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Appeals Court Blocks Fines For Reporter

WASHINGTON — A federal appeals court Tuesday temporarily blocked a lower court's order requiring a former USA TODAY reporter to pay thousands of dollars in fines.

Toni Locy would not identify sources who named former Army scientist Steven Hatfill as a possible suspect in the 2001 anthrax attacks. Lawyers for Locy, now a West Virginia University journalism professor, had requested that the U.S. Court of Appeals for the District of Columbia Circuit block the fines while they appealed a contempt order by U.S. District Judge Reggie Walton.

The fines of up to $5,000 a day were set to begin at midnight Tuesday. Walton had ordered that Locy — not her former employer or others — pay the fines as long as she refused to identify her sources who linked Hatfill to the attacks that killed five people.

In the brief court ruling Tuesday afternoon, a three-judge panel said Locy had "satisfied the stringent standards required" for the stay. No date was set for a hearing by the court on the contempt appeal.

"I'm relieved and thankful that the Court of Appeals has found that my legal arguments are worthy of its consideration," Locy said Tuesday.

 Her attorneys argued the sanctions amounted to "destructive financial penalties" for a reporter who acted in "good faith."

Twenty-nine other media organizations, including the Reporters Committee for Freedom of the Press, had joined in the appeal and described the fines as potentially "ruinous."

Hatfill, who was publicly identified in 2002 by John Ashcroft, then attorney general, as a "person of interest" in the attacks, has never been charged.

Hatfill's lawyers say the source information is needed to pursue a civil lawsuit in which they contend the Justice Department violated his privacy.

Hatfill attorney Patrick O'Donnell could not be reached for comment late Tuesday.

Locy was one of six reporters Hatfill subpoenaed to disclose government sources who named him as a possible suspect in the anthrax attacks. Four of the reporters obtained waivers from their sources, allowing them to identify the officials.

Walton is considering a contempt order against a fifth reporter.

Locy has obtained waivers from three of about a dozen sources. But she says she does not remember which sources linked Hatfill to the government's inquiry.

 

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Debate Rages Anew on Vaccine-Autism Link

Top federal health authorities Thursday reiterated that vaccines do not cause autism after government health officials acknowledged that a vaccine, by worsening an underlying genetic condition, may have triggered autismlike symptoms in one girl.
The case is viewed as an important milestone by autism groups that maintain that vaccinations are connected to autism.

But Dr. Julie Gerberding, director of the U.S. Centers for Disease Control and Prevention, emphasized that the concession should not be interpreted to mean that vaccines cause autism.

"The government has made absolutely no statement about indicating that vaccines are the cause of autism, as this would be a complete mischaracterization of any of the science that we have at our disposal today," Gerberding said during a Thursday news conference. "I think we need to set the record straight on that."

And some vaccination experts said the legal rulings were an example of the courts taking action ahead of the evidence needed to justify such a move.

Still, on the steps of a U.S Federal Court in Atlanta Thursday morning, Athens, Ga., neurologist Dr. Jon Poling and his wife, Terry Poling, made it clear that they believed vaccines triggered the encephalitis that led to their 9-year-old daughter Hannah's autismlike symptoms.

"I wanted to know why my daughter, who had been completely normal until she received [five vaccines for nine different diseases], in one day was no longer there … no longer responding," Terry Poling told the crowd of reporters present.

The Polings said Hannah received the battery of vaccines in 2000, when she was 19 months old. Shortly after these shots, they said she suffered from a fever that left her screaming and arching her back. Following this, they said, Hannah began showing classic signs of autism — staring at lights, running in circles and staring at fans.

"When my husband saw this, his heart just broke," Terry Poling said.

But doctors overwhelmingly maintained that the case will have no effect on guidelines that urge parents to have their children vaccinated against disease. And they said that the fears spurred by this case could end up doing more harm than good to the nation's children.

They added that there is as yet no evidence providing a reliable link between vaccination and the worsening of underlying mitochondrial diseases such as the one suffered by Hannah Poling.

Dr. Pauline Filipek, associate professor of clinical pediatrics and neurology at the University of California Irvine School of Medicine, and her colleagues conduct research into a possible connection.

"Mercury has long been known to be a mitochondrial toxin, and could potentially interact with underlying genetic vulnerability of deficient mitochondria," she said. "That said, there remains no epidemiological data that we are aware of that implicates vaccination in autism or in mitochondrial disorders."

And vaccine experts said the victory for the Polings may represent a defeat for an important public health measure. Dr. William Schaffner, professor and chairman of preventive medicine at Vanderbilt University, said he believes the concession should not have been made until more evidence suggesting exactly how the vaccines may have contributed to Hannah's condition come to light.

"It appears that the judges in this case have not only made a legal decision but also a medical and scientific decision," he said. "I don't believe the court's role is to make these decisions."

"Legal action does not equate with proof," agreed Dr. Ira Rubin of Naperville Pediatrics in Naperville, Ill. "How many times have defendants in cases been found guilty and later found innocent when DNA testing is done?"

Does Compensation Mean a Connection?

This case, as well as other cases involving possible injury brought about by a vaccine, are handled under the National Childhood Vaccine Injury Act of 1986. The act created a no-fault system in which people with grievances, such as the Polings, would file injury claims against the federal government rather than sue the companies that made the vaccine or the health care providers who administered it.

A "special master" appointed by the U.S. Court of Federal Claims reviews these cases to determine whether vaccines were more likely the cause of the injury at hand. If the government chooses not to rebut the claim by showing that the vaccine probably was not responsible for the injury, the claim is approved and an award is made.

"But any subset of this theory is a hypothesis, and you don't draw conclusions from a hypothesis."

Dr. Gary Mirkin, CEO of Allied Pediatrics of New York in Great Neck, agreed.

"This case … looks like a child who had a very rare pre-existing, underlying condition that may or may not have been aggravated by the administration of multiple vaccines to result in a regressive form of autism or something that appeared to be autism," Mirkin said. "If this child had never had a vaccine, it is not inconceivable that the same scenario may have developed if the child was confronted with a serious infection or even a series of multiple infections."

Medical Recommendations Remain Unchanged

Schaffner said holding back on kids' vaccinations could expose them to risk of sickness or death from other conditions, including measles and polio.

"These diseases that affected childhood are now not known by this generation of parents, so there's no balancing of concern," he said.

"Without vaccination, these disease will return, and they will spread."
The legal standard set by this system is therefore a much lower bar than the demands of medical validity, which would require a much greater magnitude of evidence to draw the conclusion that vaccines were in any way responsible for an injury.

Regardless, the case has brought attention to the nearly 5,000 other families that lawyers have chosen in an effort to seek this compensation from the government, claiming that a mercury-based preservative in vaccines known as thimerosal brought about autism and other developmental disorders in their children. Since 2001, the ingredient has been absent from most vaccines, save for certain influenza shots.

Past studies in Denmark, and more recently California, have suggested that thimerosal was not to blame, as reported cases of autism have continued to increase after the removal of thimerosal from most vaccines. Boyd Haley, a chemist at the University of Kentucky and vocal proponent of a vaccine-autism link, believes these studies are flawed. And he said that he believes this case, as well as most other cases of autism, are indeed the result of an underlying genetic vulnerability being triggered by the mercury that used to be present in vaccines.

"I am very pro-vaccine," Haley said. "I strongly believe in vaccination. I just believe that they ought to be safe and they ought to be tested."

Specifically, Haley said certain genetic conditions may make some children unable to effectively manufacture glutathione, a protein he says would allow them to clear substances such as mercury from their systems. Autism, he said, could be the result.

But Schaffner countered that this opinion demonstrates one of many hypotheses behind the development of autism in some children. Some of these hypotheses, he said, are being investigated. But none so far, he noted, have the weight of scientific proof.

"The theory, that there may be underlying genetic defect that results in or can be somehow activated by some environmental process or insult, and that this in turn leads by some biological mechanism to autism is a valid theory, and it is a theory being pursued by the autism research community," Schaffner said.

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Student Spends Off-days Exploring Wonder of Science

Science experiments are nothing new for Andy Ylitalo. The Oak-Land Junior High School seventh-grader does a science project each school year during winter break. It’s been a tradition in his family for years and he and his younger brother both are encouraged by their scientist parents to come up with project ideas on their own.
In years past, the projects may have been for presentation at a school science fair, but this year, Andy’s sights were set a little higher.

This was the first year that the Stillwater Area Schools district pushed back its science fairs so that winners could enter into the regional science fair, the winners of which may enter their projects in the state science fair.

In past years the school-based science fairs were too late in the school year to allow winners to continue competing at higher levels — ultimately culminating in a competition at the Minnesota Academy of Science state science fair.

The local science fair now is sponsored by the Partnership Plan in conjunction with the school district. It started in 2007 as a districtwide event and was called the Science Expo.

After the fair in 2007, there was some interest from students to be able to compete further in science fairs, up to the state level.

This year’s science fair was combined with the Partnership Plan’s Art to Heart event and renamed Da Vinci Fest.

The Twin Cities Regional Science Fair was in February and Andy qualified for entry in the state competition by earning a blue ribbon, an award designated for the top 5 percent of projects entered at the regional level.

His project, Disinfecting Drinking Water: What Works Best? was his own brainchild, he said. As he was brainstorming ideas for his winter break project, Andy said, he developed the idea to see what types of products that can be used to disinfect bacteria-laden drinking water were most effective.

Refining and planning how the project would run started around Thanksgiving and the experiments were underway by the school’s winter break.

“I put a lot of hours into it during the two weeks at Christmas break,” Andy said Tuesday from his West Lakeland home.

Andy contaminated well water from his home tap with small amount of saliva to create his stock of water for testing. After that was determined, he set out to test the effectiveness of chlorine bleach, iodine tablets and colloidal silver in reducing the bacteria load in the water.

Ultimately the experiment showed that colloidal silver was the most effective method to make water more bacteria free.

“Silver works really well and it’s actually very safe,” Andy said. “The problem with it is it’s pretty expensive.”

Andy’s love of science and math may come a lot from his parents’ influence. His mother Caroline Ylitalo holds a Ph.D. in science and is a researcher-inventor in labs at 3M while his father, also a Ph.D. in science, is a laboratory manager for 3M.

Caroline Ylitalo has worked for years with aspiring scientists to instill in them a love of science and affection for curiosity and problem solving.

“Science is fun. That’s what we’re focused on here,” said Caroline Ylitalo, who also is a visiting science “wizard” at Andersen Elementary School and a Destination Imagination coach.

“I think kids come up with the best ideas,” Caroline Ylitalo said. “They don’t look at it like adults who say what’s doable. They have a broader perspective.”

While Andy enjoys science, what he really loves is mathematics. He is enrolled in the five-year Talented Youth Math Program at the University of Minnesota this year.

He also plays soccer in the Valley Athletic Association and plays saxophone and piano.

He likes to get together with his friends every now and then and go to a movie, go bowling or take a skiing trip.

Andy said he hasn’t thought too much about what he will study in college or what kind of job he wants when he gets older — he is only 12 right now — but he was firm about one thing that’s sure to be in his future: “I don’t know what it will be,” Andy said of his future job, “but I know it will have math in it somewhere.”

Caroline Ylitalo said she hopes the immediate future will bring a change in the approaches to teaching science in Stillwater district schools.

“We’re hoping Andy’s success and interest in the science projects will motivate the schools to consider allowing kids in school to work on science projects as part of the curriculum,” she said.

Joining Andy at the state science fair at the Crown Plaza Hotel in St. Paul March 30 to April 1 is Stillwater Area High School senior Abigail Williams whose project about trout stream water quality also qualified for entry.

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Why Flu Strikes in Cold Weather

Scientists believe they have uncovered a key reason why flu viruses tend to strike in cold weather.
They found the viruses coat themselves in fatty material that hardens to a gel, protecting them in the cold.

This coating melts in the higher temperatures of the respiratory tract, allowing the virus to infect cells.

The US National Institutes of Health team hope their study, which features in the journal Nature Chemical Biology, could lead to new treatments.

    
"The study results open new avenues of research for thwarting winter flu outbreaks"
Dr Duane Alexander
National Institute of Child Health and Human Development

However, a UK expert said the discovery did not explain why some flu viruses also thrived in tropical climates.

The hard rubbery coating around the virus which forms in colder temperatures gives it the protection it needs to pass from person to person. The coating is so robust it can even resist to certain detergents.

However, once inside a host the virus can only infect a target cell once the coating has melted.

But this liquid phase is not tough enough to protect the virus against the elements, and so if the protective coating melts when the virus is outside the host, it dies.

Detailed fingerprint

Dr Duane Alexander, director of the National Institute of Child Health and Human Development, said: "The study results open new avenues of research for thwarting winter flu outbreaks.

"Now that we understand how the flu virus protects itself so that it can spread from person to person, we can work on ways to interfere with that protective mechanism."

The researchers used a sophisticated magnetic resonance technique to create a detailed fingerprint of how the flu virus's outer membranes responded to variations in temperature.

    
"I don't think this study provides anything like a definitive answer on the spread of the virus"
Professor John Oxford
Queen Mary College School of Medicine

The virus's outer membrane is composed chiefly of molecules known as lipids, such as oils, fats and cholesterol.

The researchers found that at temperatures slightly above freezing, this lipid covering solidified into a gel.

However, as temperatures approached 15.6C (60F) , the covering gradually thawed, eventually melting to a soupy mix.

The researchers concluded that temperatures in the spring and summer were too high to allow the viral membrane to enter its gel state.

As a result, at these temperatures the individual flu viruses would dry out and weaken – accounting for the end of the flu season.

Professor John Oxford, an expert in virology at Queen Mary College School of Medicine, London, said the paper was interesting, but it might be premature to draw firm conclusions.

He said: "If this is the case why do we get flu in tropical areas, where the temperature is 35C (95F) all the time?

"Places like Vietnam and Indonesia are predicted to the epicentre of a new outbreak of pandemic flu."

Professor Oxford said researchers had tried to link flu infection definitively to cold weather since the great Russian outbreak of 1890, but had failed to come up with conclusive proof of a link.

"I don't think this study provides anything like a definitive answer on the spread of the virus – there must be some other factors that come into play," he said.

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Colloidal Silver “Blue Man” Returns to Today Show

The so-called colloidal silver "blue man," Paul Karason, was back on the Today show this week. He had previously appeared on the show and had promised to allow blood tests to be administered to himself in order to ascertain if his excessive colloidal silver consumption had caused any health or medical problems other than the argyric skin staining.
While it is still available, you can view the video replay of the "blue man's" return to the Today show at http://video.msn.com/?mkt=en-us&vid=d6a1779b-2830-4b59-950f-dea99cb7ff44&playlist=videoByTag:mk:u

According to Today show host Matt Lauer, Mr. Karason's blood tests were all within normal limits, meaning so far no damage to his organs have been found. Blood cell counts were all normal, and heart, lung, kidney and liver function were all perfectly normal, to boot.

This turns out to be a far cry from the "silver toxicity" and "silver poisoning" some of the medical talking heads on various television shows have recently assured their viewers Mr. Karason would have. Based upon these blood tests, he actually seems to be as healthy as a horse.

It is also a testament to the general safety and lack of toxicity in silver-based products such as colloidal silver. Even when overdosing for years on end, as Mr. Karason obviously did, there has still been no apparent damage to his blood cells, and no disruption whatsoever of heart, liver or kidney function.

His blood tests were performed by Dr. Seth Uresky at St. Luke's Hospital in New York. According to the doctor, "Based upon these results, I would say that Mr. Karason is in good physical and medical condition. However, final judgement should be reserved until blood silver level results are available."

Host Matt Lauer stated that the Today show would have Mr. Karason back on when the results from his blood silver level tests were available. And he asked Mr. Karason whether or not he was worried about the remaining test results. The "blue man" replied that he was not in the least bit worried because all previous tests for silver levels in his blood have turned out to be normal as well.
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Avoiding & Beating the Flu

by Tony Isaacs author of Cancer's Natural Enemy

It appears that the flu season is upon is again – with reports of the flu coming in from virtually every part of the country.  The good news is that there are several steps you can take to beat and avoid the flu (and colds as well). Included in these steps would be the things that you should do to protect yourself from virtually all diseases and illnesses: get plenty of rest, exercise, quit smoking, eat a nutritious diet, avoid stress and, above all, to make your body's natural first line of defense, your immune system, strong and robust.

Some of the very best immune boosters are:

• Echinacea
• Pau d’arco
• Suma
• Astragalus
• Medicinal mushrooms
• Beta glucans
• Aloe vera
• Alkygycerol
• Lactoferrin
• Bovine colostrums
• Glutathione
• Mangosteen

The next thing you should do is to also take one or more good natural anti-viral agents, ESPECIALLY if the bird flu does mutate and begin to spread from human to human, because unlike other illnesses or flues, the bird flu will use your own immune system to attack you. This is because we have never been exposed to a strain of flu like the bird flu and it is likely that biochemical cascade of immune cells and immune system bio-chemicals such as interferon, interleukin, monokines and cytokines will literally pour into the lungs and eat your lungs up. With the Bird Flu, it is essential to also include good natural anti-viral supplements along with immune boosters – and it is a good idea to do that anyway.

The very best pathogen destroyer known to man is colloidal silver, especially high quality colloidal silver like that made by Utopia Silver.  Simply put, colloidal silver is deadly to just about every single-cell pathogen there is and has been proven in studies to kill over 650 different pathogens.  Note: when it comes to the flu, especially a bad one, you should take more than the normal dosage of a couple of tablespoons a day if you have actually come down with the flu – more like two to three ounces a day for three to five days or more until the flu is defeated.  And you can forget the scare stories about turning blue as long as you use a quality colloidal silver – that only happens when someone drinks very large amounts of improperly made silver for years.

Among the other very best natural pathogen destroyers are:

• Garlic
• Olive leaf extract
• Oil of wild mountain oregano
• Grapefruit seed extract

The next thing you should do is endeavor to stop the spread of airborne viruses during the flu season:

• Protect yourself from others by gargling daily with 1 drop each of the essential oils of tea tree (Melaleuca alternifolia) and lemon in a glass of warm water; stir well before each mouthful. Do not swallow.
• Mix a blend of essential oils to use in your diffuser or for use in steam inhalation.
Blend together:
   o ravensare – 3 parts
   o naiouli or eucalyptus – 1 part
   o lemon – 1 part
   o rosewood – 1 part
   o lavender – 1 part
Ravensare and naiouli have antiviral properties, while the other essential oils in the blend act as antiseptics while at the same time providing a wonderful aroma.
Diffuser Application – Add about 50 drops of the above blend to your diffuser at a time.
Fumigate the house with oils to help prevent the spread of flu. Put 2-3 drops on a radiator to evaporate or add 10 drops of essential oils to a small plant spray filled with water. Spray the room frequently.

A fourth thing to strongly consider, in my opinion, would be to take regular preventative doses of a natural remedy known as “Oleander Soup”, which can be made at home according to the instructions in the e-book “Cancer’s Natural Enemy” (written by the author of this article). Oleander extract was shown in European studies in 1986-87 to have fully six times the immune stimulating activity of the strongest patented immune stimulators known to man.

Natural Measures to Consider Should You Get the Flu:

Hydrotherapy for Flu:

• Promote sweating by taking hot baths, hot foot-baths and other heat therapies. Keep the feet warm at all times during sickness and as a preventive measure. Low body temperature decreases resistance to viruses and bacteria, while heat burns up and destroys the virus.
• To warm feet, soak them for five to ten minutes in a hot mustard bath. Dissolve I tbsp. mustard powder in 4 cups of hot water.
• A hot bath followed by a cold mitten friction rub, two to four times a day, loosens congestion, improves circulation and strengthens the immune system, speeding healing from the flu.
• To do a cold mitten friction rub, proceed as follows: Dip a small towel or washcloth into cold (50° to 60°F) water. Curl one hand into a fist and wrap the cloth around it. Use your fist to rub your other arm in a vigorous circular motion, beginning with the fingers and finishing at the shoulder. Dip the cloth in the cold water again and repeat. Your skin should be pink. Dry your arm with a towel using the same vigorous circular movement.  Repeat the process on your other arm and on your legs, feet, chest and abdomen.

Juice Therapy for Flu:

• Apple and dark grape juices are often recommended for those fighting the flu. They have properties that work against congestion and runny nose. Dark grape juice is rich in tannins, substances that have been shown to kill viruses under laboratory conditions.
• Dilute the juices if they are too sweet. Drink them at room temperature. Pear, cranberry and, especially, pomegranate juices are also helpful for combating flu.

Naturopathy for Flu:

• Hot Bath
• Add 30-60 ml (2-4 tbsp) of Epsom Salts to hot water and take a hot bath. After the bath go straight to bed.
• Vitamins – As soon as the symptoms of flu start, take high levels of Vitamin C to boost the immune system, around 3,000-4,000 mg to start with, reducing over 3 -4 days to 500 mg until you feel completely better.
• Diet – Drink fruit juices until the fever has passed.
• Now eat plenty of fruit, vegetables and whole grains.
• Cold Compress –
• If very hot and sweaty, try applying a cool compress to the chest and trunk.

Aromatherapy for Flu/Colds:

• Steam Inhalation – Mix a blend of essential oils to use in your diffuser or for use in steam inhalation.
Blend together:
   o ravensare – 3 parts
   o naiouli or eucalyptus – 1 part
   o lemon – 1 part
   o rosewood – 1 part
   o lavender – 1 part
Add six to eight drops of the above blend to a bowl of just-boiled water. Place a towel over your head and inhale. Repeat this treatment two or three times a day, if necessary.
• Several oils have considerable anti- viral activity, and help to boost the immune system. For maximum effectiveness, it is important that you use them at the earliest sign of influenza or in some cases before contracting cold/flu to boost your immune system as a preventative.
• Essential oils of basil, eucalyptus, peppermint, and pine help to ease nasal congestion. Choose one to three of these oils and use them as inhalants or in steam inhalation treatments.
• For chest congestion, a steam inhalation treatment made with basil, pine, and/ or tea tree oil can help to clear mucus and ease breathing. Rubbing a massage oil prepared with these oils over the chest may also be helpful.
• An aromatherapy bath prepared with elemi, myrrh, pine, and/ or tea tree oil can help to soothe achy feeling all over your body that accompanies flu. Use a lukewarm bath for fever, a hot bath for chills.
• For chills:
   o Add 3 drops of rosemary and 3 drops of ginger or black pepper essential oils to your bath.
   o Mix 5 drops of ravensare and 15 drops of rosewood in ½ ounce of carrier oil such as olive or almond. This makes an energizing massage oil blend.
• Other Essential Oils Useful for Flu:
   o Tea Tree oil
   o Eucalyptus oil
   o Lemon oil
   o Lavender oil
• If you come down with the flu, add 10 to 20 drops of tea tree to hot water and take a hot bath. This may help your immune system fight the viral infection and ease your symptoms. Use a pure, unadulterated form of tea tree oil; adulterated forms can be irritating to the skin.
• To help alleviate and disinfect dry air passages, add 10 drops of tea tree oil to a bowl of hot water or vaporizer and leave in bedroom overnight. A small handkerchief sprinkled with a few drops of the oil and left under the pillow may help as well.
Caution: Do Not Overdo it!. Prolonged inhalation of essential oils can cause an enlarged liver.
• If you have a congested nose or chest, add a few drops of essential oils of eucalyptus globulus (E. globulus) or peppermint (Mentha piperita) to a steam vaporizer.
• Caution: If you are asthmatic, be cautious the first time you try this; if you have not been exposed to essential oils before, inhaling the vapor may actually precipitate an attack.

Ayurvedic Remedies for Flu:

Ayurvedic practitioners recommend the following strategies to combat flu:

• At the first sign of the flu, switch to a bland diet. Eat soft-cooked rice (rice that has a very soft, moist texture created by a longer cooking time with more water) with a pinch of cumin, ginger powder and turmeric for seasoning. In India, broken rice is used for this purpose with generous amount of water so that we will get a soup in the end. The ginger and cumin heat up your body, so you can sweat out toxins. Turmeric has antibiotic and antiseptic qualities. You can also add few cloves of garlic cut into small pieces to the mixture as garlic is very good for flu.
• To ease the congestion that can accompany the flu:
   o ½ teaspoon sitopaladi powder
   o ½ teaspoon sudarshan
   o ½ teaspoon of honey
Mix the ingredients well. Take a teaspoonful of this mixture every few hours. Your symptoms will disappear quickly.
• For Severe Flu Symptoms – Take one tablespoon lukewarm honey with 1/4 spoon cinnamon powder daily for 3 days. This process will cure most chronic cough, cold and clear the sinuses. A scientist in Spain has proved that honey contains a natural ingredient, which kills the influenza germs and saves the patient from flu.
• Daily use of honey and cinnamon powder strengthens the immune system and protects the body from bacteria and viral attacks. Scientists have found that honey has various vitamins and iron in large amounts. Constant use of honey strengthens the white blood corpuscles to fight bacteria and viral diseases.

Herbal Remedies:

Herbal remedies cannot cure a cold or flu. But they can bring relief of symptoms, stimulate the immune system and speed recovery. Here are several herbal remedies useful for colds and flu.
• Corn starch, water and lemon. Mix together in a cup. One cup should be enough.
• Water, lemons, cinnamon sticks and honey. Put a gallon of water in a large pot on the stove. Add four lemons cut in quarters and two sticks of cinnamon. Bring water to a full boil and then let steep for five or more minutes. Drink one cup several times a day if you are able to stay home and rest and one or two cups at night, otherwise just drink at night. Best taken at the beginning of flu symptoms. This remedy should help you sweat out the flu, help ease any sore throat you may have and also keep you hydrated.
• Tea, lemon, orange juice and brandy. Works like a charm. Just make a cup of tea, squeeze half a lemon and half an orange into the tea and put two teaspoons of brandy and you should feel much better soon.
• One garlic clove and a sharp knife. Cut raw garlic as thin as possible and put the garlic slices on your tongue. Do not chew, just place on the tongue and then swallow. Best when taken at the first signs of flu symptoms
• Eucalyptus, burnt sugar, lemon and water. Boil the water and add eucalyptus, burnt sugar, lemon juice and/or lemon rind, and continue to boil for five minutes. Drink the tea hot, preferably just before going to bed.
• Colloidal silver. A half teaspoon of colloidal silver for children and a teaspoon for adults can be swallowed to ease or eliminate flu symptoms. If you take colloidal silver regularly, you may never get the flu.
• At the first sign of a flu, put a few drops of 3% hydrogen peroxide into each ear, one ear at a time. Keep the solution in for 10 minutes or until the bubbling stops. Your temperature should start dropping within minutes, and your flu should be gone within 12 to 14 hours.
• Goldenseal tea. Use goldenseal tea bags (not pills or capsules) to make tea. Drink a cup before bed (sweeten with honey or Stevia if desired).
• Herbal Fever Remedy
   o 1 ounce dried Elder Flowers
   o 1 ounce dried Peppermint Leaves
   o ½ pint distilled water
Mix the herbs. Place in a quart saucepan. Pour 1/2 pints of distilled boiling water over it. Cover and allow to steep in a hot place for 10 to 15 minutes (do not boil). When ready, strain into another saucepan. Sweeten with honey if desired. This remedy drops high temperature associated with flu quite effectively. In some cases, the temperature has been reduced from 104 to 99 degrees within two hours!! According to Dr. Dr. Edward E. Shook, well known herbalist, "there is no remedy for colds and fevers of any description equal to this simple life-saving formula." More Information.
• Psyllium – Boneset Flu Remedy: This remedy is useful for flu as well as for backaches and headaches.
• Peppermint-Rosemary-Elder Flu Remedy: This remedy is good for colds with flu Symptoms.
• Echinacea and goldenseal stimulate the immune sys tem. Goldenseal also helps to soothe mucous membranes. Add 10-15 drops of a combination of echinacea and goldenseal to herbal teas at the first sign of a sniffle to boost the immune system. Take one dose of an echinacea and goldenseal combination remedy supplying 250 to 500 milligrams of echinacea and 150 to 300 milligrams of goldenseal three times daily for five days.
• An infusion of boneset (Eupatorium perfoliatum) may relieve aches and fever and clear congestion: Simmer 1 cup boiling water with 2 tsp of the herb for 10 to 15 minutes; drink a cupful every hour, as hot as you can stand it.
• A comforting herbal tea may be made from an infusion of equal measures of elderflowers, peppermint and hyssop. Caution: Take only small doses of hyssop (no more than 1-2g three times daily).
• To combat chills, try taking 30 drops of yarrow (Achillea millefolium) or elder (Sambucus nigra) flower tincture every four hours until your chills are gone.
• Use a warming tea made of Cinnamon (Cinnamomum zeylanicum), Cayenne (Capsicum minimum) and ground Ginger (Zingiber officinalis).
• To help yourself rest and relax, take a cup of chamomile tea twice a day.
• Use inhalations of chamomile, eucalyptus or thyme. These help loosen mucus and heal the throat, nasal passages and bronchial tubes.
• Horsetail inhalations reduce swelling of mucous membranes.
• At the first sign of the flu, begin taking the Chinese botanical formula Yin Qiao. (This remedy usually is not helpful after the third day of symptoms.) Take two or three tablets three times a day, up to twelve tablets in a twenty- four-hour period, during the acute phase of the flu. After the symptoms start to ease, reduce the dosage to one tablet three times daily for one week.
• In a 1995 Israeli study, elderberry extract was found to reduce both the severity of symptoms and the duration of flu (two to three days in the treated group versus six days in the placebo group). Choose an extract standardized to contain 5 percent total flavonoids and take 500 milligrams twice daily.
• Garlic helps to detoxify the body. Take 500 milligrams (or one clove) three times a day for up to five days.
• Take ginger tea. Ginger tea is antiviral and helps break up the mucus and congestion. Ginger tea is excellent if the stomach is affected. To make the tea, boil 2 tablespoons of grated fresh ginger in 2 cups of water for 15 minutes, then remove from the heat and steep for 10 minutes. Take a cup as needed.
• Onion or nasturtium inhalations disinfect.
• Ginkgo biloba leaf inhalations kill bacteria and heal the cells of the damaged mucous membranes almost immediately.
• Inhale steam for fifteen minutes three times daily in acute stage. When the condition is improving, inhale steam in the evening before retiring for a week or so to help heat the bronchial passages.
• When feeling more feverish, induce sweating by taking infusions of Catmint (Nepeta cataria) and/or Elderflower (Sambucus nigra).
• To help alleviate and disinfect dry air passages, add 10 drops of tea tree oil to a bowl of hot water or vaporizer and leave in bedroom overnight. A small handkerchief sprinkled with a few drops of the oil and left under the pillow may help as well.
• At the onset of a flu, drink lindenflower tea with 2 drops of lemon balm oil, thyme tea with honey, rose hip tea or acerola juice. When you start to sweat, quickly go to bed and continue sweating for one hour. Change clothes, rub body dry and try to steep. This therapy often stops the flu before it becomes full blown.
• Gargle regularly with sage tea to disinfect mouth, and use sage inhalations to reduce inflammation.
• Wash body with an infusion of thyme or juniper needles.
• If you are suffering from muscular aching, use an infusion of Boneset (Eupatorium perfoliatum) alone, or in combination with Catmint (Nepeta cataria) and/or Elderflower (Sambucus nigra).
• Chinese Herbal Formula for Flu – Gan Mao Dan (Common Cold and Flu Pills)
This remedy expels Wind-Heat, reduces fever, relieves chest congestion, and stops cough.
Symptoms:
   o Cough
   o Fatigue
   o Fever with slight chills
   o Headache
   o Nausea
   o Red eyes
   o Runny nose
   o Skin rash
   o Sore throat
Ingredients: Lonicera Flower (Flos Lonicerae), Forsythia Fruit (Fructus Forsythiae), Gardenia Fruit (Fructus Gardeniae), Phragmites Rhizome (Rhi- zoma Phragmites), Red Peony Root (Radix Paeonia Rubra), Wooly Grass Rhizome (Rhizoma Imperatae Cylindricae), Soja Seed (Semen Sojae Praeparatum), Mentha Herb (Herba Menthae), Morus Leaf (Herba Mori), Schizonepeta Herb (Herba Schizonepetae), Aster Root (Radix Asteris Tatarici), Platycodon Root (Radix Platycodi), Citrus Peel (pericarpium Citri Reticulatae)
Dosage: 20 pills twice a day.

Important Herbs for Flu

• Echinacea – Echinacea has been a traditional favorite for colds and flu. Double blind studies in Germany have shown that infections with flu-like symptoms clear more rapidly when taking echinacea.1 Echinacea appears to work by stimulating the immune system. Taking 3–5 ml of tincture or 300 mg of dried root powder three times per day is usually recommended.
• Elderberry:- Elderberry is another herb that has been used in treating flu.  This herb contains two compounds that are active against flu viruses. It also prevents the virus from invading respiratory tract cells. A patented Israeli drug (Sambucol) that contains elderberry is active against various strains of viruses. In a clinical trial testing Sambucol, twenty percent of flu sufferers who used it showed significant relief of fever, muscle aches and other symptoms within 24 hours, and another 73 percent felt better after the second day. In three days, 90 percent were reported completely cured. In a similar group that received an inactive treatment (a placebo), only 26 percent were improved in two days, and it took most of them six days to feel well again. Sambucol also stimulates the immune system and has shown some activity in preliminary trials against other viruses, such as Epstein-Barr, herpes and even HIV.  In a small double blind trial, patients with influenza2 were found to recover three times faster when they took one capsule of elderberry extract four times daily compared to patients taking placebo.
You can take the medication or take the herb by making a tea from the herb: Make elderberry-flower tea by steeping 3 to 5 g of dried flowers in one cup of boiling water for 10 to 15 minutes. Take 1 cup of this tea 3 times daily.
Elderberry flower is generally regarded as safe. Side effects are rare and consist primarily of occasional mild gastrointestinal distress or allergic reactions. Its safety in young children, pregnant or nursing women, or those with severe liver or kidney disease is not established.
• Astragalus – Astragalus root has been used to enhance immunity for thousands of years in China. This herb is considered by herbal practitioners to be a tonic that strengthens the body’s resistance to disease. Astragalus can stimulate practically all of the processes of your immune system. It increases the number of stem cells in bone marrow and speeds their growth into active immune cells. Astragalus also may help boost levels of interferon, one of your body’s potent fighters against viruses. This, in turn, can help prevent or shorten the duration of colds and flu. Astragalus alson boosts the production of white blood cells called macrophages, whose function is to destroy invading viruses and bacteria. As soon as you discover the flu, take one 500- milligram capsule of astragalus four times a day until symptoms disappear. Then take one capsule twice a day for seven days to prevent a relapse.
• Garlic – Garlic is known to kill influenza virus in test tubes.3 It also stimulates the immune system and wards off complications such as bronchitis. Garlic contains several helpful compounds, including allicin, one of the plant kingdom's most potent, broad-spectrum antibiotics. This herb's aromatic compounds are readily released from the lungs and respiratory tract, putting garlic's active ingredients right where they can be most effective against cold viruses. Holistic practitioners often recommend taking several cloves of raw garlic per day during an infection. You can also take aged garlic extract, or consume products such as hot garlic bread or toast.
• Asian ginseng (eleuthero) – Asian ginseng have immune-enhancing properties, which play a potential role in preventing infection with influenza. Boneset has been shown in test tube and other studies to stimulate immune cell function. This may explain boneset’s traditional use to help fight off minor viral infections, such as the flu.
• Wild Indigo – Wild indigo contains polysaccharides and proteins that are believed to stimulate the immune system. It is used traditionally to fight the flu5 in combination with herbs such as echinacea, goldenseal, or thuja.
• Forsythia and honeysuckle – These herbs are used by Oriental Medicine practitioners to treat colds, flu and other viruses. They have real antiviral benefits. At the inception of cold or flu, mix honeysuckle and forsythia with lemon balm tea (lemon balm also has antiviral properties.) Take this tea before going to bed.
• Mullein – A tea made with mullein flowers provides throat-soothing mucilage and also has an expectorant effect. Herbalists think that this plant contains compounds that inhibit flu viruses. You can also make a tea with mullein leaf.
• Other Herbs:
   o Bayberry
   o Boneset
   o Calendula
   o Ginger
   o Goldenseal
   o Lemon balm
   o Oregon grape
   o Thyme

Nutrition for Flu:

• If you don't feel like eating, do not force yourself. For a day or two, consume only liquids-water, juices, teas, and soups. Digesting liquids requires a lot less energy than digesting foods. This means that your body has more energy to fight the flu.
• Consume easily digested foods such as juices, lemonade (hot or cold), herbal teas, applesauce, and lots of nourishing broth and homemade soups. Miso and chicken soup are good choices.
• Take mushrooms soup. Mushrooms of choice include shiitake, maitake, and reishi mushrooms. They are shown in studies to boost the body's immune response.
• Getting plenty of fluids, including soups, is particularly important. Drink at least six to eight glasses of liquid daily. Fluids help to thin secretions, making it easier for the body to clear them, and also help to prevent constipation and flush toxins from the body.
• Sick People Soup – Here is a great soup to take when you are down with cold and flu. It comes from Rosita Arvigo, author of "Rainforest Home Remedies."
   o 1/2 head cabbage, chopped
   o 1 onion, chopped
   o 1 head garlic, chopped
   o 3 carrots, sliced
   o 3 pieces celery, diced
   o 6 Tbsp ginger, grated
   o ¼ c miso (soybean paste)
   o 2 qts water
   o juice of 1 lemon or lime
Boil the vegetables in the water until tender (about thirty minutes), then add ginger and garlic and allow to boil another five minutes. Remove from heat. Take a bit of the hot soup from the pot and mix with the miso to form a thick liquid. Add to the soup and serve. Squeeze a bit of fresh lime juice into the bowl. For added health boosts, add sliced agaricus, reishi, shitake or maitake mushrooms to the boiling vegetables and sprinkle crushed garlic on the soup before serving.
• When there is fever, take liquids only.
• Recommended liquids: Warm broth, vegetable juices and herb teas.
• Avoid dairy products and sugar. They increase and thicken mucus. Avoid a milky drink at night if you have chest problems, since this can contribute to congestion of the chest by morning.
• Red beet juice makes the flu virus inactive.
• Condensed grape juice strengthens the heart muscles.
• Parsley, celery, watercress, garlic, lemon, carrot and coconut juices are nourishing and help to cleanse and promote healing.
• Drink fruit juices after diluting. Limit the intake of sugars.
• Increase the proportion of vitamin C-rich foods in the diet, such as tomatoes, raw green peppers, carrots, strawberries and citrus fruit. This vitamin is easily destroyed by the process of oxidation, so do not leave peeled, chopped fruit or vegetables to stand for a long time before eating. Overcooking also leads to loss of vitamin C, especially if fruit or vegetables are boiled. Vegetables and fruit are best eaten raw, and if vegetables must be cooked, steam them, which preserves essential nutrients.
• Eat fresh, raw fruit and vegetables, whole grains, garlic, pulses, beans, small helpings of fish, nuts and seeds. These foods appear to increase resistance to infection and improve vitality.
• Use unrefined, cold-pressed flax seed oil as a salad dressing. Flax seed oil is an excellent source of the omega-3 essential fatty acid and also contains the omega-6 essential fatty acid. These fats help strengthen cell membranes, thereby speeding healing and strengthening resistance to infection. In the body.
• Eat sea plants or algae. These can re-mineralize the body after overexposure to processed foods. Spirulina, alfalfa, chlorella or seaweeds can be added to soups or juices in powder or capsule form.
• Garlic can also help ward off a cold by inhibiting the growth of staphylococcus and streptococcus bacteria.
• Avoid food and drinks that put extra strain on the liver. The liver is responsible for efficient detoxification of the body. The foods to avoid include convenience foods containing substantial amounts of chemicals such as colorings and preservatives, and alcohol, which also depletes the body of vitamin C.

Nutritional Supplements:

• Vitamin C, Vitamin A and Bioflavonoids – Vitamin C is well-known for treating and preventing colds. Studies show that vitamin C can shorten the duration of common colds and flu and even prevent them. Taken in large enough doses, vitamin C can boost your immune system by pumping enough fuel into white blood cells to destroy invading viruses and bacteria. Vitamin C increases interferon levels and has interferon-like properties itself. It acts as a natural antihistamine that helps dry up watery eyes and reduce nasal and chest congestion. It is also a powerful antioxidant that can help prevent the damage that your body endures when viruses or bacteria attack your immune system. Dockworkers given 100 mg of vitamin C each day for ten months caught influenza 28% less than their coworkers not taking vitamins. Moreover, the average infection was 10% shorter in those taking vitamin C.1 Other studies have reported that vitamin C in high doses (2 grams every hour for twelve hours) can lead to rapid improvement of influenza infections.2, 3
• At the first sign of cold or flu symptoms, take 500 milligrams of vitamin C with bioflavonoids or rose hips four to six times a day. The bioflavonoids and rose hips strengthen the vitamin C’s infection-fighting power by 35 percent, according to experts. Start taking Vitamin C as soon as you can. There are no adverse effects from taking high dosages of vitamin C. If you experience diarrhea, reduce the dosage of Vitamin C. Use bioflavonoids along with vitamin C for their synergistic effect.
• Vitamin A is a nutrient vital to the mucous membranes throughout the respiratory system during a cold or flu. It is known as the anti-infection vitamin. It battles viruses and bacteria in two ways. By keeping the cells healthy all along your respiratory tract, it provides a barrier that resists microorganisms. If some invading microorganisms manage to breach the barrier, you want to have antibodies and lymphocytes ready to destroy them. Vitamin A helps your body provide those reinforcements.
• As soon as you notice cold or flu symptoms, take 100,000 international units (IU) of vitamin A daily for three days, then reduce the dosage to 25,000 IU for one week or until symptoms disappear.
Caution: These are very high doses, please check with your doctor before taking this much.
• Beta-carotene, Vitamin A’s precursor, is rich in antioxidant power and antiviral properties. It bolsters immunity and protects the thymus gland. It also protects you from viruses by enhancing mucous membrane secretions. By producing the secretions, the beta-carotene prevents the virus from invading your body. If you feel a cold or flu coming on, take 100,000 IU of beta-carotene for 10 to 14 days, then cut the dosage to 50,000 IU a day to prevent future respiratory infections.
• Zinc – Zinc supplementation is recommended for immune system support. Zinc lozenges soothe a sore throat and help fend off a cold before it takes hold. Zinc stimulates the immune system by generating new white blood cells and whipping them into shape to battle viruses. If you have too little zinc, your production of white blood cells may drop, and that can increase your risk of catching a cold, flu, or other upper respiratory infection. In one study, children who got 10 milligrams of zinc daily for 60 days were much less likely to get respiratory infections than children getting less. In fact, the children who got enough zinc were 70 percent less likely to have fevers, 48 percent less likely to have coughs, and 28 percent less likely to have mucus buildup.
• Take 5 to 10 milligrams of zinc five times daily for five days to one week. Take zinc with food to prevent stomach upset. Be careful not to consume too much zinc. Doctors recommend taking no more than 15 milligrams of zinc a day. Zinc gluconate in lozenge form has been found to shorten the duration of cold symptoms. In a study, participants who sucked on one zinc gluconate lozenge (containing about 13 milligrams of zinc) every two hours while awake got rid of their coughs, nasal congestion, sore throat, and headaches three to four days sooner than those who didn’t get any supplementation. Don’t take them for longer than one week, because they can weaken your immune system.
• Garlic – Garlic is very beneficial especially at the beginning of a cold of flu. It warms the body and acts as an antiviral and antibacterial.
• Thymus glandular extract boosts immune function by increasing the number and activity of infection-fighting white blood cells. Take 250 to 500 milligrams twice a day. This is especially important for people over forty, as thymus function declines with age.
• Recommended dosages:
   o Vitamin C, with bioflavonoids, 1,000 mg every few hours throughout the day, up to bowel tolerance
   o Zinc lozenges, with 3 mg copper, every few hours, up to 70 mg daily during a cold and 30 mg daily as a preventive.
   o Garlic, 2 capsules three times daily
   o Vitamin A, 25,000 IU daily (avoid during pregnancy)

Live long, live healthy, live happy!
 

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Skip Breakfast, Pack on the Pounds

MONDAY, March 3 (HealthDay News) — For teens looking to keep weight off, it doesn't have to be a breakfast of champions, but it should be some kind of breakfast — and preferably a healthy one.

Yet another study is confirming that adolescents who skip breakfast have a higher risk of being overweight.

"There's a pretty significant inverse association between how frequently kids report eating breakfast and how much weight they gain over time, and we took into account other dietary factors and physical activity," said Mark Pereira, co-author of the study, published in the March issue of Pediatrics.

"It's interesting to note that the kids who eat breakfast on a daily basis overall have a much better diet and are more physically active," Pereira said.

Added Dr. Peter Richel, chief of pediatrics at Northern Westchester Hospital Center in Mount Kisco, N.Y.: "Grandma and Mom are right. When we skip breakfast, especially in the teenage years, then kids tend to snack and graze."

More than one-third of teens aged 12 to 19 are now overweight or at risk of becoming overweight. And over the past two decades, the proportion of children who are overweight has doubled; among teens, the proportion has tripled, according to background information with the study.

An estimated 12 percent to 34 percent of children and adolescents skip breakfast on a regular basis, a number that increases with age. Previous studies have linked breakfast skipping with a greater tendency to gain weight.

"There has been quite a lot of published scientific literature already on the relationship between breakfast habits in both children as well as adults and obesity risk," said Pereira, an associate professor of epidemiology and community health at the University of Minnesota School of Public Health. "It's pretty darn consistent in the literature that people who eat breakfast are at lower risk for obesity, but most of those studies have some methodological limitations."

The new study was both cross-sectional and prospective — moving forward in time. More than 2,000 adolescents were followed for five years. Participants completed detailed surveys on their eating patterns and also provided information on their height, weight, body-mass index and physical activity.

The more often a person ate breakfast, the less likely he or she was to be overweight or obese.

"We can't make definitive statements about cause and effect," said Pereira. But the evidence seems to point that way, he added.

"What happens is that total fat and saturated fat as a percentage of total daily energy were lower in the breakfast eaters compared with breakfast skippers," Richel explained. "This really shows that we have the potential to improve energy balance and weight control with healthy breakfast consumption. We're not talking pop-tarts."

In another Pediatrics article, researchers reported that an Internet-based program helped keep teens' weight in check over the short term and also reduced binge eating. Those who participated in the program also had less concern about their weight and shape, compared with teens who did not participate, suggesting that the program may lower the risk for eating disorders.

The 16-week program included education, behavioral modification, journaling, discussion and motivational messages.

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CDC Warns of Safety Problems at Clinics

WASHINGTON (AP) — An outbreak of hepatitis C at a Nevada clinic may represent "the tip of an iceberg" of safety problems at clinics around the country, according to the head of the Centers for Disease Control and Prevention.

The city of Las Vegas shut down the Endoscopy Center of Southern Nevada last Friday after state health officials determined that six patients had contracted hepatitis C because of unsafe practices including clinic staff reusing syringes and vials. Nevada health officials are trying to contact about 40,000 patients who received anesthesia by injection at the clinic between March 2004 and Jan. 11 to urge them to get tested for hepatitis C, hepatitis B and HIV.

Senate Majority Leader Harry Reid, D-Nev., met Monday with CDC head Dr. Julie Gerberding, and on a media conference call after their meeting both strongly condemned practices at the clinic.

Health care accreditors "would consider this a patient safety error that falls into the category of a 'never event,' meaning this should never happen in contemporary health care organizations," said Gerberding.

"This is the largest number of patients that have ever been contacted for a blood exposure in a health-care setting. But unfortunately we have seen other large-scale situations where similar practices have led to patient exposures," Gerberding said.

"Our concern is that this could represent the tip of an iceberg and we need to be much more aggressive about alerting clinicians about how improper this practice is," she said, "but also continuing to invest in our ability to detect these needles in a haystack at the state level so we recognize when there has been a bad practice and patients can be alerted and tested."

Reid said he would work with Gerberding to try to get the CDC more resources in an emergency spending bill Congress is to take up in April.

State health officials said they weren't sure how many of the 40,000 patients they'd been able to contact since making the risk public last Wednesday. At least initially they didn't have correct addresses for 1,400, officials said.

The head of the clinic, Dr. Dipak Desai, purchased space for an open letter in the Las Vegas Review-Journal on Sunday in which he expressed "my deepest sympathy to all our patients and their families for the fear and uncertainty that naturally arises from this situation."

Desai offered no apology but said a foundation was being set up to cover testing costs. He also defended practices at his clinic, which performs colonoscopies.

"The evidence does not support that syringes or needles were ever reused from patient to patient at the center," Desai wrote.

A spokeswoman, Nancy Katz, declined Monday to comment further.

The Clark County district attorney is investigating, as are various health agencies, including the Nevada State Board of Nursing. Several lawsuits already have been filed and a hearing is scheduled for Thursday before a Nevada legislative committee.

It may never be known how many people contracted hepatitis C because of unsafe practices at the endoscopy center, state health officials said. Brian Labus, head epidemiologist of the Southern Nevada Health District, said that because 4 percent of the population has hepatitis C, he expects to get numerous positive results after the at-risk clinic patients are tested and it may be impossible to determine which of those were infected at the clinic.

Of the six cases that health officials did trace to the clinic, five of them happened on the same day and genetic testing was used to make the connection, Labus said.

Hepatitis C can cause fatal liver disease as well jaundice and fatigue, but 80 percent of people infected show no symptoms. Hepatitis B is a more rare and serious disease that attacks the liver.

Meanwhile, state health officials are still looking at a second clinic with connections to the first, called Desert Shadow Endoscopy Center. At Desert Shadow, officials had been found to reuse anesthetic vials but not syringes and so far no patients have been notified of potential risk. That determination could still be made, said Lisa Jones, head of the Nevada State Health Division's bureau of licensure and certification.

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Court Allows Suit Against Drug Maker

WASHINGTON — A 4-to-4 vote on Monday left the Supreme Court unable to decide a pharmaceutical pre-emption case that was argued a week ago.

The tie vote, with Chief Justice John G. Roberts Jr. not participating, will permit a lawsuit to proceed against the Warner-Lambert Company, the maker of a diabetes drug, Rezulin. The plaintiffs are 27 diabetes patients from Michigan who suffered liver damage while taking the drug. Rezulin was approved by the Food and Drug Administration in 1997 and withdrawn from the market three years later at the agency’s request.

A tie vote at the Supreme Court automatically affirms the lower court’s judgment. In this case, the federal appeals court in New York had rejected the company’s argument that the reasoning of a seven-year-old Supreme Court precedent barred individual damage suits that are based on the claim that a drug manufacturer obtained F.D.A. approval through fraud. Affirmance by a tie vote resolves only the particular dispute, without setting a precedent for other cases.

According to his financial disclosure form, Chief Justice Roberts owns $5,001 to $50,000 in stock in Pfizer Inc., Warner-Lambert’s corporate parent. When there is a tie vote, the court issues a one-sentence order that does not identify the positions of the justices who voted.

This case, Warner-Lambert Co. v. Kent, presented a narrow slice of the broad pre-emption issue that the court will take up in its next term. In that new case, Wyeth v. Levine, the question is whether the Food and Drug Administration’s approval of a drug’s label precludes individual damage suits based on the claim that the label failed to include sufficient information or adequate warnings.

In essence, if the answer is yes, most individual lawsuits for damages caused by approved drugs would be pre-empted. Last month, in Riegel v. Medtronic Inc., the court interpreted a federal law, the Medical Device Amendments, as barring most individual lawsuits against manufacturers of approved medical devices.

The Warner-Lambert case, by contrast, specifically questioned the status of lawsuits alleging that F.D.A. approval was obtained by withholding or misrepresenting crucial information — in other words, by fraud. A 2001 Supreme Court decision, Buckman v. Plaintiffs’ Legal Committee, barred general claims of fraud.

But the lawsuit by the Rezulin patients was brought under the specific provisions of a Michigan law that, while prohibiting product liability suits against makers of approved drugs, specifically permits claims that the manufacturer withheld or misrepresented information that was important to the approval process. The question was whether the existence of the state law placed the lawsuit on a different footing for the purpose of pre-emption analysis.

The Bush administration, which has embraced a broad theory of federal pre-emption of individual tort suits, entered the case on the manufacturer’s behalf. It argued that “permitting lay juries to second-guess” the adequacy of a drug application would interfere with the agency’s “exercise of its expert judgment.”

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Cause Of Flu Epidemics Uncovered

ScienceDaily (Mar. 4, 2008) — The exchange of genetic material between two closely related strains of the influenza A virus may have caused the 1947 and 1951 human flu epidemics, according to biologists. The findings could help explain why some strains cause major pandemics and others lead to seasonal epidemics.

Until now, it was believed that while reassortment — when human influenza viruses swap genes with influenza viruses that infect birds — causes severe pandemics, such as the 'Spanish' flu of 1918, the 'Asian' flu of 1957, and the 'Hong Kong' flu of 1968, while viral mutation leads to regular influenza epidemics. But it has been a mystery why there are sometimes very severe epidemics — like the ones in 1947 and 1951 — that look and act like pandemics, even though no human-bird viral reassortment event occurred.

"There was a total vaccine failure in 1947. Researchers initially thought there was a problem in manufacturing the vaccine, but they later realized that the virus had undergone a tremendous evolutionary change," said Martha Nelson, lead author and a graduate student in Penn State's Department of Biology. "We now think that the 1947 virus did not just mutate a lot, but that this unusual virus was made through a reassortment event involving two human viruses.

"So we have found that the bipolar way of looking at influenza evolution is incorrect, and that reassortment can be an important driver of epidemic influenza as well as pandemic influenza," said Nelson, whose team's findings appear in the current issue of PLoS Pathogens. "We have discovered that you can also have reassortment between viruses that are much more similar, that human viruses can reassort with each other and not just with bird viruses. "

Nelson and her colleagues analyzed the evolutionary patterns in the H1N1 strain of the influenza A viruses by looking at 71 whole-genome sequences sampled between 1918 and 2006 and representing 17 different countries on five continents.

Using the genome data, the researchers constructed phylogenetic trees representing evolutionary relationships across all eight genome segments of the virus.

Big differences in the shapes of these eight trees signified that reassortment events had occurred.

The swapping of genes between two closely related strains of the influenza A virus through reassortment may also have caused the 1951 epidemic, which looked and acted in many ways like a pandemic as well. Deaths in the United Kingdom and Canada from this epidemic exceeded those from the 1957 and 1968 pandemics.

Currently, there are many types of influenza virus that circulate only in birds, which are natural viral reservoirs. Though the viruses do not seem to cause severe disease symptoms in birds, so far three of these viral types have infected humans — H1N1, H2N2, and H3N2.

Understanding how each strain evolves over time is crucial. H3N2 is the dominant strain and evolves much more rapidly than H1N1. So the H1N1 component of each year's flu vaccine has to be updated less often. In comparison, the H3N2 component of the vaccine has been changed four times over the past seven years.

"Last year the infections were dominated by H1N1 but we had no way of predicting it," said Nelson. "This year the vaccine failure is due to the H3N2 mismatch because researchers picked the wrong strain."

The H1N1 virus is particularly unusual because it disappeared completely in 1957, only to mysteriously re-emerge in humans in 1977 in exactly the same form in which it had left. It is still not certain what happened to the virus during its disappearance. But since it did not evolve at all over these twenty years, "the only plausible explanation is that it was some kind of a lab escape," says Nelson, who is also affiliated with Penn State's Center for Infectious Disease Dynamics (CIDD).

In recent decades, flu infections in the United States have been dominated by yet another reassorted viral strain known as H3N2. This strain caused the Hong Kong flu pandemic of 1968, which killed nearly a million people.

The Penn State researcher says the study shows that the evolution of a virus is not limited to the mutation of single lineage, and that there are multiple strains co-circulating and exchanging genetic material. The H1N1 and H3N2 strains, for instance, are occasionally generating hybrid H1N2 viruses.

"If we really want effective vaccines each year, our surveillance has to be much broader than simply looking at one lineage and its evolution, and trying to figure out how it is going to evolve by mutation," said Nelson. "You have to look at a much bigger picture."

Other researchers on the paper include Edward Holmes, professor of biology at Penn State; David J. Spiro, assistant investigator, J. Craig Venter Institute; Elodie Ghedin, assistant professor, University of Pittsburgh; Jeffery K. Taubenberger, senior investigator, and Naomi A. Sengamalay, research assistant, both at University of Maryland School of Medicine; Cecile Viboud, research scientist, National Institutes of Health; Lone Simonsen, visiting professor, George Washington University; Ryan T. Bennett, Sara B. Griesemer, Kirsten St. George, and Jill Taylor, all research assistants, New York State Department of Health.