First Edition: September 17, 2019
Today's early morning highlights from the major news organizations.
California Healthline:
Longtime Crusader Against OxyContin Begins To See The Fruits Of Her Struggle
In the 15 years since she lost her son to a single OxyContin pill, Barbara Van Rooyan has had but one up-close look at the people representing the company that made it.It was in a small courthouse in Abingdon, Va., where Van Rooyan and other relatives of OxyContin victims gathered for a sentencing hearing in 2007. Three executives of Purdue Pharma had pleaded guilty to federal charges related to their misbranding and marketing of the powerful opioid. The company had pleaded guilty as well. (Kreidler, 9/16)
Kaiser Health News:
Obesity Stigma And Yo-Yo Dieting, Not BMI, Are Behind Chronic Health Conditions, Dietitian Claims
In a recent New York Times opinion column, dietitian Christy Harrison, an “intuitive eating coach” and author, responded to a fellow clinician who had questioned some of her thoughts on the link between being overweight and developing other medical conditions. Harrison noted that although most health professionals have been taught that higher body mass index (BMI) causes poor health outcomes, she wrote, “unfortunately, that just isn’t true.” (Appleby, 9/17)
The Hill:
House Panel Investigating Private Equity Firms' Role In Surprise Medical Billing
The bipartisan leaders of the House Energy and Commerce Committee are launching an investigation into what role private equity firms may play in the problem of patients getting stuck with massive “surprise” medical bills. Reps. Frank Pallone Jr. (D-N.J.) and Greg Walden (Ore.), the panel’s chairman and top Republican, respectively, sent letters on Monday to three private equity firms that own physician staffing companies. (Sullivan, 9/16)
Modern Healthcare:
House's Surprise Medical Bills Inquiry Turns To Private Equity Firms
"Evidence indicates that these physician-staffing firms charge significantly higher in-network rates than their counterparts, thereby driving reimbursement upwards as they enter into staffing arrangements with hospitals," Pallone and Walden wrote to the CEOs. "We are concerned about the increasing role that private equity firms appear to be playing in physician staffing in our nation's hospitals, and the potential impact these firms are having on our rising healthcare costs." (Luthi, 9/16)
The Associated Press:
Back To Basics: Congress Tries To Keep Government Lights On
The good news is that it doesn't look like a bitterly polarized Washington will stumble into another government shutdown. But as Democrats controlling the House unveil a stopgap, government-wide spending bill to keep the lights on and pay the troops, there's scant evidence that power sharing in the Capitol will produce further legislative accomplishments anytime soon. (Taylor, 9/17)
The Hill:
Top Conservative Presses VA On Allegations Of Retaliation Against Employees Protecting Whistleblowers
Rep. Andy Biggs (R-Ariz.) on Monday raised concerns over allegations of wrongdoing and retaliation against employees working to protect whistleblowers at the Department of Veterans Affairs (VA). In a letter sent to VA Secretary Robert Wilkie, the incoming House Freedom Caucus chairman said he was approached by two high-profile employees in the agency's Office of Accountability and Whistleblower Protection (OAWP) alleging they have been the victims of retaliatory acts. (Brufke, 9/16)
The Associated Press:
Can Purdue Pharma’s Opioid Settlement Win Judge’s Approval?
OxyContin maker Purdue Pharma has embarked on a multibillion-dollar plan to settle thousands of lawsuits over the nation’s deadly opioid crisis by transforming itself in bankruptcy court into a sort of hybrid between a business and a charity. Whether the company can pull it off remains to be seen, especially with about half the states opposed to the deal. (Mulvihill and Leblanc, 9/16)
The New York Times:
Would A Purdue Bankruptcy Protect The Sacklers? Good Question.
Will the Purdue bankruptcy also shield the Sacklers from litigation? That’s the mega-billion-dollar question. The answer is not clear. Purdue will ask for a halt to lawsuits against so-called related parties — an obvious reference to individual Sacklers who have been sued in a growing number of cases because of their past roles with Purdue. (Hoffman, 9/16)
The Wall Street Journal:
Purdue Pharma Looks To Extend Bankruptcy Shield To Sacklers
Hours after seeking bankruptcy protection for the company Sunday night, Purdue’s lawyers said they would ask a judge to issue an injunction that would halt legal hostilities from attorneys general who won’t sign on to a settlement the drugmaker has offered. The company’s owners, members of the wealthy Sackler family, are entitled to a shield from litigation, Purdue said it would argue. Government claims against the Sacklers, as well as Purdue’s directors and officers, are “inextricably intertwined” to litigation with the company directly, it said. (Brickley and Randazzo, 9/16)
Reuters:
Factbox: What's Next For OxyContin Maker Purdue Pharma
Supporters of Purdue's plan to restructure under terms of a settlement the company values at more than $10 billion include 24 states and five U.S. territories, as well as lead lawyers for more than 2,000 cities, counties and other plaintiffs suing the company and, in some cases, its controlling Sackler family. On the other side are two dozen states that remain opposed or uncommitted to the proposed settlement, setting the stage for contentious legal battles over who bears responsibility for a public health crisis that has claimed the lives of nearly 400,000 people between 1999 and 2017, according to the latest U.S. data. (Spector, 9/16)
Reuters:
Factbox: The U.S. Opioid Epidemic In The Courts
As opioid-related deaths have soared, thousands of lawsuits have been filed seeking damages from drugmakers and distributors. The following is a summary of where and how the opioid litigation is playing out across the United States. (Pierson, 9/16)
Reuters:
Opioid Plaintiffs Fight Bid To Disqualify U.S. Judge Before Trial
Lawyers for cities and counties suing drug companies over the opioid epidemic on Monday objected to a bid by pharmaceutical distributors and pharmacies to disqualify the federal judge overseeing the cases, saying it had no basis and came too late. The plaintiffs' lawyers moved swiftly to fight the request companies including AmerisourceBergen Corp, Cardinal Health Inc and McKesson Corp had made on Saturday for U.S. District Judge Dan Polster in Cleveland, Ohio, to step aside from the litigation. (Raymond, 9/16)
The Associated Press:
California Campaign Will Warn Public Of Vaping Dangers
California will spend $20 million on a public awareness campaign about the dangers of vaping nicotine and cannabis products and step up efforts to halt the sale of illicit products amid a rise in vaping-related illnesses. Democratic Gov. Gavin Newsom announced the actions Monday as part of an executive order. (Ronayne, 9/16)
Reuters:
California Governor Acts To Confront 'Epidemic' Of Youth Vaping
An executive order the Democratic governor signed also directs state agencies to devise plans to remove illegal and counterfeit vaping products from sale and recommendations for health warnings that retailers and advertisers of vaping products would be required to post. Newsom also signed legislation tightening age verification requirements for the sale of tobacco products, including e-cigarettes. (Gorman, 9/16)
The New York Times:
California To Target Counterfeit Vaping Products
Mr. Newsom indicated he would have liked to go further in his actions against vaping products during remarks in Sacramento on Monday. But he said it did not appear he could instate an outright ban on e-cigarette products without legislative action. “The fact is, they should be banned,” he said. “I would like to see that bill on my desk and I would like to sign a bill to eliminate the legal use of flavored e-cigarettes.” (Del Real, 9/16)
The Wall Street Journal:
California Governor Joins Ranks Of Those Wanting To Ban Flavored E-Cigarettes
Mr. Newsom’s actions came shortly after New York state officials said they were planning emergency regulations to ban the sale of flavored e-cigarettes to stem a rise in teenage vaping. The move by New York followed a ban in Michigan and an announcement last week by the Trump administration that it intended to pull vaping products off the market except for those formulated to taste like tobacco. (Lazo, 9/16)
Los Angeles Times:
California Gov. Gavin Newsom Takes Action On Vaping And E-Cigarettes
Jim Knox, director of the American Cancer Society Cancer Action Network in California, said he was disappointed that Newsom’s executive action didn’t go further by imposing an immediate ban, but he was encouraged by the governor’s vow to seek one. “These proposals are helpful. It’s encouraging that the governor has recognized this as public health crisis and understands the need to do something about it,” Knox said. “We know what’s driving this crisis. It’s flavored tobacco. We have to get flavored tobacco off store shelves.” (Willon, 9/16)
Politico:
Juul’s Greatest Threat Isn’t Trump
Several California cities are swiftly moving beyond flavored vape bans to outlaw e-cigarette sales entirely, following in the footsteps of Juul’s hometown of San Francisco. It’s a sign that the Trump administration’s crackdown on the fast-growing vaping industry could be just the start of its problems. (Colliver, 9/17)
The Associated Press:
As Illnesses Spread, Fake Vape Gear Sells On LA Streets
A short walk from police headquarters in the heart of downtown Los Angeles, a cluster of bustling shops are openly selling packaging and hardware that can be used to produce counterfeit marijuana vapes that have infected California's cannabis market. Bootleggers eager to profit off unsuspecting consumers are mimicking popular, legal vape brands, pairing replica packaging churned out in Chinese factories with untested, possibly dangerous cannabis oil produced in the state's vast underground market. (Blood, 9/17)
Reuters:
U.S. CDC Activates Emergency Operations Center For Vaping-Related Illnesses
The U.S. Centers for Disease Control and Prevention (CDC) said on Monday it has activated its emergency operations center to coordinate the investigation into hundreds of cases of severe lung illnesses linked to e-cigarette use. The CDC's Emergency Operations Center offers a central command post where teams of trained disease experts track public health emergencies, share information and coordinate the responses. (9/16)
The Associated Press:
Retailers Scramble As NY Moves To Ban Flavored E-Cigarettes
Vape shops in New York are scrambling to respond to Gov. Andrew Cuomo’s plan to prohibit the sale of flavored vaping products — a ban poised to take effect Tuesday. Cuomo, a Democrat, proposed the ban on Sunday . The emergency regulation will take effect immediately if approved as expected Tuesday by the state’s Public Health and Health Planning Council. Retailers will be given two weeks to remove merchandise from their shelves. (Klepper and Peltz, 9/18)
The Washington Post:
Vape Shop Ban: Montogmery Proposes No Vape Shops, E-Cigarettes Near Schools
Maryland’s largest jurisdiction will introduce legislation Tuesday to restrict access to e-cigarettes for young adults and teenagers, joining a wave of jurisdictions trying to address underage vaping. The bills include a zoning amendment that would prohibit vaping shops within a half-mile of any middle or high school, and a ban on manufacturers distributing e-cigarettes to retail stores in those areas. (Tan, 9/16)
The Associated Press:
Legal Challenge Filed To Public Charge Rule
An organization advocating for low-wage immigrants has filed a legal challenge to a Trump administration rule that may deny green cards to immigrants who use public services. Georgetown Law school's Institute for Constitutional Advocacy and Protection and CASA filed a legal challenge in U.S. federal court Monday. Lawyers say changes to the so-called "public charge" rule violate due process under the U.S. Constitution. (9/16)
Politico:
Trump Spurns Dems On Universal Background Checks
President Donald Trump will not consider the House-passed universal background checks bill as part of his proposed gun package, according to a source familiar with the conversation on guns. Trump’s position on the House-passed bill is not exactly a surprise. The White House issued a veto threat against the bill in February. House Speaker Nancy Pelosi (D-Calif.) and Senate Minority Leader Chuck Schumer (D-N.Y.) have called on Trump repeatedly to bring up the House-passed universal background checks bill. (Levine, 9/16)
The Washington Post:
‘Nobody Needs A 100-Round Magazine’: Va. GOP Candidate Backs Gun Control
A Republican running for the Virginia House of Delegates is calling for stricter gun control, a message at odds with GOP leadership and virtually every Republican officeholder in the state. In a TV ad that begins airing Tuesday, Mary Margaret Kastelberg calls for more background checks, limits on magazine size and a “red flag” law that would allow authorities to temporarily take guns away from people deemed a danger to themselves or others. “Nobody needs a 100-round magazine,” said the first-time candidate who is running for a suburban Richmond seat. (Vozzella, 9/16)
ProPublica:
Millions Of Americans’ Medical Images And Data Are Available On The Internet. Anyone Can Take A Peek.
Medical images and health data belonging to millions of Americans, including X-rays, MRIs and CT scans, are sitting unprotected on the internet and available to anyone with basic computer expertise. The records cover more than 5 million patients in the U.S. and millions more around the world. In some cases, a snoop could use free software programs — or just a typical web browser — to view the images and private data, an investigation by ProPublica and the German broadcaster Bayerischer Rundfunk found. (Gillum, Kao and Larson, 9/17)
Stat:
How AARP Became The Drug Industry's Biggest Opponent In Washington
As beachgoers soaked up the sun on a balmy August day in Ocean City, Md., single-engine planes circled above trailing banners hawking seafood deals, happy hour specials, and in one case, a plea: “CUT DRUG PRICES NOW,” the sprawling streamer begged in block letters. Some 450 miles away in Charlotte, N.C., an ominous TV ad proclaimed: “The big drug companies have been price gouging us for years.” A similar message boomed during commercial breaks in Phoenix, Louisville, Ky., and Bangor, Maine, too. (Florko, 9/17)
Stat:
Reeve Foundation, Like Other Medical Charities, Will Take A Page From VCs
Nonprofits seeking to advance medical research have long operated from a standard playbook, soliciting grant proposals from academic scientists and then funding the most promising ones. But, increasingly, medical philanthropies are going the way of venture capitalist firms by making equity investments in therapeutics companies. The latest example? The Christopher & Dana Reeve Foundation, which announced Tuesday that it wants to raise a $50 million fund to start investing in companies working on treatments for spinal-cord injuries. (Robbins, 9/17)
The Associated Press:
Oklahoma Judge Refuses To Halt Ban On Abortion Procedure
An Oklahoma judge is refusing to halt a ban on a common second-trimester abortion procedure following a ruling that abortion rights proponents have decried as a “rogue” decision that could threaten women’s reproductive rights. Oklahoma County District Court Judge Cindy Truong on Monday denied a motion for a temporary injunction that would keep the law from taking effect while the case continues. (9/16)
NPR:
Austin, Texas, Helps Defray Abortion's Extra Costs For Low-Income Residents
Austin is about to become the first city in the U.S. to fund groups that help women who seek abortions pay for related logistical costs, such as a babysitter, a hotel room or transportation. The move is an effort to push back against a new Texas law that went into effect Sept. 1. The state law bans local governments from giving money to groups that provide abortions — even if that money doesn't pay for the actual procedure. (Lopez, 9/17)
The Associated Press:
Indiana Lawmakers Seek Probe Of Ex-Abortion Doctor's Clinics
Indiana's attorney general said Monday that he will work with his Illinois counterpart to investigate what he called the "grisly discovery" of more than 2,000 medically preserved fetal remains at the Illinois home of a late doctor who performed abortions in Indiana. Republican Attorney General Curtis Hill said he and Democratic Illinois Attorney General Kwame Raoul have "agreed to work together" as Hill's office coordinates an investigation of the remains found at the home of Dr. Ulrich Klopfer, who died Sept. 3. (9/16)
The Associated Press:
Many US Women Say 1st Sexual Experience Was Forced In Teens
The first sexual experience for 1 in 16 U.S. women was forced or coerced intercourse in their early teens, encounters that for some may have had lasting health repercussions, a study suggests. The experiences amount to rape, the authors say, although they relied on a national survey that didn’t use the word in asking women about forced sex. (Tanner, 9/16)
Los Angeles Times:
About 1 In 16 U.S. Women Say They Were Forced Or Coerced Into Losing Their Virginity
Almost 7% of women surveyed said their first sexual intercourse experience was involuntary. It occurred when they were 15 years old, on average, and the man was often several years older. Almost half of the women who said intercourse was involuntary said they were held down, and slightly more than half of them said they were verbally pressured to have sex against their will. (Tanner, 9/16)
NPR:
When First Sexual Experience Is Forced, Long-Term Health Problems Can Result
"It's quite alarming, and that's just the tip of the iceberg because this study is only including women aged 18 to 44," says Dr. Laura Hawks, the main author of the new study and a research fellow at the Cambridge Health Alliance, a health care provider in Cambridge, Mass. "You can imagine that if we asked this of women of all ages, the absolutely number would be many millions higher." (Chatterjee, 9/16)
The New York Times:
A Shadowy Industry Group Shapes Food Policy Around The World
When the Indian government bowed to powerful food companies last year and postponed its decision to put red warning labels on unhealthy packaged food, officials also sought to placate critics of the delay by creating an expert panel to review the proposed labeling system, which would have gone far beyond what other countries have done in the battle to combat soaring obesity rates. But the man chosen to head the three-person committee, Dr. Boindala Sesikeran, a veteran nutritionist and former adviser to Nestle, only further enraged health advocates. (Jacobs, 9/16)
The Associated Press:
No New Measles Cases Reported In Fading US Outbreak
The nation's worst measles epidemic in 27 years could be in its final stages as a week went by with no new reported cases. "To get to zero is tremendously encouraging," said Jason Schwartz, a Yale University expert on vaccination policy. The current epidemic emerged about a year ago and took off earlier this year, with most of the cases reported in Orthodox Jewish communities in and around New York City. (9/16)
Stat:
Couple Stole Trade Secrets From U.S. Children’s Hospital To Market Their Chinese Biotech, Prosecutors Say
Federal prosecutors have charged a San Diego couple with stealing trade secrets from an American children’s hospital, only then to allegedly use the information to market their Chinese biotechnology company. Yu Zhou, 49, and his wife, Li Chen, 46, worked for Nationwide Children’s Hospital in Dayton, Ohio, until just under two years ago, prosecutors said Monday. The couple worked at the hospital in separate research labs for a decade, and founded a biotech company in China in 2015 that relied on many of the same technological and scientific advances. (Facher, 9/16)
The Wall Street Journal:
Effort To Stem Deaths Among Children Falls Short Of Goals, Report Says
Nearly two-thirds of children in developing countries live in villages, cities or regions where deaths under 5 years of age aren’t declining rapidly enough to meet United Nations goals, according to a new report released Tuesday. The findings come from “Goalkeepers,” an annual report card published by the Bill & Melinda Gates Foundation on the progress countries are making to achieve the Sustainable Development Goals—targets for 2030 agreed on by U.N. member countries. (McKay, Rust, Ruiz and Ulick, 9/17)
The Washington Post:
Meningitis B Is Rare But Can Be Deadly. There Is A Vaccine, But It's Optional.
The first clue Aracelly Bibl had that something was wrong with her 18-year-old son in February was when his girlfriend called at 8:23 p.m. and said he had a mysterious red rash all over his chest, a fever and flulike muscle aches. “Take him to the ER,” Bibl told her. The next call came from the emergency-room nurse at 10 p.m. asking Bibl to come to the hospital immediately. Doctors suspected her son, Joseph Clouse, had meningitis B, a deadly bacterial infection of the lining of the brain and spinal cord, and had started treating him with IV antibiotics. (Richards, 9/16)
The Washington Post:
Sleeping On Back May Not Lead To Worse Pregnancy Outcomes
Although doctors often tell pregnant women it’s safest to sleep on their left side, a new study suggests sleeping in other positions may not be a problem. Researchers examined data on outcomes for 8,709 pregnant women who completed at least one sleep questionnaire before they reached 30 weeks’ gestation. Overall, 1,903 women, or 22 percent, experienced serious complications like dangerously high blood pressure, stillbirth or a newborn small for its gestational age. (Rapaport, 9/17)
The Associated Press:
Oklahoma Prison Violence Appears Gang-Related, Coordinated
Weekend fights at six Oklahoma prisons that left one inmate dead and more than a dozen others injured were apparently coordinated and the result of race-based gang tension inside the facilities, the head of a prison workers association said Monday. The first fight erupted Saturday at the Northeast Oklahoma Correctional Center in Vinita, in the northeast of the state. (Murphy, 9/16)
The Wall Street Journal:
Connecticut Governor Ned Lamont Plans To End Religious Exemption For Vaccinations
Connecticut Gov. Ned Lamont said on Monday that the state should join a handful of others that require minors to receive vaccinations for preventable diseases, eliminating most exceptions to vaccination. “The more children who receive their vaccinations, the safer it is for everyone, especially those who may be at risk to catch serious diseases,” Mr. Lamont said in a statement. But if a parent decides not to vaccinate “then alternate decisions must be made about where to educate your children,” he said. (West, 9/16)
Los Angeles Times:
80,000-Plus Kaiser Workers May Strike Oct. 14, But Talks Continue
Unions representing more than 80,000 Kaiser Permanente workers said their members will participate in a weeklong strike starting Oct. 14 to protest the company’s labor practices. The healthcare giant’s workers will strike in California and five other states as well as the District of Columbia, the unions said. The strike will affect employees with jobs as optometrists, a variety of technicians, clinical laboratory scientists, housekeepers and hundreds of other positions — largely those who are not doctors, registered nurses or mental health workers. (Hussain, 9/16)
The Associated Press:
Lawyer: Ex-Wisconsin Nurse To Plead Guilty To Hurting Babies
A defense attorney says a former Wisconsin nurse is prepared to plead guilty to hurting infants in a Madison hospital's intensive care unit. Forty-three-year-old Christopher Kaphaem faces 19 felony child abuse counts involving nine infants. WKOW-TV reports Kaphaem's attorney, Jonas Bednarek, notified the court of the plea in a letter Monday. (9/16)
Los Angeles Times:
Activists Study Where Homeless Could Sleep Under L.A. Plan
When Los Angeles City Councilman Mitch O’Farrell laid out a proposal that would bar people from sleeping on streets and sidewalks near schools, parks and other targeted facilities, local activists lined up at a City Hall hearing to denounce the idea and showed up at O’Farrell’s home in Glassell Park to protest. Now they have taken to the streets again — this time with pens and maps. (Reyes, 9/16)