Wealth Matters: Dealing With Doctors Who Accept Only Cash





A FEW weeks ago, my wife and I were at our wits’ end: our 4-month-old daughter wouldn’t sleep for more than an hour at a time at night. We had consulted books and seen our pediatrician, but nothing was working. So my wife called a pediatrician who specializes in babies who struggle with sleep problems.




The next day, he drove an hour from Brooklyn to our house. He then spent an hour and a half talking to us and examining our daughter in her nursery. He prescribed some medicine for her and suggested some changes to my wife’s diet. Within two days, our baby was sleeping through the night and we were all feeling better.


The only catch was this pediatrician did not accept insurance. He had taken our credit card information before his visit and given us a form to submit to our insurance company as he left, saying insurance usually paid a portion of his fee, which was $650.


A couple of weeks later, our insurance company said it wouldn’t pay anything. Here’s how the company figured it: First, it said a fair price for our doctor’s fee was $285, about 60 percent less, because that was the going rate for our town. Then, it said the lower fee was not enough to meet our out-of-network deductible.


While we were none too happy with the insurance company, we remained impressed by the doctor: he had made our baby better and was compensated for it, all the while avoiding the hassle of dealing with insurance.


Last year, I wrote about doctors who catered only to the richest of the rich and charged accordingly. But after my experience, I became interested in doctors for the average person who take only cash. What pushes a doctor to go this route, often called concierge medicine? And how hard is it to make a living?


As to why doctors decide to switch to a concierge practice, the answer is almost always frustration.


“About four years ago, one insurance company was driving me crazy saying I had to fax documents to show I had done a visit,” said Stanford Owen, an internal medical doctor in Gulfport, Miss. “At 2 a.m., I woke up and said, ‘This is it.’ ”


Dr. Owen stopped accepting all insurance and now charges his 1,000 patients $38 a month.


“When I decided to abandon insurance, I didn’t want to lose my patient base and make it unaffordable,” he said. “I have everything from waitresses and shrimpers to international businessmen. It’s a concierge model, but it’s also the personal doctor model.”


Dr. Owen, who once had three nurses and 10 examining rooms, said it was now just him and a receptionist. He has become obsessed with keeping overhead low, but he said that, for the first time since the 1990s, his income was going up.


At the other end of the spectrum is David Edelson, who runs a practice called HealthBridge in Great Neck, N.Y. In addition to five doctors, the practice has a full fitness center and provides the services of a personal trainer, nutritionist, acupuncturist, sleep expert and stress-management consultant.


“The current model for primary care is broken,” Dr. Edelson told me. “Either I can go down with the ship, sell my practice to a hospital or take my practice in the wrong direction. Or I can develop a better mousetrap, which is more time dealing with patients and their care.”


Dr. Edelson has reduced his own practice to 300 patients, from more than 3,000. Of those, 250 pay $1,800 a year for concierge services and 50 others receive scholarships. He estimated that from the combination of the membership fee for the extra services and what gets billed to insurance for typical care, he will make $600,000, and more of that will end up in his pocket.


“We’re bringing in the same fees but we’re reducing our overhead,” he said. Fewer patients means fewer medical assistants, receptionists and staff members to deal with insurance.


But of the five doctors in the practice, he is the only one to go fully concierge. Another, William Klein, is testing the model, with 15 percent of his patients in the concierge program. Dr. Klein said he was hedging his bets because he was not sure what the new federal health care law would mean for primary care physicians.


Weren’t some patients getting shortchanged by this hybrid model? He said he saw no difference in care.


“It’s like paying for first class and not coach,” Dr. Klein said. “Everyone is getting to the same destination, but some people have a better seat.”


This approach to medicine is not without risks for the doctors and downsides for patients.


This article has been revised to reflect the following correction:

Correction: November 23, 2012

An earlier version of this column gave an incorrect middle initial for Mr. Harris. It is M., not V.



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Lining up even earlier for Black Friday becomes a shop priority









In a tradition that seems to take a bigger slice of Thanksgiving every year, hordes of deal-sniffing shoppers descended on Southland stores Thursday, elbowing their way in search of toys, video games and that time-honored Black Friday symbol: cut-rate television sets. As nightfall came, they huddled in long lines, clutching coupons and hatching shopping strategies.


Rebecca Abbott, 42, of Torrance had it down to a science Thursday night. The accountant said she was out the door of the local Toys R Us store in 20 minutes with a shopping cart full of Christmas gifts for her two daughters. 


Her fourth time shopping on Black Friday, Abbott had spent a few hours in Toys R Us the day before scoping out her plan of attack. The first item on her list: a Rockstar Mickey Mouse doll, normally priced at $59.99 but selling for just $19.99.





"You have to have a strategy for this Black Friday madness," she said as she headed for the door. "First-timers will walk around all day looking at deals," Abbott said. "I got in, grabbed my stuff and got out." Her cart was overflowing with large toys — primarily Barbie and Mickey Mouse items. 


PHOTOS: Black Friday shoppers hunt for deals


At a Wal-Mart in Panorama City, just after 8 p.m., "it was really crazy, but you could still walk," said Marya Huaman, 23, as she left the store with her dad, her two infant sons and three bags full of Fisher-Price toys.


"No, you couldn't," scoffed her father, Edward Huaman. "I didn't see anyone fighting, but they will be soon. This is madness."


Last year, Thanksgiving night was marred by a pepper spray "shopping rage" incident at a Wal-Mart in Porter Ranch that injured at least seven people and forced employees to evacuate part of the store. One person was hospitalized.


Los Angeles Police Cmdr. Andy Smith said Thursday that the night appeared to be running smoothly across Los Angeles. "In general, I think things have gone really well," he said. "It sounds like the stores have taken proper precautions and everyone is aware of the hazards of Black Friday."


After retailers last year moved the opening bell for Black Friday sales to midnight, this year there were even more customers eager to get a jump on the traditional kickoff to the holiday shopping season. Wal-Mart, Sears and Toys R Us began rolling out their door busters at 8 p.m. on Turkey Day, followed by Target at 9 p.m. Macy's, Kohl's and Best Buy were set to open at midnight.


A handful of chains such as Kmart and Old Navy also had daytime hours on Thursday. And online merchants were touting bargains all day and night.


About 147 million shoppers are expected this all-important holiday weekend, with more logging in for online specials by Cyber Monday, according to the National Retail Federation. In all, the trade group estimated that holidays sales will rise 4.1% this year, to $586 billion.


"Though the Black Friday tradition is here to stay, there's no question that it has changed in recent years," NRF Chief Executive Matthew Shay said in a statement.


Many shoppers were perfectly content to queue up. At Best Buy electronic stores across the Southland, people waited for hours — and sometimes days — in tents before the midnight opening.


But many workers were angry about spending Turkey Day away from loved ones.


Frustrated retail employees and families have taken to creating online petitions at Change.org to beg companies not to cut into Thanksgiving dinners. More than 20 online petitions have popped up in recent weeks. Lines grew throughout the afternoon and into the evening as anxious shoppers surveyed the competition in line.


Throughout Southern California there were reports of lines wrapped around stores. In Glendale, more than 750 shoppers were lined up outside the Target at the Galleria.


For shoppers who just couldn't wait until Thursday night — much less Black Friday — some retailers opened their doors all day on Thanksgiving.


The sales weren't quite as glorious as the Black Friday specials that stores promise to roll out later. But they were pretty good nonetheless, shoppers said.


JoAnne Garcia walked into Kmart in Burbank in search of a roasting pan in which to cook her turkey. She walked out 90 minutes later, having shelled out $491, including $329 for an RCA 39-inch LCD flat-panel TV.


"The roasting pan was $14.99," Garcia said, laughing at how much she spent as she rolled her cart to the parking lot.


To the 53-year-old aerospace machinist, shopping on Thanksgiving made perfect sense.


Standing near a store display touting "Freak Out Pricing," Garcia explained her theory about shopping while cooking. "You get up, throw your turkey in the oven, and you come back and it's all done."


walter.hamilton@latimes.com


joseph.serna@latimes.com


Contributing to this report were staff writers Wesley Lowery, Marisa Gerber, Nicole Santa Cruz and Andrew Khouri.





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A Google-a-Day Puzzle for Nov. 23











Our good friends at Google run a daily puzzle challenge and asked us to help get them out to the geeky masses. Each day’s puzzle will task your googling skills a little more, leading you to Google mastery. Each morning at 12:01 a.m. Eastern time you’ll see a new puzzle posted here.


SPOILER WARNING:
We leave the comments on so people can work together to find the answer. As such, if you want to figure it out all by yourself, DON’T READ THE COMMENTS!


Also, with the knowledge that because others may publish their answers before you do, if you want to be able to search for information without accidentally seeing the answer somewhere, you can use the Google-a-Day site’s search tool, which will automatically filter out published answers, to give you a spoiler-free experience.


And now, without further ado, we give you…


TODAY’S PUZZLE:



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Ken is a husband and father from the San Francisco Bay Area, where he works as a civil engineer. He also wrote the NYT bestselling book "Geek Dad: Awesomely Geeky Projects for Dads and Kids to Share."

Read more by Ken Denmead

Follow @fitzwillie and @wiredgeekdad on Twitter.



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Ex-’Price is Right’ model gets $8.5M in damages
















LOS ANGELES (AP) — The producers of “The Price is Right” owe a former model on the show more than $ 7.7 million in punitive damages for discriminating against her after a pregnancy, a jury determined Wednesday.


The judgment came one day after the panel determined the game show’s producers discriminated against Brandi Cochran. They awarded her nearly $ 777,000 in actual damages.













Cochran, 41, said she was rejected when she tried to return to work in early 2010 after taking maternity leave. The jury agreed and determined that FremantleMedia North America and The Price is Right Productions owed her more than $ 8.5 million in all.


“I’m humbled. I’m shocked,” Cochran said after the jury announced its verdict. “I’m happy that justice was served today not only for women in the entertainment industry, but women in the workplace.”


FremantleMedia said it was standing by its previous statement, which said it expected to be “fully vindicated” after an appeal.


“We believe the verdict in this case was the result of a flawed process in which the court, among other things, refused to allow the jury to hear and consider that 40 percent of our models have been pregnant,” and further “important” evidence, FremantleMedia said.


In their defense, producers said they were satisfied with the five models working on the show at the time Cochran sought to return.


Several other former models have sued the series and its longtime host, Bob Barker, who retired in 2007.


Most of the cases involving “Barker’s Beauties” — the nickname given the gown-wearing women who presented prizes to contestants — ended with out-of-court settlements.


Comedian-actor Drew Carey followed Barker as the show’s host.


___


Anthony McCartney can be reached at http://twitter.com/mccartneyAP .


Entertainment News Headlines – Yahoo! News



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Recipes for Health: Pear Clafoutis — Recipes for Health


Andrew Scrivani for The New York Times NYTCREDIT:







If you don’t want to make a crust but want something tartlike for your Thanksgiving dessert, a clafoutis, which is something like a cross between a flan and a pancake, is a great choice. It’s a very easy dessert, yet it’s always impressive.




2 tablespoons pear eau-de-vie or liqueur (optional)


2 tablespoons mild-flavored honey, like clover


2 pounds ripe but firm pears, like Bartlett or Comice


3 large eggs


1 vanilla bean, scraped


1/3 cup sugar


2/3 cup sifted unbleached white flour


1/2 cup plain yogurt


1/2 cup milk


pinch of salt


1. Combine the pear eau-de-vie and the honey in a bowl. Peel, core and slice the pears and toss with the mixture. Let sit for 30 minutes.


2. Preheat the oven to 375 degrees. Butter a 10-inch ceramic tart pan or baking dish.


3. In the bowl of an electric mixer or with a whisk, beat together the eggs, the seeds from the vanilla bean and the sugar. Pour off the marinade from the pears and add to the egg mixture. Gradually beat in the flour, then beat in the yogurt, milk and salt.


4. Arrange the pears in the baking dish. Pour on the batter. Place in the oven and bake 40 to 50 minutes, until the top is beginning to brown. Serve hot or warm.


Yield: 8 servings.


Advance preparation: Although this is best served warm, you can allow it to cool completely and serve it at room temperature. It will hold for several hours out of the refrigerator. Leftovers make a nice breakfast treat.


Nutritional information per serving: 195 calories; 2 grams fat; 1 gram saturated fat; 0 grams polyunsaturated fat; 1 gram monounsaturated fat; 71 milligrams cholesterol; 40 grams carbohydrates; 4 grams dietary fiber; 47 milligrams sodium; 5 grams protein


Martha Rose Shulman is the author of “The Very Best of Recipes for Health.”


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David Taub, Introducer of Pinot Grigio Wine, Dies at 72





When David Taub co-founded his wine importing company in 1977, most Americans knew about two kinds of Italian wine, and those mainly by their packaging: Chianti, for its straw-covered flask, and Soave Bolla, which came in a tall, elegant, rocket-shaped bottle.







Palm Bay International.¤

David S. Taub, a wine importer who helped introduce Pinot Grigio to the United States.







Mr. Taub expanded Americans’ palate for Italian wine (if not their choice in bottles) by introducing a simple white wine called Pinot Grigio. It became the top-selling Italian wine in the United States, part of an international surge in popularity that helped Italy surpass France in the 1980s as Europe’s largest wine exporter.


Mr. Taub, whose firm, Palm Bay International, is among the largest wine importers in the United States, died on Nov. 8 at 72. His son Marc said the cause was complications of kidney disease.


Soave Bolla was the most popular Italian white wine in America when Mr. Taub and his father, Martin, who were wine and liquor distributors, began to import a selection of varietals from the Trentino province of Italy, near the Italian Alps. The Taubs believed that one of those wines, Pinot Grigio, was the most likely to compete successfully with Soave.


It was crisper and more fruity than Soave, Mr. Taub said in a 2010 interview with Wine Spectator magazine: “more in the American style — easy to drink, customer-friendly.”


“The problem,” he added, “was, how do you take a wine that no one has heard of and introduce it into the marketplace?”


The Taubs first persuaded the vineyard that produced the wine to Anglicize its name. Cantina Viticoltori del Trentino, known as Ca’Vit (pronounced ca-VEET), became Cavit. The importers told their American distributors to pronounce it “like the talk-show host.”


Then, through someone who knew someone, the younger Taub contacted Dick Cavett himself, who agreed to lend his cosmopolitan aura to an ad campaign. “I’m the Cavett from Nebraska,” Mr. Cavett was quoted as saying, dressed in crisp talk-show attire and hoisting a glass in full-page ads that appeared in magazines and newspapers nationally. “But you should get to know the Cavit from the Italian Alps. The classic Cavit Pinot Grigio is assertively dry...” The tag line was “Ask for Cavit, as in Cavett.” Starting virtually from zero, within two years the Taubs were importing 500,000 cases of Cavit wines, most of it Pinot Grigio. By 2010, Mr. Taub told Wine Spectator, the number was three million. In an interview on Wednesday, Lucio Caputo, president of the Italian Wine and Food Institute, a New York-based trade association that works closely with the Italian government, called Mr. Taub “a pioneer in the expansion of the world” of Italian wine.


The portfolio of Palm Bay International, which is now led by Marc Taub, includes a vast variety of wines, in a wide price range, from Cavit as well as from other wineries in Italy, Spain, France, Chile, Argentina and Peru.


David Taub was born in Great Neck, N.Y., on Dec. 30, 1939, one of two children of Martin and Frances Taub. After graduating from Boston University in 1961 and serving in the military, he joined the family business, Gallo Wines Distributors of New York, where he worked until branching off to establish Palm Bay.


In addition to his son Marc, Mr. Taub, who still lived on Long Island, in Glen Head, is survived by his wife, Linda; two other sons, Andrew and Joshua; six grandchildren; and his brother, Richard, a professor of social science at the University of Chicago.


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Growing up with grandma









NEW YORK — Each day at 5 a.m., Denise Peace rises and begins the task of waking and feeding five grandchildren, ages 2 to 17, and shepherding them out the door of her cramped but miraculously neat apartment in Brooklyn.

The 5-year-old needs to be on his school bus by 6:26. The eldest has to catch a 7 a.m. train. The 4-year-old must be walked to school in time for the 8:10 bell. The 2-year-old plays while Peace prepares the 3-year-old for day care. In the early afternoon, she reverses the drill, fetching children from bus stops and schools and getting them home for dinner, baths and bed. Peace collapses about 9 p.m.

"Then I just start all over again," the 56-year-old said of the moment when her alarm sounds the next morning.

It's a routine that changes once a month, when Peace travels to a Brooklyn church and meets with dozens of other grandmothers — and some great-grandmothers — in similar situations. All have been catapulted back into full-time parenting by the sudden losses of their own children. All have been brought together by the New York Police Department and local clergy for a chance to swap stories, compare legal and parenting advice, cry on a friendly shoulder, pray and simply let off steam.

"It comforts you. It lets you know you're not alone in this," said Peace, who learned of the close-knit group called Grandmothers LOV — for Love Over Violence — as she searched for programs last year to help women like herself. "They have your back. It's like another family."

It's a family that is growing. According to the 2010 census, the number of grandparents who are primary caregivers to grandchildren has risen 12.8% since 2000, from about 2.4 million to more than 2.7 million. Between 1990 and 2000, census figures indicate that the number of U.S. children being raised by grandparents rose 30%. And the Annie E. Casey Foundation, which studies children's issues, says that in 1970, 3.2% of U.S. children lived in grandparent-run households; by 1997, it was 5.5%.

With today's grandparents — particularly grandmothers — living longer and often staying healthier, they are more likely to be able to step in if parents die or are unable to raise their children because of illness, incarceration, drug abuse or other problems. The recession is believed to have played a role in the increase, with grandparents more apt than many parents to have the financial stability needed to raise children, said Robert Geen, the Annie E. Casey Foundation's family services policy director.

"I think there is a concern that the tough economic environment is putting pressure on parents — that it is simply overwhelming them," Geen said. "The big concern is that our social services system is completely oriented toward a nuclear family, so support available to grandparents is fairly lacking."

Joanne Jaffe, the housing chief for the New York Police Department, had noticed how many grandmothers were becoming the anchor for disjointed families. LOV, which first met in September 2010, evolved from her observations, and from Police Commissioner Raymond Kelly's work with Brooklyn clergy to combat youth violence.

Jaffe focused on grandmothers — not grandfathers — for several reasons. Among them: far more grandmothers than grandfathers are thrust into parenting roles because they often have more time, experience and willingness than men of their generation to rear their children's children. Jaffe wanted to empower those women to become leaders in combating violence and other problems in their communities.

"It's a giant family therapy group," Jaffe said recently as LOV members trickled into the Mt. Sion Baptist Church, on a busy corner near a loud highway overpass. There were women leaning on walkers and on canes, and at least one in a wheelchair. Another came with a squirming toddler in her arms.

There were squeals of joy and cries of "Welcome back!" as the women who had not seen each other in eight weeks — the group had taken a summer hiatus — huddled like giddy teenagers. For the next 21/2 hours, with their grandchildren and great-grandchildren in day care, at school, or being cared for by baby-sitters or other family members, they could focus on themselves and one another.

Inez Rodriguez said she had canceled hip and knee replacement surgery to come to the gathering. Daphne Georgalas lamented the challenge of resting babies on her tired shoulders. "I thought I was done — and lo and behold I have little Princess Emily now," she said of her infant granddaughter.

Jaffe, whose NYPD uniform was in sharp contrast to the colorful dresses and hats worn by many of the grandmothers, made a point not to sound too cheery as she greeted the crowd. Instead, she alluded to the city's bloody summer, when shootings left several children and teenagers dead and wounded in the very neighborhoods that many of the grandmothers call home, and hope to change by keeping their own grandkids out of trouble.

"I'm not going to say it was a wonderful summer. I'm not coming here saying it's been a wonderful year," Jaffe said as cries of "Amen" and knowing "Uh-huhs" filled the room.

As police officers in uniform dished out a hot buffet breakfast, the women began catching up with one another. One of them was Carolyn Faulkner, a slender 74-year-old, who raised two grandchildren, now 21 and 19, and is now raising a third — a 10-year-old girl.

"Between running to school and going to PTA meetings, it's a lot of work, but you know what they say to me?" she said of her grandchildren. "'Thanks, Grandma.' That's more than money can buy."

Faulkner says she stepped in to care for her eldest daughter's three children when it became clear their mother was not up to the task.

"She didn't do drugs or anything. She just didn't grow up," said Faulkner, who with her husband of 50 years has run a wedding planning business among other enterprises, and who sits on her neighborhood's community board.

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A Google-a-Day Puzzle for Nov. 22











Our good friends at Google run a daily puzzle challenge and asked us to help get them out to the geeky masses. Each day’s puzzle will task your googling skills a little more, leading you to Google mastery. Each morning at 12:01 a.m. Eastern time you’ll see a new puzzle posted here.


SPOILER WARNING:
We leave the comments on so people can work together to find the answer. As such, if you want to figure it out all by yourself, DON’T READ THE COMMENTS!


Also, with the knowledge that because others may publish their answers before you do, if you want to be able to search for information without accidentally seeing the answer somewhere, you can use the Google-a-Day site’s search tool, which will automatically filter out published answers, to give you a spoiler-free experience.


And now, without further ado, we give you…


TODAY’S PUZZLE:



Note: Ad-blocking software may prevent display of the puzzle widget.




Ken is a husband and father from the San Francisco Bay Area, where he works as a civil engineer. He also wrote the NYT bestselling book "Geek Dad: Awesomely Geeky Projects for Dads and Kids to Share."

Read more by Ken Denmead

Follow @fitzwillie and @wiredgeekdad on Twitter.



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In “Middle of Nowhere,” Cast Found Black Characters Beyond the Stereotypes
















LOS ANGELES (TheWrap.com) – When the black actors in “Middle of Nowhere” read the film’s script, they were shocked to find they could actually relate to the characters.


Director Ava DuVernay‘s depiction of a Compton woman struggling while her husband is incarcerated resonated with her cast of actors.













Before joining the cast, actor David Oyelowo had been shooting “Lincoln,” in which he plays Union Army soldier Ira Clark. He said “Middle of Nowhere” delves deeper into black people’s lives in a way that emphasizes normality.


He hinted that, while he was grateful to see black characters depicted in the Civil War-set Steven Spielberg film, the characters seemed to be an afterthought compared to the movie’s light-skinned titans, particularly when compared to “Middle of Nowhere.”


“You don’t see the people suffering under the weight of not having the 13th Amendment – there’s only so much you can do in two hours – and that’s the movie,” he said. “In ‘Lincoln,’ the roles you see: A butler, you see Sally Field’s handmaiden, so to speak, and you see me, myself, a soldier fighting for his country.”


“Middle of Nowhere” stars Emayatzy Corinealdi, a relative unknown in Hollywood, as Ruby. When her husband is jailed for gun smuggling, Ruby is forced to drop out of medical school to pay his legal fees. After he is denied parole, she finds herself on an existential journey trying to piece together a life for herself while maintaining her relationship with her incarcerated husband.


“We’re still a bit trapped in what the industry considers to be who we are and what our lives look like,” actress Lorraine Toussaint, who plays Ruby’s mother, told the audience at the Landmark Theatre Tuesday night at TheWrap’s Annual Screening Series. “Most stereotypical characters that I’ve played or see in film, I don’t know anyone in my life like those people.


“I don’t know gang-bangers, I don’t know people that run from the police,” she added. “I don’t know people that are in trouble all the time.”


DuVernay said she boiled months of research – interviewing the wives of felons, often at support groups or during visits to a penitentiary – into a screenplay and that she then raised $ 200,000 to turn it into a film.


“As I started to really examine what life is like in Compton where I grew up and really think about the texture of the lives of women who live there, incarceration kept coming up,” DuVernay told TheWrap’s editor-in-chief Sharon Waxman, who moderated a Q&A after the film’s screening.


“It’s radical to see black people being normal,” DuVernay said as she discussed what she sees as Hollywood‘s penchant for exaggerated black stereotypes.


Knowing that studio executives would likely challenge her choice of actors or try to market the movie as a “black” film, as opposed to just a film about black people, DuVernay fell back on more than a decade of experience in publicity and set up her own distribution company.


After snubbing Universal Pictures – Oyelowo accidentally let the studio’s name slip, for which DuVernay quickly apologized: “Sorry Universal! Does anyone have a camera on? Don’t tweet that” – she founded African-American Film Festival Releasing Movement.


“I started a distribution company because there wasn’t a distribution company interested in films about the interior lives of black women,” she said, drawing applause.


“Middle of Nowhere,” the winner of the Sundance Director’s Prize, opened on October 12. It has so far shown on 60 screens.


When, during the Q&A, one audience member asked whether DuVernay considered a more multi-ethnic cast – it’s largely black, save for what the director called the “token” Sharon Lawrence, the actress best known for “NYPD Blue,” who plays an attorney – or chose a black cast for marketing purposes, Oyelowo quickly jumped in.


“Can you imagine a studio saying, ‘hey, we should put a bunch of black people in it as a marketing tool?’” he said, laughing. “That’ll be the day. You should run a studio, my friend.”


Oyelowo exuded a particular excitement about the film. He was introduced to the script on a flight to Vancouver. The passenger seated beside him asked him for advice on investing in a movie. In the course of their conversation, Oyelowo invited the man, who ultimately helped finance “Middle of Nowhere,” to send him a copy of DuVernay‘s screenplay.


Reading the script on the way back to Los Angeles, he said he couldn’t resist visibly gesticulating with joy at how good, how real, the characters were. “Most black characters I read felt cartoonish to me,” he said. But this was something different.”


He phoned DuVernay, who said he had already been on her shortlist, and got the job.


And in a year when films like “Middle of Nowhere,” “Lincoln” and Quentin Tarantino’s “Django Unchained” – about a freed slave exacting revenge on the slavers that captured his wife – he’s proud of the direction Hollywood is going.


“I’m happy to see you all here,” Oyelowo said, surveying an audience dotted with people of many ethnicities. “It wasn’t always this way.”


Movies News Headlines – Yahoo! News



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Documents Show F.D.A.’s Failures in Meningitis Outbreak





Newly released documents add vivid detail to the emerging portrait of the Food and Drug Administration’s ineffective and halting efforts to regulate a Massachusetts company implicated in a national meningitis outbreak that has sickened nearly 500 people and killed 34.




In the documents, released on Tuesday in response to a Freedom of Information Act request, the agency would threaten to bring the full force of its authority down on the company, only to back away, citing lack of jurisdiction.


The company, the New England Compounding Center, at times cooperated with F.D.A. inspectors and promised to improve its procedures, and at other times challenged the agency’s legal authority to regulate it, refused to provide records and continued to ship a drug in defiance of the agency’s concerns.


Some of the documents were summarized last week by Congressional committees that held hearings on the meningitis outbreak. Republicans and Democrats criticized the F.D.A. for failing to act on information about unsafe practices at the company as far back as March 2002.


By law, compounding pharmacies are regulated primarily by the states, but the pharmacies have grown over the years into major suppliers of some of the country’s biggest hospitals. The F.D.A. is asking Congress for stronger, clearer authority to police them, but Republicans have said the agency already has enough power.


Records show that the agency was sometimes slow in pursuing its own inspection findings. In one case involving the labeling and marketing of drugs, the agency issued a warning letter to New England Compounding 684 days after an inspection, a delay that the company’s chief pharmacist complained was so long that some of the letter’s assertions no longer applied to its operations.


The agency said in a statement Wednesday that it “was not the timeline we strive for,” but that much of the delay was because of “our limited, unclear and contested authority in this area.” Because of litigation, it said, there was “significant internal discussion about how to regulate compounders.”


The agency first inspected the company in April 2002 after reports that two patients had become dizzy and short of breath after being injected with a steroid made by the company.


 On the first day of the inspection, Barry Cadden, the chief pharmacist, was cooperative, but the next day, the agency inspectors wrote, Mr. Cadden “had a complete change in attitude & basically would not provide any additional information either by responding to questions or providing records,” adding that he challenged their legal authority to be at his pharmacy at all.


The F.D.A. was back at New England Compounding in October 2002 because of possible contamination of another of its products, methylprednisolone acetate, the same drug involved in the current meningitis outbreak.


 While the F.D.A. had the right to seize an adulterated steroid, officials at the time said that action alone would not resolve the company’s poor compounding practices. In a meeting with Massachusetts regulators, F.D.A. officials left authority in the hands of the state, which “would be in a better position to gain compliance or take regulatory action,” according to a memo by an F.D.A. official summarizing the meeting.


 David Elder, compliance branch director for the F.D.A.’s New England District, warned at the meeting that there was the “potential for serious public health consequences if N.E.C.C.’s compounding practices, in particular those relating to sterile products, are not improved.”


 The company fought back hard, repeatedly questioning the F.D.A.’s jurisdiction. In a September 2004 inspection over concerns that the company was dispensing trypan blue, a dye used for some eye surgeries that had not been approved by the F.D.A., Mr. Cadden told the agency inspector that he had none in stock.


But in the clean room, the inspector noticed a drawer labeled “Trypan Blue,” which contained 189 vials of the medicine.


A few days later, Mr. Cadden was defiant. He told the agency that he was continuing to dispense trypan blue and that there was nothing in the law saying a compounder could not dispense unapproved products.


 The conversation turned testy. “Don’t answer any more questions!” Mr. Cadden told another pharmacy executive, according to the F.D.A.’s report.


Mr. Cadden rejected many of the assertions in the warning letter that finally came in December 2006. The next correspondence from the agency did not come until almost two years later, in October 2008, saying that the agency still had “serious concerns” about the company’s practices, and that failing to correct them could result in seizure of products and an injunction against the company and its principals.


It is not known whether any corrective actions were taken. The agency did not conduct another inspection until the recent meningitis outbreak.


Denise Grady contributed reporting.



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