hurt both. Google has long claimed that it uses a neutral algorithm for search queries, something that competitors disputed.


But Jon Leibowitz, chairman of the F.T.C., said that “While not everything Google did was beneficial, on balance we did not believe that the evidence supported an F.T.C. challenge to this aspect of Google’s business under American law.”


The five-member commission voted unanimously to close its investigation without bringing charges, although some staff members argued vigorously that Google should face sanctions for using online search results to draw consumer traffic to its own services. The F.T.C. said it had found that Google’s practices improved its search results for the benefit of users and that “any negative impact on actual or perceived competitors was incidental to that purpose.”


Google did agree to make some minor changes to its search practices related to search advertising. The F.T.C. said those commitments were enforceable if the company violated them, but the agreement avoided a formal consent decree or litigation, weapons that the F.T.C. had available.


One F.T.C. commissioner, J. Thomas Rosch, said in a partial dissent that the commission would not be able to hold Google to its promises in any meaningful way, as it might do through a contempt proceeding or a fine.


Competitors said the war was not over. Fairsearch.org, a group of Google rivals including Microsoft, said Thursday’s action left the F.T.C. “without a major role in the final resolution to the investigations of Google’s anticompetitive practices by state attorneys general and the European Commission. The F.T.C.’s inaction on the core question of search bias will only embolden Google to act more aggressively to misuse its monopoly power to harm other innovators.”


In a less-watched part of the investigation, which will have a less direct impact on consumers, the commission found that Google had misused its broad patents on cellphone technology, and it ordered Google to make that technology available to rivals. That order may benefit phone manufacturers that use either Google’s Android operating system or competing systems. Some F.T.C. officials said that in the long run, the sanctions could be a bigger victory for consumers, encouraging the development of more innovative devices.


But the broadest impact of the F.T.C.’s action is to present more competitive challenges to companies that do specialty searches, for things like travel or shopping. Consumers will continue to see what has now become familiar on Google — the presence of results that link to Google’s other businesses. When a consumer searches for “airfare to Los Angeles,” for example, the most prominent results are generated by Google’s own travel business, rather than by the likes of Expedia, Priceline or Kayak.


On the company’s Web site, David Drummond, a senior vice president at Google and its chief legal officer, wrote, “The conclusion is clear: Google’s services are good for users and good for competition.”


Mr. Leibowitz, the F.T.C. chairman, called Google’s lifting of content from other Web sites “the most troubling of its business practices related to search and search advertising.” The company agreed to stop taking its rivals’ content, particularly reviews of things like restaurants or consumer products, for use in its own specialized search results.


Yelp, a consumer review site, complained that Google took parts of its reviews and placed them in its own results. When competitors objected, Google threatened to remove them entirely from results, something Mr. Leibowitz said “is clearly problematic and potentially harmful to competition because it might harm incentives to innovate.”


Google also agreed to stop contractual restrictions that prevented small businesses from advertising on competing search platforms.


Last year, some F.T.C. staff members pushed hard in reports to the commission that the company’s actions constituted “unfair methods of competition,” an area that, like that of antitrust, is policed by the F.T.C. But the trade commission faced a struggle in proving malicious intent — that Google changes its search algorithm to purposely harm competitors and favor itself.


Antitrust lawyers say anticompetitive behavior cannot be proved simply by showing that a change in the algorithm affects other Web sites and causes sites to show up lower in results, even though studies have shown that users rarely look beyond the first page of search results.


Read More..

Seizures of Illegal Ivory Are Rising in Hong Kong


Kin Cheung/Associated Press


The smuggled ivory shipment confiscated by custom officials in Hong Kong was valued at around $1.4 million.







HONG KONG — Customs officials in Hong Kong announced on Friday their third large seizure of smuggled ivory in less than three months, saying they had intercepted 779 elephant tusks weighing 2,900 pounds in a container originating from Kenya.




The shipment was valued at around $1.4 million.


In October, 1,209 tusks weighing 3.8 tons and worth about $3.5 million were seized from two containers shipped from Tanzania and Kenya. The next month, 1.6 tons were discovered in a container originating from Tanzania.


Large seizures also have been made in other countries recently, notably in Port Klang, Malaysia, last month.


Demand from an increasingly affluent Asia and improved international trade and transport links have caused the trade in ivory and other wildlife products to soar in recent years, pushing many species to the brink. At the same time, enforcement and penalties remain weak in many countries, constituting little deterrent to smugglers and poachers, conservationists say.


About 10 tons of ivory was seized by customs officials around the world in 2007, according to Traffic, an organization that monitors wildlife trade. In 2011, that figure jumped to nearly 40 tons — a record. Much of that ivory came from large hauls — weighing 1,600 pounds or more — indicating the rising involvement of organized criminal gangs, Traffic said.


Official records for 2012 are not yet complete, but the amount of raw ivory already reported seized last year totals nearly 27.5 tons, according to Traffic.


Tom Milliken, Traffic’s elephant expert, wrote in an e-mail that “2011 still reigns supreme as the ‘annus horribilis,’ but last December’s Malaysia seizure pushes 2012 into the top four years of highest ivory seizures by weight, indicating the illegal ivory trade is still running rampant.” No arrests have been made in connection with Friday’s seizure in Hong Kong. Customs officials said Friday that a fictitious address in Hong Kong had been listed as the shipment’s destination, and that their investigations were continuing.


There are no indications that Hong Kong is becoming a more important transshipment point for ivory smuggling, they said, adding that the three recent hauls were “isolated” events.


The smugglers, said Vincent Wong, a senior official in the Hong Kong customs department, are adopting new approaches all the time, diversifying routes and using different concealment measures.


Friday’s batch of ivory contained some whole tusks, but also many that had been cut into two or three pieces, allowing them to fit into five wooden crates transported among a shipment declared as containing “architectural stones.”


Read More..

Oil Rig’s Owner Settles Gulf Spill Case for $1.4 Billion







NEW ORLEANS (AP) — The Justice Department reached a $1.4 billion settlement Thursday with Transocean Ltd., the owner of the drilling rig that sank after an explosion killed 11 workers and spawned the massive 2010 oil spill in the Gulf of Mexico.




The proposed settlement resolves the department's civil and criminal probes of Transocean's role in the Deepwater Horizon rig disaster. It requires the Switzerland-based company to pay $1 billion in civil penalties and $400 million in criminal penalties and plead guilty to a misdemeanor charge of violating the Clean Water Act, according to a court filing.


The deal, which is subject to a federal judge's approval, also calls for Transocean to implement a series of operational safety and emergency response improvements on its rigs.


"This resolution of criminal allegations and civil claims against Transocean brings us one significant step closer to justice for the human, environmental and economic devastation wrought by the Deepwater Horizon disaster," Attorney General Eric Holder said in a statement.


Transocean said it believes the settlement is in the best interest of its shareholders and employees and eliminates "much of the uncertainty associated with the accident."


"This is a positive step forward, but it is also a time to reflect on the 11 men who lost their lives aboard the Deepwater Horizon," the company said in a statement. "Their families continue to be in the thoughts and prayers of all of us at Transocean."


Much of the $1.4 billion will fund environmental restoration projects and spill-prevention research and training.


The company has two years to pay the $1 billion civil penalty. Congress approved legislation that dedicates 80 percent of the civil penalty for environmental and economic recovery projects in the Gulf states.


BP PLC, which leased the rig from Transocean, already has agreed to pay a record $4.5 billion in penalties and plead guilty to manslaughter and other criminal charges related to the spill. The deal with BP doesn't resolve the federal government's civil claims against the London-based oil company.


Transocean previously announced it had reserved $2 billion for paying claims related to the Deepwater Horizon disaster.


David Uhlmann, a University of Michigan law professor and former chief of the Justice Department's environmental crimes section, said the $1 billion civil penalty is a record amount for an environmental case. But he expressed surprise that Transocean isn't paying more in criminal penalties or facing manslaughter charges of its own.


"The Justice Department clearly views BP as the most culpable party in the criminal cases," Uhlmann said. "But Transocean's negligence also is responsible for the workers' deaths and the spill."


Transocean also said in a September regulatory filing that it had rejected settlement offers last year from BP and a group of attorneys for Gulf Coast residents and businesses who blame the spill for economic damages. Those claims are still pending.


Last month, U.S. District Judge Carl Barbier in New Orleans gave final approval to a class-action settlement agreement between BP and a team of private plaintiffs' attorneys. BP estimates it will pay about $7.8 billion to resolve these claims, but the settlement isn't capped.


Barbier also is set to preside over a trial designed to identify the causes of BP's deadly well blowout and assign percentages of fault to the companies involved. The first phase of the trial is scheduled to start Feb. 25.


BP reported profits of more than $25 billion in 2011, but for Transocean the year resulted in a loss of about $5.7 billion, some of it attributed to contingencies for litigation resulting from the sinking of the Deepwater Horizon.


A series of government investigations has spread out the blame for the nation's worst offshore oil spill among BP, Transocean and other partners on the project, including cementing contractor Halliburton.


Halliburton hasn't settled with the Justice Department, BP or Transocean.


The Deepwater Horizon was drilling in water a mile deep about 50 miles southeast of the Louisiana coast when it exploded on the night of April 20, 2010.


The Justice Department says Transocean crew members on the rig, acting at the direction of BP supervisors, failed to fully investigate clear signs that the well was not secure and that oil and gas were flowing into the well.


The rig burned for about 36 hours before sinking.


As engineers made repeated attempts to halt the flow of oil from BP's burst well, millions of gallons of crude flowed out. Marshes, beaches and fishing grounds across the northern Gulf were fouled by the oil.


Two BP employees who worked as well-site leaders on the rig were indicted in November on manslaughter charges stemming from the 11 workers' deaths. The indictment accuses Robert Kaluza and Donald Vidrine of disregarding high pressure readings that should have indicated trouble before the blowout.


No criminal charges have been filed against individual Transocean employees.


One of Kaluza's attorneys, Shaun Clarke, said the Transocean deal is part of prosecutors' efforts to "sell a fiction" about the events leading up to the explosion.


"The companies want to get on with their business. The government wants a scapegoat. Bob and Don just want to get their day in court and have the truth be told," Clarke said.


___


Associated Press writer Pete Yost in Washington contributed to this report.


Read More..

Question Mark: Why Am I Getting Shorter With Age?


Sal DiMarco Jr. for The New York Times


The upward trajectory of youth starts falling for most people after 40. In a file photo, a Macungie, Pa., middle school nurse, Linda Duffy, measures a student.







Relax. You’ve been through this before.




Back when you were a baby baby boomer, your doctor probably laid you down every few months and measured your height.


Then came the big day: you toddled into the doctor’s office on your own two feet and instead of lying down to be measured, you stood up. And the odds are that when the doctor jotted down your height, it seemed to suggest that you had shrunk since the last visit.


The truth, of course, was that you weren’t really shrinking. When you were measured standing up, gravity compressed your spine. In follow-up visits, you quickly made up for lost ground, your height milestones rising on the doctor’s chart much as they may have in pencil markings on a kitchen wall.


Decades later, pretty much the same thing is probably happening to you right now, with two minor differences: you actually are shrinking. And you are not likely to get that height back.


Starting at about age 40, people tend to lose about four-tenths of an inch of height every decade, said Dr. David B. Reuben, chief of geriatrics at the David Geffen School of Medicine at U.C.L.A. Some of the height loss occurs as part of the normal aging process, and some because of disease. Our old friend gravity, bane of the first vertical height measurement, also plays a role. “It’s a Newton thing,” said Dr. Reuben, a member of the American Geriatrics Society.


As we age, the disks between the vertebrae of the spine, sometimes described as gel-like cushions, dry out and become thinner, with the result that the spine becomes compressed. The bone loss known as osteoporosis can also contribute. People who have the condition may sustain small compression fractures in the spine, often without their knowledge. “The best way to think about those is if you step on a soda can and the soda can just kind of crumples,” Dr. Reuben said.


The fractures can lead to excessive curving of the spine, which can be seen in many people as they age. When it is very pronounced, it is considered hyperkyphosis, sometimes known as dowager’s hump. Hyperkyphosis, however, can occur even in the absence of fractures, often as a result of a loss of muscle tone, especially in core muscles like the abdominals. Even the flattening of the arches of the feet that comes with time can contribute to a loss of height.


There is not much to be done about many of these changes, but people who exercise, strengthening their core, may retain or gain height through better posture. And some research, while not definitive, has offered promising evidence that yoga may even help reverse the curving of the spine. If the yoga is begun at an earlier age, it may be possible to prevent the condition altogether, though more research would need to be done to establish this.


Making sure to get enough calcium and vitamin D can help, Dr. Reuben said, and there are medications used to prevent the fractures caused by osteoporosis.


Of course, if sit-ups or downward dogs are not your style, there are two simple tricks to being taller. Check your height in the morning, when it is at its maximum. Or ask your doctor to measure you lying down.


Questions about aging? E-mail boomerwhy@nytimes.com


Read More..

Skin Deep: Questions Surround Iris Implant Procedure – Skin Deep



ANITA ADAMS was born with one green eye and one brown eye. While differently colored irises, a condition otherwise known as heterochromia, may look exotic on David Bowie and Kate Bosworth, Ms. Adams did not like them on herself.


“I wanted my irises to match,” said Ms. Adams, 41, who works as a caretaker for at-risk adolescents in Grand Junction, Colo.


In mid-2008, she began looking online to see if there was any solution other than colored contact lenses (which comprised about 20 percent of the $7.8 billion global contact lens market in 2011, according to a January 2012 report published by BCC Market Research). She found a company, New Color Iris, marketing a device invented by a Panamanian ophthalmologist, Dr. Alberto Delray Kahn, that could apparently implant an artificial or prosthetic iris over her natural one.


The device was not approved by the Food and Drug Administration, nor were there any clinical studies or peer-reviewed publications about it. But Ms. Adams found Facebook posts and YouTube testimonials from patients whose eyes had gone from drab brown to an icy blue and were thrilled with the results. On his Web site, Kahnmedical.com, Dr. Kahn wrote that he supported “programs for the prevention of blindness in the Kuma and Embera Indians of Panama,” who have high rates of ocular albinism, which makes them sensitive to light. 


Ms. Adams was impressed. At the company’s request, she went for routine tests to her ophthalmologist, who told her he had never heard of the procedure and advised against it. She didn’t listen. “I went, ‘Oh, whatever,’ ” she said. “I don’t think anything was going to convince me not to do it. At that point my mind was made up.”


Ms. Adams is not alone in her quest for symmetry, whatever the risk.


Dr. Gregory J. Pamel, a corneal and refractive surgeon in Manhattan and a clinical assistant professor of ophthalmology at New York University, said that for the last two years he has received about three inquiries a month from patients who have learned from his Web site that he implants artificial irises for medical reasons. “They’d want to enroll in the clinical trial, and I would say, ‘There’s nothing available in the U.S.,’ ” he said. “There are no approved devices in the U.S. to change the eye color cosmetically. There are no clinical trials to date that are looking into this. There’s nothing on the horizon.”


There are, however, iris implants for patients with serious conditions like aniridia, a rare hereditary absence or partial absence of the iris, that are available under a special “compassionate use” F.D.A. provision. The provision allows patients with serious or life-threatening medical conditions to be treated with devices that have not been approved by the F.D.A., but “we can only use it for people with trauma,” Dr. Pamel said. “I would be very hesitant and skeptical about any technology that purports to change the iris color for cosmetic reasons.” 


Dr. Kenneth Steinsapir, an oculofacial surgeon and ophthalmologist in Los Angeles, also received calls from patients wanting their eye color changed, so he began investigating New Color Iris. He found no positive reports, but he did find a number of studies reporting serious complications. In July 2010, he blogged about it on his Web site, lidlift.com. “The colored disk that is put in the eye has been shown to cause harm,” he wrote.  “If you are not albino and missing iris pigment or have part of the iris missing either from a birth defect or from trauma, then there is no compelling medical reason for this surgery.” 


But Ms. Adams was determined to fix her perceived imperfection. In September 2008, she wired nearly $2,000 to New Color Iris, and a month later flew with her mother (paying their airfare) to Panama. She was told the surgery would present no complications other than a slight risk of glaucoma. She signed a consent form, paid an additional $5,000 and underwent the 15-minute procedure.


For two days, Ms. Adams’s vision was blurry, which she was told was normal. By the third day, she could see well enough to tour around the city. “I was happy with the experience at the time,” she said.


She appeared on “Inside Edition” to talk about how delighted she was, for which she said New Color Iris paid her $500, promising an additional $500 for every future media appearance she did. She also allowed the company to use her likeness on its Web site and on YouTube.


Ms. Adams was pleased with her matching irises for about two years. But in fall 2010, she said, her vision grew “spotty,” and she was “scared to death I was going blind.” She repeatedly tried to contact Dr. Kahn as well as the company in New York, but said she received no response. She started a Facebook page (now dismantled) highlighting her negative experience, noticing that other people had shared similar stories.


And when she returned to the New Color Iris Web site, she was redirected to another site, Brightocular.com, which was marketing another implant to cosmetically change eye color and offering more glowing testimonials.


Ms. Adams said she contacted it using a fake name and was told that the procedure was being offered in Istanbul and soon “in all of Europe” and that the company was not affiliated with New Color Iris. Convinced this was untrue, she contacted Dr. Steinsapir in February 2011, and he began blogging about a possible relationship between the two companies. On Aug. 16, 2011, Dr. Steinsapir received a certified letter from Kevin J. Abruzzese, a lawyer in Mineola, N.Y., representing Stellar Devices, which owns the trademark for Brightocular, that denied that any association existed between the two companies. The letter also asserted that Stellar Devices was working with Minnesota Eye Consultants, in Minneapolis, to obtain “F.D.A. compassionate approval for a patient with aniridia,” and ordered  the doctor to remove “any and all defamatory content” about Brightocular.


Still skeptical, Dr. Steinsapir found a registered trademark for Brightocular, originally filed March 18, 2010 and granted registration on April 19, 2011.


But the company to which the trademark was registered was not Stellar Devices, but New Color Iris. What’s more, New Color Iris and Stellar Devices shared the same Midtown Manhattan address. Dr. Steinsapir later published his findings. He said he also arranged surgery for people who had iris color surgery and needed urgent help.


Alain Delaquérière contributed research.



Read More..