Current Events in July 2010

Orthopedic surgeons say most knee replacements will function well for years, but patients should be aware of the signs of failure -- including increased pain or decreased function -- that may require a corrective procedure known as revision total knee replacement, if necessary.

"A failed knee implant is usually caused by wear and tear with subsequent loosening of the implant. Other causes are infection, instability, fracture, or stiffness," said Dr. Amar Ranawat, a hip and knee specialist in the Adult Reconstruction and Joint Replacement Division of Hospital for Special Surgery in New York City.

The most common symptoms of a failed knee implant are pain, instability, swelling and stiffness across the entire knee (generalized) or in a small section (localized).

Reasons for failure

Although knee replacements normally perform well for at least 15-20 years in more than 95 percent of patients, Ranawat says there are five primary reasons why a knee implant fails:

• Wear and loosening: Friction caused by joint surfaces rubbing against each other wears away the surface of the implant causing bone loss and loosening of the implants.

• Infection: Large metal and plastic implants can serve as a surface onto which bacteria can latch.

• Fracture: Fractures around the knee implant that disrupt its stability may require revision surgery.

• Instability: A sensation of the knee "giving away" may mean that the soft-tissue surrounding the knee is too weak to support standing and walking. Improperly placed implants may also cause instability.

• Stiffness: Loss of range of motion, which causes pain and a functional deficit.

The fix

Revision total knee replacement is a complex procedure that requires extensive pre-operative planning, specialized implants and tools, prolonged operating times and mastery of difficult surgical techniques. It usually takes longer to perform than the original knee replacement.

Ranawat says more than 80 percent of patients who undergo revision knee surgery can expect to have good to excellent results. However, he cautions that complete function is not restored for all patients and "up to 20 percent of patients may still experience pain following surgery for months or even years."

A lawsuit taking issue with AT&T's exclusive rights to the iPhone has been certified as a class action, meaning that iPhone users who want out of their AT&T contracts will at least have their day in court.

The suit, originally filed in 2007, says that Apple and AT&T are perpetuating an illegal monopoly by refusing to unlock consumers' iPhones for use with another wireless carrier. As a result, the complaint says, consumers have little choice but to stay with AT&T, even after their two-year contract expires.

Although AT&T provides that iPhone users can terminate their contract at any time and switch to another carrier, the suit says that the provision is essentially meaningless, since consumers are unable to get their phone onto another network.

The plaintiffs argue that, by offering a two-year contract, AT&T gave consumers the false impression that the exclusivity agreement would likewise last two years. In fact, according to the suit, the agreement is essentially indefinite -- no one knows exactly when it will end and, until it does, customers are stuck with AT&T.

For its part, Apple is arguing that the exclusivity agreement was always expected to last five years -- through 2012 -- and that claims of a monopoly are nonsense.

[T]here was widespread disclosure of [AT&T's] five-year exclusivity and no suggestion by Apple or anyone else that iPhones would become unlocked after two years, Apple asserts in court papers. Moreover, it is sheer speculation -- and illogical -- that failing to disclose the five-year exclusivity term would produce monopoly power.

No end in sight?

iPhone users who want out of their AT&T contracts have seen their share of false starts. Last April, USA Today reported that Apple and Verizon were discussing a potential partnership, although Apple quickly threw cold water on that idea when it swooned about its great relationship with AT&T. Then in August, the research firm Piper Jaffray reported that Apple seemed set to end the exclusivity agreement this summer, most likely when it introduced the iPhone 4. Of course, that milestone has come and gone, and the agreement remains in place.

One analyst has speculated that Apple agreed to further extend the agreement back in January, when AT&T provided bargain data plan prices for the newly-released iPad. Brian Marshall, an analyst with BroadPoint AmTech, figures that the cheap data prices were worth an extra six months.

AT&T had to do something dramatic to get the iPad, Marshall told Computerworld in May. For that pricing [on the iPad], AT&T was able to negotiate a six-month extension on the iPhone exclusive.

The suit, which is being heard in the U.S. District Court for the Northern District of California, is brought on behalf of [a]ll persons who purchased or acquired an iPhone in the United States and entered into a two-year agreement with [AT&T] for iPhone voice and data service any time from June 29, 2007, to the present.

California voters will decide in November whether to legalize marijuana for recreational use. If the ballot initiative should pass, what exactly would be the impact?

Researchers studying that question say it would have at least two results: it would lower the cost of the now-illegal drug as much as 80 percent and increase its use.

Researchers at the RAND Corporation, who undertook the study, say that first point is important for state officials who are eying potential new tax revenue from marijuana sales.

While the state Board of Equalization has estimated taxing legal marijuana could raise more than $1 billion in revenue, the RAND study cautions that any potential revenue could be dramatically higher or lower based on a number of factors, including the level of taxation, the amount of tax evasion and the response by the federal government.

Past research provides solid evidence that marijuana consumption goes up when prices go down, but the magnitude of the consumption increase cannot be predicted because prices will fall to levels below those ever studied, researchers say. Consumption also might rise because of non-price effects such as advertising or a reduction in stigma.

In addition to uncertainty about the taxes levied and evaded, researchers do not know how users will respond to such a large drop in price. Even under a scenario with high taxes ($50 per ounce) and a moderate rate of tax evasion (25 percent), researchers say they cannot rule out consumption increases of 50 percent to 100 percent, and possibly even larger. If prevalence increased by 100 percent, marijuana use in California would be close to the prevalence levels recorded in the late 1970s.

The analysis, prepared by the RAND Drug Policy Research Center, was conducted in an effort to objectively outline the key issues that voters and legislators should consider as California weighs marijuana legalization.

Uncertainty

"There is considerable uncertainty about the impact that legalizing marijuana in California will have on consumption and public budgets," said Beau Kilmer, the study's lead author and a policy researcher at RAND. "No government has legalized the production and distribution of marijuana for general use, so there is little evidence on which to base any predictions about how this might work in California."

The analysis also suggests that the annual cost of enforcing current marijuana laws is smaller than suggested by others. The RAND study estimates that the cost of enforcing the current laws probably totals less than $300 million.

"It is critical that legislators and the public understand what is known and unknown as the state weighs this unprecedented step," said Rosalie Liccardo Pacula, a study co-author and co-director with Kilmer of the RAND Drug Policy Research Center.

Two proposals are pending that would legalize the production and sale of marijuana in California. Assembly Bill 2254 authored by Assemblyman Tom Ammiano (D-San Francisco) would legalize marijuana for those aged 21 and older and task the state Department of Alcoholic Beverage Control with regulating its possession, sale and cultivation. The bill would create a $50 per ounce excise tax and these funds would be used to fund drug education, awareness, and rehabilitation programs under the jurisdiction of the State Department of Alcohol and Drug Programs.

In November, California voters will consider a ballot measure titled the Regulate, Control and Tax Cannabis Act of 2010 that would make it legal for those aged 21 and older to cultivate marijuana on a 5-foot-by-5-foot plot, and possess, process, share or transport up to one ounce of marijuana. In addition, the initiative would authorize cities or counties to allow, regulate and tax the commercial cultivation and sales of marijuana. Such activities would remain illegal in jurisdictions that do not opt in.

Federal response

What remains to be seen, however, is how the U.S. Government would respond to the potential legalization of marijuana in California. Marijuana remains a controlled substance under federal law.

In the last week the U.S. Government sued the State of Arizona, saying its new illegal immigration law intrudes on federal authority to control the borders. The Justice Department could challenge a California pot law on similar grounds.

In only two countries have there been changes in the criminal status of supplying marijuana. The Netherlands allows for sale of small amounts of marijuana (5 grams) in licensed coffee shops and in Australia four jurisdictions have reduced the penalties for cultivation of a small number of marijuana plants to confiscation and a fine. Neither has legalized larger-scale commercial cultivation of the sort California is considering.

In 1975, California was one of the first states to reduce the maximum penalty for possessing less than an ounce of marijuana from incarceration to a misdemeanor with a $100 fine. In 1996, California became the first state to allow marijuana to be grown and consumed for medical purposes.

$38 an ounce

RAND researchers say one effect of legalizing marijuana would be to dramatically drop the price as growers move from clandestine operations to legal production. Based on an analysis of known production costs and surveys of the current price of marijuana, researchers suggest the untaxed retail price of high-quality marijuana could drop to as low as $38 per ounce compared to about $375 per ounce today.

RAND researchers caution there are many factors that make it difficult to accurately estimate revenue that might be generated by any tax on legal marijuana. The higher the tax, the greater the incentives would be for a gray market in marijuana to develop, researchers say.

"A fixed excise tax per ounce may give producers and users an incentive to shift to smaller quantities of higher-potency forms of marijuana," said study co-author Jonathan P. Caulkins, the H. Guyford Stever Professor of Operations Research at Carnegie Mellon University's Heinz College and Qatar campus. Such a shift is another factor that could lower revenues collected from marijuana taxes.

In addition, since the November ballot initiative leaves it to local governments to set tax rates, the size of any levy could vary broadly. A jurisdiction with a low tax rate might attract marijuana buyers from elsewhere in the state or even other states, further complicating efforts to predict government revenues from the sale of legal marijuana, according to researchers.

Societal costs

The RAND report also investigates some of the costs to the state and society in general, such as drug treatment and other health expenses, that may change if marijuana is legalized in California.

It's unclear whether legalizing marijuana may increase or decrease drug treatment costs, according to the study. More than half of the 32,000 admissions for treatment of marijuana abuse in California during in 2009 resulted from criminal justice referrals, which could drop if legalization is approved. However, an increase in marijuana use could cause a spike in those who voluntarily seek treatment for marijuana abuse, researchers say.

July 11, 2010
A Wisconsin family will mark a life-changing anniversary today. On July 11, 2009, two-year-old Brandon Rudie was severely injured after his father accidentally backed over him with a riding lawn mower. Today, after five facial surgeries, Brandon is an energetic three-year-old, but his recovery is ongoing.

In an interview with WFRV TV-5 in Green Bay, Scott Rudie said he hopes his sons story will prevent other lawn mower accidents.

No matter how safe you think you are or how careful you think you are accidents can happen, Rudie told WFRV. It can change your life in a heartbeat.

Last year, 247,000 Americans were treated for lawn mower-related injuries more than 18,000 of them under age 19. According to the U.S. Consumer Product Safety Commission, these injuries have increased seven percent since 2008.

Young children should not be allowed to operate lawn mowers, nor play around them, said Janet Jenkins, administrator of the Wisconsin Division of Trade and Consumer Protection. Lawn mower injuries are typically very serious, and can include deep cuts, loss of fingers and toes, eye injuries and even limb amputations.

Safety experts recommend children be at least 12 years old before they operate a walk-behind lawnmower, and at least 16 years old for a riding mower. In addition, Wisconsin's Consumer Protection Division offers these tips to keep your family safe during the lawn mowing season:

• Children should never be passengers on riding mowers.
• Always wear sturdy shoes while mowing not sandals.
• Young children should be at a safe distance from the area being mowed.
• Pick up debris, yard tools and hoses from the lawn to prevent injuries from flying objects.
• Dont use a lawnmower on hills unless you know how to do so properly.
• Dont mow when the grass is wet and slippery.
• Wear eye and hearing protection.
• Use a mower with a control that stops it from moving forward if the handle is released.
• Maintain your lawnmower so that it operates properly.
• Never pull backward or mow in reverse unless absolutely necessary carefully look for others behind you when you do. To watch WFRVs full interview with the Rudie family click here http://www.wfrv.com/news/local/Outagamie-County-boy-makes-a-remarkable

Facebook is face to face with yet another privacy issue, this one in the form of a class action lawsuit brought in Canada.

The suit concerns changes made to Facebook's privacy settings in late 2009, when the company changed the default setting for scores of user information to public. As a result, users' names, photos, and friend lists all became available for everyone to see, even if the user had previously specified that only her friends could view it. In order to make the information private again, the user had to affirmatively go in and change the settings back.

The suit, which is being handled by the high-profile Merchant Law Group, alleges that the website duped consumers with regard to how Facebook would share, use and disseminate the personal information of the plaintiff and class action members.

What Facebook is doing is a bait-and-switch process, attorney Tony Merchant told The Toronto Sun. The bait is that they wanted to be able to do demographic sales targeting, and the switch is that to do that, they needed to get into people's personal information.

Merchant said that the lawsuit covers every Facebook user in Canada, which, according to an Inside Network poll, constitutes 48 percent of the country's population.

The suit comes as Facebook rolls out new privacy measures intended to quell charges that the website shares too much information with third parties. Previously, Facebook users who opened applications -- such as games, bumper stickers, and pokes -- were given a blanket warning that the app could pull your profile information, photos, your friends info, and other content that it requires to work.

That applied with equal force to data that had been explicitly marked private by the user. Under the new system, instituted Wednesday, apps can only pull information marked as public; for anything else, it must obtain permission from the user first.

And Facebook has already dealt with several high-profile privacy-related blunders that have scarred its reputation among cautious consumers. In September, the website turned off its Beacon advertising program, which recorded members' activity on external sites and reported it back to their friends. Beacon, whose demise was itself spurred by a class action, was also an opt-out feature; that is, users had to actively turn the program off in order to stop external data from reaching their news feeds.

Another class action, filed last November, said that consumers who play games on Facebook were unwittingly enrolled in a useless SMS service after participating in special offers to earn online cash.

The seemingly constant barrage of negative attention threatens to take a toll on the world's most populated social networking website. A recent survey found that 65 percent of consumers are less likely to interact or share information because of concerns over privacy, and that 30 percent had fallen victim to a phishing attack.

Additionally, Facebook has seen its registration numbers in North America sputter; an Inside Network study found that, while the website picked up 7.8 million new users in May, it gained only 320,000 in June. More ominously, the site lost traffic among users in the 18-25 and 35-44 age demographics, though it has been gaining ground rapidly overseas.

Consumers can officially join the suit at Merchant's website, although doing so isn't required to be included in the class. Over 100 consumers have already registered to join. Merchant told the Sun that his firm is looking for consumers whose especially private information -- like trade secrets or sexually explicit photographs -- were made public without their knowledge.

By Mark Huffman
ConsumerAffairs.com

July 9, 2010
Wells Fargo is getting out of the subprime mortgage business, announcing plants to consolidate its Consumer Finance division.

The company said it expects 638 independent consumer finance offices will be closed as a result. In closing the offices, Wells Fargo said it is "exiting the origination of non-prime portfolio mortgage loans."

Subprime loans, often offered with low "teaser" rates, were the first to go bad, triggering a wave of foreclosures and precipitating the credit crises in late 2008.

The remaining consumer and commercial loan products offered through Wells Fargo Financial will be realigned with those offered by other Wells Fargo business units and will be available through Wells Fargo's expanded network of community banking and home mortgage stores, the company said.

The consolidation is also the result of Wells Fargo's 2008 merger with Wachovia. The bank says its customers now have access to its 6,600 Wells Fargo and Wachovia community bank stores and its 2,200 Wells Fargo Home Mortgage locations, eliminating the need for a separate network of Wells Fargo Financial local offices.

Fewer than two percent of all Wells Fargo's real estate loans were originated in Wells Fargo Financial stores in the first quarter of 2010, the company said.

"Our network of U.S.-based consumer finance stores, which have historically operated as an independent sales channel from our bank operations, have served customers well for more than 100 years," said David Kvamme, president of Wells Fargo Financial, "but the economics of a separate Wells Fargo Financial channel are no longer viable, especially now that our customers have access to the largest banking and mortgage store network in the United States."

The company said the restructuring of Wells Fargo Financial will not affect the number of community banking or home mortgage stores currently in operation. Customers with existing Wells Fargo Financial consumer loans and clients of Wells Fargo Financial's commercial businesses will continue to be served without disruption.

Consolidation

FHA home loans, auto loans and credit cards previously offered by Wells Fargo Financial will be consolidated with similar products across the company and will be offered through the company's network of community banking stores, mortgage stores, phone banks and wellsfargo.com. Wells Fargo Financial's commercial businesses will be realigned with business units within Wells Fargo over the next 12 months. However, Wells Fargo will no longer originate non-prime portfolio real estate loans.

Wells Fargo said it will also eliminate approximately 2,800 positions during the next 60 days, and 1,000 positions will likely be eliminated during the next 12 months.

A medical reviewer for the U.S. Food and Drug Administration contends drug giant GlaxoSmithKline got it wrong when it proclaimed a study found its popular diabetes drug Avandia is safe.

In fact, Dr. Thomas Marciniak, in a posting on the FDA web site, said the study actually shows the opposite - Avandia may cause heart attacks.

Marciniak's review is part of an FDA effort to brief an expert panel scheduled to convene later this month to determine whether questions about Avandia are serious enough to require its removal from the marketplace. GSK's analysis was part of its case that the drug should not be removed.

But in looking at the data, Marciniak wrote that the information in the study was so misinterpreted that it's hard not to conclude it was done on purpose.

"One does not have to be a mathematician or to perform calculations to come to the conclusion that a combined look at all the trials of Avandia would demonstrate that it causes heart attacks," Marciniak writes.

Some health advocates have long demanded Avandia's removal from the market. In 2008 the consumer group Public Citizen petitioned the FDA to institute an immediate ban of the drug. The group said at the time the drug is dangerous and can cause death from liver failure and many other life-threatening risks.

At the time, Public Citizen released new research about the drug, used to treat Type 2 diabetes, that is said raised concerns about the drug's risks.

"The scientific consensus against Avandia is overwhelming," said Dr. Sidney Wolfe, director of Public Citizen's Health Research Group, when the research was released two years ago. "The timing of these findings should give the FDA the momentum it needs to act swiftly to prevent further needless deaths and health damage by banning this drug."

Complaints

Some patients taking Avandia have complained to ConsumerAffairs.com over the years about health complications while taking the drug.

"I was prescribed Avandia and took it for about a year," Wayne, of Seffner, Fla., told ConsumerAffairs.com in 2009. "After having chest pains I had to do the stress test and was put into the hospital . After the heart specialist determined my heart was OK he told me to stop taking the medication. Several thousand dollars later!" (More complaints)

GSK, meanwhile, stands behind its assessment that Avandia is safe.

"Since 2007, we have seen results from six controlled clinical trials looking at the cardiovascular safety of Avandia, and together they show that this medicine does not increase the overall risk of heart attack, stroke, or death," said Dr. Murray Stewart, GSK's vice president for clinical development.

Senior citizens are urged to be on the lookout for fraud as they begin to receive their $250 rebates for Medicare Part D prescription drug costs under the new federal health care reforms.

The one-time, tax-free rebate is being sent to eligible senior citizens to help them pay for the "doughnut hole" -- the gap above the initial prescription drug coverage limit but below the point where catastrophic coverage begins.

"Don't give out personal information to anyone who calls you about the $250 rebate check, "said New York State Insurance Superintendent James Wrynn. There have been reports in some states that senior citizens are being contacted and told that they must disclose personal information to receive their rebates or that rebate checks must be transferred to a third party. This is simply not true."

So far, there have been no reports of this specific type of Medicare fraud in New York State. However, other states have reported that seniors are being contacted and asked for personal information such as their Social Security and bank account numbers. Some seniors have been told, falsely, that they can get their rebates faster by paying an upfront fee.

Filling the 'doughnut hole'

The federal government is now mailing the rebate checks to eligible individuals after they reach the "doughnut hole" coverage gap. Individuals enrolled in some private benefits plans or those enrolled in the Medicare Extra Help plan are not eligible.

Under the federal health care reforms, the $250 rebate is the first in a series of steps that will be undertaken through 2020 to eliminate the so-called "doughnut hole" gap. Currently, Medicare beneficiaries whose drug costs reach $2,830 must pay all additional drug costs until their total out-of-pocket expenses reach $4,550 when coverage kicks in again.

Senior citizens who suspect they have been contacted improperly should contact the Insurance Department, the New York State Office for the Aging, or their local Health Insurance Information Counseling and Assistance Program (HIICAP).

Detailed information about the $250 rebate may be obtained directly from Medicare by contacting 1-800-MEDICARE (1-800-633-4227), or online, 24 hours a day, seven days a week for assistance.

Senior citizens may also contact the Insurance Department's Consumer Services Bureau between 9 a.m. and 4:30 p.m., Monday through Friday toll-free at 800-342-3736. Information is also available on the Department's website.

Seniors wishing to file complaints are encouraged to use the electronic complaint form on the Department's website, or to call or write to the Consumer Services Bureau, NYS Insurance Department, One Commerce Plaza, Albany, NY 12257.

"The down economy has left many consumers looking for a way to get out of debt," Suthers said. "The defendants in this case are suspected of using deceptive sales pitches to bilk consumers out of thousands of dollars for services they ultimately never received. At its core, this scam preyed on consumers' desires for a silver bullet to get out of debt."

Questionable claims

According to the complaint, Real Talk Network ran infomercials on talk radio stations in Colorado and California. During the infomercials, Real Talk Network and its officers are suspected of telling consumers that they can get out of debt in short period of time, pay off their mortgages in less than 10 years and "explode" their credit scores by following the company's program.

The company also is suspected of advertising a 100 percent success rate for participants. According to the complaint, consumers are advised to attend a "free" three-hour seminar to learn more about the company's program.

Real Talk Network and its officers allegedly told consumers at the seminars that they will be able to work with the company to:

• develop an individualize debt-reduction plan through one-on-one coaching with a trained financial adviser;

• remove negative information from their credit reports and "explode" their credit scores; and,

• obtain no-interest credit and low-interest loans though the special relationships Real Talk Network has with banks.

Freebie wasn't

At the end of the "free" seminar, according to the lawsuit, Real Talk Network representatives pressured consumers to sign up for their services and to pay from $1,497 to $3,497. According to the complaint, consumers who pay the fee or sign up for a monthly payment plan report receiving little to no assistance from financial advisers who have no financial training or experience. Real Talk Network's purported "special relationships" with various banks did not exist.

Burke also is suspected of misrepresenting his credentials and not disclosing information about his financial history that might have changed consumers' minds about the seminars. For example, he misled consumers to believe he was a graduate of the University of Southern California and did not disclose that he had filed for bankruptcy in 2000 and 2007.

Consumers who quit the program or declined to pay once they became aware of the lack of services Real Talk Network provided had their accounts handed off to a collection agency.

"Although we and our partners warn that Colorado consumers should always beware deals that sound too good to be true, companies should not prey on consumers' desperation or fears after going into debt or falling behind on their bills," Suthers said. "This case underlines my office's commitment to ensuring that businesses operate on a level playing field and do not victimize consumers."

Consumers who believe they have been defrauded by a business can file a complaint online with the Office of the Attorney General, or call 1-800-222-4444.

With gold prices at historic highs, many consumers are considering turning that broken necklace or single earring into cash, but a survey of downtown Boston jewelers shows consumers should shop around for the best price.

The survey, conducted by Massachusetts consumer protection officials during the week of June 7 when gold prices were at about $1,200 an ounce, included 10 jewelry stores in Boston's Downtown Crossing and Chinatown neighborhoods. Jewelers were presented a bag of gold jewelry and were asked for an estimated purchase price. The offers ranged from $485 to $1,000.

Our survey shows significant differences in the prices various jewelers will pay average consumers for their gold. It takes a little legwork and a little time for consumers to make sure they are getting best price for their gold. A few hours of work can mean hundreds of extra dollars, said Barbara Anthony, Undersecretary of the Office of Consumer Affairs and Business Regulation.

Going to a number of jewelers to get a price quote is the best way to maximize the value of gold being sold.

The survey included a rope chain, rope bracelet, two rings, and a pair of earrings. Jewelers weighed the gold, checked the karat value of the jewelry, and offered a price. The amounts offered were $485, $550-$600, $600, $650, $680, $700-$750, $706, $803, $810, and $950-$1,000.

In the last year, the price of gold has significantly increased, up about 30 percent from a year ago, and jewelers and other entities have increased their advertising to buy gold. In most cases, gold bought by a jeweler or other entity is melted down as scrap, although some outlets turn around and resell the jewelry.

The high price of gold has led many consumers to consider selling jewelry. But before someone sells jewelry, he or she should consider these tips from the Office of Consumer Affairs and Business Regulation:

• Know what you have. Know the karat value of each piece and have the gold weighed in advance. Your community's weights and measures department will weigh your gold for you.

• Get an appraisal. A local jeweler can tell you how much a piece is worth. But don't take that appraisal to the bank. You are unlikely to get that amount when you sell because the buyer has to make a profit margin in the transaction.

• Research who you are doing business with. Deal with legitimate gold buyers that have been in business for some time. Check their status with the Better Business Bureau.

• Shop around. The first price quote might sound good, but a place nearby may offer you more. Depending on your time available, try to get four or five estimates so you have a good handle on what you should be getting.

• Avoid mail-in or "expo" programs. An entity that sets up shop at a local hotel for a weekend may not offer you the best deal. The mail-in offers you see on television have a history of low-balling payments, and in some cases having jewelry lost in the mail.

Gold jewelry is a valuable commodity, and consumers shouldn't be overly casual in their efforts if they are selling it, Undersecretary Anthony said. A little sweat equity can pay off in both the pocketbook and as peace of mind.

American Suzuki has received two reports of flame arrester screens detaching from the mounting ring. No injuries have been reported.

This recall involves all Suzuki 2009 model year LT-Z400K9 (QuadSport Z400) and LT-Z400ZK9 (QuadSport Z400 Special Edition) ATVs. "QuadSport Z400" or "QuadSport Z400Z" is written on the sides and left front fender of the ATV. "Suzuki" is written on the sides of the ATV.

The ATVs, made in Japan, were sold at Suzuki ATV dealers nationwide from September 2008 through June 2010 for between $6,500 and $6,700.

Consumers should stop using these vehicles immediately and contact a local Suzuki ATV dealer to schedule an appointment for a free repair. Consumers with recalled ATVs are being sent a notice directly from Suzuki.

For more information, consumers can contact Suzuki at (800) 444-5077 between 8:30 a.m. and 4:45 p.m. PT Monday through Friday, or visit the firm's website at www.suzukicycles.com.

The recall is being conducted in cooperation with the U.S. Consumer Product Safety Commission (CPSC).

The Alliance to Save Energy, a Washington, DC-based conservation group, has projected that the average U.S. household will spend more than $2,000 on home energy this year, so cutting monthly bills by 10 or 20 percent with energy efficiency means significant savings.

The group also notes that certain energy efficiency home improvements qualify for generous federal income tax credits of up to $1,500. The credits expire on December 31, 2010, so it may be a good time to consider taking advantage of them.

The Alliance suggests the following tips to help reduce the cost of beating the heat:

1. Cooling puts the greatest stress on summer energy bills, so make sure your AC equipment is in top running order. A professional "tune-up" could save you the cost and misery of a breakdown on the hottest days.

2. Replacing your 12+ year old central air conditioning system (CAC) with an ENERGY STAR qualified model could cut your cooling costs by 30 percent, according to the Environmental Protection Agency (EPA). And while these products can have a higher purchase price, the cost difference will be paid back over time through lower energy bills, EPA says.

Size matters

3. For optimum performance, make sure CAC systems or window units are properly sized. EPA says a system that's too large will not keep your home comfortable due to frequent "on/off" cycling. Incorrect sizing can also put stress on system components and shorten the equipment's life. A qualified contractor can help you ensure proper sizing.

4. Purchase the AC unit with the highest Seasonal Energy Efficiency Ratio (SEER) that you can afford -- the higher the SEER level, the more energy efficient the equipment. Current federal appliance standards require a SEER rating of at least 13 on CAC systems.

5. Clean or replace CAC system filters monthly -- and window unit filters even more frequently.

Be a fan of fans

6. Using ceiling fans to circulate air will make you feel cooler and possibly allow you to raise the temperature setting on your AC thermostat by a few degrees. But be sure to turn the fan off when you leave the room, because fans cool people, not rooms.

7. A programmable thermostat automatically coordinates indoor temperatures with your daily and weekend patterns, reducing cooling bills by up to 10 percent by raising the indoor temperature while the house is empty -- yet ensuring that when you return home, it's cool and comfortable.

8. Plug energy leaks with weather stripping and caulking and be sure your house is properly insulated to save up to 20 percent on cooling (and winter heating) bills. These and other energy efficiency home improvements can generate a federal tax credit of up to $1,500; Check online for details on qualifying products.

9. Your air conditioner works overtime to cool hot air from sunny windows, so consider investing in energy-efficient windows to save money and increase indoor comfort. Efficient windows, glass doors and skylights are eligible for federal tax credits. If you live in the Sun Belt, look into "low-e" windows, which can cut the cooling load by 10 to 15 percent, according to the U.S. Department of Energy's Energy Savers booklet.

10. Curtains and shades on the sunny sides of your home will provide additional relief.

July 7, 2010
A settlement -- the first of its kind in the nation -- has been reached between Health Net and its affiliates and the state of Connecticut in a security breach case.

Health Net was accused of failing to secure private patient medical records and financial information on nearly a half million Connecticut enrollees and promptly notify consumers endangered by the breach.

The settlement provides powerful protections for consumers and a $250,000 payment to the state. It's the first action by a state attorney general for violations of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) since the Health Information Technology for Economic and Clinical Health Act (HITECH) authorized state attorneys general to enforce HIPAA.

The agreement resolves allegations that Health Net violated HIPAA, as well as state privacy protections regarding personal data such as social security numbers and financial information.

Missing data

Connecticut Attorney General Richard Blumenthal sued after Health Net allegedly lost a computer disk drive in May 2009 containing protected health and other private information on more than 500,000 Connecticut citizens` and 1.5 million consumers nationwide. The missing disk drive contained names, addresses, social security numbers, protected health information and financial information.

Underscoring the seriousness of the matter, Blumenthal learned that the company delayed notifying consumers and law enforcement authorities, and that an investigation by a Health Net consultant concluded the disk drive was likely stolen.

Blumenthal negotiated stronger protections for individuals than what Health Net initially offered, including two years of credit monitoring, $1 million of identity theft insurance and reimbursement for the costs of security freezes.

Setting precedent

"This settlement is sadly historic -- involving an unparalleled health care privacy breach and an unprecedented state enforcement of HIPAA," Blumenthal said. "Protected private medical records and financial information on almost half million Health Net enrollees in Connecticut were exposed for at least six months before Health Net notified appropriate authorities and consumers."

This settlement, he said, "sends a strong message to Health Net and all guardians of private health and financial information about their profound responsibilities to protect medical and financial records."

Terms

Under the settlement, which involves Health Net of the Northeast, Inc., Health Net of Connecticut Inc., and parent companies UnitedHealth Group Inc. and Oxford Health Plans, the company and its affiliates have agreed to:

• A "Corrective Action Plan" in which Health Net is implementing several detailed measures to protect health information and other private data in compliance with HIPAA. This plan includes continued identity theft protection, improved systems controls, improved management and oversight structures, improved training and awareness for its employees, and improved incentives, monitoring, and reports.

• A $250,000 payment to the state representing statutory damages. This payment is intended as a future deterrent to such conduct not only by Health Net, but by other insurers and health care entities that are entrusted with individuals' private information.

• An additional contingent payment to the state of $500,000, should it be established that the lost disk drive was accessed and personal information used illegally, impacting plan members.

July 6, 2010
The oil spill in the Gulf of Mexico has presented a whole new array of possible scams for those looking to cash in on the situation. Among them - schemes designed to steal money from people looking for a job -- especially work involving helping to clean up the BP mess.

Bogus ads for oil spill clean-up jobs in the Gulf are appearing in newspapers, online, and in email inboxes. Some promoters claim they can get you a job once you pay them for training or certifications. Others require you to pay a fee before they let you start.

Some send bogus emails that may appear to be from BP, and ask for your personal information and fees as part of the application process. Still others may falsely claim they've been authorized by BP to hire clean-up crews.

The Federal Trade Commission (FTC) says the telltale signs of oil spill job scams are similar to the telltale signs of every job scam -- and that people who are looking for Gulf clean-up jobs have several sources of legitimate employment and volunteer opportunities.

Spotting a scam

If you're looking for a job or want to volunteer your services in the Gulf clean up, here are some red flags:

• Guaranteed jobs or guaranteed placements. Regardless of how severe the situation -- and how much you want to believe the promises -- no legitimate company makes guarantees about placing anyone in a job.

• An employer or employment-service firm that wants you to pay for training, certification, or its expenses placing you with a company. Legitimate employers and firms don't ask you to pay them for the promise of a job. In fact, it's against the U.S. Department of Labor's (DOL) Occupational Safety and Health Administration (OSHA) guidelines for employers to charge employees for training.

• Vague offers. The more general the email "job" description, the less likely there is a valid job. If you see phrases like "We have thousands of jobs" or "We represent BP," consider it a problem. Report it to the FTC. Send a copy of unwanted or deceptive messages to spam@uce.gov and then delete it. The FTC uses the unsolicited emails stored in this database to pursue law enforcement actions against people who send deceptive spam email.

• You're asked for your financial information. No credible employer needs your bank account information or credit or debit account numbers to interview you or hire you. Scam artists can use this information to commit identity theft.

• Companies that charge you for lists of available jobs. Some listing services and "consultants" write ads that sound like they have jobs waiting for you. But they're selling information about how to find a job, and that's generally available for free.

Legitimate opportunities

If you're interested in getting involved with the clean up, here are several sources for legitimate opportunities. Remember some jobs do require special training, but stipends are available to cover those costs.

• Deepwater Horizon Response -- 1-866-448-5816

• BP

• Alabama -- Environmental Cleanup

• Florida -- Florida Attorney General

• Louisiana - the Louisiana Oil Spill Coordinator's Office, and the Louisiana Workforce Commission

• Mississippi Department of Employment Security or 1-800-224-1388

State volunteer opportunities

If you're interested in volunteering, call the Deepwater Horizon Response Volunteer Request Line at 1-866-448-5816 or visit these state websites:

• Alabama

• Florida

• Louisiana

• Mississippi

Employer responsibilities

OSHA Worker Safety Requirements are designed to ensure that oil spill response and clean-up operations are done safely, effectively and efficiently. Go here for more information about common operations, hazards, training and worker protection.

By Lisa Wade McCormick
ConsumerAffairs.com

July 6, 2010
Continued fears of salmonella contamination have prompted an Ohio company to expand its recall of vitamins for dogs and include more tablets and powered products.

United Pet Group of Cincinnati has broadened its recent recall of its Pro-Pet Adult Daily Vitamin Supplement tablets for dogs to include additional pet nutritional supplements for dogs and cats.

The company said its taking this action out of an abundance of caution after tests revealed some of lots of the products may be tainted with salmonella, a bacterium that can cause food poisoning.

The recalled supplements -- that include various Pro-Pet, Excel, and private label products in tablet and powered forms -- were sold in retail stores nationwide. The affected products have expiration dates between "01/2013" and "06/2013." Products with expiration dates earlier than 01/2013 or later than 06/2013 are not included in this action.

These products are being removed from retail stores and consumers should immediately stop feeding these supplements to their pets, the company said in a written statement.

TABLE OF RECALLED PRODUCTS

Pet owners who purchased the recalled products can contact United Pet Group at 1-877-399-5226 for more information about this action.

The Food and Drug Administration (FDA) said pets with salmonella infections may be lethargic and have diarrhea or bloody diarrhea, fever, and vomiting. Some pets will have only decreased appetite, fever and abdominal pain. Pet owners with dogs that consumed the recalled product and have these symptoms should contact their veterinarians.

The FDA warned that infected but otherwise healthy pets can spread salmonella to other animals or humans. People who handle the recalled supplements and powders can also become infected if they do not thoroughly wash their hands after touching the products or surfaces exposed to them.

Symptoms of salmonella infections in humans include nausea, vomiting, diarrhea or bloody diarrhea, abdominal cramping and fever. In rare cases, salmonella can cause more serious health problems, including arterial infections, arthritis, muscle pain, eye irritation, and urinary tract symptoms. Consumers who have any of these symptoms after handling the recalled products should contact their physicians, the FDA said.

After giving a warning last week that it was considering a recall, Toyota today announced it would indeed recall 270,000 luxury Lexus models, including 139,000 sold in the U.S.

The Japanese carmaker said the vehicles' engines are prone to stall while running.

Toyota said it has informed the National Highway Traffic Safety Administration (NHTSA) of its intention to file a Defect Information Report (DIR) regarding the Lexus vehicles, powered by 4.6 and 5.0 liter V8 and 3.5 liter V6 engines in certain 2006, 2007 and 2008 GS, IS and LS models in the U.S. The formal report will be filed later this week.

"In the covered vehicles, due to slight variations during the manufacturing process, some foreign material may have contaminated a small number of the valve springs," Toyota said in a statement.

If a vehicle is affected, the company says there is a "remote" possibility that abnormal engine noise or idling may occur. In extremely rare instances, the engine may stop while the vehicle is in operation.

According to Reuters, Toyota received reports of the defect more than three years ago.

Lexus estimates that the likelihood of a customer vehicle experiencing this condition is two-tenths of one percent. Lexus said it has received no reports of accidents or injuries related to this condition. No vehicles from the current 2010 model year nor 2009 are affected.

Lexus said it will send owners of the involved vehicles a recall notification via first class mail. Owners are requested to contact their local Lexus dealer for diagnosis and repair after receiving their notification. The repair will involve replacement of the engine's valve springs at no charge.

The company say owners can continue to drive their vehicles. If symptoms are noticed, such as vibration, rough idling, unusual engine sounds or poor performance, the vehicle should be brought to a Lexus dealer for service.

Certain Lexus vehicles produced among the following models and years are covered:

Not a new problem

While Toyota conceded that it had received complaints of the problem dating back to 2007, it said that it was not until October 2009 that the complaints of "total engine failures" began to spike.

The company said that on July 1, it decided to issue the recall after tracing the problem to the strength of valve springs with a wire diameter of 3.3 mm.

Researchers at the Institute of Psychiatry at King's College London say a simple blood test could soon give Alzheimer's patients ten years advance warning that they will get the disease.

The breakthrough came after researchers found high levels of a protein can be an early sign of the condition.

The study, published in the Archives of General Psychiatry, has found that clusterin levels in blood could be an early biomarker of AD many years before symptoms appear. The international team of scientists also found that higher levels of clusterin were related to more severe and rapid memory loss and greater brain shrinkage.

It is these findings, they say, that could lead to development of a blood test to help identify who would benefit from early treatment of AD and also whether treatments were working to delay or prevent brain damage.

Researchers have been focusing on developing an inexpensive blood test that will accurately reflect the damage detected by brain scans in patients in the early stages of AD, such as shrinkage ("atrophy") in certain regions and abnormal accumulations of a protein called beta amyloid.

In this study, researchers used a novel strategy combining brain scans with proteomics, a method that can detect hundreds of proteins in a single blood sample. They compared blood samples and brain scans of 300 research participants with AD, mild cognitive impairment or normal cognition.

They found that a single protein -- clusterin -- was related to brain shrinkage, severity of memory problems and a risk of faster memory loss. Using the same method in blood samples from volunteers in a continuing study in the United States, they showed that increased amounts of clusterin -- measured a decade earlier to the brain scans -- were linked to higher levels of beta amyloid in the brain.

Finally, in mouse models of AD, researchers discovered increased levels of clusterin in the blood as the mice aged. Under the microscope, they also observed clusterin to be surrounding the amyloid plaques.

They concluded this provides further evidence that clusterin is critically important in Alzheimer's where it probably works to help protect the brain from amyloid protein. This finding from proteomics complements the discovery reported last year by an international team including the KCL group that showed the clusterin gene increased risk of AD -- a finding noted by Time magazine as one of the top ten medical discoveries of 2009.

Easy test

"A primary goal in Alzheimer's research is to develop an inexpensive, easily administered test to accurately detect and track the progression of this devastating disease. Identifying clusterin as a blood biomarker that may be relevant to both the pathology and symptoms of the disease may bring us closer to this goal," said Dr. Madhav Thambisetty, formerly of the IoP KCL UK and now with the National Institute on Aging, National Institutes of Health, US.

The authors say the results of their research add further evidence to the role of clusterin in AD, and though not a test in itself, they hope their work will lead to development of a blood test that can identify future AD victims.

"A simple blood test for detecting Alzheimer's has long been the Holy Grail for dementia researchers and these new findings edge us closer in the search. Early detection of dementia will be crucial to ensuring the treatments of the future can be given swiftly and when most effective," said Rebecca Wood, Chief Executive of the Alzheimer's Research Trust (ART). "Research is the only answer to dementia, yet our scientists remain in desperate need of funds. Investing in research now will bring the treatment breakthroughs we so urgently need in a world where 35 million live with this devastating condition."