Wall Street Week Ahead: Going off "cliff" with a bungee cord

NEW YORK (Reuters) - The 1987 crash. The Y2K bug. The debt ceiling debacle of 2011.


All these events, in the end, turned out to be buying opportunities for stocks. So will the "fiscal cliff," some investors say as they watch favorite stocks tumble during the political give-and-take happening in Washington.


The first round of talks aimed at avoiding the "fiscal cliff" caused a temporary rise in equities on Friday, signaling Wall Street's recent declines could be a buying opportunity. The gains were small and sentiment remains weak, but it suggests hope for market bulls.


Though shares ended moderately higher on Friday, it was not enough to offset losses for the week. The S&P was down 1.5 percent, while both the Dow and the Nasdaq fell 1.8 percent.


The S&P 500 is down more than 5 percent in the seven sessions that followed President Barack Obama's re-election. Uncertainty arose as attention turned to Washington's task of dealing with mandated tax hikes and spending cuts that could take the U.S. economy back into recession.


Some see the market's move as an overreaction to hyperbolic headlines about policy gridlock in Washington, believing stocks may start to rebound in what should be a quiet few days ahead of the Thanksgiving holiday next Thursday.


"It just doesn't seem to make any sense that you suddenly wake up the day after the election and realize we've got a fiscal cliff," said Krishna Kumar, partner at New York hedge fund Goose Hollow Alpha Advisors.


Not long ago the S&P was on target for its second-best year in the last 10, riding a 17 percent advance in 2012. That's been halved to about 8 percent, which isn't bad but disappointing compared with just a month ago.


Investors have been selling the year's winners. Apple is down 25 percent from its peak above $700. General Electric is down 14 percent; Google has lost 16 percent. Overall, the stocks that make up the top 10 percent of performers in the month prior to Election Day have been the worst performers since, according to Bespoke Investment Group of Harrison, New York.


"I think it's a good opportunity to be long stocks at these levels," said Kumar.


Hikes on capital gains and dividend taxes are on the line, and Obama has dug in his heels on what he sees as a mandate to make the tax code more progressive.


He seems to have the upper hand in dealings with Congress because Republican lawmakers don't want to see tax rates increase, which is what will happen if no solution is found by the beginning of 2013. Republicans don't want to take the blame for driving the economy over the cliff.


The current crisis is similar to last year's fight to raise the U.S. debt ceiling, which led to the downgrade of the United States' top credit rating in early August 2011.


During the dealings, the S&P 500 lost 18.8 percent between its peak in July 2011 and its bottom in August. As the market slid, the political standoff badly hurt investors' confidence in Washington, setting off a spike in volatility.


In the end a deal was announced that raised the ceiling and put off longer-term fiscal decisions until January 1, 2013, setting the stage for today's "fiscal cliff" crisis.


After staying flat through September 2011, the S&P 500 jumped 31 percent between its October low and the end of March.


BUY THE DIP?


Gridlock in Washington and all that could possibly go wrong with the economy if a deal is not reached have grabbed the headlines, but the negotiations leave room for stock market gains. Congressional leaders said Friday they will work through the Thanksgiving holiday recess to find a solution.


"The debate over how to solve (the fiscal cliff) may be more productive than is commonly recognized," said Brad Lipsig, senior portfolio manager at UBS Financial Services in New York.


"The U.S. is facing a major debt overhang, and serious steps toward addressing it might ultimately be viewed as a positive for future growth," he said. "The market may recognize this and, after a time of hand wringing, recover from the concerns with a renewed sense of optimism."


The recent selling took the S&P 500's relative strength index - a technical measure of internal strength - below 30 this week, indicating the benchmark is oversold and due for a rebound.


The RSI in four of the 10 S&P sectors - utilities, telecoms, consumer staples and technology - is below 30 and the highest RSI reading, for the consumer discretionary sector, is below 40, suggesting a bounce is in store.


"What I want to do is what we did during the decline following the budget negotiations in the summer of 2011: The lower the stock market goes, the more I want to own stock," said Brian Reynolds, chief market strategist at New York-based Rosenblatt Securities.


"If we go off the cliff it will be with a bungee cord attached," he said.


KEEP CALM AND HEDGE


Volatility is expected to rise through the end of November and to spike in late December if no agreement on the fiscal cliff is reached in Congress. Alongside comes opportunity for those with high risk tolerance.


"Recently, volatility has increased in the market overall. You can't really pick it up in the VIX yet, but I think as we get through November, I think you're likely to see the VIX be at a relatively higher level," said Bruce Zaro, chief technical strategist at Delta Global Asset Management in Boston.


In 2011, the VIX averaged 19.2 in July and 35 in August. So far this month the average is 17.8 and it is expected to spike if negotiations on the cliff drag into late next month.


"Looking at the range of possibilities, I would say any of them would be better than sitting here waiting. I would even put going off the fiscal cliff in that category," said Jill Cuniff, president of Seattle-based Edge Asset Management Inc, which manages about $20 billion.


"But we don't believe Congress will let that happen; there's going to be some middle ground here."


(Reporting by Rodrigo Campos and Jonathan Spincer, additional reporting by Caroline Valetkevitch; Editing by Kenneth Barry)


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Israel Destroys Hamas Prime Minister’s Office


Bernat Armangue/Associated Press


A Palestinian man walked among debris after an Israeli airstrike on Saturday at the Gaza City office of Ismail Haniya, the prime minister of Hamas.










JERUSALEM — Israel retaliated for Palestinian rocket attacks on Tel Aviv and Jerusalem with five airstrikes before dawn Saturday on the Gaza City offices of Ismail Haniya, the prime minister of Hamas — the militant Islamist group that governs Gaza.




The military said it had struck more than 200 targets overnight, including scores of underground rocket launchers and smuggling tunnels in Rafah, on the Gaza-Egypt border. Along with Mr. Haniya’s headquarters, which was destroyed, the military said in a statement that it had struck the Hamas police and homeland security headquarters, and the house of a Hamas commander, Ahmed Randor.


Seven Hamas militants were killed Saturday morning in two separate attacks — four in Rafah, and three in the Al Maghazi refugee camp, in the middle of the Gaza Strip, Hamas said.


Explaining the Israeli rationale for moving from attacking purely militant targets to government buildings in Gaza, Mark Regev, a spokesman for Prime Minister Benjamin Netanyahu, said on Saturday, “It is clear that Hamas itself makes no distinction between its terrorist military machine and the government structure and that they are intertwined.


“We have seen Hamas consistently using so-called civilian facilities for the purposes of hiding their terrorist military machine, including weapons,” he added.


About 30 rockets were fired from Gaza into southern Israel on Saturday morning, one landing in the yard of a house. Three soldiers were slightly injured by one of the rockets, the Israeli military said.


Despite the fighting, Foreign Minister Rafik Abdessalem of Tunisia visited Gaza on Saturday, condemning the Israeli attacks during an appearance at the Al Shifa hospital.


“Israel has to understand that there is an international law and it has to respect the international law to stop the aggression against the Palestinian people,” The Associated Press reported Mr. Abdessalem as saying.


On Friday, emboldened by displays of Egyptian solidarity and undeterred by Israel’s advanced aerial firepower, Palestinian militants under siege in Gaza had broadened their rocket targets, aiming at Jerusalem for the first time, sending a second volley screeching toward Tel Aviv and pushing the Israelis closer to a ground invasion.


Israel’s government more than doubled the number of army reservists it could call to combat if needed in the increasingly lethal showdown with Gaza’s Hamas fighters and their affiliates, after they fired more than 700 rockets into southern Israel over the last year. The escalation has raised fears of a new chapter of war in the intractable Arab-Israeli conflict.


The Israeli military closed some roads adjacent to Gaza in anticipation of a possible infantry move into the territory, which would be the first Israeli military presence on the ground in Gaza since the three-week invasion of 2008-9.


Ghazi Hamad, the deputy foreign minister of Hamas, said Saturday that the Tunisian foreign minister’s visit, following the visit Friday by the Egyptian prime minister, showed that “we as Palestinians are not alone.”


“All Arab nations are with us and against the occupation,” he said. “This will give a strong message to the international community.”


Asked about the possibility of a ceasefire agreement, Mr. Hamad said Israel would have to agree to cancel the buffer zone, a strip of land 300 meters, or almost 1,000 feet, wide along the northern and eastern Gaza borders where Israel does not allow people to go; those who enter can be shot.


Mr. Hamad said the attacks on Hamas government buildings are “a policy of Israel to put pressure on people” but would not significantly change the dynamic of the current fighting.


“Israel has the capacity to destroy all buildings in Gaza, all homes,” he said. “But this is against humanity.


“They destroyed our government buildings before many times, but we rebuild again,” he added. “It’s a long struggle, a long story. It will not stop today or tomorrow.”


The Israel Defense Forces said it would “continue targeting sites that are used to carry out terror attacks against Israeli citizens.”


Many residents of Jerusalem, which Israel claims as its capital despite objections from the city’s large Palestinian population and others throughout the Middle East, were startled Friday when wartime sirens warning of impending danger wailed at dusk, followed by at least two dull thuds. Hamas’s military wing claimed in a statement that they were rockets fired from Gaza, 48 miles away, and had been meant to hit the Israeli Parliament.


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Review: Nintendo Wii U blows up dual-screen gaming
















When Nintendo first broached the idea of multiple-screen video games in 2004, many critics were skeptical that players could focus on two images at once. Yet the handheld DS, blending one touch-sensitive screen with a slightly larger video display, became a runaway hit.


Turns out the portable DS may have just been a dress rehearsal for Nintendo‘s latest home console, the Wii U, which blows up the dual-screen concept to living-room size. It goes on sale in the U.S. on Sunday, starting at $ 300.













The Wii U is the heir to the Nintendo Wii system, whose motion-based controls got couch potatoes around the world to burn calories as they swung virtual tennis rackets, bowled and flailed around in their living rooms. The new console still allows you to use your old “Wiimotes,” but its major advancement is a new controller, the GamePad, with a built-in touch screen that measures 6.2 inches diagonally.


The GamePad looks like the spawn of a tablet computer and a classic game controller. Its surface area is a little smaller than an iPad’s, but it’s about three times as thick, largely because it has hand grips that make it more comfortable over prolonged game sessions. It has an accelerometer and gyroscope for motion-controlled games, as well as a camera, a microphone, speakers, two analog joysticks and a typical array of buttons.


It’s the touch screen that really makes the difference. In some cases, it houses functions that are typically relegated to a game’s pause screen. In others, it allows a group of people playing the same game together to have different experiences depending on the controller used. Nintendo Co. calls this “asymmetric gaming.”


In the mini-game collection “Nintendo Land,” you can shoot arrows or fling throwing stars by swiping on the touch screen. One of the games in the collection, “Mario Chase,” uses the GamePad to provide a bird’s-eye view of a maze through which you can guide the hero. His pursuers — up to four players using Wiimotes — see the maze from a first-person perspective on the TV screen.


“New Super Mario Bros. U” brings the asymmetric approach to cooperative action. While Wiimote-wielding players scamper across its side-scrolling landscapes, the GamePad user can create “boost blocks” to help them reach otherwise inaccessible areas. If you’re going solo, you can play the entire adventure on the GamePad screen, freeing up the TV for family members who might want to watch something else.


On a more basic level, the GamePad lets you select your next play or draw new routes for your receivers in Electronic Arts Inc.’s “Madden NFL 13.” You use it to adjust strategy or substitute players in 2K Sports’ “NBA 2K13.”


Ubisoft’s “ZombiU” — the best original game at launch — turns the GamePad into your “bug-out bag.” It’s where you’ll find all your undead-fighting supplies, from bats and bullets to hammers and health kits. It lets you access maps and security-camera footage as you navigate the devastated streets of London. If you hold it vertically, you can scan the virtual space in three dimensions to locate zombies who are lying in wait.


Essentially, the GamePad functions like the bottom half of the portable DS, with triggers, buttons and the touch screen offering additional information and an added dimension of control. In this comparison, your living-room TV would be the equivalent of the DS’ top display.


It’s somewhat gimmicky: Much of the time, you can easily imagine playing with just a regular joystick. But in “ZombiU,” the GamePad adds to the atmosphere, creating the panicky feeling of scrambling around in a backpack while another undead horde approaches.


The high-definition graphics produced by the Wii U are close to those of Microsoft Corp.’s Xbox 360 and Sony Corp.’s PlayStation 3. That should bring back some of the game makers who had fled the underpowered Wii — at least until Microsoft and Sony bring out their next-generation consoles (neither company has announced any plans yet).


Some fine games from the past couple of years — Warner Bros.’ “Batman: Arkham City,” Electronic Arts’ “Mass Effect 3″ and THQ Inc.’s “Darksiders II” — are finally coming to a Nintendo console. The enhanced GamePad controls don’t substantially alter their DNA, and if you’ve already played them on the Xbox or PS3, you aren’t missing much. But if I’d had the option to play them the first time around with the enhanced GamePad controls, I would have.


The Wii U’s online functions include video chat, its own social network and the ability to search for TV shows and movies from services such as Netflix and Hulu. These are all free. I wasn’t able to test those features before writing this review. Nintendo said Friday that many of these features won’t be available until next month.


I don’t expect the Wii U to make as big a splash as the original Wii did six years ago. Nintendo‘s competitors are dipping their toes into the dual-screen pool as well: Some Sony games link the PS3 with the handheld Vita, while Microsoft’s SmartGlass app for tablet computers adds bonus material to Xbox games such as “Halo 4″ and “Forza Horizon.”


Still, the Wii U goes all in on the multiscreen concept for a relatively inexpensive price. And in a world where people tweet on their iPads while watching sports or reality shows on their TVs, the whole GamePad concept feels perfectly natural.


The Wii U’s success will depend on what Nintendo and other developers do with that second screen. The early results are very promising.


___


About the Wii U:


The basic Wii U model, with 8 gigabytes of internal storage, costs $ 300. The deluxe set, with 32 GB, “Nintendo Land” and a charging stand for the controller, costs $ 350. It comes to the U.S. on Sunday, later this month in Europe and Dec. 8 in Japan.


Both versions come with the GamePad, but you’ll need to snag old-school Wii controllers from older Wiis or buy them separately.


___


Follow Lou Kesten at http://twitter.com/lkesten


Gaming News Headlines – Yahoo! News



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It's a Girl for Chad Lowe




Celebrity Baby Blog





11/17/2012 at 12:20 AM ET



Tamera Mowry-Housley Introduces Son Aden
Chelsea Lauren/WireImage


It’s a girl for Chad Lowe.


The Pretty Little Liars star and wife Kim welcomed their second daughter on Thursday, Nov. 15, the actor announced via Twitter.


“It’s a girl!!! And she’s as beautiful as her mommy and [3½-year-old] big sister Mabel,” Lowe, 44, writes. “We are blessed!”


The couple, who married in August 2010, announced the pregnancy in June.


“I’m trying to bank some sleeping hours, which is a little tough,” Lowe joked to PEOPLE last Saturday, sharing that his wife was due to deliver this week.


– Sarah Michaud


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EU drug regulator OKs Novartis' meningitis B shot

LONDON (AP) — Europe's top drug regulator has recommended approval for the first vaccine against meningitis B, made by Novartis AG.

There are five types of bacterial meningitis. While vaccines exist to protect against the other four, none has previously been licensed for type B meningitis. In Europe, type B is the most common, causing 3,000 to 5,000 cases every year.

Meningitis mainly affects infants and children. It kills about 8 percent of patients and leaves others with lifelong consequences such as brain damage.

In a statement on Friday, Andrin Oswald of Novartis said he is "proud of the major advance" the company has made in developing its vaccine Bexsero. It is aimed at children over two months of age, and Novartis is hoping countries will include the shot among the routine ones for childhood diseases such as measles.

Novartis said the immunization has had side effects such as fever and redness at the injection site.

Recommendations from the European Medicines Agency are usually adopted by the European Commission. Novartis also is seeking to test the vaccine in the U.S.

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Stock futures rise after report on fiscal talks

Whoa, trouble in TriBeCa! It seems that the tony downtown Manhattan neighborhood's two most famous residents, The Adventures of Rocky & Bullwinkle actor Robert De Niro and Beyoncé's husband Jay-Z, recently had something of a public spat. Well, it was actually more one-sided than a spat, as De Niro did most of the talking, scolding Jay for not returning his calls. ...
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Israel Girds for Ground Assault in Gaza; Egypt’s Premier Visits





GAZA CITY — After a morning of heavy rocket fire from Gaza into Israel, the Israeli military seemed to be edging closer toward a ground invasion of Gaza on Friday, saying forces were “on standby” and “ready to enter should it be decided that a ground operation is necessary.”




In a statement, the Israeli military said paratrooper and infantry brigades had completed final preparations for a potential ground operation that would be the first since the winter of 2008-09, when Israel drew broad international reproach for an invasion that claimed 1,400 Palestinian lives for the loss of 13 Israelis.


The statement came after scores of rockets were fired into Israel, striking major cities of the south, causing widespread panic and damage and shattering plans for a temporary cease-fire during a remarkable visit to Gaza by the Egyptian prime minister that showed the shifting dynamics of Middle East politics since the turmoil of the so-called Arab Spring.


Word of the potential invasion emerged shortly before a rocket from Gaza struck somewhere near Tel Aviv after sirens wailed. It was the second such attempt to strike at the city in two days. Hamas said it fired a single “homemade” projectile toward Tel Aviv.


The rapidly escalating confrontation between Gaza and Israel followed an Israel airstrike on Wednesday that killed the top commander of Hamas, and the tit-for-tat violence is widely seen as a potential catalyst for broader hostilities at a time of spreading turmoil in Syria and elsewhere in the region.


The Israeli military said that Col. Amir Baram, commander of the Israeli Defense Forces’ paratroopers brigade, had addressed his forces during a preparatory briefing in the field, saying: “We are already 48 hours into an operation that we knew would have to happen. We have spoken about it during training, exercises and conferences. There is now doubt that we have to operate. This is why we enlisted, and why we have trained.”


Witnesses on the Gaza-Israel border said tanks had massed in several places.


Early on Friday, the Israeli military said it had called up 16,000 army reservists after Defense Minister Ehud Barak authorized the call-up of 30,000 reservists, if needed, to move against what it considers an unacceptable security threat from smuggled rockets amassed by Hamas, which does not recognize Israel’s right to exist.


It was not initially clear whether the show of Israeli force on the ground in fact portended an invasion or was meant as more of an intimidation tactic to further pressure Hamas leaders, who had all been forced into hiding on Wednesday after the Israelis killed the group’s military chief, Ahmed al-Jabari, in a pinpoint aerial bombing. But Israel’s preparations seemed to pick up on Friday after the persistent attempts to land rockets in Tel Aviv added new urgency while Hamas itself seemed emboldened by Egypt’s support.


“The time in which the Israeli occupation does whatever it wants in Gaza is gone,” said Ismail Haniya, the Hams prime minister.


Initially, the Egyptian initiative was portrayed as a potential harbinger of reduced hostilities, and, as Prime Minister Hesham Kandil of Egypt prepared to travel to Gaza, Israel agreed to a temporary conditional cease-fire for the visit. But the truce never took root.


Israel Radio said Palestinian militants fired 25 rockets into southern Israel, one of them striking a house. There were no immediate reports of casualties.


What sounded like airstrikes by Israeli F-16s were also audible in Gaza City. The Israeli military said no such strikes had taken place, but the Hamas Health Ministry reported that two people, including a child, were killed in the north of Gaza City while the Egyptian delegation was on the ground, pushing the Palestinian death toll in three days of aerial bombardment to 21.


Three Israelis were killed in a rocket attack on Thursday in Kiryat Malachi, a small town in southern Israel, when a rocket fired from Gaza struck their apartment building.


Mr. Kandil’s visit produced dramatic imagery to underpin the Egyptian government’s support for Hamas, which Israel, the United States and much of the West consider to be a terrorist organization.


Mr. Kandil and Mr. Haniya visited the Al Shifa hospital amid a huge scrum of bodyguards and journalists, saying they had carried the body of Mohammed Yasser, one of eight children who Palestinian health officials say have been killed in the surge of violence since a top Hamas commander was killed in an Israeli airstrike on Wednesday.


“This is the blood of our children on our clothes,” Mr. Haniya said as he showed spatters on his clothing, “These are the Egyptian and the Palestinian blood united together.”


Like President Mohamed Morsi of Egypt on Thursday, Mr. Kandil walked a delicate line between support for Hamas, condemnation of Israel and a quest for calm in a region increasingly threatened by the spillovers from Syria’s civil war, as well as by the long-festering impasse between the Israelis and Palestinians.


Jodi Rudoren reported from Gaza City, Isabel Kershner from Jerusalem, and Alan Cowell from Paris. Reporting was contributed by Fares Akram from Gaza, Rick Gladstone from New York, Rina Castelnuovo from Gaza-Israel border, Mayy El Sheikh and David D. Kirkpatrick from Cairo, Gabby Sobelman from Jerusalem, and Elisabeth Bumiller from Bangkok.



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Sina banks on Weibo but weak fourth quarter guidance spooks investors
















(Reuters) – Chinese Internet company Sina Corp said its fourth quarter will be hit by a softer economy and posted weaker-than-expected sales guidance, despite a stronger revenue contribution from its hot microblogging platform Weibo.


Shares in Sina fell 7 percent after it forecast adjusted net revenue of $ 132 million to $ 136 million in the current quarter, below analysts’ expectations for $ 151.9 million according to Thomson Reuters I/B/E/S.













Sina, which makes most of its revenue from online advertising both on its website and Weibo, is facing stiff headwinds as firms slash advertising budgets due to a worsening economic outlook.


“We are going to see a weaker quarter for advertising overall in the fourth quarter,” said Charles Chao, Sina’s chief executive on an earnings conference call. The firm forecast Q4 advertising revenues would rise 6-8 percent from a year earlier.


Chao said Weibo contributed 16 percent to total revenue in the third quarter, up from 10 percent in the previous quarter. The platform, which is very popular with white-collar workers, university students and celebrities, had 424 million registered users at the end of the quarter, up from 368 million three months earlier.


Advertisers, like luxury brands, that traditionally don’t advertise with Sina’s main portal website flocked to Weibo to test out the social platform, Chao said.


There were about 230,000 Weibo advertising accounts in the quarter, and Sina was in the process of rolling out a online payment system and new Weibo advertising product to increase monetization at the end of the fourth quarter.


“We believe a ‘promoted feed advertising’ will become one of the major forms of (Weibo) advertising going forward,” said Chao, adding that the product will be effective also on mobile platforms, allowing Sina to tap into Weibo’s growth on mobile devices.


Q3 PROFIT BEAT


For the third quarter, Sina’s net profit was $ 9.9 million compared with a loss of $ 336.3 million a year earlier, and slighly ahead of analysts’ expectations of $ 7.5 million.


Sina’s quarterly advertising revenue rose 19 percent to $ 120.6 million, while non-advertising revenue rose 9 percent to $ 31.8 million.


The company started monetizing Weibo by offering special services to business accounts and selling VIP memberships to regular users earlier this year.


For its mobile-value-added-services business, Sina said it expects revenue to continue to decline due to new regulatory policies.


The company was also affected by a spat between Japan and China over islands in the East China Sea as Japanese automakers cut back on advertising in China. Chao said he expected the impact to last into the fourth quarter.


“It did have an impact on our third quarter as well as our fourth quarter. We did see cancellations from customers related to Japanese automobiles in the month of September and it impacted the fourth quarter (too),” Chao said.


Sina shares fell 6.74 percent to $ 49.52 in extended trading. They closed at $ 53.10 on the Nasdaq on Thursday.


(Additional reporting by Aurindom Mukherjee in Bangalore; Editing by Sriraj Kalluvila and Richard Pullin)


Internet News Headlines – Yahoo! News



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Miss America Contestant, 24, to Undergo Preventative Double Mastectomy















11/16/2012 at 07:30 AM EST



Allyn Rose is more than just another pretty face.

The Miss America contestant, who will represent Washington, D.C., in the Jan. 12 pageant live on ABC, lost her mom to breast cancer at age 16. Now, at only 24 years old, Rose has decided she will undergo a double mastectomy as a preventative measure after learning she is a carrier of the same rare chromosomal disease that her mother had.

"The idea that I could wake up one day and not have the same body that I did the day before is very scary," Rose, a self-proclaimed former tomboy, tells PEOPLE. "But I also realize my mom was diagnosed at 27. That's three years away from me. I'm not going to let my fear of losing this part of my femininity stop me from living."

Of the disease, Rose explains, "It manifests in male children, but there have been studies that women who are the carriers of it have almost a 75 percent likely chance of contracting breast cancer. It's a very strange change in our genetic code. Almost all of the women in my family have passed away from it."

Thinking back to completing teenage milestones that she couldn't share with her mom, Rose wants to take all the necessary precautions to ensure that these experiences are ones her own children will be able to share with her.

"My mom had her right breast removed at 27, but at 47 or 48, it came back in her left breast," she says. "It was already stage three. She could have had that other breast removed, but I'm sure there was a part of her that thought she didn't want to give up this other part of herself."

She adds, "My dad said he begged her for years and years to get it removed, but she said no. It's ultimately the thing that killed her. I had to become my own mentor. I had to go pick out my prom dress by myself. I had to go to my high school graduation without my mom. She didn't see me go off to college or go on my first date or drive a car for the first time."

But after the "very difficult" experience of losing someone she calls "incredible," Rose will make a huge sacrifice to ensure her own life will last.

"It's a very scary proposition," the model, who also works as a paralegal, says of undergoing the surgery. "But my father and I have met with a surgeon and countless doctors. Some of them are wary because I don't have breast cancer and I am so young, but others have said it's a very smart move, especially for someone who is genetically predisposed."

Choosing Life over Beauty

Rose describes the breast reconstructive plan as "very risky" and "not exactly seamless," but one that is worth it.

"Your skin may be damaged in a way that you will lose your nipple, or sometimes women lose all of their breast tissue," she says, [but], "Breasts don't define your life. I'm choosing life over beauty. I'm choosing to remove something that's so iconic to my womanhood."

Rose – who looks up to Robin Roberts and Giuliana Rancic, who both have battled breast cancer – is using her pageant opportunity as a platform to teach people how to be proactive in their healthcare.

"Title holders across the country get an opportunity to speak to their generation and have something they can advocate," she says. "Being in the industry and competing in the most iconic swimsuit competition in the world, I thought to myself, 'If I were to win and have this surgery a year from now, would I be a different Miss America because I lost my breast?' No."

Should she win the competition, Rose plans to undergo surgery after her duties are complete in January 2014. If she does not win, she will have the procedure done after her local duties are complete next June.

"To win the pageant would truly have my mother's dreams for me come to fruition," says Rose, who will show off her unique roller skating talents during the competition. "Never once in my life did I doubt my mom's love for me or that she wouldn't do anything to have me succeed in life. Some people will never experience that kind of relationship with a parent."

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Migration officials say cholera in Haiti on rise

GENEVA (AP) — The world's largest agency that deals with global migration says cholera is again on the rise in Haiti.

The International Organization for Migration says Haitian officials have confirmed 3,593 cholera cases and another 837 suspected cases since Hurricane Sandy's passage.

IOM spokesman Jumbe Omari Jumbe told reporters Friday in Geneva "the numbers are going up" particularly in camps around the capital, Port-au-Prince.

He said his organization has responded by handing out about 10,000 cholera kits in 31 camps this week "badly hit by cholera in the area."

Cholera is a bacterial infection that spreads through water, and Haiti's lack of proper sanitation and sewage systems makes the country more vulnerable.

Haiti was spared a direct hit from Hurricane Sandy on Oct. 24, but received heavy rain for several days.

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Stock futures turn negative after data

FANLING, Hong Kong, Nov 15 (Reuters) - Tiredness caught up with Rory McIlroy on Thursday and the world golf number one could shoot only a three-over-par 73 on the opening day of the Hong Kong Open. McIlroy, who this week became only the second player to win the money-list titles in both Europe and the United States, admitted that he was exhausted after a year in which he has won four titles, including the U.S. PGA championship, and helped Europe to win the Ryder Cup. ...
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Attacks Resume After Israeli Assault Kills Hamas Leader





KIRYAT MALACHI, Israel — Israel and Hamas widened their increasingly deadly conflict over Gaza on Thursday, as a militant rocket killed three civilians in an apartment block in this small southern town. The deaths are likely to lead Israel to intensify its military offensive on Gaza, now in its second day of airstrikes.




In Gaza, the Palestinian death toll rose to 11 as Israel struck what the military described as medium- and long-range rocket and infrastructure sites and rocket-launching squads. The military said it had dispersed leaflets over Gaza warning residents to stay away from Hamas operatives and facilities, suggesting that more was to come.


The regional perils of the situation sharpened, meanwhile, as President Mohamed Morsi of Egypt warned on Thursday that his country stood by the Palestinians against what he termed Israeli aggression, echoing similar condemnation on Wednesday.


“The Egyptian people, the Egyptian leadership, the Egyptian government, and all of Egypt is standing with all its resources to stop this assault, to prevent the killing and the bloodshed of Palestinians,” Mr. Morsi said in nationally televised remarks before a crisis meeting of senior ministers. He also said he had contacted President Obama to discuss strategies to “stop these acts and doings and the bloodshed and aggression.”


In language that reflected the upheaval in the political dynamics of the Middle East since the overthrow of Hosni Mubarak last year, Mr. Morsi said: “Israelis must realize that we don’t accept this aggression and it could only lead to instability in the region and has a major negative impact on stability and security in the region.”


The thrust of Mr. Morsi’s words seemed confined to diplomatic maneuvers, including calls to the United Nations secretary general, Ban Ki-moon, the head of the Arab League and President Obama.


In his conversation with Mr. Obama, Mr. Morsi said, he “clarified Egypt’s role and Egypt’s position; our care for the relations with the United States of America and the world; and at the same time our complete rejection of this assault and our rejection of these actions, of the bloodshed, and of the siege on Palestinians and their suffering.”


Mr. Obama had agreed to speak with Israeli leaders, Mr. Morsi said. Thursday’s deaths in Kiryat Malachi were the first casualties on the Israeli side since Israel launched its assault on Gaza, the most ferocious in four years, in response to persistent Palestinian rocket fire.


Southern Israel has been struck by more than 750 rockets fired from Gaza this year that have hit homes and caused injuries. On Thursday, a rocket smashed into the top floor of an apartment building in Kiryat Malachi, about 15 miles north of Gaza. Two women and a man were killed, according to rescue officials and Army Radio. A baby was among the injured and several Israelis were hospitalized with shrapnel wounds after rockets hit other southern cities and towns, they said.


The apartment house was close to a field in a blue-collar neighborhood and the rocket tore open top-floor apartments, leaving twisted metal window frames and bloodstains.


Nava Chayoun, 40, who lives on the second floor, said her husband, Yitzhak, ran up the stairs immediately after the rocket struck and saw the body of a woman on the floor. He rescued two children from the same apartment and afterward, she said, she and her family “read psalms.”


It was the first time that a building in Kiryat Malachi had been struck and the farthest north a projectile had landed in the current violence. With schools closed after Wednesday’s turmoil, residents said, many people had stayed home with their children.


Residents said people living on the lower floors of the apartment house had taken cover in stairwells, as the police urged residents to do when they heard warning sirens, but those on the top floor apparently had not. The police said 180 rockets had been fired at southern Israel since Wednesday.


Isabel Kershner reported from Kiryat Malachi, Israel, and Fares Akram from Gaza. Reporting was contributed by Rina Castelnuovo from Kiryat Malachi; Mayy El Sheikh and David D. Kirkpatrick from Cairo; Gabby Sobelman from Jerusalem; Rick Gladstone from New York; and Alan Cowell from Paris.



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Texas Instruments cuts 1,700 jobs, winds down tablet chips
















NEW YORK/SAN FRANCISCO (Reuters) – Texas Instruments is eliminating 1,700 jobs, as it winds down its mobile processor business to focus on chips for more profitable markets like cars and home appliances.


Texas Instruments said in September it would halt costly investments in the increasingly competitive smartphone and tablet chip business, leading Wall Street to speculate that part of the company’s processor unit, called OMAP, could be sold.













The layoffs are equivalent to nearly 5 percent of the Austin, Texas-based company’s global workforce.


“A sale would have been better than a restructuring but a restructuring is certainly better than nothing,” Sanford Bernstein analyst Stacy Rasgon said.


TI has been under pressure in mobile processors, where it has lost ground to rival Qualcomm Inc. Leading smartphone makers Apple Inc and Samsung Electronics Co Ltd have been developing their own chips instead of buying them from suppliers like TI.


Instead of competing in phones and tablets, TI wants to sell its OMAP processors in markets that require less investment, like industrial clients like carmakers.


TI is expected to continue selling existing tablet and phone processors for products like Amazon.Com Inc‘s Kindle tablets for as long as demand remains, but stop developing new chips.


“This year, the Kindle runs on the OMAP 4 and next year’s Kindle is slated, we believe, for OMAP 5. We believe that program is well along to completion and do not expect that the termination of OMAP will disrupt those plans,” said Longbow Research analyst JoAnne Feeney.


Amazon had reportedly been in talks to buy the mobile part of OMAP.


TI said it expects to take charges of about $ 325 million related to the job cuts and other cost reduction measures, most of which will be accounted for in the current quarter. Its previously announced financial targets for the fourth quarter do not include these costs, TI said.


The company, which has 35,000 employees around the world, expects annualized savings of about $ 450 million by the end of 2013 from the action.


TI shares rose to $ 29 in after-hours trading after closing at $ 28.76, down 2 percent on Nasdaq.


(Reporting By Sinead Carew in New York and Noel Randewich in San Francisco; editing by Carol Bishopric)


Tech News Headlines – Yahoo! News



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Guy Fieri Defends Restaurant After New York Times Attack















11/15/2012 at 08:15 AM EST



After being fricasseed by The New York Times in a blistering restaurant review that a chef wouldn't wish upon his worst enemy, Guy Fieri says he's not canceling his subscription to the paper.

But the Food Network's Diners, Drive-Ins and Dives host – the 10th highest-paid chef in the country – is not taking the Times attack by food critic Pete Wells lying down, either.

"I just thought it was ridiculous," Fieri said on Thursday's Today show, after flying all night to appear on the program to defend his 2-month-old Guy's American Kitchen & Bar in Times Square, the target of Wells's scathing attack.

"I've read reviews. There's good and there's bad in the restaurant business," Fieri said. "That one went overboard."

The review lit up Facebook and Twitter as Wells skewered the service, food and drinks – one of which, a blue concoction (a margarita, actually), was likened to nuclear waste.

"And when we hear the words Donkey Sauce," Wells asked in his critique, written after four visits to the establishment, "which part of the donkey are we supposed to think about?"

"I've been in the restaurant business 25 years. Do we do it perfect? No. Do we strive to do it perfect? Yes," said Fieri, adding that Wells "came in with a different agenda."

Interviewer Savannah Guthrie pointed out that reviews of Guy's American Kitchen & Bar on Yelp were only mediocre at best, averaging two and a half stars out of a possible five. But Fieri replied, "People see me as a TV guy. I'm really a chef," and said of his restaurant, "I think that will change. It's two months now. Let's see where it is in six months."

Insisting that the restaurant – all 500 seats of it – is his heart and soul, Fieri went on say, "Do I think I've fallen short? By no means. [But] do we make mistakes? Absolutely."

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Stock futures point to gains on Cisco results

NEW YORK (Reuters) - Stock index futures pointed to a higher open on Wednesday after a series of weak sessions as strong earnings from technology bellwether Cisco and two retail chains boosted sentiment.


The S&P 500 has fallen 3.8 percent over the past five trading days, with most of the losses driven by uncertainty over the looming U.S. "fiscal cliff" and concerns about Europe's economic troubles.


The index closed below its 200-day moving average for a fourth day in a row on Tuesday, a technical indicator that suggests recent declines could gain momentum.


Trading has been volatile, with positive momentum difficult to sustain.


"It seems as if every minor rally we get, gets sold into, a trend that has been both consistent and concerning," said Christian Wagner, chief executive officer at Longview Capital Management in Wilmington, Delaware. "This could be the new normal until the fiscal cliff gets resolved, and that will make for a difficult environment."


Futures showed a muted reaction to a dip in retail sales for October. Analysts had expected sales to fall due to the storm that hit the U.S. Northeast. [ID:nL1E8MDA27] Producer prices fell 0.2 percent in October, compared with an expectations for a 0.2 percent rise.


Dow component Cisco Systems Inc reported first-quarter earnings and revenue late Tuesday that beat expectations, sending the stock soaring 7.3 percent to $18.08 in premarket trading Wednesday.


Cisco, viewed as a harbinger for spending on information technology because of its global reach and customers across all sectors, could lend support to the tech sector.


Technology shares <.gspt> have dropped almost 10 percent over the past two months, dragged down by earnings disappointments from Google and others. Tech was the worst performing sector on Tuesday.


"For Cisco to beat expectations in an environment like this is great and speaks to the solid management at the company," Wagner said. "Hopefully this will do something for the tech sector, which has been so hurt by Apple lately."


Apple , the most valuable U.S. company, has tumbled in recent months by 20 percent from its peak.


S&P 500 futures rose 5.3 points and were above fair value, a formula that evaluates pricing by taking into account interest rates, dividends and time to expiration on the contract. Dow Jones industrial average futures added 35 points and Nasdaq 100 futures rose 11.25 points.


In earnings news, Abercrombie & Fitch Co soared 30 percent to $40.82 before the bell after posting a steep rise in its quarterly profit. Staples Inc rose 4.4 percent to $11.75 after posting earnings that beat expectations.


Macroeconomic issues will likely play a major role in how stocks trade as investors grapple with the impact of Europe's debt crisis and the fiscal cliff, a series of large, mandated tax hikes and spending cuts that start to take effect next year.


Analysts say serious fiscal negotiations are still weeks away, but that the failure to reach a deal in Congress could tip the world's largest economy into recession.


European shares <.fteu3> fell 0.4 percent as Greece's unresolved crisis raised questions about the region's potential for economic growth, while anti-austerity strikes across southern Europe added to concerns that fiscal reforms would be politically difficult to implement.


(Editing by Kenneth Barry)


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France Grants Its Recognition to Syria Rebels as U.S. Waits


Javier Manzano/Agence France-Presse — Getty Images


Smoke billowed from burning tires as a Syria rebel fired towards regime forces during clashes in the Al-Amariya district of Aleppo in Syria on Tuesday.







PARIS — Syrian authorities ordered airstrikes for a third straight day close to the Turkish border on Wednesday, and said a French decision to recognize and consider arming a newly formed Syrian rebel coalition was an “immoral” act “encouraging the destruction of Syria.”




The French move represented an attempt to inject momentum into a broad Western and Arab effort to build a viable and effective opposition to hasten the end of a stalemated civil war which has destabilized the Middle East. For its part, the United States on Wednesday signaled a reluctance to go beyond its characterization of the rebel alliance as a legitimate representative of the Syrian people, rather than as their sole representative.


Speaking in Perth, Australia, Secretary of State Hillary Rodham Clinton said Washington first wanted to see the coalition influencing events on the ground.


“As the Syrian opposition takes these steps and demonstrates its effectiveness in advancing the cause of a unified, democratic, pluralistic Syria, we will be prepared to work with them to deliver assistance to the Syrian people,” news reports quoted her saying.


At the same time, she announced $30 million in American humanitarian aid to feed people affected by the civil war, bringing the total American assistance to almost $200 million.


The airstrikes on Wednesday underscored the urgency of the diplomatic maneuvers. Journalists along the 550-mile border between Turkey and Syria near the Turkish border town of Ceylanpinar said they witnessed a Syrian airstrike in the adjacent Syrian town of Ras al-Ain, where rebels say they have ousted troops loyal to Mr. Assad. It was the third such strike there in as many days.


In response, Reuters reported, Turkey scrambled fighter jets to its southeastern border with Syria, recalling Turkey’s insistence that it will not refrain from a tougher reaction against Syria.


The official SANA news agency in Syria made no direct reference to the Western moves. But the deputy foreign minister, Faisal Muqdad, told the Agence France-Presse news agency that the establishment of the opposition coalition in Doha, Qatar, was a “ declaration of war.” "We read the Doha document and they reject any dialogue with the government."


Referring to the French recognition of the alliance, he said: “Allow me to use the word, this is an immoral position. They are supporting killers, terrorists and they are encouraging the destruction of Syria.”The announcement by President François Hollande on Tuesday made France the first Western country to fully embrace the new coalition, which came together this past weekend under Western pressure after days of difficult negotiations in Doha, Qatar.


The goal was to make an opposition leadership — both inside and outside the country — representative of the array of Syrian groups pressing for the downfall of President Bashar al-Assad. Although Mr. Assad is increasingly isolated as his country descends further into mayhem and despair after 20 months of conflict, he has survived partly because of the disagreements and lack of unity among his opponents. Throughout the conflict, the West has taken half measures and been reluctant to back an aggressive effort to oust Mr. Assad. This appears to be the first time that Western nations, with Arab allies, are determined to build a viable opposition leadership that can ultimately function as a government. Whether it can succeed remains unclear.


Mr. Hollande went beyond other Western pledges of support for the new Syrian umbrella rebel group, which calls itself the National Coalition of Syrian Revolutionary and Opposition Forces. But Mr. Hollande’s announcement clearly signaled expectations that if the group can establish political legitimacy and an operational structure inside Syria, creating an alternative to the Assad family’s four decades in power, it will be rewarded with further recognition, money and possibly weapons.


“I announce that France recognizes the Syrian National Coalition as the sole representative of the Syrian people and thus as the future provisional government of a democratic Syria and to bring an end to Bashar al-Assad’s regime,” said Mr. Hollande, who has been one of the Syrian president’s harshest critics.


As for weapons, Mr. Hollande said, France had not supported arming the rebels up to now, but “with the coalition, as soon as it is a legitimate government of Syria, this question will be looked at by France, but also by all countries that recognize this government.”


The six Arab countries of the Gulf Cooperation Council, including key opposition supporters Qatar and Saudi Arabia, recognized the rebel coalition on Monday as the legitimate Syrian government. Political analysts called Mr. Hollande’s announcement an important moment in the Syrian conflict, which began as a peaceful Arab Spring uprising in March 2011. It was harshly suppressed by Mr. Assad, turned into a civil war and has left nearly 40,000 Syrians dead, displaced about 2.5 million and forced more than 400,000 to flee to neighboring countries, according to international relief agencies.


Steven Erlanger reported from Paris, Rick Gladstone from New York, and Alan Cowell from Paris. Reporting was contributed by Neil MacFarquhar and Hwaida Saad from Beirut, Lebanon; Nick Cumming-Bruce from Geneva; and Alan Cowell from Paris.



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Microsoft and Google financials could surface at trial
















(Reuters) – Microsoft and Google‘s Motorola Mobility unit squared off on Tuesday at a trial with strategic implications for the smartphone patent wars and which could reveal financial information the two companies usually keep under wraps.


The proceeding in a Seattle federal court will determine how much of a royalty Microsoft Corp should pay Google Inc for a license to some of Motorola‘s patents. Google bought Motorola for $ 12.5 billion, partly for its library of communications patents.













If U.S. District Judge James Robart decides Google deserves only a small royalty, then its Motorola patents would be a weaker bargaining chip for Google to negotiate licensing deals with rivals.


Apple Inc and Microsoft have been litigating in courts around the world against Google and partners like Samsung Electronics Co Ltd, which use the Android operating system on their mobile devices.


Apple contends that Android is basically a copy of its iOS smartphone software, and Microsoft holds patents that it contends cover a number of Android features.


Motorola had sought up to $ 4 billion a year for its wireless and video patents, while Microsoft argues its rival deserves just over $ 1 million a year. A federal judge in Wisconsin last week threw out a similar case brought by Apple against Google just before trial.


In court on Tuesday Microsoft called Jon DeVaan, a veteran software manager in the Windows division, as its first witness. He said Motorola‘s wireless and video patents at issue covered only a small part of the overall Windows architecture.


During the run-up to trial in Seattle, both Microsoft and Google asked Robart to keep secret a range of financial details about the two companies, including licensing deals and sales revenue projections. Google requested that Robart clear the courtroom when witnesses discuss those details.


However, in an order on Monday, Robart rejected that request. The public will not be able to view the documents describing patent deals or company sales during trial, Robart ruled, but testimony will be in open court.


“If a witness discloses pertinent terms, rates or payments, such information will necessarily be made public,” the judge wrote.


Additionally, any documents the judge relies on for his final opinion will be disclosed, Robart wrote on Monday.


Before trial began on Tuesday, Robart said in court that he wanted to take the most “expansive” interpretation of the public’s right to know. Several outside companies besides Microsoft and Motorola, like Research in Motion Inc, have also asked him to keep secret their royalty deals.


Robart said he would consider a request to refer to those third party companies by code names, known only to the lawyers and the judge.


The case in U.S. District Court, Western District of Washington is Microsoft Corp. vs. Motorola Inc., 10-cv-1823.


(Reporting By Bill Rigby in Seattle and Dan Levine in San Francisco; editing by Jim Marshall and Carol Bishopric)


Wireless News Headlines – Yahoo! News



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Channing Tatum Is PEOPLE's Sexiest Man Alive!









11/14/2012 at 08:00 AM EST



He may have bared (almost) all of that incredibly chiseled body in this year's Magic Mike but 2012's Sexiest Man Alive Channing Tatum was still modest when he heard the news.

"My first thought was, 'Y'all are messing with me,'" says Tatum, who married actress Jenna Dewan-Tatum in 2009. "I told Jenna after we'd been in the bathtub washing our dogs because they'd gotten skunked."

Says the actor: "She was like, 'What?'"

"Yeah, she calls me [the Sexiest Man Alive] now," he adds. And who can blame her?

Her Alabama-bred heartthrob of a husband is also a sculptor who quotes Edgar Allan Poe, loves to give her massages and can't wait to start their family. "I'm ready; I think she's ready," Tatum, 32, says. "The first number that pops into my head is three, but I just want one to be healthy and then we'll see where we go after that."

"It’s really easy for us guys to say, 'I want like 15 kids,'" he continues. "Jenna will be like, 'Well you better get another wife!'"

Currently training to play an Olympic athlete in next year's Foxcatcher, Tatum is all heart and muscle at 195 pounds. "I like to be lean. If I get too bulky I can't move well and I like to move," he says. "When I'm not training, I get really round and soft."

Which is just fine by his wife. "People know him to be fun and sexy, but they don't know how emotionally deep and spiritually open he is," says Dewan-Tatum, 31. "He is such an open-hearted person; what you see is what you get."

For more of our exclusive interview and photos of Tatum – including more than 180 of your favorite sexiest men – pick up this week's issue of PEOPLE, on newsstands Friday

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Report: FDA wanted to close Mass pharmacy in 2003

WASHINGTON (AP) — Nearly a decade ago, federal health inspectors wanted to shut down the pharmacy linked to a recent deadly meningitis outbreak until it cleaned up its operations, according to congressional investigators.

About 440 people have been sickened by contaminated steroid shots distributed by New England Compounding Center, and more than 32 deaths have been reported since the outbreak began in September, according to the Centers for Disease Control and Prevention. That has put the Framingham, Mass.-based pharmacy at the center of congressional scrutiny and calls for greater regulation of compounding pharmacies, which make individualized medications for patients and have long operated in a legal gray area between state and federal laws.

The House Energy and Commerce Committee released a detailed history of NECC's regulatory troubles on Monday, ahead of a meeting Wednesday meeting to examine how the outbreak could have been prevented. The 25-page report summarizes and quotes from FDA and state inspection memos, though the committee declined to release the original documents.

The report shows that after several problematic incidents, Food and Drug Administration officials in 2003 suggested that the compounding pharmacy be "prohibited from manufacturing" until it improved its operations. But FDA regulators deferred to their counterparts in Massachusetts, who ultimately reached an agreement with the pharmacy to settle concerns about the quality of its prescription injections.

The congressional report also shows that in 2003 the FDA considered the company a pharmacy. That's significant because in recent weeks public health officials have charged that NECC was operating more as a manufacturer than a pharmacy, shipping thousands of doses of drugs to all 50 states instead of small batches of drugs to individual patients. Manufacturers are regulated by the FDA and are subject to stricter quality standards than pharmacies.

The report offers the most detailed account yet of the numerous regulatory complaints against the pharmacy, which nearly date back to its founding in 1998. Less than a year later, the company was cited by the state pharmacy board for providing doctors with blank prescription pads with NECC's information. Such promotional items are illegal in Massachusetts and the pharmacy's owner and director, Barry Cadden, received an informal reprimand, according to documents summarized by the committee.

Cadden was subject to several other complaints involving unprofessional conduct in coming years, but first came to the FDA's attention in 2002. Here are some key events from the report highlighting the company's early troubles with state and federal authorities:

__ In March of 2002 the FDA began investigating reports that five patients had become dizzy and short of breath after receiving NECC's compounded betamethasone repository injection, a steroid used to treat joint pain and arthritis that's different from the one linked to the current meningitis outbreak.

FDA inspectors visited NECC on April 9 and said Cadden was initially cooperative in turning over records about production of the drug. But during a second day of inspections, Cadden told officials "that he was no longer willing to provide us with any additional records," according to an FDA report cited by congressional investigators. The inspectors ultimately issued a report citing NECC for poor sterility and record-keeping practices but said that "this FDA investigation could not proceed to any definitive resolution," because of "problems/barriers that were encountered throughout the inspection."

__ In October of 2002, the FDA received new reports that two patients at a Rochester, N.Y., hospital came down with symptoms of bacterial meningitis after receiving a different NECC injection. The steroid, methylprednisolone acetate, is the same injectable linked to the current outbreak and is typically is used to treat back pain. Both patients were treated with antibiotics and eventually recovered, according to FDA documents cited by the committee.

When officials from the FDA and Massachusetts Board of Pharmacy visited NECC later in the month, Cadden said vials of the steroid returned by the hospital had tested negative for bacterial contamination. But when FDA scientists tested samples of the drug collected in New York they found bacterial contamination in four out of 14 vials sampled. It is not entirely clear whether FDA tested the same lot shipped to the Rochester hospital.

__ At a February 2003 meeting between state and federal officials, FDA staff emphasized "the potential for serious public consequences if NECC's compounding practices, in particular those relating to sterile products, are not improved." The agency issued a list of problems uncovered in its inspection to NECC, including a failure to verify if sterile drugs met safety standards.

But the agency decided to let Massachusetts officials take the lead in regulating the company, since pharmacies are typically regulated at the state level. It was decided that "the state would be in a better position to gain compliance or take regulatory action against NECC as necessary," according to a summary of the meeting quoted by investigators.

The FDA recommended the state subject NECC to a consent agreement, which would require the company to pass certain quality tests to continue operating. But congressional investigators say Massachusetts Board of Pharmacy did not take any action until "well over a year later."

__ In October 2004, the board sent a proposed consent agreement to Cadden, which would have included a formal reprimand and a three-year probationary period for the company's registration. The case ended without disciplinary action in 2006, when NECC agreed to a less severe consent decree with the state.

Massachusetts officials indicated Tuesday they are still investigating why NECC escaped the more severe penalty.

"I will not be satisfied until we know the full story behind this decision," the state's interim health commissioner Lauren Smith said in a transcript of her prepared testimony released a day ahead of delivery. Smith is one of several witnesses scheduled to testify Wednesday, including FDA Commissioner Margaret Hamburg.

The committee will also hear from the widow of 78-year-old Eddie C. Lovelace, a longtime circuit court judge in southern Kentucky. Autopsy results confirmed Lovelace received fungus-contaminated steroid injections that led to his death Sept. 17.

Joyce Lovelace will urge lawmakers to work together on legislation to stop future outbreaks caused by compounded drugs, according to a draft of her testimony.

"We now know that New England Compounding Pharmacy, Inc. killed Eddie. I have lost my soulmate and life's partner with whom I worked side by side, day after day for more than fifty years," Lovelace states.

Barry Cadden is also scheduled to appear at the hearing, after lawmakers issued a subpoena to compel him to attend.

The NECC has been closed since early last month, and Massachusetts officials have taken steps to permanently revoke its license. The pharmacy has recalled all the products it makes, including 17,700 single-dose vials of a steroid that tested positive for the fungus tied to the outbreak.

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