Australian soy milk action widened to Japanese firms

SYDNEY: Hundreds of Australians who became sick after drinking soy milk containing dangerously high levels of iodine have widened their class action to include two Japanese companies, lawyers said.

About 600 Australians became ill after consuming Bonsoy milk, many suffering thyroid problems, up until the product was withdrawn from sale in late 2009, Maurice Blackburn Lawyers said late Thursday.

The case against the Australian brand owner Spiral Foods launched in the Victorian Supreme Court in 2010 had been widened to include manufacturer Marusan-ai Co Ltd and exporter Muso Co Ltd, the firm said.

"We say that these three companies had test results in mid-2006 which showed that Bonsoy contained extremely high levels of iodine, but they did nothing," said senior associate Irina Lubomirska in a statement.

Lubomirska said the companies had breached consumer protection laws in Australia and Japan.

"None of the three companies did anything to ensure that Bonsoy, which was marketed and sold as a premium health-food soy brand, was in fact safe to consume," she said.

The class action alleges that Spiral requested a reformulation of Bonsoy to include iodine-rich kombu instead of adding salt and that as a result the product had contained excessive iodine since mid-2003.

It also alleges that consumer concerns about iodine were repeatedly dismissed.

Victims are seeking compensation for medical expenses and loss of income as well as for the pain and suffering.

By the time Bonsoy was recalled in late 2009, after Australian authorities discovered that one glass contained seven times the upper safe dose of iodine for adults, it had been on the market for six years, Maurice Blackburn said.

Because it was touted as a healthy product, some consumers had increased their intake when they became ill, Lubomirska added.

A directions hearing on the matter is scheduled for March 8.

-AFP/ac

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1 pilot, 3 airhostesses found drunk since Christmas

NEW DELHI: The fear of losing their flying licence led to pilots celebrating Yuletide and ushering in the New Year on a sober note this year. Authorities caught only one pilot — but three airhostesses — reporting to work in an inebriated state during breathalyser (BA) tests done at airports from Christmas to Wednesday.

All four flight personnel were from Jet Airways. "We have a zero tolerance policy for this issue and carry out strict BA tests. Whoever fails the tests is, as per DGCA guidelines, suspended for three months," said aJet spokesperson.

A DGCA official said two flight crew members failed the BA test in Chennai and one each in Delhi and Kochi. "The punishment is very severe now for pilots failing BA tests as their licence is suspended for three months when caught first time and for five years for the second time. This means end of flying career as a five-year suspension will lead to all eligibilities lapsing," he added.

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Pictures We Love: Best of 2012

Photograph by Mindy Schauer, Orange County Register/AP

Powder-splattered, and powder-splattering, runners cross the finish line of The Color Run 5K in Irvine, California, on April 22. Each kilometer (0.6 mile) of the event features a color-pelting station dedicated to a single hue, culminating in the Pollock-esque riot at kilometer 5.

The "magical color dust" is completely safe, organizers say, though they admit it's "surprisingly high in calories and leaves a chalky aftertaste."

See more from April 2012 >>

Why We Love It

"Vibrant color floating through the air automatically brings to mind festive Holi celebrations in India. We expect to see revelers in Mumbai but instead find a surprise in the lower third of the frame—runners in California!"—Sarah Polger, senior photo editor

"There are a lot of eye-catching photographs of the festival of Holi in India that show colored powder in midair, but this particular situation has the people all lined up in a row—making it easy to see each of their very cinematic facial expressions."—Chris Combs, news photo editor

Published January 3, 2013

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James Holmes Defense: Was He Insane?

Jan 3, 2013 5:30pm

James Holmes appears in court, Centennial, Colo., July 23, 2012. RJ Sangosti/AP Images.

ABC’s Clayton Sandell and Carol McKinley report:

A judge ruled Thursday that public defenders for accused Colorado theater shooting suspect James Holmes can call two unidentified witnesses at next week’s preliminary hearing to testify about the defendant’s “mental state.”

Arapahoe County, Colo. prosecutors had sought to keep the witnesses out of court, but Judge William Sylvester ruled that the now-25-year-old accused killer has a right to call the witnesses at a preliminary hearing.

The Jan. 7 preliminary hearing will essentially be a mini-trial in which prosecutors will present witness testimony and evidence to convince the judge that there is enough of a case against Holmes to proceed to a trial.

Witnesses to be called for the prosecution include the Aurora police lead detective, first responders, the Arapahoe County coroner and likely a computer forensic specialist, according to prosecution sources who declined to be identified, citing a gag order in the case.

A top priority, the prosecution sources say, will be showing that Holmes acted with premeditation when he allegedly murdered 12 people and wounded 58 on the night of July 20 during a midnight showing of “The Dark Knight Rises.”

Defense attorneys may pursue a legal strategy to show that Holmes was not in his right mind at the time of the shooting.

Holmes, who has not yet entered a plea, has been repeatedly described in court by his legal team as mentally ill. While a graduate student at the University of Colorado, he was in the care of a psychiatrist.

Prosecutors say they will also present photos, video and 911 calls during the hearing, which is expected to last all week.

It’s not clear what the two witnesses’ relationship is to the shooting, or to Holmes.

Prosecutors, Judge Sylvester’s order says, contend that “neither witness has personal knowledge of the events at the Century Aurora 16 Theater.”

Sylvester said the witnesses are non-expert “lay witnesses” who have so far chosen not to be interviewed by defense investigators but have been cooperating with law enforcement.

SHOWS: World News

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Clinton out of hospital, keen to resume work

NEW YORK: US Secretary of State Hillary Clinton was released from a New York hospital late Wednesday and is expected to make a full recovery from a rare blood clot in her head, a top aide said.

"Secretary Clinton was discharged from the hospital this evening," Deputy Assistant Secretary Philippe Reines said in a statement, three days after the 65-year-old diplomat was admitted for treatment.

"Her medical team advised her that she is making good progress on all fronts, and they are confident she will make a full recovery," he said, adding that Clinton was "eager to get back to the office."

Earlier the top US diplomat, bundled up against the cold in a winter coat and wearing dark glasses, appeared in public for the first time in almost a month, when she came out of a building at the New York Presbyterian Hospital.

It was the first time Clinton had been seen since catching a stomach virus on returning from a trip to Europe on December 7, which triggered a series of health scares and forced her to cancel a planned visit to North Africa.

Accompanied by her smiling husband, former president Bill Clinton, as well as her daughter Chelsea and several aides, Clinton walked unaided to a waiting black van at the hospital, according to images broadcast by CNN.

Both Clinton and her family "would like to express their appreciation for the excellent care she received from the doctors, nurses and staff at New York Presbyterian Hospital Columbia University Medical Center," Reines added.

He did not say when the secretary would return to work though, promising only to issue an update in the coming days. She is due to step down after four years in office later this month, handing the baton to Senator John Kerry, who has been nominated by President Barack Obama to replace her.

"Grateful my Mom discharged from the hospital & is heading home. Even more grateful her medical team confident she'll make a full recovery," Chelsea Clinton said in a tweet.

Kerry's appointment will have to be confirmed by the new Senate, due to be sworn in on Thursday, but as a veteran, well-respected senator he is expected to sail through the hearing.

Earlier, State Department spokeswoman Victoria Nuland said Clinton had been busy keeping in touch by telephone.

"She has been talking to her staff, including today. She's been quite active on the phone with all of us," Nuland told journalists.

The globe-trotting diplomat was admitted to the hospital on Sunday after a routine scan revealed the clot in a vein behind her right ear in the space between her skull and her brain.

Her doctors Lisa Bardack, from the Mount Kisco Medical Group, and Gigi El-Bayoumi, of George Washington University, said in a statement on Monday that Clinton had not suffered a stroke or any neurological damage.

They said however they would be treating Clinton with blood thinners to break up the clot, which if left untreated could be potentially dangerous.

The effects of the stomach bug caused her to become dehydrated. She then fainted and suffered a concussion, which is thought to have brought on the blood clot.

Clinton still has some unfinished business as she wraps up her popular tenure at the State Department, and is widely expected to testify before the end of the month on the September 11 attack on a diplomatic mission in Libya.

She had been due to appear at hearings last month, after a State Department inquiry found security at the Benghazi mission was "grossly inadequate" but was forced to cancel after she fell ill. Four Americans died in the attack.

Republican Representative Peter King said he believed she still needed to testify "and I think she will be pleased to do it. I never have known Hillary Clinton to back away from a fight."

But King told CNN she should not appear before Congress "until she is absolutely in perfect health."

-AFP/ac

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2 months on, victim gets rapist cousin arrested

REWARI: Nearly two months after she was raped and shot at by her cousin, a 19-year-old girl mustered enough courage to revealed the incident to police in Rewari on Wednesday. The cops registered a case and arrested accused Deepak Kumar, 23, a college student, immediately.

Rewari SSP Bharti Arora said that the girl, a second year college student, was accompanying her cousin in his car when he raped her on November 3. The victim told cops that when she tried to escape from the car, Deepak opened fire on her and threatened her with dire consequences.

A bullet hit her on the shoulder and she was admitted in a private hospital, where she remained for about a month.

Sources said that since the accused was a close relative, the family too kept the incident under wraps fearing social stigma. But the girl finally revealed her trauma to the Rewari SSP on Wednesday.

The SSP said that the police have registered a case under sections 376 (rape), 307 (attempt to murder) and 506 (criminal intimidation) against the accused.

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Pictures: Errant Shell Oil Rig Runs Aground Off Alaska, Prompts Massive Response

Photograph courtesy Jonathan Klingenberg, U.S. Coast Guard

Waves lash at the sides of the Shell* drilling rig Kulluk, which ran aground off the rocky southern coast of Alaska on New Year's Eve in a violent storm.

The rig, seen above Tuesday afternoon, was "stable," with no signs of spilled oil products, authorities said. But continued high winds and savage seas hampered efforts to secure the vessel and the 150,000 gallons (568,000 liters) of diesel fuel and lubricants on board. The Kulluk came to rest just east of Sitkalidak Island (map), an uninhabited but ecologically and culturally rich site north of Ocean Bay, after a four-day odyssey, during which it broke free of its tow ships and its 18-member crew had to be rescued by helicopter.

The U.S. Coast Guard, state, local, and industry officials have joined in an effort involving nearly 600 people to gain control of the rig, one of two that Shell used for its landmark Arctic oil-drilling effort last summer. "This must be considered once of the largest marine-response efforts conducted in Alaska in many years," said Steve Russell, of Alaska's Department of Environmental Conservation.

The 266-foot (81-meter) rig now is beached off one of the larger islands in the Kodiak archipelago, a land of forest, glaciers, and streams about 300 miles (482 kilometers) south of Anchorage. The American Land Conservancy says that Sitkalidak Island's highly irregular coastline traps abundant food sources upwelling from the central Gulf of Alaska, attracting large numbers of seabirds and marine mammals. The largest flock of common murres ever recorded by the U.S. Fish and Wildlife Service was in Sitkalidak Strait, which separates the island from Kodiak. Sitkalidak also has 16 wild salmon rivers and archaeological sites tied to the Alutiiq native peoples dating back more than 7,000 years.

Shell incident commander Susan Childs said Monday night that the company's wildlife management team had started to assess the potential impact of a spill, and would be dispatched to the site when the weather permitted. She said the Kulluk's fuel tanks were in the center of the vessel, encased in heavy steel. "The Kulluk is a pretty sturdy vessel," she said. " It just remains to be seen how long it's on the shoreline and how long the weather is severe."

—Marianne Lavelle

*Shell is sponsor of National Geographic's Great Energy Challenge initiative. National Geographic maintains editorial autonomy.

Published January 2, 2013

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Tax Deal Done - but Where's Obama to Sign It?

Jan 2, 2013 6:29pm

AP Photo/Charles Dharapak

Congress officially delivered the bill to avert the fiscal cliff to the White House this afternoon, House Speaker John Boehner’s office told ABC News.

Now the question is when will the President sign it?

The bill, passed late on New Year’s Day, expires tomorrow at 11:59 a.m. when the current session of Congress concludes. If President Obama doesn’t sign it by then, constitutionally the bill is dead.

But this evening, eighteen hours before the deadline, the President is on a golf course in Hawaii.  And the bill is in Washington at the White House.

Administration officials won’t say what they will do despite repeated inquiries from ABC News.

There seem to be two options:  1) An Air Force jet can deliver the bill to Hawaii (better leave quickly!) in time for the President to sign it before 11:59 Eastern Standard Time; or, 2) The White House can use a presidential “auto-pen.”

The simple mechanical device uses a template of the presidential signature to scrawl it on paper if activated by the White House at Obama’s direction.

But would an auto-pen – usually used to sign insignificant correspondence and photographs – pass constitutional muster?  We don’t know.  The question has never been tested by the courts.

A 2005 legal study commissioned by former President George W. Bush determined that use of the autopen is constitutional but acknowledged the possibility that its use could be challenged.  Bush never used the autopen, officials from his administration told ABC.

President Obama is only believed to have used the autopen once to sign a piece of major legislation — the 2011 extension of the Patriot Act — which reached his desk while he was on a diplomatic trip to Europe. Officials invoked national security concerns to justify the move.

Use of the autopen has been controversial.  Conservative groups alleged last summer that Obama used an autopen to sign condolence letters to the families of Navy SEALs killed in a Chinook crash in Afghanistan — a charge the White House disputed flatly as false.

In 2004, then-Secretary of Defense Donald Rumsfeld was criticized for using an autopen to sign condolence letters to the families of fallen troops.

And in 1992 then-Vice President Dan Quayle even got into some hot water over his use of the autopen on official correspondence during an appearance on “This Week with David Brinkley.” More HERE.

ABC News’ Ann Compton and Devin Dwyer contributed reporting.

SHOWS: World News

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Helping VA rehabilitate those with multiple wounds of war

Micaela Cornis-Pop oversees more than 110 rehabilitation facilities around the country, helping the Department of Veterans Affairs (VA) stay at the forefront of developments in treating traumatic brain injury and other medical injuries and issues facing injured veterans and military service members.

With the increase in battlefield survival rates of military personnel serving in Iraq and Afghanistan, service members live with more complex casualties, which led the VA to coin the word “polytrauma” to describe multiple injuries to one person, the most prevalent of which is traumatic brain injury, but also can include post-traumatic stress disorder, multiple amputations, burns, auditory and visual impairments and mental health issues.

In 2005, Cornis-Pop helped conceive, develop and implement the VA’s Polytrauma System of Care, an integrated network of facilities that provide specialized programs to help wounded men and women recover, and move from acute care to outpatient rehabilitation and reintegration into the community. She now leads and manages the system, developing policies and procedures and monitoring their implementation.

“We have a direct impact on how health care is delivered and is impacting veterans and service members, and that is tremendously gratifying,” said Cornis-Pop, national program manager of the Polytrauma System of Care at the Veterans Health Administration, Rehabilitation and Prosthetic Services, at the VA.

She also is responsible for providing education opportunities for VA health care providers who treat traumatic brain injuries. And the system works with another 39 VA locations that provide some, but not all elements of comprehensive polytrauma rehabilitation care, to define the care those facilities can provide and help make the decision when to refer patients to another level of care.

In addition, Cornis-Pop was the lead author and editor of a “massive project” to publish a 166-page book that came out in April 2010, which serves as an accredited independent study course on traumatic brain injury for members of VA health care teams around the country, said Joel Scholten, director of Special Projects at the Physical Medicine and Rehabilitation Program Office (PM&R), which manages the Polytrauma System of Care. Nearly 12,000 clinicians have completed the course between April 2010 and July 2012, using either the book or a Web version of it.

Cornis-Pop “has the innate ability to pull people together and get focused on a task and think creatively, and, most amazingly, develop an end product that is useful and veteran-centric,” Scholten said. “She develops programs and projects that have been sustained because they are clinically relevant. It’s not just policy that is developed and sits there.”

Dr. David Cifu, national director of the PM&R office, not only relies on Cornis-Pop to coordinate the care programs around the country but also to respond to outside requests for information, including from Congress. “She’s the person who makes it all happen,” he said. “She doesn’t care about getting credit. She just gets things done. That’s gold.”

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Tennis: Ferrer avoids falling into a hole

DOHA: Top-seeded David Ferrer started the new season with a dropped first set here Tuesday to Dustin Brown, a qualifier outside the world's top 150, and a damaged court which opened like a crater on the moon.

Repairs appeared to involve tape and glue on a tear about five feet behind the baseline where Ferrer's heel had ripped into the surface.

There was also an anxious-looking conference and a ball-boys' impromptu Gangnam-style dance session on the playing area during a delay which lasted more than an hour.

It was eventually two and a half hours before the world number five from Spain survived his first round in the Qatar Open by 5-7, 6-3, 6-2 against Brown who is a tall, Jamaica-based German nicknamed "Dreddy," with impressive locks flying down to the small of his back.

"None of it was easy," said Ferrer, which was an understatement. Brown was unusual for his aggressive serving, eager forward movement, and willingness to volley, and other circumstances must have seemed to Ferrer bizarrely familiar.

Two years ago, he and Andy Roddock were forced off their court at the US Open by a crack near the baseline which let the water through, and required them to change courts, and last year at New York, a tornado forced Ferrer and Novak Djokovic to interrupt their semi-final by an entire day.

Roddick tweeted a solution for Doha, suggesting they should "move Ferrer to court 13" - the court number where the American completed his 2011 US Open win over the Spaniard. Ferrer chortled his laughter when he heard.

Later Ferrer commented on the oddities which had afflicted him in the last two years by saying: "Yeah - so many things, yeah. Too many things."

Asked if something were following him around, he said: "Something, yes - it's bad luck. I don't even know why."

This time Ferrer had a more fortunate resumption. Though a set down he broke Brown's serve at once, and consolidated that advantage right through the second set.

He then making another crucial break at the start of the third set, by which time the favourite was accelerating towards safety.

The seedings say that Ferrer should play a final on Saturday with Richard Gasquet, the world number ten from France, whose fluency appeared only intermittently during a 6-3, 6-4 over Jan Hernych, a 33-year-old Czech qualifier.

Hernych struck his ground strokes more often inside the baseline than Gasquet - often a sign of potential dominance - but missed with three of his four break point chances.

Gasquet's confidence improved markedly after breaking serve at the start of the second set and never looked like being pegged back, dropping only five points in his next five service games.

He could have a semi-final with his compatriot Gael Monfils, last year's runner-up, whose first match in two and a half months was a comfortable re-introduction, a 6-0, 6-3 win over the local wild card player, Mousa Shanan Zayed.

However, Monfils' next encounter is a potentially tough one, against Philipp Kohlschreiber, the third-seeded German.

He may also be mindful of the fate of another Frenchman, Jeremy Chardy, the fifth seed but a 6-4, 6-4 loser to a German qualifier, Daniel Brands.

-AFP/ac

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