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Spaniards sue German firm over thalidomide

Written By Unknown on Senin, 14 Oktober 2013 | 23.16

MADRID — Some 200 Spaniards born with severe defects after their mothers used the drug thalidomide during their pregnancies decades ago took the drug's German producer to court Monday to seek 204 million euros ($277 million) in compensation.

Thalidomide was a sedative prescribed between 1950 and 1960 to combat morning sickness. Thousands of children whose mothers took the drug were born with abnormally short limbs and in some cases without any arms, legs or hips. The birth defects were reported in Europe, Australia, Canada and Japan.

Some victims have won compensation cases against drug producer Gruenenthal Group's distributors in other countries, but the German company has long refused to agree to settlements. It officially apologized to victims in 2012.

Ignacio Martinez, lawyer for The Spanish Association of Thalidomide Victims, which represents some 200 alleged victims born between 1960 and 1965, told the court in Madrid that the drug's prospectus gave no warning of side effects.

When thalidomide was pulled off the market, no campaign was carried out to explain to doctors and patients its potential effects on fetuses, he said. Martinez also argued that the German company kept distributing the notorious drug in Spain six months after it was taken off the market in other countries.

Gruenenthal's lawyers rejected the compensation demand, saying the case had exceeded the statute of limitations. The German firm's representative in Spain, Guillermo Castillo, also insisted that thalidomide was withdrawn from the country in December 1961, as it was elsewhere in Europe.

The court further heard that Gruenenthal offered a total 120,000 euros in compensation to Spanish victims some years ago — an offer that was rejected.

More than 30 Spaniards bearing the effects of the drug attended the one-day trial.

"Us being alive is the best evidence, because many (victims) have already died," said Matilde Roman, 52, whose right arm was severely deformed at birth. "My mother took thalidomide, but she was illiterate and nobody explained to her the damage of this medication."

The amount being demanded as compensation is based on multiplying 20,000 euros by the level of disability per plaintiff, which is measured in percentage points. A ruling in the case is expected within a month.


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Maine blueberry crop expected to be above average

PORTLAND, Maine — Maine wild blueberry growers for the most part escaped widespread damage from a harmful new fruit fly during the summer harvest, resulting in what is expected to be an above-average crop.

Growers were bracing for the tiny spotted drosophila, a native of Asia that arrived in the U.S. five years and ago poses a threat to fruit growers.

David Yarborough, a blueberry specialist for the University of Maine Cooperative Extension, said the fly didn't become as big an issue as anticipated.

This year's harvest had been projected to be about average at 86 million pounds or so. But based on conversations with growers, Yarborough says he's now expecting the final tally to come in at about 90 million.


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SF-area transit strike averted _ at least for day

SAN FRANCISCO — A major San Francisco Bay-area transit strike was averted for at least a day after two labor unions extended contract negotiations beyond a midnight deadline and agreed not to walk off the job Monday to allow more talks.

The deal announced late Sunday about an hour before Bay Area Rapid Transit workers were set to go on strike gives the two sides a chance to work out a labor contract and hundreds of thousands of commuters at least a temporary reprieve from scrambling to find alternative ways to get around.

But the unions warned that workers will go on strike at midnight Monday if an agreement isn't reached by then.

"We are not going to go on strike because the public deserves to have a riding system that works. We will give the (transit agency) one more day to get it together," said Antonette Bryant, leader of Amalgamated Transit Union Local 1555, one of the two unions in talks with BART.

The 11th-hour announcement came after weekend-long talks to avert a second commute-crippling strike in less than three months.

BART workers went on strike for nearly five days in July and were set to do so again Friday when a cooling-off period ordered by Gov. Jerry Brown ended, but they agreed to negotiate through the weekend.

But Bryant complained that BART presented a last, final offer Sunday afternoon just as the parties came close to reaching a full agreement.

The executive director of the other union involved in the talks, Service Employees International Union Local 1021, said the parties made progress on pay, pension and health care benefits but were still at odds on issues related to work rules.

BART General Manager Grace Crunican said the "last best and final offer" presented to the unions Sunday is $7 million higher than the one presented Friday and includes a raise of 3 percent a year. She said the unions have two weeks from Sunday to accept the deal before it is taken off the table.

"We are open to any ideas over those two weeks that they may have, we will try and keep that conversation open," she said in a statement. "It is time to bring this to a close. The Bay Area is tired of going to bed at night and not knowing if BART will be open or not."

Nearly 370,000 riders take BART every weekday, and its 104 miles of track make it the nation's fifth-largest commuter rail system.

In a sign of how seriously another shutdown is looming over the region, state lawmakers from the Bay Area and Lt. Gov. Gavin Newsom dropped by the talks Sunday to encourage the two sides to reach a resolution.

Newsom, a former San Francisco mayor, told reporters he believed a deal was close.

"It would be preposterous for both sides at this stage when you're getting this close to put, at risk, your reputation and the economy of the entire region," he said.

Sticking points in the 6-month-old negotiations include salaries and workers' contributions to their health and pension plans. BART workers currently pay $92 a month for health care and contribute nothing toward their pensions — generous benefits BART management is seeking to curtail.

The unions, which represent 2,375 mechanics, custodians, station agents, train operators and clerical workers, want a raise of nearly 12 percent over three years, while BART has proposed a 10 percent increase over four years. Workers from the two unions now average about $71,000 in base salary and $11,000 in overtime annually, BART said.

Labor leaders were also pressing demands to make stations safer, such as better lighting in tunnels, bulletproof glass in agents' booths and improved restroom access.


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Greece eyes bond rollovers to cover financing gap

ATHENS, Greece — Greece's finance minister says the debt-hobbled country can cover a shortfall in its short-term financing needs by rolling over bonds held by European central banks and domestic lenders.

Yannis Stournaras says the 11 billion-euro ($15 billion) gap for 2014-15 "is not very difficult to plug after all."

Greece has depended on international bailouts since 2010. But when most of the rescue funds end next year, it will face shortfalls.

In an interview published Monday, Stournaras said the rollovers would affect 4.5 billion euros worth of bonds issued in exchange for bank shares under a liquidity program five years ago.

Stournaras told Greece's Naftemporiki financial newspaper that the problem can be fully solved if Europe's central banks honor pledges to roll over Greek worth bonds 19 billion euros.


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Microsoft's phone update to feature driving mode

NEW YORK — Microsoft is updating its Windows software for cellphones to accommodate larger devices and make it easier for motorists to reduce distractions while driving.

It's the third update to Windows Phone 8 software since the system's release a year ago. Devices with this update will start appearing in the coming weeks, and older phones will be eligible for a free upgrade, too.

Something that may appeal to motorists: a new Driving Mode will automatically silence incoming calls and texts so that you can focus on the road. You also can configure the feature to automatically send out a reply to say that you're driving.

It can be activated automatically when the phone is linked wirelessly with a Bluetooth device in the car, such as a headset. Apple has a Do Not Disturb feature for iPhones, but that needs to be turned on manually.

What the Driving Mode won't do, however, is block outgoing calls or texts. And there will be ways to override it. The feature won't stop a teenager from texting while driving, but it will help reduce distractions for those who want that, says Greg Sullivan, director for Microsoft's Windows Phone business.

The new update also will allow for better resolution to accommodate larger phones. Currently, the system supports a maximum resolution of 1280 pixels by 768 pixels, which is adequate for phones with screens no larger than 5 inches on the diagonal. But video and image quality degrades when stretched out on larger phones, such as a 6.3-inch Android phone from Samsung Electronics Co.

The layout for larger phones also will change. Phones may now sport a third column of tiles, for instance. Contact lists and other features will be able to fit in more information. That's a contrast to Android, where text and images simply get bigger with larger screens, without actually fitting in more content.

Microsoft's Windows Phone software holds a distant third place behind Apple's iOS and Google's Android, with a worldwide market share of 3.7 percent in the second quarter, according to research firm IDC. But shipments of Windows Phone devices grew 78 percent to 8.7 million in the April-to-June period, compared with the same time a year ago. The tile-based layout in Windows Phone is the inspiration for the Windows 8 software powering tablets and personal computers.

There are a few ways Microsoft Corp. will catch up to the iPhone and Android phones with the new update.

For the first time, Windows phones will have a rotation lock function, so that the screen won't switch back and forth between horizontal and vertical mode while you're curled up in bed. There also will be a central way to close open apps. Before, you had to go into each open app and press and hold the back button.

And Microsoft is launching a program to give app developers early access to the new software. Apple has had a similar program for the iOS software behind iPhones and iPads, while Google often has worked with selected developers on unreleased features.


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Amtrak carries record number of passengers

WASHINGTON — Railroad officials say Amtrak carried a record number of passengers in the year ending Sept. 30 despite Northeast service that was temporarily knocked out by Superstorm Sandy.

The nation's passenger railroad network carried 31.6 million riders during the 2013 federal budget year. Amtrak's long-distance routes recorded their best ridership in 20 years with 4.8 million passengers.

Ridership for all of Amtrak's Northeast Corridor between Boston and Washington reached 11.4 million passengers, the second-best year for the corridor. That was despite service interruptions when Superstorm Sandy slammed into New York, New Jersey and Connecticut last October, flooding tunnels and tracks.

Ticket revenues also increased to a record $2.1 billion. Amtrak relies on federal subsidies for a small share of its operating expenses.


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Markets drift as debt ceiling deadline looms

LONDON — Three days from a deadline to increase the U.S. debt ceiling, investors were fidgety Monday and stocks drifted lower.

The U.S. has to increase the amount of debt it can carry by Oct. 17 or face a possible default on its debt, a scenario that could derail the U.S. economic recovery and roil international markets.

Negotiations between Republicans and Democrats over the weekend failed to reach a conclusion either on the raising of the debt ceiling or the partial shutdown of the U.S. government, which has now entered a third week.

Despite the possible nightmare scenario of a U.S. debt default, markets have proven more resilient than many analysts thought.

"Like the fiscal cliff in 2012 and the last debt ceiling scare in 2011, the view remains that it will all work out, eventually," said Michael Ingram, market strategist at BGC Partners. "They are probably right of course, but it still feels that equity markets have been approaching this issue with unusual complacency."

In Europe, Germany's DAX was down 0.1 percent at 8,712 while the CAC-40 in France was down the same rate at 4,214. The FTSE 100 index of leading British shares was actually trading higher, up 0.2 percent at 6,498.

In the U.S., the Dow Jones industrial average was down 0.5 percent at 15,164 while the broader S&P 500 index fell the same rate to 1,696.

Despite the public holiday, developments in Washington remain the focus of attention in financial markets, with Senate leaders from both sides set for further discussions. Democratic Majority Leader Harry Reid and Republican Minority Leader Mitch McConnell spoke by phone Sunday but failed to agree on a deal to raise the nation's borrowing authority above the $16.7 trillion debt limit.

Earlier, trading in Asia was muted, with markets in Tokyo and Hong Kong closed for holidays.

Outside of those major financial centers, China's Shanghai Composite Index rose 0.4 percent to 2,237.77 while South Korea's Kospi was off 0.2 percent at 2,020.27. Australia's S&P/ASX 200 shed 0.4 percent to 5,207.90.

Trading was also subdued in other financial markets. In currencies, the euro was up 0.3 percent at $1.3588 while the dollar fell 0.1 percent to 98.12 yen. In the oil markets, a price of benchmark New York crude was down 53 cents at $101.47 a barrel.


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High court weighs Mich. ban on affirmative action

WASHINGTON — After the Supreme Court ruled a decade ago that race could be a factor in college admissions in a Michigan case, affirmative action opponents persuaded the state's voters to outlaw any consideration of race.

Now, the high court is weighing whether that change to Michigan's constitution is itself discriminatory.

It is a proposition that even the lawyer for civil rights groups in favor of affirmative action acknowledges a tough sell, at first glance.

"How can a provision that is designed to end discrimination in fact discriminate?" said Mark Rosenbaum of the American Civil Liberties Union. Yet that is the difficult argument Rosenbaum will make on Tuesday to a court that has grown more skeptical about taking race into account in education since its Michigan decision in 2003.

A victory for Rosenbaum's side would imperil similar voter-approved initiatives that banned affirmative action in education in California and Washington state. A few other states have adopted laws or issued executive orders to bar race-conscious admissions policies.

Black and Latino enrollment at the University of Michigan has dropped since the ban took effect. At California's top public universities, African-Americans are a smaller share of incoming freshmen, while Latino enrollment is up slightly, but far below the state's growth in the percentage of Latino high school graduates.

The case is the court's second involving affirmative action in as many years. In June, the justices ordered lower courts to take another look at the University of Texas admissions plan in a ruling that could make it harder for public colleges to justify any use of race in admissions.

For Michigan Attorney General Bill Schuette, whose office is defending the measure known as Proposal 2, the case is simple.

"We are saying no preferences. We're not discriminating. We're saying equal treatment," Schuette said.

But the federal appeals court in Cincinnati that ruled on the dispute concluded that the matter was not that straightforward.

The issue, according to the 6th U.S. Circuit Court of Appeals, was not affirmative action, but the way in which its opponents went about trying to bar it.

That is why the ACLU's Rosenbaum said, "This is a case about means, not about ends. It is not about whether a state can choose not to have" affirmative action.

In its 8-7 decision, the appeals court said the provision runs afoul of the Equal Protection Clause of the U.S. Constitution's 14th Amendment because it presents an extraordinary burden to affirmative action supporters who would have to mount their own long, expensive campaign to repeal the constitutional provision.

That burden "undermines the Equal Protection Clause's guarantee that all citizens ought to have equal access to the tools of political change," Judge R. Guy Cole Jr. wrote for the majority on the appeals court.

The governing boards at the University of Michigan, Michigan State University and other public colleges set admissions policies at the schools, which included the use of affirmative action before the amendment passed.

Other groups seeking changes in admissions still could lobby the policymakers at the schools. Only proponents of affirmative action would have to change the constitution, the appeals court said.

The appeals court vote broke along party lines, and there were other oddities. Two Republican-appointed judges sat out the case because of their ties to Michigan schools. One judge in the majority, Martha Craig Daughtrey, is a senior judge and typically would not be allowed to take part in the full appeals court hearing. But she sat on the original three-judge panel that heard the case.

Civil rights and education experts who are not involved in the case at the high court said they expect the justices to overturn the 6th Circuit ruling.

Harvard University Law School professor Tomiko Brown-Nagin said five of the Supreme Court justices "are skeptical of race-conscious affirmative action" and could be expected to side with Michigan. Those justices are Chief Justice John Roberts, Samuel Alito, Anthony Kennedy, Antonin Scalia and Clarence Thomas.

But Brown-Nagin said impact of such a ruling would be muted because "affirmative action already is on life support."

Peter Kirsanow, a Republican member of the U.S. Commission on Civil Rights and an opponent of racial preferences, was more blunt. "I would eat a copy of the 14th Amendment if in fact the court upholds the 6th Circuit's decision," Kirsanow said.

Justice Elena Kagan will not take part in the Michigan case, just as she excused herself from last term's case about the University of Texas admissions program. Kagan worked on the cases while serving in the Justice Department before she joined the court.

The case is Schuette v. Coalition to Defend Affirmative Action, 12-682.

___

Follow Mark Sherman on Twitter at: http://www.twitter.com/shermancourt


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3 US economists win Nobel for work on asset prices

STOCKHOLM — Three American professors won the Nobel prize for economics Monday for shedding light on how stock, bond and house prices move over time— work that's changed how people around the world invest.

Two of the winners — Eugene Fama, 74, and Lars Peter Hansen, 60 — teach at the University of Chicago. The third, Robert Shiller, 67, is a professor at Yale University and is well-known as a creator of the well-known Case-Shiller index of home prices.

The three economists were honored for separate research that collectively expanded the understanding of asset prices.

Beginning in the 1960s, Fama showed that prices change so quickly and efficiently to reflect new information that investors can't outperform markets in the short term. This was a breakthrough that helped popularize index funds, which invest in broad market categories instead of trying to pick individual winners.

Two decades later, Shiller reached a separate conclusion: That over the long run, markets can often be irrational, subject to booms and busts and the whims of human behavior. The Royal Swedish Academy of Sciences noted that the two men's findings "might seem both surprising and contradictory."

Hansen developed a statistical method to test theories of asset pricing.

The three economists shared the $1.2 million prize, the last of this year's Nobel awards to be announced.

"Their methods have shaped subsequent research in the field and their findings have been highly influential both academically and practically," the academy said.

Monday morning, Hansen said he received a phone call from Sweden while on his way to the gym. He said he wasn't sure how he'll celebrate but said he was "still working on taking a deep breath."

Shiller, famous for having warned against the bubbles in technology stocks and housing that burst over the past two decades, said he responded with disbelief when he received a phone call about the Nobel.

"People told me they thought I might win," Shiller told The Associated Press. "I discounted it. Probably hundreds have been told that."

Of the three winners, Fama was the first to expand the knowledge of how asset prices move. His work helped revolutionize investing by illustrating how hard it was to predict the movement of individual stock prices in the short run. It was a finding that spurred wider acceptance of index funds as an investment tool.

Shiller showed that in the long run, stock and bond markets tend to behave more irrationally than economic fundamentals would suggest. That encouraged the creation of institutional investors, such as hedge funds, that take bets on market trends.

In the late 1990s, Shiller argument the stock market was overvalued.

"And lo and behold, he was proven right" when the dot-com bubble burst in 2000, said Nobel committee secretary Peter Englund.

"He also predicted for a long time that the housing market was overvalued, and again he was proven right," Englund said. The U.S. housing market suffered a crash in 2007 that helped fuel the global financial crisis.

Englund said he believes the three laureates agree on the findings for which they were awarded, even though Fama and Shiller have different "interpretations of the real world."

"It's no secret that for Eugene Fama, the sort of null hypothesis is that markets work well and he is willing to believe that until he is proven otherwise, whereas for Robert Shiller, I think his null hypothesis is that there are periods of excessive optimism and pessimism," Englund said.

The Case-Shiller index, a leading measure of U.S. residential real estate prices, was developed by Shiller and Karl Case, a Wellesley College economist.

In the 1980s, Hansen developed a statistical method to better assess theories such as those of Fama and Shiller.

"These are three very different kinds of people, and the thing that unites them all is asset pricing," says David Warsh, who tracks academic economists on his Economic Principals blog.

Fama said his work came at a time when computers were starting to be used by statisticians and economists. Many of them were studying stock prices because they were the most easily available data.

On Monday morning, Fama was preparing to teach his first class as a Nobel laureate. Asked whether his students would get any break, he said: "We'll see, but they're going to get an exam tomorrow anyway. They paid their money; they're going to get the full pill."

Shiller noted that if regulated properly, global finance is "at the core of our civilization."

"It seems to some people, it's selfish and money-grubbing," he said. "It doesn't really have to be that way. The financial crisis we've been through is traumatic, but we're learning from it."

For example, he said many students from other countries are able to study in the United States because of financial aid made possible by investments. He also noted that the Consumer Financial Protection Bureau, established as a result of the recession, is holding finance to higher standards.

Americans have dominated the Nobel in economics in recent years. The last time there was no American among the winners was 1999.

The Nobel prizes in medicine, chemistry, physics, literature and peace were created by Swedish industrialist Alfred Nobel in 1895. Sweden's central bank added the economics prize in 1968 as a memorial to Nobel.

This year's Nobel science prizes awarded ground-breaking research on how molecules move around inside a cell, particle physics and computer modeling of chemical reactions. Canadian short-story writer Alice Munro won the Nobel Prize in literature and the Organization for the Prohibition of Chemical Weapons was awarded the Nobel Peace Prize.

All awards will be presented to the winners amid royal pageantry on Dec. 10, the anniversary of Nobel's death in 1896.

___

Associated Press writers Stephen Singer in Hartford, Conn., Paul Wiseman in Washington and Don Babwin and Ashley Heher in Chicago, contributed to this report.


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Portugal's government wants to trim corporate tax

LISBON, Portugal — Bailed-out Portugal's government wants approval from Parliament to trim the corporate tax rate to 23 percent from 25 percent next year as a way of generating economic growth.

Portugal is expected to weather a third straight year of recession this year. Unemployment is at 16.5 percent and forecast to rise.

Austerity measures being enacted as part of a 78 billion euro ($106 billion) financial rescue in 2011 have choked private spending and corporate investment.

The secretary of state for tax, Paulo Nuncio, announced Monday plans for a gradual reduction of corporate tax, reaching a rate of between 17 and 19 percent by 2016.

He said the measure, which is part of the government's 2014 budget proposal to be debated by lawmakers, aims to attract more foreign investment and create jobs.


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