Bits Blog: Study Finds Rise in Texting Even as Revenue Drops

A new report finds that certain activities that people do on a cellphone, like taking a picture and shooting video, have increased significantly in the last few years. Texting, in particular, has grown considerably — but not texting in the traditional sense.

The Pew Research Center published a study over the weekend that showed that the number of cellphone owners who text on their phones has grown to 80 percent from 58 percent in 2007.

As I reported this month, traditional text messaging — the kind where you pay to send messages over the phone network — recently declined for the first time in the United States, following a trend in countries around the world, like the Philippines and Finland, according to Chetan Sharma, an independent mobile analyst. As a result, the money that carriers earn from text messaging has been dropping, too.

So how could texting be on the rise? Instead of sending traditional text messages, cellphone owners are shifting toward Internet-based messaging services, like Apple’s iMessage, Facebook messaging and WhatsApp, Mr. Sharma says. These services are popular because they don’t charge per text; they are gradually redefining what we think of as text messaging.

The Pew study also found that the number of cellphone owners who use phones to send e-mail has jumped to 50 percent from 19 percent in 2007, and the number of cellphone owners using phones to shoot video has risen to 44 percent from 18 percent five years ago. The number of cellphone owners who use their phones to download apps is 43 percent, up from 22 percent in 2009. All these factors are directly correlated with the rise of the smartphone — more than 50 percent of American cellphone owners own one, according to Nielsen.

“Cell users now treat their gadget as a body appendage,” said Lee Rainie, director of the Pew Research Center, in a statement. “There is striking growth in the number of people who are taking advantage of the growing number of functions that these phones can perform, and there isn’t much evidence yet that the pace of change is slowing down.”

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I.H.T. Special Report: Business of Green: U.N. Climate Talks Promise Little Drama


The United Nations climate change conference opened Monday in Doha, Qatar.









WASHINGTON — The last three United Nations climate change summit meetings have been disorderly affairs, marked by brinkmanship, breakdowns and a weary sense that there has to be a better way to address the intensifying challenge of a simmering planet.




The meeting of the United Nations Framework Convention on Climate Change this year, which opened Monday in Doha, Qatar, promises to be a more staid affair than the three previous sessions — in Copenhagen in 2009; CancĂșn, Mexico, in 2010; and Durban, South Africa, last year. While there is always the potential for a diplomatic disaster at any negotiation involving 194 countries, the agenda for the two-week Doha convention includes an array of highly technical matters but nothing that is likely to bring the process to a screaming halt.


“There’s pretty broad agreement that after three very high-key meetings, this is a far lower-intensity summit,” said Michael Levi, senior fellow for energy and the environment at the Council on Foreign Relations. “There’ll be all kinds of haggling, but there are no particularly huge minefields there.”


Despite the occasional chaos at Copenhagen, CancĂșn and Durban, negotiators achieved a number of significant steps, including pledges by most major countries to reduce their emissions of climate-altering gases, a promise by rich nations to mobilize $100 billion a year by 2020 to help more vulnerable states adapt to climate change, a system for verifying emissions cuts and programs to help slow deforestation.


The delegates in Doha hope to firm up these promises and create the concrete means to fulfill them.


“We hope that in Doha we will conclude the design phase of all these institutional arrangements and catapult them into implementation,” said Christiana Figueres, the Costa Rican diplomat who serves as executive secretary of the U.N. climate convention. “It is high time, because we are so far behind our targets in every single report. The international response has not been enough.”


Last week, the U.N. Environment Program said the world was unlikely to meet the United Nations’ stated goal of keeping global temperature rise below two degrees Celsius (3.6 Fahrenheit). The group said the current pledges were too weak and the rise in heat-trapping emissions was so fast that the world risked falling further behind without swift and ambitious new action.


In Durban last year, delegates affirmed the two degree Fahrenheit target and, after a contentious marathon negotiating session, signed a pledge to conclude a new global climate change treaty by 2015 to take effect starting in 2020.


Whether that accord can be reached remains an open question. The Copenhagen summit meeting three years ago, with more than 100 heads of government on hand, dissolved into failure on the final night. Delegates this time have three years’ planning time to fashion a new treaty, but the hugely difficult issues of national sovereignty, compliance verification and equity between rich and poor nations will not easily be resolved, no matter how much time is available.


Jennifer Morgan, director of the climate and energy program at the World Resources Institute, said the success of the talks would hinge on the approach of the world’s two biggest greenhouse gas emitters and most vibrant economies, the United States and China.


China has led the world in adoption of low-carbon energy sources, but also consumes growing quantities of dirty-burning coal every year. Its new leadership has given few signals on how it intends to approach the U.N. climate process, Ms. Morgan noted, but previous Chinese leaders have resisted any international regime that they perceive as limiting China’s economic growth.


As for the United States, Ms. Morgan said she hoped that the re-elected Obama administration would commit to a new international regime with a renewed strategy and a commitment to take domestic action consistent with its international pledges and its support of the two degree target.


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Recipes for Health: Quinoa Salad With Avocado and Kalamata Olives — Recipes for Health


Andrew Scrivani for The New York Times







This is inspired by a salad I recently enjoyed in a small vegetarian restaurant called Siggy’s on Henry Street in Brooklyn Heights. They called it a quinoa Greek salad, but really the only thing that was Greek about it was the kalamata olives. No matter, it was still delicious.




3/4 cup quinoa


1 1/4 cups water


Salt to taste


1 small cucumber, cut in half lengthwise, seeded and sliced, or 1 Persian cucumber, sliced; or 1/2 cup sliced or diced celery (from the inner heart)


1/4 cup kalamata olives, pitted and halved (about 12__ olives)


1 ripe avocado, diced


1 tablespoon slivered fresh mint leaves


2 tablespoons chopped fresh parsley


1 1/2 ounces feta cheese, crumbled (1/3 cup, optional)


1 6-ounce bag mixed spring salad greens, baby spinach, arugula, or a combination


For the dressing:


1 tablespoon freshly squeezed lemon juice


1 tablespoon sherry vinegar


1 teaspoon Dijon mustard


1 small garlic clove, pureed


Salt to taste


2 tablespoons extra virgin olive oil


1/3 cup buttermilk or plain low-fat yogurt


Freshly ground pepper


1. Place the quinoa in a strainer and rinse several times with cold water. Place in a medium saucepan with 1 1/4 cups water and salt to taste. Bring to a boil, cover and simmer 15 minutes, until the grains display a thread-like spiral and the water is absorbed. Remove from the heat, remove the lid and place a dish towel over the pan, then return the lid to the pan and let sit for 10 minutes or longer undisturbed. Transfer to a salad bowl and fluff with forks. Allow to cool.


2. Add the remaining salad ingredients except the salad greens to the bowl. Whisk together the dressing ingredients. If using yogurt, thin out if desired with a tablespoon of water.


3. Just before serving toss the lettuces with 3 tablespoons of the dressing. Toss the quinoa mixture with the rest of the dressing. Line a salad bowl or platter with the greens, top with the quinoa, and serve. Or if preferred, toss together the greens and quinoa mixture before serving.


Yield: Serves 4 to 6


Advance preparation: You can assemble the salad up to a day ahead but do not toss with the dressing until shortly before serving.


Nutritional information per serving (4 servings): 340 calories; 21 grams fat; 4 grams saturated fat; 3 grams polyunsaturated fat; 13 grams monounsaturated fat; 10 milligrams cholesterol; 30 grams carbohydrates; 7 grams dietary fiber; 347 milligrams sodium (does not include salt to taste); 9 grams protein


Nutritional information per serving (6 servings): 226 calories; 14 grams fat; 3 grams saturated fat; 2 grams polyunsaturated fat; 9 grams monounsaturated fat; 7 milligrams cholesterol; 20 grams carbohydrates; 5 grams dietary fiber; 231 milligrams sodium (does not include salt to taste); 6 grams protein


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


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Egypt’s President Said to Limit Scope of Judicial Decree





CAIRO — President Mohamed Morsi agreed Monday to scale back a sweeping decree he had issued last week that raised his edicts above any judicial review, according to a report by a television network allied with his party. The agreement, reached with top judicial authorities, would leave most of Mr. Morsi’s actions subject to review by the courts, but preserve a crucial power: protecting the constitutional council from being dissolved by the courts before it finishes its work.







Ahmed Jadallah/Reuters

Protesters ran for cover during clashes with riot police at Tahrir square in Cairo on Monday.









Tara Todras-Whitehill for The New York Times

Egyptians mourned Mohammed Gaber Salah, an activist who died Sunday from injuries sustained during protests, before his funeral on Monday in Cairo.






The Muslim Brotherhood, the Islamist group that sponsored Mr. Morsi and his party, announced that it was canceling a major demonstration in support of the president that had been planned for Tuesday.


Cracks appeared in Mr. Morsi’s government on Sunday over the decree after the justice minister, Ahmed Mekki, began arguing publicly for a retreat, and at least three other senior advisers resigned over the measure. The move had also prompted widening street protests and cries from opponents that Mr. Morsi, who already governs without a legislature, was moving toward a new autocracy in Egypt, less than two years after the ouster of the strongman Hosni Mubarak.


With a threatened strike by the nation’s judges, a plunge in the country’s stock market and more street protests looming, Mr. Morsi’s administration initially sent mixed messages on Sunday over whether it was willing to consider a compromise: a spokesman for the president’s party insisted that there would be no change in his edict, but a statement from the party indicated for the first time a willingness to give political opponents “guarantees against monopolizing the fateful decisions of the homeland in the absence of the Parliament.”


Mr. Mekki, the influential leader of a judicial independent movement under Mr. Mubarak and one of Mr. Morsi’s closest aides, actively tried to broker a deal with top jurists to resolve the crisis.


The reaction to the decree had presented the most acute test to date of the ability and willingness of Mr. Morsi, Egypt’s first freely elected president and a former leader of the Muslim Brotherhood, to engage in the kind of give and take that democratic government requires. But he also must contend with real doubts about the willingness of his anti-Islamist opponents to join him in compromise. Each side is mired in deep suspicion of the other, a legacy of the decades when the Brotherhood survived here only as an insular secret society, demonized as dangerous radicals by most of the Egyptian elite.


“There is a deep mistrust,” said Emad Shahin, a political scientist at the American University in Cairo who studies the Brotherhood. “It is an ugly round of partisan politics,” he said, “a bone-crushing phase.”


The scale of the backlash against the decree appeared to catch Mr. Morsi’s government by surprise. “In his head, the president thought that this would push us forward, but then it was met with all this inflammation,” Mr. Mekki said. He faulted the president for failing to consult with his opponents before issuing it, but he also faulted the opponents for their own unwillingness to come to the table: “I blame all of Egypt, because they do not know how to talk to each other.”


Government and party officials maintained that Mr. Morsi was forced to claim the expansive new powers to protect the process of writing the country’s new constitution, and that the decree would be in effect only until the charter was in place. A court of judges appointed under the Mubarak government was widely rumored to be about to dissolve the elected constitutional assembly, dominated by Mr. Morsi’s Islamist allies — just as the same court had previously cast out the newly elected Islamist-led Parliament — and the decree issued by Mr. Morsi on Thursday gave him the power to stop it.


“I see with all of you, clearly, that the court verdict is announced two or three weeks before the court session,” Mr. Morsi told his supporters on Friday, referring to the pervasive rumors about the court’s impending action in a fiery speech defending his decree. “We will dissolve the entire homeland, as it seems! How is that? How? Those waywards must be held accountable."


He said that corrupt Mubarak loyalists were “hiding under the cover of the judiciary” and declared, “I will uncover them!”


But instead of rallying the public to his side and speeding the country’s political transition, as Mr. Morsi evidently hoped, his decree has unleashed new instability across the country. On Sunday, the first day of business here since the decree was issued, the Egyptian stock market fell by about 9.5 percent, erasing more than $4 billion of value.


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Mike Lynch, Autonomy’s Founder, Says He’s Baffled by H.P.’s Claims





SAN FRANCISCO — Mike Lynch was growing bored in a business meeting in London on Tuesday when his phone buzzed.




A text message from a friend informed him that Hewlett-Packard was taking an $8.8 billion charge. A few minutes later, another message said H.P. was putting most of the blame for the write-down on accounting problems at Autonomy, the company Mr. Lynch co-founded and sold to H.P. last year for $10 billion. There was talk of potentially criminal activities.


Since that jolt, Mr. Lynch has been unusually candid and vocal in defending himself and the company he built, rather than hiding out behind a phalanx of lawyers as might be expected. He says he was blindsided by a long-prepared public relations onslaught by H.P., little of which had to do with the substance of its claims about Autonomy.


“It’s been a bit of a shock,” said Mr. Lynch, who joined Hewlett-Packard in October 2011 but was fired by Meg Whitman, H.P.’s chief executive, in May. “The last time I talked to anyone there was in June, for about an hour.”


Mr. Lynch was once the face of H.P.’s future, thanks to Autonomy’s high-end business analysis software. Last week, he became the public face of what the company said was a vast, systemic fraud.


But in charging gross improprieties at Autonomy, H.P. has attacked a man who may be Britain’s most notable and contentious technology executive, and one of Europe’s biggest self-made successes. Mr. Lynch, 47, sits on the boards of the British Broadcasting Corporation and the British Library, and was awarded an Order of the British Empire for his service to business.


Before Hewlett-Packard bought Autonomy, it was listed on Britain’s major stock index. Its prominence allowed it to hire top engineers, who were worked remorselessly hard compared with their Silicon Valley counterparts, former employees say.


People who have worked with Mr. Lynch note both his accomplishments and his temper. “I don’t think I’ve ever called anyone an idiot in the office, but I’m direct,” he said. “That’s part of getting stuff done. I find good people and I value them. That is how I’ve been able to do what I’ve done.”


While Autonomy is not well known in the United States, it was considered a pioneer in the booming field of Big Data, and its pattern-seeking algorithms are at work at over 400 companies, including Oracle, Adobe, Cisco and, even before the purchase, Hewlett-Packard. Mr. Lynch personally made about $800 million from the sale to H.P.


Even with all of his money, intellect and a doctorate from Cambridge, what Mr. Lynch says he cannot figure out is how H.P. thinks he has done anything wrong.


Hewlett-Packard has said that its internal investigation, set off by a whistle-blower, uncovered major problems at Autonomy that were present before the merger. Among them were the booking of hardware sales as higher-margin software sales, and resellers reporting sales that did not exist.


Mr. Lynch said Autonomy’s sales fell off a cliff after it merged with Hewlett-Packard — not because it suddenly had to account for things legally, as H.P. claims, but because of institutional foot-dragging.


“They drove out the top 100 people from Autonomy, and a bunch of trainees were put in” to sell Autonomy products, he said. “H.P. salesmen got better commissions for selling our competitors’ products.”


Mr. Lynch said H.P. told him it could not formally approve Autonomy’s software for use on its customers’ servers, “when it was already running on thousands of H.P. machines around the world.” He added: “H.P. has core structural problems.”


Hewlett-Packard counters that Mr. Lynch was a singular force of resistance to the merger as soon as his check cleared.


“He was at every strategy session, was in person or on video for every meeting of the executive council,” said an H.P. executive briefed on the investigation who spoke on the condition of anonymity because he was not authorized to speak on the record. “He wouldn’t work with anyone. Sometimes he was enthusiastic, but other times he’d say, ‘This makes no sense. I’m going back to London.’ ”


On at least two different cross-country flights on an H.P. private jet, the executive said, Mr. Lynch went to the back of the aircraft and refused to talk with anyone for the entire flight.


A spokeswoman for Mr. Lynch, Vanessa Colomar, said he had not been on the corporate jet before and “didn’t know the etiquette.” She said he spent the time working.


Michael J. de la Merced contributed reporting from New York.



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Oprah Winfrey Seeks a Younger Audience to Bolster a Flagging Empire


Stephanie Diani for The New York Times


Oprah Winfrey spoke last month at a convention held by O, The Oprah Magazine, in Los Angeles.







LOS ANGELES — It’s not easy to find a fresh way to photograph Oprah Winfrey.




That’s why the editors of O, The Oprah Magazine, recently tried to create a shot that recalled the glory days of Ms. Winfrey’s syndicated talk show. They arranged to photograph her for its April 2013 issue as she stepped onstage to speak to 5,000 attendees at the magazine’s annual conference, a New Age slumber party of sorts for women held at the convention center here last month. When Ms. Winfrey confidently strode out dressed in a sea foam green V-neck dress and a pair of perilously tall ruby red stilettos, the audience collectively leapt to its feet and shrieked at the sight of her.


“I love you, Oprah,” some women shouted, while other fans brushed away tears. “I love you back,” she responded in her signature commanding voice. “It’s no small thing to get the dough to come here.”


Ms. Winfrey, who used to receive this kind of applause from fans five days a week, has had fewer such receptions since the talk show she hosted for 25 years ended 18 months ago. The cable network OWN, which she started with Discovery Communications, is emerging from low ratings and management shake-ups. And without a regular presence on daytime network television, she cannot steer traffic to her other products as easily as in the past. Her magazine, in particular, has experienced a decline in advertising revenue and newsstand sales since the talk show finished.


“She’s still Oprah. But she’s still struggling,” said Janice Peck, an associate professor of journalism and mass communication at the University of Colorado who wrote the 2008 book “The Age of Oprah.” “I think she’s scared, even though she’s very, very rich and she’s always going to be very, very rich. The possibility of failure, it’s quite scary.”


Ms. Winfrey, 58, has shown some signs of strain. She arrived at the conference with faint shadows under her eyes and announced to her best friend, Gayle King, and the audience simultaneously that she had a breast cancer scare the week before. (It was ultimately a false alarm.) When Ms. King grew visibly upset, one woman chided Ms. Winfrey for not telling her friend ahead of time and ordered her to apologize to Ms. King — all before an audience. Ms. Winfrey also did not hide her dissatisfaction with the criticism she had faced. She told the audience, “the press tried to cut me off at the knees” in its coverage of OWN, and bristled at questions about the challenges her magazine confronted.


“I don’t care what the form is,” Ms. Winfrey said with the conviction of a preacher. “I care about what the message is.”


With signs of progress at OWN, Ms. Winfrey now has more time to devote to other media platforms — her magazine, her radio channel on XM Satellite Radio, her Facebook page, which has 7.8 million subscribers, her Twitter account, which has nearly 15 million followers, and her latest content channel on The Huffington Post.


“It’s all an opportunity to speak to people,” Ms. Winfrey said as she sat for an interview during the conference, a pair of glittery gold stilettos slung in her hand and a couple of handlers in the corner quietly tapping away at smartphones. She pushed aside a bottle of sparkling water, a glass with a silver straw and a delicate orchid placed before her and spoke frankly about her plans.


“Ultimately, you have to make money because you are a business. I let other people worry about that. I worry about the message. I am always, always, always about holding true to the vision and the message, and when you are true to that, then people respond.”


When it comes to the magazine, Ms. Winfrey said her staff prepared her to expect a 25 percent decline in newsstand sales after the talk show ended. (It has been closer to 22 percent.) And while she acknowledged that she enjoyed “holding the magazine in my hand,” she was pragmatic about print’s future and said she would stop publishing a print magazine if it were not profitable.


“Obviously, the show was helping in ways that you know I hadn’t accounted for,” Ms. Winfrey said. “I’m not interested, you know, in bleeding money.”


Ms. Winfrey, who spoke in a conference room over the roars of an expectant crowd in the convention space below, said she knew that her brand’s strength stemmed from how she resonated with a breadth of viewers.


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Agency Investigates Deaths and Injuries Associated With Bed Rails


Thomas Patterson for The New York Times


Gloria Black’s mother died in her bed at a care facility.







In November 2006, when Clara Marshall began suffering from the effects of dementia, her family moved her into the Waterford at Fairway Village, an assisted living home in Vancouver, Wash. The facility offered round-the-clock care for Ms. Marshall, who had wandered away from home several times. Her husband Dan, 80 years old at the time, felt he could no longer care for her alone.








Thomas Patterson for The New York Times

Gloria Black, visiting her mother’s grave in Portland, Ore. She has documented hundreds of deaths associated with bed rails and said families should be informed of their possible risks.






But just five months into her stay, Ms. Marshall, 81, was found dead in her room apparently strangled after getting her neck caught in side rails used to prevent her from rolling out of bed.


After Ms. Marshall’s death, her daughter Gloria Black, who lives in Portland, Ore., began writing to the Consumer Product Safety Commission and the Food and Drug Administration. What she discovered was that both agencies had known for more than a decade about deaths from bed rails but had done little to crack down on the companies that make them. Ms. Black conducted her own research and exchanged letters with local and state officials. Finally, a letter she wrote in 2010 to the federal consumer safety commission helped prompt a review of bed rail deaths.


Ms. Black applauds the decision to study the issue. “But I wish it was done years ago,” she said. “Maybe my mother would still be alive.” Now the government is studying a problem it has known about for years.


Data compiled by the consumer agency from death certificates and hospital emergency room visits from 2003 through May 2012 shows that 150 mostly older adults died after they became trapped in bed rails. Over nearly the same time period, 36,000 mostly older adults — about 4,000 a year — were treated in emergency rooms with bed rail injuries. Officials at the F.D.A. and the commission said the data probably understated the problem since bed rails are not always listed as a cause of death by nursing homes and coroners, or as a cause of injury by emergency room doctors.


Experts who have studied the deaths say they are avoidable. While the F.D.A. issued safety warnings about the devices in 1995, it shied away from requiring manufacturers to put safety labels on them because of industry resistance and because the mood in Congress then was for less regulation. Instead only “voluntary guidelines” were adopted in 2006.


More warnings are needed, experts say, but there is a technical question over which regulator is responsible for some bed rails. Are they medical devices under the purview of the F.D.A., or are they consumer products regulated by the commission?


“This is an entirely preventable problem,” said Dr. Steven Miles, a professor at the Center for Bioethics at the University of Minnesota, who first alerted federal regulators to deaths involving bed rails in 1995. The government at the time declined to recall any bed rails and opted instead for a safety alert to nursing homes and home health care agencies.


Forcing the industry to improve designs and replace older models could have potentially cost bed rail makers and health care facilities hundreds of million of dollars, said Larry Kessler, a former F.D.A. official who headed its medical device office. “Quite frankly, none of the bed rails in use at that time would have passed the suggested design standards in the guidelines if we had made them mandatory,” he said. No analysis has been done to determine how much it would cost the manufacturers to reduce the hazards.


Bed rails are metal bars used on hospital beds and in home care to assist patients in pulling themselves up or helping them out of bed. They can also prevent people from rolling out of bed. But sometimes patients — particularly those suffering from Alzheimer’s — can get confused and trapped between a bed rail and a mattress, which can lead to serious injury or even death.


While the use of the devices by hospitals and nursing homes has declined as professional caregivers have grown aware of the dangers, experts say dozens of older adults continue to die each year as more rails are used in home care and many health care facilities continue to use older rail models.


Since those first warnings in 1995, about 550 bed rail-related deaths have occurred, a review by The New York Times of F.D.A. data, lawsuits, state nursing home inspection reports and interviews, found. Last year alone, the F.D.A. data shows, 27 people died.


As deaths continued after the F.D.A. warning, a working group put together in 1999 and made up of medical device makers, researchers, patient advocates and F.D.A. officials considered requiring bed rail makers to add warning labels.


But the F.D.A. decided against it after manufacturers resisted, citing legal issues. The agency said added cost to small manufacturers and difficulties of getting regulations through layers of government approval, were factors against tougher standards, according to a meeting log of the group in 2000 and interviews.


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Agency Investigates Deaths and Injuries Associated With Bed Rails


Thomas Patterson for The New York Times


Gloria Black’s mother died in her bed at a care facility.







In November 2006, when Clara Marshall began suffering from the effects of dementia, her family moved her into the Waterford at Fairway Village, an assisted living home in Vancouver, Wash. The facility offered round-the-clock care for Ms. Marshall, who had wandered away from home several times. Her husband Dan, 80 years old at the time, felt he could no longer care for her alone.








Thomas Patterson for The New York Times

Gloria Black, visiting her mother’s grave in Portland, Ore. She has documented hundreds of deaths associated with bed rails and said families should be informed of their possible risks.






But just five months into her stay, Ms. Marshall, 81, was found dead in her room apparently strangled after getting her neck caught in side rails used to prevent her from rolling out of bed.


After Ms. Marshall’s death, her daughter Gloria Black, who lives in Portland, Ore., began writing to the Consumer Product Safety Commission and the Food and Drug Administration. What she discovered was that both agencies had known for more than a decade about deaths from bed rails but had done little to crack down on the companies that make them. Ms. Black conducted her own research and exchanged letters with local and state officials. Finally, a letter she wrote in 2010 to the federal consumer safety commission helped prompt a review of bed rail deaths.


Ms. Black applauds the decision to study the issue. “But I wish it was done years ago,” she said. “Maybe my mother would still be alive.” Now the government is studying a problem it has known about for years.


Data compiled by the consumer agency from death certificates and hospital emergency room visits from 2003 through May 2012 shows that 150 mostly older adults died after they became trapped in bed rails. Over nearly the same time period, 36,000 mostly older adults — about 4,000 a year — were treated in emergency rooms with bed rail injuries. Officials at the F.D.A. and the commission said the data probably understated the problem since bed rails are not always listed as a cause of death by nursing homes and coroners, or as a cause of injury by emergency room doctors.


Experts who have studied the deaths say they are avoidable. While the F.D.A. issued safety warnings about the devices in 1995, it shied away from requiring manufacturers to put safety labels on them because of industry resistance and because the mood in Congress then was for less regulation. Instead only “voluntary guidelines” were adopted in 2006.


More warnings are needed, experts say, but there is a technical question over which regulator is responsible for some bed rails. Are they medical devices under the purview of the F.D.A., or are they consumer products regulated by the commission?


“This is an entirely preventable problem,” said Dr. Steven Miles, a professor at the Center for Bioethics at the University of Minnesota, who first alerted federal regulators to deaths involving bed rails in 1995. The government at the time declined to recall any bed rails and opted instead for a safety alert to nursing homes and home health care agencies.


Forcing the industry to improve designs and replace older models could have potentially cost bed rail makers and health care facilities hundreds of million of dollars, said Larry Kessler, a former F.D.A. official who headed its medical device office. “Quite frankly, none of the bed rails in use at that time would have passed the suggested design standards in the guidelines if we had made them mandatory,” he said. No analysis has been done to determine how much it would cost the manufacturers to reduce the hazards.


Bed rails are metal bars used on hospital beds and in home care to assist patients in pulling themselves up or helping them out of bed. They can also prevent people from rolling out of bed. But sometimes patients — particularly those suffering from Alzheimer’s — can get confused and trapped between a bed rail and a mattress, which can lead to serious injury or even death.


While the use of the devices by hospitals and nursing homes has declined as professional caregivers have grown aware of the dangers, experts say dozens of older adults continue to die each year as more rails are used in home care and many health care facilities continue to use older rail models.


Since those first warnings in 1995, about 550 bed rail-related deaths have occurred, a review by The New York Times of F.D.A. data, lawsuits, state nursing home inspection reports and interviews, found. Last year alone, the F.D.A. data shows, 27 people died.


As deaths continued after the F.D.A. warning, a working group put together in 1999 and made up of medical device makers, researchers, patient advocates and F.D.A. officials considered requiring bed rail makers to add warning labels.


But the F.D.A. decided against it after manufacturers resisted, citing legal issues. The agency said added cost to small manufacturers and difficulties of getting regulations through layers of government approval, were factors against tougher standards, according to a meeting log of the group in 2000 and interviews.


Read More..

Indian Prostitutes’ New Autonomy Imperils AIDS Fight


Kuni Takahashi for The New York Times


Sex workers in Mumbai’s long-established red-light district, where brothels are dwindling.







MUMBAI, India — Millions once bought sex in the narrow alleys of Kamathipura, a vast red-light district here. But prostitutes with inexpensive mobile phones are luring customers elsewhere, and that is endangering the astonishing progress India has made against AIDS.




Indeed, the recent closings of hundreds of ancient brothels, while something of an economic victory for prostitutes, may one day cost them, and many others, their lives.


“The place where sex happens turns out to be an important H.I.V. prevention point,” said Saggurti Niranjan, program associate of the Population Council. “And when we don’t know where that is, we can’t help stop the transmission.”


Cellphones, those tiny gateways to modernity, have recently allowed prostitutes to shed the shackles of brothel madams and strike out on their own. But that independence has made prostitutes far harder for government and safe-sex counselors to trace. And without the advice and free condoms those counselors provide, prostitutes and their customers are returning to dangerous ways.


Studies show that prostitutes who rely on cellphones are more susceptible to H.I.V. because they are far less likely than their brothel-based peers to require their clients to wear condoms.


In interviews, prostitutes said they had surrendered some control in the bedroom in exchange for far more control over their incomes.


“Now, I get the full cash in my hand before we start,” said Neelan, a prostitute with four children whose side business in sex work is unknown to her husband and neighbors. (Neelan is a professional name, not her real one.)


“Earlier, if the customer got scared and didn’t go all the way, the madam might not charge the full amount,” she explained. “But if they back out now, I say that I have removed all my clothes and am going to keep the money.”


India has been the world’s most surprising AIDS success story. Though infections did not appear in India until 1986, many predicted the nation would soon become the epidemic’s focal point. In 2002, the C.I.A.’s National Intelligence Council predicted that India would have as many as 25 million AIDS cases by 2010. Instead, India now has about 1.5 million.


An important reason the disease never took extensive hold in India is that most women here have fewer sexual partners than in many other developing countries. Just as important was an intensive effort underwritten by the World Bank and the Bill and Melinda Gates Foundation to target high-risk groups like prostitutes, gay men and intravenous drug users.


But the Gates Foundation is now largely ending its oversight and support for AIDS prevention in India, just as efforts directed at prostitutes are becoming much more difficult. Experts say it is too early to identify how much H.I.V. infections might rise.


“Nowadays, the mobility of sex workers is huge, and contacting them is very difficult,” said Ashok Alexander, the former director in India of the Gates Foundation. “It’s a totally different challenge, and the strategies will also have to change.”


An example of the strategies that had been working can be found in Delhi’s red-light district on Garstin Bastion Road near the old Delhi railway station, where brothels have thrived since the 16th century. A walk through dark alleys, past blind beggars and up narrow, steep and deeply worn stone staircases brings customers into brightly lighted rooms teeming with scores of women brushing each other’s hair, trying on new dresses, eating snacks, performing the latest Bollywood dances, tending small children and disappearing into tiny bedrooms with nervous men who come out moments later buttoning their trousers.


A 2009 government survey found 2,000 prostitutes at Garstin Bastion (also known as G. B.) Road who served about 8,000 men a day. The government estimated that if it could deliver as many as 320,000 free condoms each month and train dozens of prostitutes to counsel safe-sex practices to their peers, AIDS infections could be significantly reduced. Instead of broadcasting safe-sex messages across the country — an expensive and inefficient strategy commonly employed in much of the world — it encircled Garstin Bastion with a firebreak of posters with messages like “Don’t take a risk, use a condom” and “When a condom is in, risk is out.”


Surprising many international AIDS experts, these and related tactics worked. Studies showed that condom use among clients of prostitutes soared.


“To the credit of the Indian strategists, their focus on these high-risk groups paid off,” said Dr. Peter Piot, the former executive director of U.N.AIDS and now director of the London School of Hygiene and Tropical Medicine. A number of other countries, following India’s example, have achieved impressive results over the past decade as well, according to the latest United Nations report, which was released last week.


Sruthi Gottipati contributed reporting in Mumbai and New Delhi.



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Larry Hagman, ‘Dallas’ Villain With a Sweetly Sinister Smile, Dies at 81


Tony Gutierrez/Associated Press







Larry Hagman, whose portrayal of one of television’s most beloved villains, J. R. Ewing, led the CBS series “Dallas” to enormous worldwide popularity, died on Friday in Dallas. He was 81.




The cause was complications of cancer, his family said in a statement. Mr. Hagman had been in Dallas filming an episode of the TNT cable channel’s reboot of that series, which had made him the man audiences loved to hate from 1978 to 1991.


In October 2011, shortly before filming began on the new “Dallas,” Mr. Hagman announced that he had a “treatable” form of cancer. It was the latest of several health problems he had experienced since learning that he had cirrhosis in 1992. (Mr. Hagman acknowledged at the time that he had been a heavy drinker.) In 1995, he received a liver transplant after doctors discovered a tumor on his liver.


“As J. R., I could get away with anything — bribery, blackmail and adultery,” Mr. Hagman said after receiving his diagnosis last year. “But I got caught by cancer.” Nonetheless, he said, he relished the opportunity to reprise his best-known role.


For a time in the late ’70s and early ’80s, Mr. Hagman could lay claim to the title of most famous actor in the world. “Dallas,” a soapy saga of a ranch-owning Texas oil family, was a hit in 57 countries. The rich villainy of J. R. revived Mr. Hagman’s career after his co-starring role in the hit 1960s sitcom “I Dream of Jeannie” had typecast him as a lightweight comic actor.


The celebrated signature episode of “Dallas,” which resolved the question “Who shot J. R.?” — a mystery masterfully marketed by the network and the show’s producers — set viewing records, with an estimated 350 million people all over the world tuning in for the answer. (The shooter turned out to be Kristin Shepard, played by Mary Crosby, the scheming adulterous sister of J. R.’s wife, Sue Ellen, played by Linda Gray.)


The episode became the second-highest-rated television program ever (after the final episode of “M*A*S*H”) with a rating of 53.3 percent and an average audience of 41,470,000 households.


Few actors enjoyed their fame as much as Mr. Hagman, who portrayed the oilman-robber baron J. R. as, in one critic’s words, “an overstuffed Iago in a Stetson hat.” At the height of the show’s popularity, he handed out fake $100 bills with his face on them.


When TNT remounted “Dallas” with a new generation of Ewings, it invited Mr. Hagman to return as J. R. He won praise for his performance, with some critics saying that he remained the best thing about “Dallas.” The new version, which made its debut this year, was a success and TNT ordered a second season.


Larry Martin Hagman was born in Fort Worth on Sept. 21, 1931. His mother was the actress Mary Martin, who would become famous for her performances in “South Pacific,” “Peter Pan,” “The Sound of Music” and other Broadway shows. His father, Benjamin Hagman, was a lawyer whose clients included a number of wealthy Texas oil men; Larry Hagman’s memory of those tycoons would later help shape his portrayal of J. R. Ewing. (“They had such a nice, sweet smile,” he recalled. “But when you finished the meeting, your socks were missing, and you hadn’t even noticed they’d taken your boots.”)


His parents were divorced when he was 5. He was brought up in Los Angeles by his maternal grandmother, and after she died in 1943, he spent time with his father in Fort Worth and with his mother and his stepfather, Richard Halliday, a producer, manager and agent.


“I never resented her; she was never around,” he said of his mother in an interview with Playboy magazine at the height of his fame. “As far as I was concerned, I enjoyed my youth very much.”


Mr. Hagman attended a series of private and military schools, leaving most of them, he admitted, with little distinction and occasionally at their request. After returning to Texas to live with his father, he graduated from Weatherford High School and later attended Bard College, which also proved to be an academically unsuccessful experience.


He returned to Texas, this time to his first theater job, at the Margo Jones theater in the round in Dallas. He later served apprenticeships in stock companies. In 1951, his mother arranged a small role for him in the London company of “South Pacific,” in which she was starring. He remained in Europe for five years, four of them in the Air Force as a director of U.S.O. shows.


Bill Carter and Marc Santora contributed reporting.



This article has been revised to reflect the following correction:

Correction: November 24, 2012

An earlier version of this article misidentified a 1973 sitcom that Larry Hagman starred in. It was “Here We Go Again,” not “You Again.”



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