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A claim for restitution filed by Pennsylvania's attorney general caused a last-minute delay in the sentencing of
Merck & Co. (MRK for its violation of a federal drug law in connection with its marketing of former painkiller Vioxx.
At a hearing Friday in federal court in Boston, U.S. District Judge Patti Saris delayed Merck's sentencing until April 19 to allow for more time to consider the Pennsylvania claim. Merck was originally scheduled to be sentenced Friday.
Merck, of Whitehouse Station, N.J., agreed in November to pay $950 million and plead guilty to a misdemeanor charge of marketing a misbranded drug, to resolve government allegations that the company illegally promoted Vioxx and deceived the government about the drug's safety.
The government alleged Merck promoted Vioxx for treatment of rheumatoid arthritis before that use was approved by regulators. A portion of the $950 million settlement also was to resolve parallel civil allegations that Merck made false and misleading statements about Vioxx's safety, causing government health programs to pay for the drug's use. Merck denied the civil allegations.
Merck had withdrawn Vioxx from the market in 2004 after a study showed it increased the risk of heart attacks and other cardiovascular events.
The proposed November settlement was to resolve claims by the U.S.
Justice Department, more than 40 states and the District of Columbia.
But last week, the Commonwealth of Pennsylvania filed a so-called victim impact statement with the court. Pennsylvania's attorney general office argued that Judge Saris shouldn't impose a sentence unless Pennsylvania obtains restitution for
Medicaid payments allegedly resulting from Merck's criminal misconduct, according to a court document filed by the U.S. Justice Department.
Pennsylvania is continuing to pursue Vioxx-related claims against Merck in proceedings coordinated by a federal judge in Louisiana, according to the Justice Department.
The Justice Department argued that Pennsylvania therefore has a forum to pursue its claims, and it shouldn't hold up the sentencing in Boston.
Merck also urged Judge Saris to decline Pennsylvania's application for restitution because it would delay distribution of the settlement money to participating states.
In a written statement Friday, Merck said: "Through a last minute request the Commonwealth of Pennsylvania has attempted to derail an agreement already reached in good faith with the federal government, 44 other states, and the District of Columbia. There is no legal foundation for the Commonwealth's claim in this court and Merck will vigorously oppose it."
The Justice Department said Pennsylvania was allocated $4.5 million for alleged Medicaid losses under the $950 million settlement. States had the choice of either accepting their allocations or initiating or continuing litigation against Merck.
In medical practice, the term "drug abuse" is typically understood to describe habitual consumption with harmful consequences to the user.
It's also sometimes used to describe non-therapeutic or unintended use of a medical drug. But when it comes to illegal substances, the press routinely -- and ignorantly – calls it full-blown "drug abuse," even if you try the substance just one time.
Medtronic enrolls the initial patient into its Medtronic Registry for Epilepsy to look at the long-term efficacy and safety of deep brain stimulation therapy for patients with drug-resistant epilepsy.
MASSDEVICE ON CALL — As neuromodulation therapy celebrates its 25th year,
Medtronic (NYSE:
MDT enrolled the 1st patient into its Medtronic Registry for Epilepsy, a database tracking the safety, efficacy and quality of life of patients receiving deep-brain stimulation for treatment of drug-resistant epilepsy.
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Clinical Trials,
Epilepsy,
Implants,
Neuromodulation / Neurostimulation,
On Call,
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Women's Health
Continue reading "Willie Nelson Supports Oregon Cannabis Tax Act" >
21 Jump Street (15
(Phil Lord, Chris Miller, 2012, US Jonah Hill, Channing Tatum, Brie Larson. 109 mins.
As with comic books, now that all the big titles have gone, it's down to TV's B-list to feed Hollywood's appetite for ready-made movie concepts.
Based on the show that first traded on Johnny Depp's youthful good looks, it stars Hill and Tatum – a great odd-couple anchor – as two low-flying cops who are sent back to high school to infiltrate a drugs ring. The premise is an almost pitifully obvious excuse to aim for broad-appeal paydirt with a mix of fratboy crudity, teen-movie romance and crime-flick action, but for all the box-ticking, it has intermittently hilarious results.
Contraband (15
(Baltasur Kormakur, 2012, US Mark Wahlberg, Kate Beckinsale, Giovanni Ribisi. 110 mins.
Mark Wahlberg sticks to what he's good at, which is muscled, breathy and slightly high-pitched posturing in a brooding action thriller. Here he plays a smuggler lured out of retirement for one last job, carrying counterfeit bills out of Panama City.
We Bought A Zoo (PG
(Cameron Crowe, 2011, US Matt Damon, Scarlett Johansson, Thomas Haden Church. 119 mins.
Crowe brings his hard-to-resist sentiment to bear on this story of an LA hack (Damon who buys a rundown zoo after his wife dies and tries to get it up to legal standards. A fluffy, melancholy romcom.
Once Upon A Time In Anatolia (15
(Nuri Bilge Ceylan 2011, Tur/Bos-Herz Muhammet Uzuner, Yilmaz Erdogan. 158 mins.
Ceylan's latest is his most ambitious yet, a slow-burn procedural as an arrested man searches in the Turkish wilderness for the body of a man he is said to have killed. It's long, rigorous, with many loose ends, but rewarding for those brave enough to take the challenge.
Booked Out (12A
(Bryan O'Neil, 2012, UK Sylvia Sims, Mirren Burke, Rollo Weeks. 86 mins.
Small-scale Brit movie about a lonely illustrator. Tries to be a charming homegrown Amelie, but resembles more a goofy US indie.
Four Horsemen (NC
(Ross Ashcroft, 2012, UK 97 mins.
Somewhat doom-mongering doc with its sights on the global power elite.
The Devil Inside (15
(William Brent Bell, 2012, US Fernanda Andrade, Simon Quarterman. 83 mins.
Cheap Last Exorcism rip-off about a late-80s possession case that suggests some "found footage" shouldn't be spared the bin.
Bill Cunningham New York (12A
(Richard Press, 2010, US/Fra 84 mins.
Amiable doc on the veteran fashion photographer; one to file next to The September Issue.
How To Re-Establish A Vodka Empire (15
(Daniel Edelstyn, 2011, UK/Ukr 75 mins.
Easygoing doc about a Jewish Londoner seeking to explore his family's roots as Ukrainian manufacturers of premium-brand vodka.
In Darkness (15
(Agnieszka Holland, 2011, Pol/Ger/Can Robert Wieckiewicz, Benno Furmann, Agnieszka Grochowska. 144 mins.
Poland's own Oscar-nominated Schindler's List tells the true story of a sewer worker who saved Jews from the Nazis.
Out from Friday
Battle Royale meets Twilight in this hyped teen action flick based on the bestselling books.
Coming-of-age drama dealing with thugs, drugs and deadbeat dads in the shadow of the Olympic stadium, starring Charlie Creed-Miles.
A cast of real-life Navy Seals star in a fictional kidnap drama-thriller.
The Dardennes brothers bring their latest nuanced, realist drama, a hit at Cannes 2011.
Hindi action spy thriller.
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Liam Neeson sinks your Battleship …
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The news was reported by Lynne Terry of The Oregonian. She wrote that Del Monte Fresh Produce notified the state earlier this month that it would not go forward with legal action against William Keene and his department.
Del Monte Fresh Produce had announced its threat in a news release in August, claiming that "misleading allegations" had been made in naming the Guatemalan cantaloupes as the likely source of Salmonella infection that sickened at least 20 people, and sent three to the hospital. The case patients were from Arizona, California, Colorado, Maryland, Montana, Nebraska, Oregon, Pennsylvania, Utah and Washington.
Twelve of 16 ill people had reported eating cantaloupe in the week before they became ill, according to a Centers for Disease Control and Prevention report on the outbreak investigation. Eleven of those 12 people had purchased cantaloupes from eight different Costco stores and traceback information indicated the melons were from a single farm -- Asuncion Mita in Guatemala.
Del Monte Fresh Produce voluntarily recalled the Guatemalan cantaloupes on March 22, 2011 after it was notified of the epidemiological link between the melons the outbreak of Salmonella Panama infection.
But when the Food and Drug Administration banned further cantaloupe imports from the company's Guatemalan farm, Del Monte Fresh Produce sued the FDA and got it to back down on the import alert. It also claimed it was wrongly blamed for the outbreak.
Food safety experts and consumer activists predicted the case targeting Oregon Public Health -- recognized for its food safety leadership -- would not go far, but said they saw the complaint filed by Del Monte Fresh Produce as an attempt to intimidate public health programs across the country.
Dr. Katrina Hedberg, Oregon state epidemiologist, told The Oregonian that dealing with the tort claim had been time-consuming, so it was a relief when it was withdrawn and they could resume focusing on their job -- protecting the public's health.
The claim was unprecedented, Terry noted:
State epidemiologists investigate dozens of foodborne illness outbreaks every year and name the culprits to prevent more people from getting sick. No other company has ever filed a suit or threatened to sue Oregon over one of those investigations.
"There have been lots of outbreaks," Hedberg said. "Why some companies choose to work with public health and others want to fight it -- I can't answer that."
A Del Monte Fresh Produce spokesman declined to comment, telling Terry the company "does not comment on ongoing or closed investigations."
By Drew Mackie and Rebecca Silverstein. Let the games begin! Well, soon enough, anyway. While you ravenous fans of "The Hunger Games" get excited for the movie premiere, have a look at who the "Hunger" stars were before they embodied the characters in this epic story. Jennifer LawrenceRole: Katniss EverdeenJennifer rose to fame when she was nominated for a 2011 Oscar for "Winter's Bone." But that was far from the actress's breakout role. After moving to Hollywood from Louisville, Ky., Lawrence began acting in 2006 at age 16. From 2007-09, Jennifer starred as Lauren Pearson on the TBS sitcom "The Bill Engvall Show." Sure, it wasn't Emmy-worthy material, but it got her where she is today.
Liam Hemsworth. Role: Gale HawthorneBefore he was known as Miley Cyrus' boyfriend and Chris Hemsworth's little brother, Liam (seen left in 2008 was a star back in his native Australia. In 2007, he got his big break playing paraplegic Josh Taylor on the soap opera "Neighbours." (Liam and Chris' other brother, Luke, had previously starred on the show as Nathan Tyson. But it wasn't until he showed his abs in "The Last Song" that U.S. audiences got a load of Liam's leading man potential.
Josh Hutcherson. Role: Peeta MellarkIf you're just catching wind of Josh right now, then you obviously weren't a kid -- or didn't have children -- in the early- to mid-2000s. This chubby-faced youngling (seen left in 2003 moved from Union, Ky., to Los Angeles when he was 9 and quickly became a go-to guy for tween-friendly fare, bringing him starring roles in movies like "Little Manhattan," "Zathura: A Space Adventure" and "Bridge to Terabithia." We think it's about time he's grown up, don't you?
Woody Harrelson. Role: Haymitch AbernathyHarrelson's road to "The Hunger Games" began in Midland, Texas. In 1985, Harrelson joined the cast of "Cheers," and he used the popularity of the show to launch a successful film career (beginning with 1992's "White Men Can't Jump" that has brought him to play Katniss' mentor in "Hunger." Harrelson wed his longtime love, Laura Louie, in 2008; they have three daughters: Deni Montana, Zoe Giordano and Makani Ravello. A tireless advocate of liberal political causes, he has become known in particular for his support of marijuana legalization, vegetarianism and biodiesel.
Elizabeth Banks. Role: Effie TrinketBack in 2002, this Pittsfield, Mass., native and UPenn grad was a relative Hollywood unknown who had just scored big playing Betty Brant in the "Spider-Man" trilogy, but comedy fans already knew her as the burger-loving French kisser from "Wet, Hot American Summer." Since, Banks has become a mom and a bankable star known for smart comedy ("30 Rock" and dressing to impress. Banks married Max Handelman in 2003, and she had a son, Felix, via surrogate in March 2011.
Lenny Kravitz. Role: CinnaThe son of "The Jeffersons" star Roxie Roker, Kravitz has performed music his entire life, making his mainstream splash in 1993 with "Are You Gonna Go My Way." (He's pictured at left at the 1993 MTV VMAs with Cindy Crawford… and his signature shades. Kravitz has continued to rock in the interim, and today, his role as Cinna, Katniss' stylist, marks his second major movie role after his turn in "Precious." Kravitz married actress Lisa Bonet in 1987, and Bonet gave birth to Kravitz's only child, singer-actress Zoe Kravitz, in 1988.
Wes Bentley. Role: Seneca CranePictured at left during his high school days, Bentley, now 33, is best remembered for two major movies in the late '90s: "American Beauty," in which he played the creepy videographer neighbor boy, and "Beloved," in which his character sexually assaulted Oprah's. Following those, Bentley married actress Jennifer Quanz in 2001, but Bentley's drug problems ultimately caused the two to split. Finally sobering up in 2009, Bentley refocused his energies on his career. In 2010, he married producer Jacqui Swedberg. They have a son, Charles, who was born in 2010.
Jack Quaid. Role: Marvel"The Hunger Games" may be Jack's movie debut, but he's been around Hollywood longer than most of his castmates. That's because his parents are Meg Ryan and Dennis Quaid! "I've been on sets my whole life," Jack tells People, "but this is the first time in front of the camera and not in a chair with Sour Patch Kids from the craft services truck. ... It was a new sensation. It was weird ... I really liked it. " Check him at left with pudgier cheeks back in 2003.
Isabelle Fuhrman. Role: CloveThe last time we checked in with Fuhrman, the Washington, D.C., native was playing a psychotic seductress trapped in a child's body in the 2009 horror film "Orphan." That's not all that long ago, we admit, but it's worth it to see what a lovely young woman Fuhrman, now 15, has grown into… and, you know, that she isn't actually trapped in a child's body.
Jacqueline Emerson. Role: FoxfaceHer role as one of Katniss' competitors marks her feature film debut, but you still might have heard of this 20-year-old Washington, D.C., native before. Pictured at left back in 2005, she played keyboards in Devo 2.0, the bizzare, kid-friendly, Disney-produced "spinoff" group of the '80s band Devo. (Yes, that was actually a thing that happened.
Alexander Ludwig. Role: CatoThis Vancouver native had mostly TV and direct-to-DVD movies on his resume before scoring a starring role in 2007's "The Seeker: The Dark Is Rising." It's not much to write home about, but at least it got him out of people's living rooms and onto the big screen.
Leven Rambin. Role: GlimmerConsidering how well she can work it on the red carpet, it's hard to believe that "The Hunger Games" is actually one of Leven's first flicks. Before now, she's been queen of the small screen. You might remember this 21-year-old Houston, Texas, native as Ava Benton on "All My Children," for which she attended the 2005 Daytime Emmy Awards. Leven also appeared as Riley Dawson on "Terminator: The Sarah Connor Chronicles" and as Sloan Riley on "Grey's Anatomy."
Stanley Tucci. Role: Caesar FlickermanAfter this Peekskill, N.Y., native made his film debut in 1985's "Prizzi's Honor," Tucci went on to be one of Hollywood's most reliably great actors, whether for comedy ("The Devil Wears Prada" or drama ("The Lovely Bones" . Pictured at left in 1996, Tucci looks more or less the same today -- minus a bit of hair, maybe. Tucci had three daughters with his wife Kate, who died from breast cancer in 2009. Tucci has since become engaged to Felicity Blunt, sister of Emily Blunt.
Donald Sutherland. Role: President Coriolanus SnowWhere to start? This celebrated Canadian actor began with the amazingly titled 1965 film "Die! Die! My Darling!" and ever since has straddled the line between mainstream drama ("Ordinary People," "Klute" and niche weirdness ( "Invasion of the Body Snatchers" , so he's right at home in "The Hunger Games." Pictured at left in 1982, Donald had twins Kiefer and Rachel, with his second wife, Shirley Douglas. In 1972, Donald married his current wife, actress Francine Racette. They have three sons.
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