Friday, August 19, 2011

Feds oppose ban on food stamps for sodas in NYC (AP)

NEW YORK � A plan by New York City to combat obesity by restricting the purchase of sugary drinks with foods stamps would be too large and complex, federal officials said Friday.

The U.S. Department of Agriculture rejected a waiver request that would have allowed the city to implement the plan, which would have barred food stamp recipients from using their benefits to buy sodas, teas, sports drinks and other sugar-sweetened drinks.

The ban would have applied to any sweetened beverage that contains more than 10 calories per 8 ounces.

Mayor Michael Bloomberg and Gov. David Paterson announced in October that they would seek a waiver from the USDA to start up a temporary program that would be evaluated before becoming permanent.

In a statement released Friday, Bloomberg said his administration was disappointed by the USDA's decision.

"We think our innovative pilot would have done more to protect people from the crippling effects of preventable illnesses like diabetes and obesity than anything being proposed anywhere else in this country � and at little or no cost to taxpayers," he said.

While sharing the goal of reducing obesity, an official with the nation's food stamp program said in a letter Friday addressed to the state Office of Temporary and Disability Assistance that the USDA had concerns about the plan's "potential viability and effectiveness."

Jessica Shahin, associate administrator of the program, wrote that the proposal lacked clear product eligibility guidelines, didn't take into account the burden that might be placed on city food retailers and failed to put forward a credible design for evaluating the effect on obesity and health.

The food stamp program was launched in the 1960s and serves more than 40 million Americans each month.

The city has been actively working to shape diet choices by New Yorkers, including with a public advertising campaign called "Pouring on the Pounds" that targets the excessive consumption of sugary drinks by linking it to obesity and diabetes.



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Doctors question Perry's stem cell back treatment (AP)

He calls it innovative. Others call it a big risk. In any case, the stem cell procedure that Texas Gov. Rick Perry had last month was an unusual experiment to fix a common malady: a bad back.

Perry, the newest GOP presidential candidate, has access to the best possible care and advice. Yet he and his doctor chose a treatment beyond mainstream medicine: He had stem cells taken from fat in his own body, grown in a lab and then injected into his back and his bloodstream during a July 1 operation to fuse part of his spine.

The treatment carries potential risks ranging from blood clots to infection to cancer and may even run afoul of federal rules, doctors say. At least one patient died of a clot hours after an infusion of fat-derived stem cells outside the United States. It's not clear how much of this Perry might have known.

His doctor and friend, orthopedist Dr. Stanley Jones, could not be reached for comment despite repeated requests to the spokeswoman for his Houston-area hospital. Jones told the Texas Tribune that he went to Japan for a stem cell treatment that helped his arthritis and that he had never before tried the procedure he used on Perry. He also said it had no side effects or risks.

However, some top scientists are questioning the safety and wisdom of Perry's treatment, especially because it was not part of a clinical trial in which unproven therapies are tested in a way that helps protect patients and advances medical knowledge.

Perry "exercised poor judgment" to try it, said Dr. George Q. Daley, of Children's Hospital Boston and the Harvard Stem Cell Institute. "As a highly influential person of power, Perry's actions have the unfortunate potential to push desperate patients into the clinics of quacks," who are selling unproven treatments "for everything from Alzheimer's to autism."

Daley is past president of the International Society for Stem Cell Research, a group of 3,000 scientists and others in the field. He consults for several biotech companies and favors stem cell research. But of Perry's treatment he said: "I would never in a million years accept for one of my family members to undergo this."

On the campaign trail Thursday in New Hampshire, Ray Sullivan, Perry's chief of staff, said: "The governor consulted with his physician and decided the best course of action for him. He's very pleased with the results of the surgery, with the rapid recovery and with the procedure that he had. And he feels like that is certainly his right to determine the best course of treatment for him."

Perry's treatment was first reported by the Texas Tribune. The procedure was done by Jones, who works at Foundation Surgical Hospital � a private, doctor-owned orthopedics center in suburban Houston � but Perry spokesman Mark Miner would not say where it took place.

"The governor chose this procedure to repair a reoccurring back ailment" and has confidence in the team that did it, Miner told The Associated Press. "The governor believed in this innovative approach."

It used Perry's own "adult" stem cells � not embryonic stem cells, a controversial technology that involves destroying an embryo, which the governor opposes. Adult stem cells have long been used to treat cancers such as leukemia and lymphoma � it's what doctors are using when they do bone marrow transplants. The cells are being studied for everything from heart disease to diabetes, but it's too soon to know if these approaches are safe or effective.

Some orthopedic surgeons, including Dr. Christoph Meyer at Jones' hospital, are experimenting with stem cells to help bones heal. The cells usually are taken from bone marrow and injected or implanted in the trouble spot, such as a knee or shoulder. The theory is that these "master cells" will follow cues from cells around them and form bone or cartilage, though scientists worry they also might spur unwanted growth and cancer.

Perry, however, had an even more experimental procedure: stem cells from fat removed by liposuction and grown in a lab for some time before they were put into his spine and bloodstream.

"It's a new technology that doesn't have the track record of the older ones," Meyer said. "Doctor Jones and Governor Perry made a bold move but that's how all advances in medicine have been made. I think it says a lot about Governor Perry that he was willing to try something like this that was new and untested. I mean that in a positive way."

However, Dr. George Muschler, an orthopedic surgeon at Cleveland Clinic, said fat-derived stem cells are "an unusual choice" because they don't form bone as readily as those from marrow.

Using them as was done for Perry is "quite experimental and it's quite controversial because there isn't good evidence yet, at least in the medical literature, that fat cells work better or even work at all in repairing bones," Muschler said. "It's out there, a little past the edge of what mainstream medicine would generally accept."

The Cleveland Clinic has three patents on cell-related technologies Muschler developed, and he has consulted for Medtronic Inc. and the federal Food and Drug Administration.

Dr. Thomas Einhorn, orthopedics chairman at Boston University, has tested some experimental stem cell therapies himself. He said one concern is that Perry's cells were grown in a lab dish with other ingredients where there is more of a risk they will transform into cancer and any breach in sterility could lead to an infection once they were put into a vein.

He also took issue with infusing the cells into Perry's bloodstream. "I can't think of any reason to do that. I wouldn't want to cause a blood clot."

It also enters a gray area with the FDA, which does not regulate how doctors practice medicine but does oversee medical products. Growing the cells in culture and possibly mixing them with other substances may make these modified cells a product. The FDA got an injunction barring a Colorado company from growing marrow-derived stem cells in this way; lawsuits over that are pending.

FDA spokeswoman Shelly Burgess said that the agency could not comment on Perry's treatment and that each case must be evaluated individually.

Besides safety concerns, little is known about whether such cell therapies work.

Patients may believe cells helped them, but there's no way to know they did unless a study is done comparing those who did and did not receive such treatment, said Dr. Scott Rodeo, an orthopedic surgeon at the Hospital for Special Surgery in New York. He was a physician to the USA Olympics Teams in 2004 and 2008 and is associate team physician for the New York Giants football team.

Perry still wears a back brace sometimes now on the campaign trail, but he wasn't available for an interview Thursday. On July 12, less than two weeks after his surgery, he told an AP reporter: "Every day has been better. Not quite ready to go run a marathon in July but I feel great, wear a little brace and good to go. Everything is awesome."

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Associated Press writers April Castro in Austin, Texas, and Steve Peoples in Dover, N.H., contributed to this report.

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Marilynn Marchione can be followed at http://twitter.com/MMarchioneAP.



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Thursday, August 18, 2011

US says Legionnaire's cases triple over decade (AP)

ATLANTA � Cases of Legionnaire's disease have tripled in the last decade, U.S. health officials said Thursday, but the risk of dying from it is lower because of more effective treatment.

Legionnaire's most often strikes the elderly and can cause deadly pneumonia. The germ spreads through mist or vapor from contaminated water or air conditioning systems.

The Centers for Disease Control and Prevention reports 3,522 cases in 2009, the most since Legionnaire's was first identified in 1976. There were only 1,110 cases in 2000. CDC officials think the increase may be partly because there are more old people.

To be sure, Legionnaire's remains uncommon. Just 8 percent of its victims died in the last decade, compared to 20 percent in the 1980s and 1990s. But it still kills hundreds of Americans each year, and leaves an estimated 8,000 to 18,000 hospitalized.

The increase in cases is worrisome, said study co-author Dr. Lee Hampton, a CDC epidemiologist. "We need to minimize the risk of people dying from this," he said.

The disease got its name from an outbreak at a Philadelphia convention of the American Legion in 1976 when more than 200 people were sickened and 34 died. The outbreak drew intense media coverage, and months later health investigators fingered the bacterial cause. The germ apparently had spread through the convention hotel's air-conditioning system.

Early signs of the disease can include high fever, chills and a cough. Fortunately, some of the drugs most commonly used against pneumonia are first-line treatments against Legionnaire's.

Cases of the disease held relatively steady in the 1980s-90s, but rose since 2000.

The CDC relies on doctors, hospitals and state health departments to report cases when they occur, and agency officials believe the national case count is an underestimate.

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Online:

Report: http://www.cdc.gov/mmwr/preview/mmwrhtml/mm6032a3.htm?s_cidmm6032a3_w



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Wednesday, August 17, 2011

Study: Only 1 in 5 medical malpractice cases pay (AP)

ATLANTA � Only 1 in 5 malpractice claims against doctors leads to a settlement or other payout, according to the most comprehensive study of these claims in two decades.

But while doctors and their insurers may be winning most of these challenges, that's still a lot of fighting. Each year about 1 in 14 doctors is the target of a claim, and most physicians and virtually every surgeon will face at least one in their careers, the study found.

Malpractice cases carry a significant emotional cost for doctors, said study co-author Amitabh Chandra, an economist and professor of public policy at the Harvard Kennedy School of Government

"They hate having their name dragged through the local newspaper and having to go to court," he said.

The study might seem to support a common opinion among doctors that most malpractice lawsuits are baseless, but the authors said the truth is more complicated than that.

They noted influential earlier research in New York state concluding that just a tiny fraction of the patients harmed by medical mistakes actually file claims.

Trial lawyers say cost is a barrier to bringing a claim to court. There are very high up-front costs for hiring expert witnesses and preparing a case. Doctors, hospitals and their insurers often have significant money and legal firepower. Some states also have caps on malpractice awards. So, usually, only very strong cases with high expected payouts are pursued.

Given the expense and other difficulties involved in winning, it's doubtful most claims are filed on a greedy whim, the researchers said.

"A lawyer would have to be an idiot to take a frivolous case to court," Chandra said.

The study was published online Wednesday by the New England Journal of Medicine.

The research team turned to one of the nation's largest national malpractice insurers, analyzing data for about 41,000 physicians who bought coverage from 1991-2005. The researchers could only get the data by signing an agreement not to identify the insurer, so they wouldn't disclose the name of the company.

The insurer represents only about 3 percent of the nation's doctors, but it operates in all 50 states. The average payouts were about the same as seen in the government-created National Practitioner Data Bank, which records payouts but doesn't record all claims filed.

The study found:

_About 7.5 percent of doctors have a claim filed against them each year. That finding is a little higher than a recent American Medical Association survey, in which 5 percent of doctors said they had dealt with a malpractice claim in the previous year.

_Fewer than 2 percent of doctors each year were the subject of a successful claim, in which the insurer had to pay a settlement or court judgment.

_Some types of doctors were sued more than others. About 19 percent of neurosurgeons and heart surgeons were sued every year, making them the most targeted specialties. Pediatricians and psychiatrists were sued the least, with only about 3 percent of them facing a claim each year.

_When pediatricians did pay a claim, it was much more than other doctors. The average pediatric claim was more than $520,000, while the average was about $275,000.

"Jurors' hearts cry out for injured patients, especially when kids are involved," Chandra said. The amount attached to a pediatric case also rises because many more years of suffering are involved than if the victim is middle-aged or elderly, experts said.

The study was funded by the RAND Institute for Civil Justice. Chandra also received funding from the National Institute on Aging, which has been interested in malpractice as a possible driver of health-care costs.

The study echoes earlier research on which specialists get sued most often, said Dr. Sidney Wolfe, director of Public Citizen's Health Research Group, a Washington, D.C.-based consumer advocacy group.

"The thing that's disappointing about their study is they don't focus on what can be done to prevent people from being injured," said Wolfe, who has pushed for more aggressive policing of doctors by state medical licensing boards.

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Online:

New England Journal: http://www.nejm.org



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FDA approves gene-targeting skin cancer drug (AP)

WASHINGTON � The Food and Drug Administration has approved a first-of-a-kind drug to treat the deadliest form of skin cancer by targeting a particular genetic mutation found in about half of patients.

The pill called Zelboraf, made by Roche, is the first treatment for melanoma that targets a specific gene found in skin-cancer tumors. The FDA said Wednesday it also approved a test to screen patients for the mutation.

Melanoma is the fastest-growing form of cancer in terms of new diagnoses. Researchers attribute the acceleration to longer life expectancies among the elderly and increased indoor tanning by the young.

About 68,000 people in the U.S. were diagnosed last year and 8,700 died, according to the American Cancer Society.

Melanoma has long been considered one of the toughest cancers to treat, with few drug options. In March the FDA approved a Bristol-Myers Squibb drug that was the first drug shown to prolong survival in patients with advanced skin cancer.

Zelboraf will provide a second option for melanoma patients with a mutated form of a protein called BRAF that helps with cell growth when working normally. Zelboraf works by blocking the mutated form of the protein, slowing tumor growth.

The FDA approved the drug based on a 675-patient study in which patients received either Zelboraf or a chemotherapy drug. The study is ongoing, but 77 percent of people on Zelboraf are alive compared with 64 percent of those taking the older drug, according to the FDA.

Despite the higher survival rate, melanoma adapts quickly, and patients saw their tumors resume growth after seven months, on average.

A six-month course of Zelboraf will cost about $56,400.

Side effects with the drug included skin rashes, joint pain, fatigue, diarrhea and hair loss. About 26 percent of patients developed a less serious form of skin cancer.

Melanoma patient advocates praised the FDA for clearing the drug well ahead of an Oct. 28 target date to complete its review.

"The FDA's quick action on this drug approval is important because it gives melanoma patients a new way to fight this deadly disease," Timothy Turnham, director of the Melanoma Research Foundation, said in a statement.

In June, Roche's Genentech agreed to study Zelboraf in combination with Bristol-Myers' Yervoy, the only other melanoma drug shown to extend life.

Zelboraf was co-developed by Roche's Genentech unit, based in South San Francisco, Calif., and Daiichi Sankyo, a Japanese drugmaker. The companies will co-promote the drug in the U.S.

Roche said Wednesday the drug would be available within two weeks.

The drug is under review in the European Union and more than a half-dozen other countries around the world.



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Monday, August 15, 2011

Studies show 15 minutes of daily exercise can help (AP)

LOS ANGELES � Don't despair if you can't fit in the recommended 30 minutes of daily exercise. Growing evidence suggests that even half that much can help.

It's still no excuse to slack off. Regular exercise strengthens muscles, reduces the risk of some diseases and promotes mental well-being. The more exercise, the better.

But not everyone has the time or willpower. So researchers set out to find the minimum amount of physical activity needed to reap health benefits. The findings by a study in Taiwan suggest just 15 minutes of moderate exercise a day can lead to a longer life.

This "may convince many individuals that they are able to incorporate physical activity into their busy lives," Dr. Anil Nigam of the University of Montreal said in an email. Nigam had no role in the research but wrote an editorial accompanying the Taiwan study published online Monday in The Lancet.

Fitness guidelines by the World Health Organization, the U.S. and other countries recommend that adults get at least a half-hour of moderate workout most days of the week. This can include brisk walking, bike riding and water aerobics.

Realizing that it might be difficult for some to break a sweat, health groups have suggested breaking it down into smaller, more manageable chunks of time such as three 10-minute spurts a day on weekdays.

The latest study, a large one led by researchers at the National Health Research Institutes in Taiwan, sought to determine if exercising less than the recommended half-hour was still helpful.

The researchers noted that east Asians � including China, Japan and Taiwan � are generally less physically active than their Western counterparts and their workouts tend to be less intense.

About 416,000 Taiwanese adults were asked how much exercise they did the previous month. Based on their answers, they were put into five groups of varying activity levels from inactive to highly active. Researchers kept track of their progress for eight years on average and calculated projected life expectancy.

The study found those who exercised just 15 minutes a day � or 90 minutes a week � cut their risk of death by 14 percent and extended their life expectancy by three years compared with those who did no exercise. Both men and women benefited equally from the minimum activity.

Each additional 15 minutes of exercise reduced the risk of death by another 4 percent compared with the inactive group. Researchers did not report how additional exercise affected life expectancy.

There were some limitations. Answers were self-reported. The study, though large, was observational, which means the health benefits may not be entirely due to exercise. But researchers said they took into account other factors that might affect health such as smoking and drinking. And outside scientists said the findings are in line with other studies.

For the sedentary, the key is this: Some exercise is better than none.

"Get off the couch and start moving," said I-Min Lee of the Harvard School of Public Health.

In a study published in Circulation earlier this month, Lee and colleagues found that people who engaged in 15 minutes a day of moderate physical activity had a 14 percent lower risk of heart disease compared with inactive people.

That research, combining the results of nearly three dozen studies of people from North America and Europe, also found that the benefit increased with more activity and may provide more motivation to the physically fit.

People should strive to do the recommended level of exercise, but should not be discouraged if they can't achieve it right away. Start slow and gradually build up.

"As inactive persons start moving, they may very well find that they become more fit" and reaching their exercise goal becomes easier, Lee said.

Until a year ago, Bernadette O'Brien, a retired principal who lives in northern New Jersey, did not make time for exercise. She would occasionally walk around her neighborhood and swim in the pool at her local gym, but she did little else.

After the 80-year-old was diagnosed with diabetes, she decided to change her habits. Now O'Brien exercises between 15 and 45 minutes a day, five days a week. She mixes up her routine with water aerobics and strength training so she won't get bored.

"I feel healthy and energetic. And my balance is pretty good," she said.

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Online:

Lancet journal: http://www.thelancet.com

U.S. guidelines: http://www.cdc.gov/physicalactivity/everyone/guidelines/adults.html

WHO guidelines: http://www.who.int/dietphysicalactivity/factsheet_recommendations/en/index.html

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Follow Alicia Chang's coverage at http://twitter.com/SciWriAlicia



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