2011年6月29日星期三

Does American Needle Case Apply To Collegiate Licensing?

Last year one of the biggest legal decisions in sports was made in American Needle, Inc. v. National Football League. (You can read about the decision in these two pieces I wrote for Forbes: Why NFL’s Supreme Court Loss Isn’t Much of a Loss(5.24.10) and American Needle vs. NFL: Looking Forward (5.26.10))

Earlier this month, cease and desist letters were sent to Collegiate Licensing Company, the nation’s top collegiate marketing and licensing company, and 27 FBS schools demanding that they stop their so-called collective effort to limit the production of merchandise with collegiate logos.

Quite a few of you have asked me about the situation, so I’ve asked my friend Beth Hutchens (Twitter: @HutchensLaw) of Hutchens Law Offices, who specializes in Intellectual Property law, to help me explain.

The real question here is whether the decision from the American Needle case applies in this situation. So, Ms. Hutchens will start with an explanation of that case and move to the situation at hand. I’ll let her take it away:

About 10 years ago, the National Football League Players’ Association (“NFLPA”) decided that they wanted Reebok (and only Reebok) to make hats with the teams’ logos on them.  American Needle, Inc., a competitor of Reebok, had been making these types of hats for the National Football League (“NFL”) for some time and, as a result of the NFLPA’s deal with Reebok, lost its contract to make said hats.  American Needle, Inc. did not have much of a sense of humor about this and sued the NFL under antitrust principles.  Long story short, American Needle Inc. argued that the NFL violated antitrust law because all 32 NFL teams worked together to freeze it out of the NFL-licensed-brand-hat-making business when they gave that exclusive right to Reebok for ten years.  The NFL asked for broad antitrust protection and argued that it was a single entity comprised of 32 different teams united under a common umbrella, hence the license wasn’t anticompetitive.   American Needle Inc. disagreed and argued that since each team retained ownership and control of its trademarks they were independent entities acting in concert.  Hilarity ensued all the way to the United States Supreme Court.

The Needle Court had to decide if the NFL was a single entity as opposed to a collection of separate entities  because §1 of the Sherman Act (the antitrust law at issue here) forbids conspiracies to restrain trade.  One cannot conspire with oneself, such as a parent and a subsidiary (the NFL’s argument), but two separate entities can, such as two competitors (American Needle, Inc.’s argument).  The relevant question, then, is if the 32 teams agreeing to grant an exclusive license for use of their independently owned marks “join[ed] together independent centers of decision making”.  This is why the NFL argued that the teams were under a single umbrella and most definitely were not separate entities.  The Supreme Court didn’t buy it and said:

Although NFL teams have common interests such as promoting the NFL brand, they are still separate, profit-maximizing entities, and their interests in licensing team trademarks are not necessarily aligned.

Programs May Curb Hepatitis C in Drug Users

Programs that give injection drug users clean needles or safer drug substitutes may help cut their odds of contracting the liver infection hepatitis C, a new study suggests.

The hepatitis C virus is passed through contact with infected blood. Health care workers are particularly vulnerable, as are people who get tattoos in unclean environments. But in the U.S., most of the roughly 18,000 new infections each year occur when people who inject opiates, like heroin, share tainted needles or syringes.

Studies have found that clean-needle programs do reduce needle-sharing, and they seem to curb drug users' risk of infection with HIV, the virus that causes AIDS. The same appears true of programs that get addicts into treatment with opiate "substitutes" like methadone, which is taken orally instead of injected.

But there has been little evidence that these programs help cut the spread of hepatitis C.

A problem with the hepatitis C virus is that it's much easier to transmit than HIV. Even a faint amount of blood on a shared needle, for example, might be enough to infect another person.
But the new findings, published in the journal Addiction, suggest that needle and opiate-substitution programs can make a difference in hepatitis C risk, according to senior researcher Matthew Hickman, a professor of public health at the University of Bristol in the UK.

Combining the results from six previous studies of UK programs, Hickman's team found that drug users with the highest "coverage" from clean-needle programs were about half as likely to contract hepatitis C as other users.

Among users who said they got enough clean needles to cover all of their injections, just under 4 percent tested positive for hepatitis C during the studies, which lasted up to a year. That compared with 7 percent of drug users who didn't get clean needles for all their injections.

Similarly, the rate of new hepatitis C infection was 3 percent among drug users who were currently taking an opiate substitute (usually oral methadone), versus 7 percent among those not on treatment.

Drug users participating in both types of programs fared best of all, with a new infection rate of 2 percent.

"The implication is that hepatitis C transmission can be reduced by opiate substitution therapy and needle and syringe programs, especially their combination," Hickman told Reuters Health in an email.

While the study looked only at UK programs, it's likely the results would be similar in other countries, he said.

The study has its limits. It combined the results of several observational studies, where researchers "observed" groups of injection drug users who chose to use or not use the needle and opiate substitution programs.

Leaving the choice to the individual makes it hard to show that the programs are what caused hepatitis C infection rates to go down. There may be other differences between people who used the programs and those who didn't that would explain the results.

The findings are also based on small numbers, Hickman's team points out. The researchers had usable information on 919 program participants across the six study sites, and there were 40 cases of new hepatitis C infection.

Still, Hickman said the study starts to fill a gap in the knowledge of how well injection drug use programs are working.

In the U.S., new cases of hepatitis C infection have fallen sharply since the 1980s, according to Centers for Disease Control and Prevention. In the early 1990s, doctors found a way to detect the virus in blood, which meant they could make sure it wasn't transmitted in blood transfusions.

But chronic hepatitis C infection, the agency says, remains a major public health problem.

Between 75 and 85 percent of people infected with hepatitis C develop chronic infection, which can eventually cause serious liver diseases like cirrhosis (scarring of the liver) and liver cancer. Hepatitis C presently accounts for about a third of the liver transplants done in the U.S. each year.

An estimated 3.2 million Americans have chronic hepatitis C, about half of whom are unaware of it. (The initial infection most often causes no symptoms.)

There are medications for treating chronic hepatitis C, although they are not effective for everyone and have side effects like fatigue, nausea, headache and sleep problems.

According to Hickman, one question for future studies is whether treating chronic hepatitis C in injection drug users helps reduce transmission.

2011年6月26日星期日

‘Cars’ sequel runs out of gas quickly

For some reason, both “Cars” (G, 2006) and now “Cars 2” represent the most charmless creations of the great Pixar animation house. These worlds, populated by thinking, feeling, talking vehicles of all sorts — no humans involved — just aren’t that interesting, beyond the visual pizazz.

The gags are kind of cheesy, too. Even in car-land, it seems, leaking oil equals toilet humor. Kids 8 and older may still have fun at “Cars 2,” undoubtedly, but parents should note that it’s nearly two hours long, and The Family Filmgoer saw a lot of fidgety kids at a preview.

“Cars 2” takes the redneck pickup truck Mater (voice of Larry the Cable Guy) and his best pal, champion racer Lightning McQueen (Owen Wilson), to Tokyo and then to London for a big race, where the clueless Mater gets mistaken for an American agent by an undercover British sports car named Finn McMissile (Michael Caine) and his colleague Holley Shiftwell (Emily Mortimer). They’re tracking a ring of evil race cars whose leader aims to discredit alternative fuels. Mater knows none of this, but proves accidentally helpful to the British agents.

The animators’ car-ification of Tokyo’s and London’s sights is clever, and the shiny 3-D car-acters look snappy, but the plot gets way too complex and caught up in references to old James Bond films and other spy tropes that kids will miss.

THE BOTTOM LINE: The action sequences — and remember they’re in 3-D — involve not only chases, but gunfire, torpedoes, and explosions. SPOILER ALERT: Near the end, there’s a ticking time bomb that threatens the protagonists.

“Green Lantern” PG-13 — This much-ballyhooed movie take on the DC Comics series turns out to be a bit of a yawner, despite a strong cast and snazzy laser-like effects — all very 3-D and very greenish. Teens and even some kids 10 to 12 may find that it passes a rainy summer afternoon well enough, though.

We learn about an intergalactic army, the Green Lanterns, pledged to protect the universe from evil. One of their numbers is injured and crashes to Earth. Before he dies, he sends his glowing green ring (the Lanterns are powered by universal will, embodied in green light) to find a replacement. The ring chooses hot-dog test pilot and irresponsible playboy Hal Jordan (Ryan Reynolds), who flies for an aircraft company that makes jet fighters.

Hal is catapulted in a ball of green energy to the alien’s crash site, where the Green Lantern gives Hal his ring and lantern, then dies. Hal gets away before the military grab the body. College science teacher Hector Hammond (Peter Sarsgaard) is brought in to examine it. Hector’s infected by it, develops evil powers and becomes a misshapen villain.

Hal, meanwhile, is transported to the planet Oa, where the Green Lantern Corps trains. Their leader (Mark Strong) convinces Hal that he’s too weak — “only human” — to be a Green Lantern. But Hal soon finds he must use his Green Lantern powers (they can create any weapon through willpower) to protect Carol (Blake Lively), the boss’ daughter, and later the whole universe from the Parallax, a ginormous, spiderlike, evil entity.

THE BOTTOM LINE: The violence in “Green Lantern” is, for the most part, flashy and bloodless, though the alien’s injuries look a little gory. Later in the film, someone gets a hypodermic in the face. Characters engage in superhuman fights as well as regular dust-ups, along with mild-to-midrange profanity and mild sexual innuendo, including an implied one-night stand.

SouthWest police blotter roundup

Edgar Hernandez: 18, of Joliet, was arrested on June 18 on charges of driving while his license was suspended and illegal transportation of alcohol. He also was wanted on an outstanding warrant.

Grundy County sheriff

Joseph H. Frigo: 26, of Gardner, arrested on two counts of residential burglary, possession of a hypodermic needle and possession of drug paraphernalia.

Domestic batery: A criminal complaint was filed against Cirk Lindemuth, 24, of Diamond, on a charge of domestic battery.

Domestic battery: A criminal complaint was filed against Christopher D. Rich, 41, on a charge of domestic battery.

Protection order violation: A criminal complaint was filed against Anthony W. McVey, 37, of Morris, on a charge of unlawful violation of an order of protection.

Property damage: A criminal complaint was filed against Zachary R. Darling, 18, of Morris, on a charge of criminal damage to property.

William S. Tatum: 30, was arrested on a Grundy County warrant for a charge of failure to appear on a deceptive practice charge.

Timothy K. Steil: 19, was arrested on a warrant on a charge of failure to appear on an unlawful possession of a controlled substance charge.

Wilmington police

Houston Weathersby: 33, of Wilmington was arrested June 14 and charged with possession of a controlled substance and possession of drug equipment.

Drug arrest: A 17-year old female juvenile from Piper City was arrested June 20 on charges of possession of cannabis (30 grams or less) and possession of drug equipment.

Channahon police

Ryan E. Nabor: 25, of Channahon, was arrested and charged on an outstanding warrant out of Will County on June 15.

Jason A. Medema: 29, of Channahon, was arrested and charged with driving under the influence of alcohol, driving under the influence of alcohol and drug combination, possession of cannabis, possession of drug paraphernalia, operating an uninsured vehicle, improper lane usage, speeding and texting while driving on June 15.

Minooka police

Minooka police received a report of a white male attempting to lure two young boys into a vehicle on June 16.

The incident happened around 7:30 p.m. in the 1700 block of Waters Edge Dr. in Reflections Subdivision in Minooka. It was reported that a white male, approximately 20 to 25 years old, clean shaven with dark hair was driving a small silver four-door sedan when he attempted to lure the boys to his car by offering candy and gifts. No other further information on the suspect or vehicle was available to police. Parents are encouraged to instruct children to be aware of tactics used by these people. Some are offering candy or gifts, asking for directions, looking for lost pets, pretending to be hurt and asking for help and asking for assistance in carrying items to a car.

2011年6月22日星期三

Improperly disposed syringe pricks visitor at AIDS testing centre

The AIDS counselling and testing centre (CTC) at Indira Gandhi Government Medical College and Hospital (IGGMCH) is proving to be more harmful than useful. The ground outside the centre's building is littered with used needles and syringes. The authorities refuse to take responsibility for this incorrect method of disposing biomedical waste.

The CTC provides free AIDS counselling and testing to patients. The area outside this centre is strewn with infected material. This area is regularly used by relatives of patients as an access road to the only bathroom in the hospital premises. On Tuesday, a man was accidentally pricked by one of the needles while walking down the pathway.

"When my friend got pricked in the afternoon, we immediately rushed to the counselling centre upstairs. The counsellor told us it was nothing to worry about. We went to the superintendent Dr Ajay Keoliya afterwards to report the irresponsible act and he also took the issue casually," said Jitendra Singh Thakur, friend of the victim.

"I got the information really late in the day and had to leave as I had an examination the following day. Moreover, I would not be of any help since the issue is not under my jurisdiction. The centre is run by the District AIDS Prevention & Control Unit (DAPCU)," Dr Keoliya told TOI.

The sanitation officer of the hospital Suresh Jhadode too said he knew about the incident but was helpless since that area was not in his jurisdiction.

Another senior officials at the hospital went a step further, and laid the blame on the people who passed by. "Patients and their relatives have no business coming this way; this is supposed to be a wasteland," he said.

Ideally, these needles and syringes should be cut or crushed before being disposed off in the incinerator. The way they are thrown on the ground outside the building, however, they seem to have been thrown out of the window of the counselling centre. This improper disposal of potentially harmful biomedical waste poses a danger of spread of infections.

"Being educated people, we knew the probable dangers of a small prick by a discarded needle. I wonder what a poor person with not much knowledge would have done under similar circumstances," said Jitendra.

District program officer Ganesh Periyar was on leave and did not know about the incident. However, he promised quick action.

"Our lab technician has been attending a training camp for the last ten days. We can't say for sure if the needles were thrown by our staffers. We stick to the universal norms of disposing our waste safely," he said.

Lab technician Atul Jangde said he never saw such a thing. "Had I noticed the needles when I was on duty, I would have notified the seniors and asked the attendants to clear it," he said.

Fortunately, after TOI spoke to senior officials, there was an inspection in the afternoon and everything had been cleaned up when TOI went to the spot again.

Experience the Latest "Spring" Product Innovations at ADA Booth 2219

The Spring Universal Infusion Set is compatible with most insulin pumps currently available on the market. It is a multi-level system of the latest innovations in materials and miniaturized technology, where each component enhances drug-delivery assurance, while striving to enrich the user experience.

The Spring Universal Infusion Set includes: a "Detach-Detect" mechanism which enhances insulin delivery assurance by alerting the user when the set is detached from the body; a hidden, auto-retractable 28-gauge needle with a trocar tip designed to reduce pain and scarring and to minimize cannula bending potential; and a 360 degrees -connector. By simplifying the insertion process with the one-touch button push, the user and the insurance companies benefit by increasing the odds of the proper insertion on the first try.

"This is a design innovation with real value to all stakeholders in diabetes management," said Zoe Myers, a long-time insulin pump user and D. Medical's Chief Commercial Officer. "Why is the Spring Universal attractive to every insulin pump user? Ask anyone with insulin-dependent diabetes: Would you rather not look at a needle and would you like the peace of mind of knowing that your insulin is being accurately delivered?"

Spring Zone Insulin Delivery System(i)

The proprietary Intellispring(TM) technology is at the heart of the Spring Zone Insulin Delivery System functionality. The pocket pump utilizes discrete pressure compensation, drawing the energy for insulin delivery from pressure created when insulin is loaded into the disposable Spring Exclusive infusion set and its spring mechanism is compressed. This ingenious mechanism, backed by the Total Line Control(TM) (TLC) safety check system, enables failsafe operation and exceptional reliability for continuously controlled and monitored insulin delivery.

Intellispring(TM) utilizes spring energy as the driving force for insulin delivery. The elimination of motor and gear train results in performance and cost advantages, increased service lifetime and reliability, and substantial weight reduction and size miniaturization. Other key innovative features of the Spring Zone insulin pump include superior blockage and detachment detection, environmental (pressure and temperature) adaptability and continuous insulin dose delivery check.

Spring Hybrid Patch Pump(i)

The innovative Intellispring(TM) technology that has been implemented in D. Medical's Traditional ADI Insulin Pump system has now been transformed into the world's first ever "hybrid" continuous insulin delivery system. It is hybrid because it can be worn either as a patch pump or a traditional, durable insulin pump.

"Our new Spring Hybrid Patch pump is revolutionary in a number of ways," said Hezkiah Tsoory, D. Medical's Chief Operating Officer. "Among the inherent technology features are the smallest increments in insulin therapy, the alert at any possible blockage event and the unique air bubble detection system. Going beyond that, this new product provides the user with the greatest lifestyle flexibility by allowing an alternative between having tube-free insulin delivery on a skin-patch, or using it as the smallest available traditional insulin pump. The flexibility of this IPX 8 water-tight device goes even further. Our pump can be used with or without a dedicated remote management tool. The remote unit also serves as a blood glucose meter. Finally, the Spring Hybrid Patch Pump offers a brand new industry level of environmental friendliness. The device is comprised of a multiple-use, long-lasting control element that clasps on a single-use drug reservoir. No electronic elements, soldering material or batteries are being disposed of; the only waste consists of a tiny plastic cartridge. This energy-saving, motorless system may run for about thirty days on a standard AAA battery."

(i) D. Medical's Spring Zone Insulin Delivery System and its Spring Hybrid Patch Pump are not approved for sale in the United States.

2011年6月20日星期一

Clean River Project moving from Methuen to Haverhill for cleanup

After hauling 17 tons of debris and brush out of the Merrimack River over the last couple of months — not to mention 700,000 wayward plastic disks from a Hooksett, N.H., sewer treatment plant — it is time to move on, says Rocky Morrison.

The founder and president of Methuen-based Clean River Project Environmental Patrol said that while the group will continue collecting debris and the occasional sewer disks, the bulk of his non-profit operation will be moving downstream to Haverhill to start a project that began last fall of cleaning up the riverbank there.

Morrison, with the help of other volunteers and a host of corporate and municipal partners, over the weekend began moving storage containers, equipment and floating booms used to catch debris, from the makeshift headquarters behind Hughes Motors on Riverside Drive in Methuen to the Crescent Yacht Club in Haverhill.

If the work in Haverhill is as successful as the work along the Methuen stretch of the river, the riverbanks below Lawrence should start looking pretty pristine before too long.

Last week, Morrison spent a few hours on the river in Methuen, working with one of his volunteers who operated the SS Jenny Jones pontoon boat to corral the floating booms along the edge of the river. The booms encircled a tangle of garbage and debris — mostly tree branches and tree trunks — that had been collected in recent weeks.

"We had 12 booms in place at various locations on the river," said Morrison, as two employees from Enpro Environmental stood knee-deep in the river, hauling out debris and putting it up onto land.

"It's amazing what we collect," he said. "We find dead animals, hypodermic needles, appliances, and huge logs. We pull everything out of here."

As if on cue, he pointed to a dead turtle resting upside down on a piece of wood. A red cooler bobbed nearby. Bottles — both plastic and glass — floated amid the mess, as did huge pieces of Styrofoam.

Morrison said he has been working with the city of Methuen, and Enpro, which has a contract with Hooksett to remove the disks, on clearing the river since the disks first started showing up in March. Millions of them washed out of a defective sewer treatment plant and floated down the river and out to sea. They have been found up and down the Atlantic seaboard, as well as along the river from New Hampshire to Newburyport.

While Enpro is collecting the disks, Morrison's group collects everything else, placing it in Dumpsters or enormous piles for removal by Casella Waste Systems of Salem, N.H. The wood collected by the booms is sorted by size and given away as firewood once it's dry, Morrison said.

"Everything is separated and recycled," Morrison said, after he drove the Bobcat he uses in his construction business into the river and pulled out an enormous tree trunk — probably 20 feet in circumference.

He said his group has once again partnered with Casella as well as with Team Haverhill and Windfield Alloy Inc., for the riverbank cleanup in Bradford and Haverhill. He said he would leave two booms in the Methuen stretch of the river to continue collecting the disks, along with one of the group's four pontoon boats. But that the rest of booms, and everything else — including the three more pontoon boats — are being moved to Haverhill.

Casella Assistant General Manager John Augusta said his company began working with Morrison in Methuen and will continue working in Haverhill.

"We are supplying the rolloff containers and the trucking for free as a donation," he said. "We decided to give the community a hand. We'll be moving on to Haverhill with Rocky."

Morrison said that Team Haverhill offered $10,000 to hire his group to spearhead the cleanup.

"We'll be in Haverhill all summer," he said, "taking out trees, refrigerators, appliances and other stuff stuck in the mud and along the edge of the river."

The city of Haverhill will be taking the trash and appliances, much like the city of Methuen did.

"If we didn't have support from Methuen, we couldn't do this," he said. "In this business, you need to create partnerships."

Eric Karlstad, vice chairman of Team Haverhill, said his group thought it was important to clean the river after last summer's drought created low water in the river, which exposed tons of debris along the edge.

"Team Haverhill made a donation last year to ensure we had Rocky's group and all his volunteers to help doing the cleanup," Karlstad said. "He knows what he's doing. We have a lot of confidence in him."

Ogdensburg woman cited on drug charges, Massena man charged with pot possession

An Ogdensburg woman was cited on several drug-related charges and a Massena man was charged with pot possession in separate incidents on Saturday, according to state police.

Brandee J. Arquiette, 34, 511 Elizabeth St., Ogdensburg, was charged on an arrest warrant with possession of a hypodermic instrument, seventh degree criminal possession of a controlled substance and controlled substance in non-original container at 9 a.m. in connection with an incident in Oswegatchie reported on June 8.

Police said was in possession of 90 pills of Clonazepam in a plastic bag and a hypodermic needle. She was released under the supervision of the county Probation Department and is to face the charges in Oswegatchie Town Court on July 20, police said.

Wesley S. Bovay, 32, Massena, was charged at 9 p.m. with unlawful possession of marijuana on County Route 37 in Massena.

2011年6月15日星期三

Two Arrested After Allegedly Found With Heroin in Vehicle

After police allegedly found a number of hypodermic needles, a small quantity of heroin and drug paraphernalia in the vehicle of a Newtown woman, she, along with her 25-year-old passenger were arrested on drug charges in Butler Monday.

Ashley N. Labar, 20, of Newtown, the driver of the vehicle, was charged with possession of heroin, unlawful possession of a hypodermic syringe, failure to maintain a lane, possession of a controlled dangerous substance in a motor vehicle and issued a violation for improper installation of a rear view mirror. The passenger of the vehicle, Henry R. Fedder, 25, of Franklin, was charged with possession of heroin, unlawful possession of a hypodermic syringe and failure to wear a seatbelt.

Police said they stopped the vehicle near the intersection of Boonton Avenue and Route 23 North after they allegedly noticed the driver driving erratically and the passenger not wearing a seatbelt. Police said Ptl. Jarred Schmiedhauser noticed the passenger allegedly moving as if they were attempting to hide something while speaking to Labar.

Upon further investigation, police said they allegedly noticed the hypodermic needles.

Both were arrested and transported to the Butler police station. Bail was set at $10,000 for both with a 10 percent option, although police said neither were able to post bail and were transported to the Morris County Correctional Facility. The Butler Police Department was also assisted by the Kinnelon Police Department in the arrest.

Affordable Acupuncture opens its doors in Norwalk, CT

Affordable Acupuncture of CT has relocated after its successful first year in Stamford to Norwalk at 152 East Ave. Founded by Jody Eisemann, Licensed Acupuncturist and former president of the Connecticut Society of Acupuncture and Oriental Medicine (CSAOM), the clinic is the first of its’ kind in Fairfield County to offer acupuncture at an affordable price. Eisemann says the key to making it affordable is treating patients all together in a group setting, as it’s done traditionally around the world, which allows many more people to take advantage of this highly effective and ancient healing art.

“It’s actually been a dream for a long time,” says Eisemann. “I am very interested in the community acupuncture movement, which aims to make acupuncture available and at an affordable price to anyone.”

At her new location Eisemann is able to treat up to 3-4 people at one sitting, providing each with a full acupuncture diagnosis and treatment. She is able to treat an additional 4 to 6 people with Acu-Balance Auricular (ear) Acupuncture, a simple yet powerful treatment for stress, depression and other mood disorders. Acu-Balance treatments are inexpensive and do not require any diagnosis or intake interview as the same five points are always used.

With over 15 years of expertise successfully treating varied health conditions in her private practice in Fairfield, Eisemann has developed a special focus on quick and effective treatments for all types of pain. She notes that in China, in addition to treating specific medical conditions, most people visit the acupuncturist regularly to improve and maintain their overall well-being and as a preventative health measure.

Affordable Acupuncture of CT’s reasonable rates for acupuncture, both full treatment and just the ears, allow patients to come as often as they need to get well and stay well.

Through her clinic Eisemann hopes to reach out to anyone who has been told there is no solution, or they should learn to live with it, or assist those individuals who want an alternative to taking pharmaceuticals and/or surgery.

Acupuncture is recognized by the World Health Organization (WHO) and the National Institutes of Health (NIH) as an effective treatment for nearly four dozen conditions including acute and chronic conditions, stress and emotional disorders, women’s health issues (menopause, PMS, irregular menses, infertility, etc), digestive issues, post chemotherapy and radiation issues and sports injuries. Acupuncture can also provide remedial and preventative care for seasonal colds and allergies.

Eisemann explains that, unfortunately, many people have unfounded misconceptions about acupuncture, which prevent them from experiencing the medicine’s many proven benefits.

“Do the needles hurt?” she says. “Not really. The needles are like flexible cat whiskers and their ends are rounded and not sharp.” She adds that acupuncture needles are so fine you can fit almost 25 of them into one regular hypodermic needle. This is because the acupuncture needles are intended to stimulate, not to cut, as the hypodermic needles are designed to do.

2011年6月12日星期日

Police Blotter for the week of June 12

James Wheeler, 52, Colvin Boulevard, Tonawanda, was arrested on a warrant for aggravated unlicensed operation of a vehicle at 3:41 a.m., Wednesday, June 1.

He was held for court.

Multiple charges

Thomas H. Jablonski, 33, Gibson Street, Tonawanda, was arrested for endangering the welfare of a child and assault during a domestic disturbance on Gibson Street at 8:12 a.m., Wednesday, June 1.

He was held for court.

Surrendered on warrant

John F. Glosser III, 48, East Hill Street, Tonawanda, surrendered on a warrant at 9:45 a.m., Wednesday, June 1 for menacing, unlawful imprisonment and harassment.

The charges came from an incident that occurred on Wednesday, May 11. He was held for court.


June 2

Petit larceny

Steven M. Wheeler, 28, Schenck Road, Lewiston, was arrested at 12:53 a.m., Thursday, June 2 on a warrant for petit larceny. He was held for court.

Arrested on warrant

Adam J. Neubauer, 21, of Burnett Road, Tonawanda, was arrested at 2 p.m., Thursday, June 2 on a bench warrant for not showing up in court. He was held for court.

Running from the law

Issac L. McDonald, 27, of Michigan Avenue, Niagara Falls, was charged with resisting arrest, criminal trespassing and second-degree obstructing government administration at 4:27 p.m., Thursday, June 2. Police say he fled a home, ran through a series of back yards and continued on foot over a railroad bridge into North Tonawanda. McDonald fled after police in Tonawanda attempted to serve him with three separate warrants from Niagara Falls.

He was held on $5,000 bail.


June 3

DWI

Nicholas A. Cusenz, 20, of Bel Air Court, Amherst, was arrested at 4:34 a.m., Friday, June 3 for driving while intoxicated, failure to keep right and driving the wrong way on Elmwood Park South.

When officers pulled him over they could detect intoxication and asked Cusenz if he  had been drinking. He replied that he had not. He failed several field sobriety tests and had a BAC of .16. He was held for court.

AUO

Todd A. Gailie Jr., 20, Ridge Road, Gasport, surrendered on a warrant for aggravated unlicensed operation of a motor vehicle at 10:03 a.m., Friday, June 3. All fines were paid.


June 4

Multiple charges

Adrian M. Paisley II, 34, Brookside Terrace, Tonawanda, was charged with second-degree harassment and third-degree menacing following a domestic dispute at 6:34 a.m., Saturday, June 4.

Police said Paisley was involved in an argument and threatened to blow up the victim’s home with a propane tank. He was held for court.

Multiple charges

David J. Airth, 21, Fletcher Street, Tonawanda, was arrested for petit larceny, possession of a hypodermic needle, disruption of governmental administration, harassment and disorderly conduct at 3:37 p.m., Saturday, June 4. Police were called to a house on Fletcher Street after a complaint came in that a television was stolen and sold without permission.

When officers were searching Airth, they found 10 hypodermic needles in his possession and then the officers began to read Airth his rights.

At that point he became upset and began swearing and spitting at the officers. He was held for court.

Multiple charges

Kayla Porter, 20, Calvin Court, Tonawanda, was arrested for criminal contempt and harassment in the second degree at 7:04 p.m., Saturday, June 4.

She was held on $250 bail.


June 5

DWI charges

Matthew Leo, 26, Ralph Court, Niagara Falls, was arrested for driving while intoxicated, passing a red light and driving on the shoulder at 1:20 a.m., Sunday, June 5. He refused to take a breath test and was held on $250 bail.

Leaving the scene

David B. Liest, 50, Hill Street, Tonawanda, was charged with leaving the scene of an accident. He alledgedly struck a pedestrian at a local convenient store on Broad Street at 3:34 p.m., Sunday, June 5.

He was released on a summons.


June 6

DWI charges

Imad H. Abdellafif, 34, 2 Mile Creek Road, Tonawanda, was arrested for driving while intoxicated, aggravated unlicensed operation of a motor vehicle, driving left of pavement markings, driving without a rear or front bumper and refusing to take a breath test at 12:37 a.m., Monday, June 6.

Officers noticed Abdellafif weaving on Niagara Street, they also noticed that his car did not have rear or front bumpers.

When officers pulled him over they could detect intoxication.

When officers asked him for what time it was, he stated that it was 9:30 p.m., when it was in fact 12:30 a.m.

Abdellafif’s DWI was listed as a felony, because he has a previous conviction from August 2001.

Man arrested; reportedly had assault rifle

Members of the FBI Violent Crimes Task Force arrested a man after he was reported walking the street with an assault rifle.

Task-force members on patrol for the city’s V Grip program went to Erie Street and Myrtle Avenue at 10:38 p.m. Friday to check on reports that a man identified as Christopher Shiflett, 22, of 1038 Erie St. was walking the street in a black ski mask with the rifle, police reported.

They surrounded his house and the neighborhood, then asked a woman who answered the door to let them search the house.

The woman, Nicole Brumert, 23, refused and denied Shiflett was there.

Neighbors told police they saw Shiflett walk south on Erie with the rifle in a “ready” position.

Police called on a loudspeaker for him to come out, and they made Brumert, who was holding a baby, leave the doorway. The homeowner, Arnold Shiflett, came home meanwhile and told police they could search the house.

Using mirrors through a hole in a bathroom closet ceiling, police saw the assault rifle and then Shiflett, in the attic. When he wouldn’t surrender, they broke holes in the ceiling with a pry bar, got him and arrested him.

He was charged with outstanding warrants from Youngstown, Struthers and Kent; resisting arrest; possession of criminal tools; disorderly conduct; and drug abuse instruments when he was found trying to hide a hypodermic needle under the seat in the police cruiser, a police report says.

Brumert was also arrested and charged with obstructing justice. They were taken to the Mahoning County jail.

2011年6月8日星期三

Schrammie: Fly the Gay Pride flag, Space Needle

When you struggle for recognition, acceptance and justice, being denied and ignored really hurts.

So if the shareholders in the Space Needle Corporation would ride that bronze elevator back to Earth, I’d like them to come on down.

The Space Needle folks say they will not fly a Gay Pride flag at the top of the 605-foot symbol of the city. Having raised the rainbow symbol during last year's gay pride festivities, the Needle's rationale is that doing so again would go against a suddenly discovered policy to not make a habit of flying flags on a recurring basis.

In the way of a mea culpa, the Needle promises to work with the gay community on a major fundraiser.

A generous gesture to be sure, but one that fails to sends the strong public message that flying the Gay Pride flag would send: We are a diverse city that accepts everyone.

Gay rights activists have noted that flying the pride flag from the top of the Needle last year offered a powerful symbol of hope. They could use a little more of the same again this year.

Nothing says Seattle like the Space Needle. What a powerful, positive message to send by having the gay pride flag flutter from there.

If not, take a bow space needle folk, because this “Schrammie” is for you.

Man Found Passed Out Behind Wheel with Needle

Southampton Village police arrest reports from May 31 to June 7:

Driving While Ability Impaired by Drugs

Salvatore J. Palagonia, 23, of East Quogue was arrested Thursday at 12:35 a.m. and charged with driving while ability impaired by drugs, criminal possession of a controlled substance in the seventh degree, criminally possessing a hypodermic instrument, and unlawfully dealing with fireworks, all misdemeanors. Police said he was found passed out behind the wheel of his car on Hillcrest Avenue.

DWI

Timothy C. O’Sullivan, 33, of Southampton was arrested June 1 at 2:20 a.m. and charged with aggravated driving while intoxicated, a misdemeanor.

Fraud

Carlos W. Bernard, 49, of Southampton was arrested May 31 at 5:35 p.m. on an outstanding warrant out of New York City for a charge of fraud, according to police. He was turned over to the New York Police Department.

2011年6月6日星期一

Space Needle record holder says daily trips ‘saved my life’

Timothy Clemans knows just about everyone at the Space Needle.

"Hi, Solomon," he said to a ticket-taker stationed near the elevator.

He greeted the operator as the doors slid shut: "Hey, Josh. How are you?"

Another day, another elevator ride.

Clemans, a Burien resident, has been coming to the Space Needle daily since February. He's racked up more than 100 visits -- 106 as of Monday evening. That makes Clemans the record holder for most consecutive visits to the Seattle landmark. Granted, the record didn't officially exist before Clemans started showing up every morning.

But Space Needle staff will tell you: It exists now. (One staffer recalls a 60-day streak by another patron, but it's not documented.)

"My game plan is to be here every day when it opens," Clemans said late last week as he prepared to ascend 520 feet to the observation deck.

Once there, he made his rounds. If he saw a tourist with a camera, he offered to take a photo for them. If someone spotted his "record holder" jacket and stopped to chat, he answered questions.

The most common question? "Why are you doing this?" That's a complicated question for Clemans. He says his daily ritual helps ease his mind. The 20-year-old struggles with depression. Goals, he explained, give him a sense of stability and purpose.

And since he started coming to the Space Needle every day, he feels better.

"This is a very special place for me," he said.

Before he started working an afternoon job, he'd spend long hours at the Space Needle, usually reading or working on his computer.

"I tell people it's the best office in town," he said.

He opened his backpack to reveal what he brings on his daily trip to the top of the city. There's lunch, a toothbrush and toothpaste and a few books -- including Bill Hybels' "Who You Are When No One's Looking."

Building character has been a theme of his daily Space Needle visits.

"I think it's really a starting point," he said.

Shyness has always been a problem for Clemans: "And now I talk to people from all over the world."

Space Needle staffers are used to seeing him every day -- and senior operations manager Steve Bragalone said he gets why Clemans keeps  coming.

"I think it's fantastic for everyone to set a goal for himself," he said.

That goal is a lot higher than you might think. Ultimately, Clemans wants to visit the world's best observation towers.

First, he plans on making an appearance at the Space Needle every day for five years -- that's 1,825 days, by his count.

In the five-center study to be published in Gastrointestinal Endoscopy

“…Performing an EUS-guided biopsy with the new histology needle was feasible and safe for histopathology diagnosis of intraintestinal and extraintestinal mass lesions in this consecutive series of patients,” said the study in its conclusion. “It offers the possibility of obtaining a core sample for histological evaluation in the majority of cases, with an overall diagnostic accuracy of over 85 percent.”

Dr. Julio Iglesias-Garcia, the lead investigator of the study and associate faculty member at the University Hospital of Santiago de Compostela, Spain, Gastroenterology department said, “the 19-gauge EchoTip ProCore needle by Cook Medical improves what is already an incredibly valuable diagnostic tool. The needle allows pathologists to sample a variety of lesions without compromising diagnostic accuracy, which could lead to earlier detection of GI malignancies.”

EUS is an established procedure for diagnosing GI cancers and determining the stage of their development. Most often, a very fine needle is used—but fine-needle aspiration (FNA) can have limited yield and sensitivity for certain kinds of tumors or in some anatomical locations and only procures a cytological sample.

The EchoTip ProCore needles circumvent this limitation by obtaining intact tissue samples2, allowing for a histological diagnosis rather than conventional cytological diagnosis based on individual cells. In addition to this advantage, the needles are designed to access difficult-to-reach tissue in areas of the GI tract such as the pancreatic head.

In the five-center study to be published in Gastrointestinal Endoscopy, the 19-gauge EchoTip ProCore retrieved adequate histological tissue samples in 89.5 percent of cases, and subsequent diagnosis proved accurate in more than 85 percent of total cases. The overall accuracy for detecting malignancy in EchoTip ProCore samples was greater than 92 percent. Moreover, 78 percent of the samples were collected with just one pass of the needle; in FNA, the recommended number of passes can be as high as seven. Researchers studied 109 patients with 114 intestinal lesions and/or peri-intestinal lymph nodes.

“Cook Medical’s EchoTip Ultra® line of needles are the world’s leading endoscopic ultrasound needles and are widely used for obtaining cytological and histological samples by EUS,” said Barry Slowey, global business unit leader for Cook Medical’s Endoscopy division, the industry’s only full-line supplier of endoscopic devices. “We’re proud to advance the technology in obtaining histological yields with the new EchoTip ProCore and further aid physicians in the early diagnosis and treatment of GI disorders.”

2011年6月1日星期三

Haverford Police report June 1st

Police said a 56-year-old Haverford man was arrested and charged with unlawful restraint, simple assault, recklessly endangering another person, terroristic threats and harassment after police were sent to the residence, 2:16 p.m., May 21, for a report of child abuse.

According to the report, a witness said they saw a man beat a child with a belt, then force him into the residence. When police arrived, they heard a child saying “help me.” The man came out of the residence with a belt wrapped around his hand and stated he was allowed to hit his son. Police saw large red marks on the child’s legs and back.

Fight

Police were sent to Cantina Diablos in the 2300 block of Haverford Road, 10:23 p.m., May 19, for a report of a fight.

According to the report, the complainant said he was assaulted in the restroom by two men, who fled the scene. The complainant refused medical treatment for his injuries.

Weapons possession

Police said a petition to Juvenile Court was filed charging a 10-year-old boy with possession of weapons on school property after an incident, 11:05 a.m., May 6, at Manoa Elementary School in the 200 block of Manoa Road.

Theft, possession

Police said an 18-year-old Bryn Mawr man was arrested, 5:27 p.m., May 14, and charged with dealing in proceeds, theft by unlawful taking, receiving stolen property, tampering with evidence, deceptive business practices, recklessly endangering another person, possession of a controlled substance and possession of drug paraphernalia.

According to the report, police were sent to the 2800 block of Haverford Road, 8:48 a.m., May 13, for a medical emergency. When they arrived, they found an unconscious female laying in bed. A witness said the female’s boyfriend, gave the female heroin then fled the scene when she became ill.

DUI, trespassing

Police said a 53-year-old Ardmore man was arrested and charged with driving under the influence, burglary, criminal trespass, harassment and terroristic threats after police were sent to the 100 block of Wood Lane, 9:25 p.m., May 15, for a report of someone breaking the front window and entering the residence.

Cops arrest 2 in Green Brook heroin bust

Investigators arrested two men Tuesday and seized $260 worth of heroin packaged under the name “Never say Never” during a traffic stop on Route 22, authorities said.

James Olson Jr., 30, of Bound Brook and Jeffrey Moklak, 33, of Bridgewater are each charged with possession of heroin, Somerset County Prosecutor Geoffrey D. Soriano said.

Detectives were conducting surveillance in the Bound Brook area around 6:55 p.m. Tuesday when they watched Olson and Moklak drive to a known narcotics area in Newark, Soriano said. The men allegedly then parked the Mitsubishi Eclipse near Irvine Turner Boulevard, sat there for a short period of time and then began to travel back toward Bound Brook.

The investigators conducted a motor vehicle stop of the car on Route 22 in Green Brook, the prosecutor said. Both were removed from the car, arrested and advised of the drug investigation.

Olson gave the detectives consent to search the car where they found10 bags of heroin marked “Never say Never” and two hypodermic syringes, Soriano said in a news release. A subsequent search of Moklak allegedly found three more bags of heroin with the same packaging.

The estimated street value of the heroin is $260, the news release said.

Olson and Moklak, who also were charged with possession of hypodermic needles, were lodged in the Somerset County Jail, Soriano said. Bail had not been set at that time.

Detectives from the Somerset County Prosecutor’s Office Organized Crime and Narcotics Task Force conducted the investigation with help from Green Brook police.