Worldwide shipments of personal computers fell 11 percent in the April-June period, according to data from research firms Gartner and IDC, as people continued to migrate to tablets and other mobile devices.
Gartner Inc. said Wednesday that the PC industry is now experiencing the longest decline in its history, as shipments dropped for the fifth consecutive quarter.
Computer makers shipped 76 million PCs in the April-June period, down from 85 million in the same three months of 2012, according to Gartner.
International Data Corp., which uses slightly different methodology, essentially came to the same conclusion, though it noted that the decline was slightly smaller than expected.
"With second quarter growth so close to forecast, we are still looking for some improvement in growth during the second half of the year," said Jay Chou, senior analyst at IDC, in a statement. "Slower growth in Europe and China reflect the risks, while the improved U.S. outlook reflects potential improvement."
Gartner's Mikako Kitagawa said inexpensive tablets are displacing low-end computers in "mature" markets such as the United States. In emerging markets like China, meanwhile "inexpensive tablets have become the first computing device for many people, who at best are deferring the purchase of a PC. This is also accounting for the collapse of the mini notebook market," she added.
IDC said the numbers "reflect a market that is still struggling with the transition to touch-based systems running Windows 8." Microsoft Corp.'s latest operating system launched in October, and sales have disappointed analysts. But Kitagawa said that while "Windows 8 has been blamed by some as the reason for the PC market's decline, we believe this is unfounded as it does not explain the sustained decline in PC shipments."
Lenovo was the No. 1 PC maker, beating out rival Hewlett-Packard Co. by a narrow margin, according to both firms.
Explore further: Lenovo overtakes HP as biggest PC maker
United States' Chris Wondolowski wears a jersey with his name misspelled during the first half of their CONCACAF Gold Cup soccer game against Belize in Portland, Ore., Tuesday, July 9, 2013. Wondolowski changed to a properly spelled jersey for the second half of the game they won 6-1.(AP Photo/Don Ryan)
United States' Chris Wondolowski wears a jersey with his name misspelled during the first half of their CONCACAF Gold Cup soccer game against Belize in Portland, Ore., Tuesday, July 9, 2013. Wondolowski changed to a properly spelled jersey for the second half of the game they won 6-1.(AP Photo/Don Ryan)
Belize's Elroy Smith, right, and United States' Chris Wondolowski chase down the ball during the first half of their CONCACAF Gold Cup soccer game in Portland, Oregon Tuesday, July 9, 2013.(AP Photo/Don Ryan)
Belize fans cheer during the first half of their CONCACAF Gold Cup soccer game against the United States in Portland, Oregon Tuesday, July 9, 2013.(AP Photo/Don Ryan)
United States' Jose Torres, right, and Belize's Daniel Jimenez vie for the ball during the first half of a CONCACAF Gold Cup soccer game in Portland, Ore., Tuesday, July 9, 2013. (AP Photo/Don Ryan)
United States fans cheer during the first half of a CONCACAF Gold Cup soccer match between the United States and Belize in Portland, Ore., Tuesday, July 9, 2013. (AP Photo/Don Ryan)
PORTLAND, Ore. (AP) ? Chris Wondolowski's misspelled jersey was about the only thing that was amiss for the U.S. men's soccer team.
The national team jumped on Belize with Wondolowski's first-half hat trick and cruised to a 6-1 victory to open the CONCAF Gold Cup tournament Tuesday night.
Landon Donovan had a goal and two assists, becoming the first national team player with at least 50 career goals and 50 assists.
But Wondolowski, who just had his first international goal last weekend, stole the show, sporting an extra "W'' ? "Wondowlowski" ? on his red and white jersey when he popped in his three goals against Belize.
Laughing about it afterward, he pondered whether he should wear it for the remainder of the tournament.
"I'm pretty superstitious, so we'll see what we can conjure up," he said.
Costa Rica defeated Cuba 3-0 in an earlier match at Jeld-Wen Field.
The 12-team Gold Cup is played every other year between national teams from North and Central America and the Caribbean. The Group C teams next meet on Saturday in Salt Lake City, with the U.S. facing Cuba followed by Belize against Costa Rica at Rio Tinto Stadium.
Wondolowski is the third American to score three goals in a Gold Cup match, joining Donovan and Brian McBride. The United States has won four Gold Cups since the tournament's inception in 1991. Mexico has won the past two.
"It's just great to get the start, especially in front of some great fans, and they provide such an atmosphere that makes it exciting and it makes you want to go out there and play," Wondolowski said.
The U.S. men were coming off a 6-0 rout of Guatemala in San Diego on Friday, an international friendly to warm up for the Gold Cup. Donovan scored twice, extending his American record to 51 international goals.
That was Donovan's first match after a five-month break from the national team. He was not included on rosters for the U.S. team's June World Cup qualifying matches.
Wondolowski scored his first international goal against Guatemala. Tuesday night's match was just his 11th with the national team.
"I think Wondo realizes, 'Every time I'm on the field, I have an opportunity, and I need to take advantage of it,'" U.S. coach Juergen Klinsmann said.
Belize was making its first Gold Cup appearance. The Jaguars, as they are known, qualified for the competition with a fourth-place finish in the UNCAF Copa Centroamericana.
The U.S. struck early when Wondolowski ? who plays for Major League Soccer's San Jose Earthquakes ? knocked in a rebound off Belize goalkeeper Shane Orio in the 12th minute.
The United States relentlessly peppered Orio with shots and he made a dramatic save when Joe Corona fired at him in the 27th minute. But Wondolowski was able to get another one past him in the 36th minute to make it 2-0.
Belize scored on a penalty kick two minutes later when Elroy Smith fed Ian Gaynair for the header to beat U.S. goalkeeper Nick Rimando.
But Belize, a team made up of a mix of amateur and professional players, lost steam after the goal, coach Andrew Mork said.
"It didn't last long enough," Mork said. "And that really turned the game around for us."
Wondolowski added a third goal in the 40th minute.
The United States took a 4-1 lead in the 58th minute when Stuart Holden scored with an assist from Donovan, giving him 50 for his career.
Donovan got another when he passed to Michael Orozco for a header in the 72nd minute to make it 5-0. He got a goal ? the 52nd of his career ? with a penalty kick in the 76th minute.
"The crowd was great, the energy was great, I thought we started really well," Donovan said. "A little disappointed to give up a goal, but I think it was a great night for us, a great night for the fans and a good start for the tournament."
After the round-robin phase, the winners and runners up from each group, and the two top third-place finishers, advance to the knockout round. The Gold Cup tournament concludes July 28th at Soldier Field in Chicago.
It was the first visit to Portland for the U.S. men's team since 1998. Attendance was announced at 18,724.
PORTLAND, Ore. ? The name on his back may have undermined his renown, ?Wondowlowski? erroneously ironed onto his jersey, but after 42 minutes on Tuesday at JELD-WEN Field, nobody was talking about the typo scrawled across his shoulders. Instead, the buzz around Chris Wondolowski centered on his second, third and fourth international goals, all scored before halftime, with the reigning Major League Soccer Most Valuable Player lifting the U.S. to a 6-1 win over Belize in their opening match of the 2013 Gold Cup.
Belize?s only goal came the 39th minute, with defender Ian Gaynair heading home a restart to briefly pull the underdogs within one. But building on Wondolowski?s third just before intermission, second half tallies from Stuart Holden, Michael Orozco, and Landon Donovan helped push the U.S. to the top of Group C, their goal difference giving them a tiebreaker advantage over Costa Rica.
The Ticos also sit on three points after winning the night?s opening match, getting two goals from midfielder Michael Barrantes en route to a 3-0 win over Cuba.
(MORE: U.S. player ratings from Tuesday?s win)
Belize, playing in their first major international competition, were expected to offer little resistance to one of the tournament favorites, so it was no surprise when the U.S. dominated play from the opening kick off. Forcing two corner kicks in the first 90 seconds and maintaining over 80 percent of the match?s possession over the first 10 minutes, the Americans quickly pushed their opponents deep into their own end. With the ball rarely in the U.S.?s half, ?the Americans appeared destined for a quick break through.
That break through came in 12th minute when left midfielder Jose Torres beat Belize right back Evan Mariano to get a far post cross in from the byline. There, Joe Corona out-jumped his man to head the cross down into the six, where the ball was left for Chris Wondolowski to open the scoring from close range.
(MORE: A few takeaways from the United States? win)
After another spell of U.S. control, Belize nearly equalized, a freak deflection of a Deon McCauley 24rd minute shot sending the ball looping toward Nick Rimando?s left post. The Real Salt Lake keeper leapt and got a hand to a ball that appeared destined to nail his post.
The U.S. had a number of chances to double their lead near the half hour mark, with Corona firing a ball into Woodrow West?s feet in the 32nd minute before Torres?s 36th minute half volley ?went over the bar from six yards out. One minute later, however, a cross from the right from Kyle Beckerman found Wondolowski in middle of the Belize area, his header powered past West to make it 2-0.
Four minutes later, the U.S. gave the goal back. A foul along Belize?s right flank by Landon Donovan gave up a set piece, one converted by a Ian Gaynair header after Elroy Smith found him unmarked just outside Nick Rimando?s six-yard box.
But it was only two minutes until the U.S. restored their lead, with Wondolowski completing his hat trick after diving onto a cross from Corona. Raising this international total to four goals in 13 caps, Wondolowski returned the U.S. to the two-goal lead they?d enjoyed for much of the half, sending his team into intermission up 3-1.
In the 58th minute, the U.S. padded their goal difference when Stu Holden, who had come on for Beckerman at halftime, finished from six yards out, recording his first international goal in four years. Off a far post cross from Corona, Donovan headed down for the still returning midfielder, whose third international goal marked the latest step in his comeback from repeated knee injuries.
For Donovan, it was his 50th international assist, reaching a plateau he passed in goals on Friday with his double against Guatemala. It wasn?t long, through, before the country?s all-time leading scorer added his second assist of the night, his restart from deep on the U.S.?s left flank swinging onto Orozco in the six-yard box, the defender heading home to put the U.S. up four.
In the 77th minute, Donovan added to his scoring record, scoring from the penalty spot after a Belize hand ball, registering his 52nd career goal.
The win leaves the U.S. even on points with Costa Rica at the top of Group C ahead of Sunday?s match with Cuba, but with goal difference being the tournament?s first group stage tiebreaker, the team?s +5 difference leaves the one spot above the Ticos, who beat Cuba by three in the night?s opener.
Most of us, at one time or another, have sent flirty texts to our love interest. Maybe even a naughty photo! But can you imagine sexting the wrong person? We’d want to crawl under a rock! Let’s check out some of these totally embarrassing texts that include sexting fails, funny auto-corrections, and naughty texts sent ...
Technologies for monitoring remaining leukemia after treatment may help predict patient outcomesPublic release date: 9-Jul-2013 [ | E-mail | Share ]
Contact: Amanda Szabo aszabo@hematology.org 202-552-4914 American Society of Hematology
(WASHINGTON, July 9, 2013) New evidence suggests that using advanced genetics technologies to monitor for remaining cancer cells after treatment may soon become an effective tool to inform treatment decisions and ultimately predict patient outcomes for patients with a particularly aggressive form of acute lymphocytic leukemia (ALL). Study results were published online today in Blood, the Journal of the American Society of Hematology (ASH).
Approximately 25 to 30 percent of all adults with ALL, the second most common type of acute leukemia, have what is known as Philadelphia chromosome-positive (Ph+) ALL, a rapidly progressing form of the disease caused by a genetic abnormality that is associated with a poor prognosis. Following their first complete remission, one of the most common preventive treatments Ph+ ALL patients undergo is an allogeneic stem cell transplant, in which a patient receives stem cells from a sibling or unrelated matched donor; however, this procedure can be associated with harsh side effects and may not be universally available. Some research conducted since the introduction and subsequent success of a new class of cancer drugs called tyrosine kinase inhibitors (TKIs), which target the abnormal, leukemia-causing protein BCR-ABL and have greatly improved survival rates, suggests that stem cell transplantation may not be necessary for some Ph+ ALL patients. However, clinicians lack a reliable method for predicting disease progression and determining whether a patient's disease is aggressive enough to warrant a stem cell transplant or if TKI therapy plus chemotherapy will likely eradicate the disease.
Despite the advent of these powerful, targeted cancer therapies, some cancer cells may linger in a patient's body following the primary course of treatment. However, data from several recent studies have suggested that monitoring the amount of this remaining cancer cell population, known as minimal residual disease (MRD), may be an effective indicator of a patient's risk of relapse. Consequently, clinicians have increasingly employed several highly sensitive monitoring tools to detect MRD, such as multi-parameter flow cytometry (MFC) and real-time quantitative polymerase chain reaction (RQ-PCR), that search for genetic aberrations in a patient's blood and bone marrow that indicate the presence of cancerous cells. Although this method has proved effective for several other types of leukemia, the reliability of these tools specific to Ph+ ALL is not yet fully understood.
"The arrival of tyrosine kinase inhibitors has marked the beginning of an exciting era in which we can begin considering alternative preventive cancer treatments and look to spare patients from the risk of toxicities that often accompany stem cell transplants," said lead study author Farhad Ravandi, MD, of The University of Texas MD Anderson Cancer Center in Houston. "Now that we know that these drugs are effective, we can take the next step and focus on studying lingering disease in Ph+ ALL patients to guide more effective treatments and ultimately predict and manage possible relapse."
To better understand how technology that tracks indicators of MRD could potentially predict Ph+ ALL patients' survival and inform treatment decisions, Dr. Ravandi and a team of MD Anderson researchers conducted a decade-long study to monitor whether a negative MRD reading was associated with prolonged survival. Between 2001 and 2011, Dr. Ravandi's team monitored 76 adult patients (average of 54 years old) with Ph+ ALL who had achieved complete remission after a treatment regimen including at least one course of induction chemotherapy plus a TKI followed by treatment with a TKI (either dasatinib or imatinib) and chemotherapy, and two years of TKI maintence therapy. All study participants began with fewer than 5 percent cancer cells in their body and none had undergone stem cell transplant, nor were they at an otherwise hightened risk of relapse. Utilizing MFC and RQ-PCR technologies, investigators monitored patients for MRD after first remission and every three months thereafter.
Results from the investigation suggested that when used together, MFC and RQ-PCR monitoring technologies were effective in predicting the majority of disease progression and patient outcomes in this population. Among 44 patients who showed evidence of MRD in the first year of follow-up (either by MFC or RQ-PCR results), 13 relapsed, including 9 of 22 of the highest risk patients who showed positive MFC at three months and beyond. Thirteen of 54 patients who maintained negative MRD from three months and beyond had relapsed.
While the MRD readings observed by Dr. Ravandi and his team did not accurately predict all patient outcomes in the study population, researchers note that these results indicate that the combination of MFC and RQ-PCR technologies represents a valuable prognostic tool to measure the likelihood of a patient relapse. However, researchers caution that it is too early to integrate the use of these technologies into treatment guidelines regarding the neccessity of stem cell transplant for Ph+ ALL patients.
"While our results aligned with our observed outcome in this study and the MFC and RQ-PCR technologies are very sensitive, these tools do not yet provide absolute results. We advise that each treatment decision be made on a patient-to-patient basis to take into account each patient's different genetics," said Dr. Ravandi. "The next step is to refine and standardize our approach to better define which patients are truly disease-free and who should be recommended for more aggressive treatment."
###
Blood (http://www.bloodjournal.org), the most cited peer-reviewed publication in the field of hematology, is available weekly in print and online.
Blood is the official journal of the American Society of Hematology (ASH) (http://www.hematology.org), the world's largest professional society concerned with the causes and treatment of blood disorders.
ASH's mission is to further the understanding, diagnosis, treatment, and prevention of disorders affecting blood, bone marrow, and the immunologic, hemostatic, and vascular systems by promoting research, clinical care, education, training, and advocacy in hematology.
blood is a registered trademark of the American Society of Hematology.
[ | E-mail | Share ]
?
AAAS and EurekAlert! are not responsible for the accuracy of news releases posted to EurekAlert! by contributing institutions or for the use of any information through the EurekAlert! system.
Technologies for monitoring remaining leukemia after treatment may help predict patient outcomesPublic release date: 9-Jul-2013 [ | E-mail | Share ]
Contact: Amanda Szabo aszabo@hematology.org 202-552-4914 American Society of Hematology
(WASHINGTON, July 9, 2013) New evidence suggests that using advanced genetics technologies to monitor for remaining cancer cells after treatment may soon become an effective tool to inform treatment decisions and ultimately predict patient outcomes for patients with a particularly aggressive form of acute lymphocytic leukemia (ALL). Study results were published online today in Blood, the Journal of the American Society of Hematology (ASH).
Approximately 25 to 30 percent of all adults with ALL, the second most common type of acute leukemia, have what is known as Philadelphia chromosome-positive (Ph+) ALL, a rapidly progressing form of the disease caused by a genetic abnormality that is associated with a poor prognosis. Following their first complete remission, one of the most common preventive treatments Ph+ ALL patients undergo is an allogeneic stem cell transplant, in which a patient receives stem cells from a sibling or unrelated matched donor; however, this procedure can be associated with harsh side effects and may not be universally available. Some research conducted since the introduction and subsequent success of a new class of cancer drugs called tyrosine kinase inhibitors (TKIs), which target the abnormal, leukemia-causing protein BCR-ABL and have greatly improved survival rates, suggests that stem cell transplantation may not be necessary for some Ph+ ALL patients. However, clinicians lack a reliable method for predicting disease progression and determining whether a patient's disease is aggressive enough to warrant a stem cell transplant or if TKI therapy plus chemotherapy will likely eradicate the disease.
Despite the advent of these powerful, targeted cancer therapies, some cancer cells may linger in a patient's body following the primary course of treatment. However, data from several recent studies have suggested that monitoring the amount of this remaining cancer cell population, known as minimal residual disease (MRD), may be an effective indicator of a patient's risk of relapse. Consequently, clinicians have increasingly employed several highly sensitive monitoring tools to detect MRD, such as multi-parameter flow cytometry (MFC) and real-time quantitative polymerase chain reaction (RQ-PCR), that search for genetic aberrations in a patient's blood and bone marrow that indicate the presence of cancerous cells. Although this method has proved effective for several other types of leukemia, the reliability of these tools specific to Ph+ ALL is not yet fully understood.
"The arrival of tyrosine kinase inhibitors has marked the beginning of an exciting era in which we can begin considering alternative preventive cancer treatments and look to spare patients from the risk of toxicities that often accompany stem cell transplants," said lead study author Farhad Ravandi, MD, of The University of Texas MD Anderson Cancer Center in Houston. "Now that we know that these drugs are effective, we can take the next step and focus on studying lingering disease in Ph+ ALL patients to guide more effective treatments and ultimately predict and manage possible relapse."
To better understand how technology that tracks indicators of MRD could potentially predict Ph+ ALL patients' survival and inform treatment decisions, Dr. Ravandi and a team of MD Anderson researchers conducted a decade-long study to monitor whether a negative MRD reading was associated with prolonged survival. Between 2001 and 2011, Dr. Ravandi's team monitored 76 adult patients (average of 54 years old) with Ph+ ALL who had achieved complete remission after a treatment regimen including at least one course of induction chemotherapy plus a TKI followed by treatment with a TKI (either dasatinib or imatinib) and chemotherapy, and two years of TKI maintence therapy. All study participants began with fewer than 5 percent cancer cells in their body and none had undergone stem cell transplant, nor were they at an otherwise hightened risk of relapse. Utilizing MFC and RQ-PCR technologies, investigators monitored patients for MRD after first remission and every three months thereafter.
Results from the investigation suggested that when used together, MFC and RQ-PCR monitoring technologies were effective in predicting the majority of disease progression and patient outcomes in this population. Among 44 patients who showed evidence of MRD in the first year of follow-up (either by MFC or RQ-PCR results), 13 relapsed, including 9 of 22 of the highest risk patients who showed positive MFC at three months and beyond. Thirteen of 54 patients who maintained negative MRD from three months and beyond had relapsed.
While the MRD readings observed by Dr. Ravandi and his team did not accurately predict all patient outcomes in the study population, researchers note that these results indicate that the combination of MFC and RQ-PCR technologies represents a valuable prognostic tool to measure the likelihood of a patient relapse. However, researchers caution that it is too early to integrate the use of these technologies into treatment guidelines regarding the neccessity of stem cell transplant for Ph+ ALL patients.
"While our results aligned with our observed outcome in this study and the MFC and RQ-PCR technologies are very sensitive, these tools do not yet provide absolute results. We advise that each treatment decision be made on a patient-to-patient basis to take into account each patient's different genetics," said Dr. Ravandi. "The next step is to refine and standardize our approach to better define which patients are truly disease-free and who should be recommended for more aggressive treatment."
###
Blood (http://www.bloodjournal.org), the most cited peer-reviewed publication in the field of hematology, is available weekly in print and online.
Blood is the official journal of the American Society of Hematology (ASH) (http://www.hematology.org), the world's largest professional society concerned with the causes and treatment of blood disorders.
ASH's mission is to further the understanding, diagnosis, treatment, and prevention of disorders affecting blood, bone marrow, and the immunologic, hemostatic, and vascular systems by promoting research, clinical care, education, training, and advocacy in hematology.
blood is a registered trademark of the American Society of Hematology.
[ | E-mail | Share ]
?
AAAS and EurekAlert! are not responsible for the accuracy of news releases posted to EurekAlert! by contributing institutions or for the use of any information through the EurekAlert! system.
Last week a state trial judge unsealed a record showing falsified testimony by a New York orthopedist who conducts up to 1,000 medical-legal exams each year. ?Queens Supreme Court Justice Duane Hart unsealed the April 12, 2013 testimony of Dr. Michael J. Katz as he pondered a referral to the District Attorney for perjury over ?a huge lie? concerning so-called ?Independent Medical Exams.?
Dr. Katz, an orthopedist frequently hired by insurance companies to defend personal injury cases ? who has testified that he may make over a million dollars a year just from his medical-legal practice ? had testified in the recent case that he likely spent 10-20 minutes on his examination of the plaintiff. A surreptitiously made video, however, revealed that he spent a mere one minute and 56 seconds on the exam and could not have made all the findings he testified about within that short time.
The underlying labor law case concerns a severe ankle fracture that resulted in a fusion of the joint as well as a shoulder injury that required surgery, suffered when?Manuel Bermejo?fell from a Bakers Scaffold. The court indicated that there was potential for a verdict of ?several million dollars? based on the injuries.
The transcripts in Bermejo v Amsterdam that we obtained over the July 4th break detail Justice Hart?s concerns not merely with the fact that Dr. Katz was dishonest regarding the estimated length of the actual exam, but that the substance of what he testified to could not be true. Justice Hart said, ?He testified as to findings that he obviously could not have had in a minute and 56 seconds.?
These medical exams are often critical to the defense of ?personal injury cases, and are also used by insurance companies to ?evaluate? whether they should continue to pay No-Fault or Workers Compensation benefits. The reason the exams are often problematic is that the insurance carriers have a vested interest in limiting payments and only retaining doctors that give them favorable reports, and there is no stenographer to record what transpires. Quickie exams that serve only to deny benefits to the injured are a constant problem.
But this case had actual evidence in the form of a secretly made video recording. It shows Dr. Katz examining Mr. Bermejo as plaintiff?s trial counsel, who recorded it, ?and a paralegal-translator looked on. This was the second exam that Dr. Katz had done of Mr. Bermjo, as he had undergone shoulder surgery after the first examination.
Plaintiff?s counsel was moved to record this second exam, according to court transcripts, because he believed that Dr. Katz had been dishonest in his report of what transpired at the first one. The initial exam, Dr. Katz claimed, lated 45 minutes and he also claimed that plaintiff?s counsel impeded it. (The paralegal that was present took the stand and sharply disputed both points.) When the time came for the second exam, plaintiff?s counsel secretly recorded it to protect himself from any possible complaints or accusations from the doctor.
This secret recording was not exchanged during the litigation, as plaintiff?s counsel said there was no requirement to do so since Dr. Katz was a non-party, and the only potential use of the video was if Dr. Katz perjured himself. When Dr. Katz offered testimony at trial that was completely inconsistent with the actual events, the evidence was submitted to the court. As a result of this video substantively contradicting the trial testimony, and concerned about a breach of the discovery rules and orders by the failure to disclose, Justice Hart declared a mistrial after 2-3 weeks of trial.
In a remarkable hearing before Justice Hart after the false testimony had been given, Dr. Katz?s criminal defense attorney stated that the perjury was the fault of the court because the court had demanded the doctor tell the truth in answering the question about how long such exams usually take. Justice Hart characterized this as ?the dumbest thing I ever heard? either inside the courtroom or out.
At a hearing July 1st to apportion responsibility for the cause of the mistrial, Justice Hart initially sanctioned the defense firms $10,000.00 each, noting that ?It is?the carriers and Dr. Katz that I would love to sanction, but I can?t do that? as sanctions are restricted by the court rules to parties and their attorneys. Unhappy with that restriction, Justice Hart said, ?You can probably hear my teeth grinding.?
The court had also initially sanctioned plaintiff?s trial counsel $250 for not exchanging the video, which sanction was also withdrawn and plaintiff?s counsel absolved of fault for causing the mistrial. The judge derided Dr. Katz on his assertion that his first exam lasted 45 minutes, and said ?it would have been reasonable? to want such a recording. Justice Hart, who has served ?since 1981 as attorney, law secretary or judge, said regarding the alleged 45-minute claim by Dr. Katz, ?What universe does he live in? If I ever see a doctor do a 45-minute IME it will be the first time.?
All the attorney sanctions were vacated later in the hearing.
Justice Hart, in finding that it was the doctor?s false testimony that caused the mistrial, stated that while he had seen abuse of the system before, ?This is clearly the most blatant example of a doctor getting up there and just not telling the truth.? He also suggested that plaintiff?s counsel who had spent $40,000 on trying the case so far, should sue Dr. Katz for the expenses and legal fees caused by the mistrial.
Feeling handcuffed by the relatively few options available to him for a non-party witness that lies and causes a mistrial, and recognizing that there are others doing the same, Justice Hart asked the attorneys:
How do I stop carriers from putting people ?like Dr. Katz on the stand and causing the state to spend thousands and thousands of dollars trying a case and putting a lying witness on the stand? How do people like me, people in this building, people that wear black robes send a message to them that they cannot condone perjury?
Despite all the admonitions thus far from Justice Hart the matter remains open as Dr. Michael Katz is still conducting medical-legal examinations and has refused to retire from these activities.? Justice Hart had offered him the option of bowing out of the business and he declined. Thereafter the court ordered a full transcript, intending to send the matter to the Administrative Judge for a civil contempt hearing and send the matter to the District Attorney with a recommendation that they explore a perjury prosecution.
Regarding the fact that Dr. Katz was still doing these medical-legal exams on July 1st when this hearing took place, and recognizing that he had been caught lying back on April 12th, Justice Hart said:
It is like a wound that is festering. Every time he does another IME. When is it going to stop? He is making 7 figures a year doing IME?s. Then he comes to my part and lies.
Judge Hart did not mince words when he said that, aside from the effect of any potential criminal issues, that Dr. Katz?s career was essentially finished when it comes to his substantial medical-legal practice: ?Dr. Katz? future doing IME?s because he lied in this one will probably be finished.?
?It is that the tape shows that he didn?t do the tests that he spent a considerable period of time talking about that he did. That is the perjury. Yes, didn?t do the tests. It is not just me saying it. It is not just the plaintiff saying it. The defendants are saying it too. Does your client really think if the insurance industry or some of the insurance companies that hired him before when they find out that he lied, do you really think they are going near him??
The impending denouement of Dr. Michael Katz is all the more stunning since it comes fresh on the heels of his fellow New York orthopedist?Dr. Robert Israel being sanctioned?for his conduct in medical-legal exams. Dr. Israel had been doing up to 1,500 per year, but has now been barred from doing them for three years.
Together, Drs. Katz and Israel have no doubt sent New York?s insurance carriers frantically scrambling, as the two of them were responsible for thousands of insurance exams each year, the results of which are now all thrown into question. The scope and scale of insurance fraud being perpetrated ? by the insurance companies themselves ? could have resulted in hundreds of millions of dollars in payments being withheld. It remains unclear just how many New Yorkers have been fraudulently denied benefits based on quickie exams that were set up to deny benefits and minimize jury verdicts.
The scope of such an investigation of the insurance industry, it seems, could only be done by Attorney General Eric Schneiderman.
Last week?s hearing regarding Dr. Katz was adjourned until this afternoon (July 8th) at ?2:00 pm. It is unclear whether Dr. Katz will voluntarily agree to halt his lucrative medical-examination business ? though this now seems like a moot point now since the record regarding his false testimony has now been unsealed.
It?s worth adding that this is not the first time Dr. Katz was caught by a court with less than candid conduct that caused a mistrial. A year earlier while testifying in Brooklyn, Dr. Katz went outside the confines of his report to suddenly testify about a relationship between tinnitus and aspirin. Justice Francois Rivera, after making an inquiry, said that he was ?satisfied that this witness is less than forthcoming? about his decision to suddenly stray from his report to a new subject, and was concerned with Dr. Katz ?materially misleading the court.?
The legal fallout may result in any or all of the following:
Civil contempt of court;
Criminal perjury prosecution by the District Attorney;
Civil suits for causing this mistrial by any/all of the attorneys involved;
Civil suits based on fraud by past litigants saying they were also victimized by Dr. Katz;
Action against his license from the Department of Health-Bureau of Professional Medical Conduct;
Racketeering suits for conspiring with insurance companies to commit insurance fraud; and
Investigation by the Attorney General into the issue of insurance fraud perpetuated by the insurance industry.
These predictions regarding a wide-ranging insurance fraud scandal are backed up by Justice Hart, who repeatedly referenced the insurance carriers as being part of the problem:
I can blame the attorneys and the carrier who hired?him to do an IME on this case because they should have known what this guy was doing. They should have known. And again the?man is making literally millions of dollars doing IME?s. Now, he gets caught lying. There is no other way to put it. He lied. There is no other way to make it nice. He said the IME took between 10 to 20 minutes. It took a minute and 56 seconds.
The transcript of the proceedings is here:?July 1 Transcript
From what we?re watching unfold, this may be the tip of the iceberg. ?Stay tuned?
Update #1 (7/9/13):?Dr. Michael Katz?s License and Liberty Placed in Jeopardy Due to Lying Over Medical-Legal Exam
FILE - In this June 16, 2013 file photo, Kris Jenner arrives at the 40th Annual Daytime Emmy Awards, in Beverly Hills, Calif. Jenner will be joined by Joan Rivers, Kathie Lee Gifford and other co-hosts when her daily talk show, "Kris," launches July 15, 2013, on select Fox TV stations. (Photo by Richard Shotwell/Invision/AP, File)
FILE - In this June 16, 2013 file photo, Kris Jenner arrives at the 40th Annual Daytime Emmy Awards, in Beverly Hills, Calif. Jenner will be joined by Joan Rivers, Kathie Lee Gifford and other co-hosts when her daily talk show, "Kris," launches July 15, 2013, on select Fox TV stations. (Photo by Richard Shotwell/Invision/AP, File)
FILE - In this June 16, 2013 file photo, Kris Jenner arrives at the 40th Annual Daytime Emmy Awards, in Beverly Hills, Calif. Jenner will be joined by Joan Rivers, Kathie Lee Gifford and other co-hosts when her daily talk show, "Kris," launches July 15, 2013, on select Fox TV stations. (Photo by Richard Shotwell/Invision/AP, File)
LOS ANGELES (AP) ? Kris Jenner isn't going it alone on her new talk show: Joan Rivers and Sean "Diddy Combs" will be among the co-hosts sharing the stage with Jenner.
The show's producer said Monday that Jenner will be paired with a different co-host for each episode of the daytime show, titled "Kris."
Others in the lineup include Kathie Lee Gifford, Morris Chestnut, NeNe Leakes, Tom Bergeron and Ryan Seacrest, who produces "Keeping Up With the Kardashians," which features Jenner and other family members.
Khloe Kardashian-Odom, one of Jenner's daughters, also will be a "Kris" co-host.
The talk show gets a trial run starting next week on selected Fox stations.
There was no word from producer 20th Television on whether another Jenner daughter, new mom Kim Kardashian, will get a co-host slot.
Most of us, at one time or another, have sent flirty texts to our love interest. Maybe even a naughty photo! But can you imagine sexting the wrong person? We’d want to crawl under a rock! Let’s check out some of these totally embarrassing texts that include sexting fails, funny auto-corrections, and naughty texts sent ...![[ Back to EurekAlert! ]](https://lh3.googleusercontent.com/blogger_img_proxy/AEn0k_v6qQJt-B2u1kH7qKriq6otrSv_uvxVrSlYN2aO28zUTNftcZa6a9WnKAuVpLt--RA5WD9iJUcts9K5lzpjGUn0Ka2WnzH7EF7dvsjSzoA=s0-d){kind=small}
Public release date: 9-Jul-2013
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