Horse Meat in European Beef Raises Questions on U.S. Exposure

The alarm in Europe over the discovery of horse meat in beef products escalated again Monday, when the Swedish furniture giant Ikea withdrew an estimated 1,670 pounds of meatballs from sale in 14 European countries.

Ikea acted after authorities in the Czech Republic detected horse meat in its meatballs. The company said it had made the decision even though its tests two weeks ago did not detect horse DNA.

Horse meat mixed with beef was first found last month in Ireland, then Britain, and has now expanded steadily across the Continent. The situation in Europe has created unease among American consumers over whether horse meat might also find its way into the food supply in the United States. Here are answers to commonly asked questions on the subject.

Has horse meat been found in any meatballs sold in Ikea stores in the United States?

Ikea says there is no horse meat in the meatballs it sells in the United States. The company issued a statement on Monday saying meatballs sold in its 38 stores in the United States were bought from an American supplier and contained beef and pork from animals raised in the United States and Canada.

“We do not tolerate any other ingredients than the ones stipulated in our recipes or specifications, secured through set standards, certifications and product analysis by accredited laboratories,” Ikea said in its statement.

Mona Liss, a spokeswoman for Ikea, said by e-mail that all of the businesses that supply meat to its meatball maker  issue letters guaranteeing that they will not misbrand or adulterate their products. “Additionally, as an abundance of caution, we are in the process of DNA-testing our meatballs,” Ms. Liss wrote. “Results should be concluded in 30 days.”

Does the United States import any beef from countries where horse meat has been found?

No. According to the Department of Agriculture, the United States imports no beef from any of the European countries involved in the scandal. Brian K. Mabry, a spokesman for the department’s Food Safety and Inspection Service, said: “Following a decision by Congress in November 2011 to lift the ban on horse slaughter, two establishments, one located in New Mexico and one in Missouri, have applied for a grant of inspection exclusively for equine slaughter. The Food Safety and Inspection Service (F.S.I.S.) is currently reviewing those applications.”

Has horse meat been found in ground meat products sold in the United States?

No. Meat products sold in the United States must pass Department of Agriculture inspections, whether produced domestically or imported. No government financing has been available for inspection of horse meat for human consumption in the United States since 2005, when the Humane Society of the United States got a rider forbidding financing for inspection of horse meat inserted in the annual appropriations bill for the Agriculture Department. Without inspection, such plants may not operate legally.

The rider was attached to every subsequent agriculture appropriations bill until 2011, when it was left out of an omnibus spending bill signed by President Obama on Nov. 18. The U.S.D.A.  has not committed any money for the inspection of horse meat.

“We’re real close to getting some processing plants up and running, but there are no inspectors because the U.S.D.A. is working on protocols,” said Dave Duquette, a horse trader in Oregon and president of United Horsemen, a small group that works to retrain and rehabilitate unwanted horses and advocates the slaughter of horses for meat. “We believe very strongly that the U.S.D.A. is going to bring inspectors online directly.”

Are horses slaughtered for meat for human consumption in the United States?

Not currently, although live horses from the United States are exported to slaughterhouses in Canada and Mexico. The lack of inspection effectively ended the slaughter of horse meat for human consumption in the United States; 2007 was the last year horses were slaughtered in the United States. At the time financing of inspections was banned, a Belgian company operated three horse meat processing plants — in Fort Worth and Kaufman, Tex., and DeKalb, Ill. — but exported the meat it produced in them.

Since 2011, efforts have been made to re-establish the processing of horse meat for human consumption in the United States. A small plant in Roswell, N.M., which used to process beef cattle into meat has been retooled to slaughter 20 to 25 horses a day. But legal challenges have prevented it from opening, Mr. Duquette said. Gov. Susana Martinez of New Mexico opposes opening the plant and has asked the U.S.D.A. to block it.

Last month, the two houses of the Oklahoma Legislature passed separate bills to override a law against the slaughter of horses for meat but kept the law’s ban on consumption of such meat by state residents. California, Illinois, New Jersey, Tennessee and Texas prohibit horse slaughter for human consumption.

Is there a market for horse meat in the United States?

Mr. Duquette said horse meat was popular among several growing demographic groups in the United States, including Tongans, Mongolians and various Hispanic populations. He said he knew of at least 10 restaurants that wanted to buy horse meat. “People are very polarized on this issue,” he said. Wayne Pacelle, chief executive of the Humane Society of the United States, disagreed, saying demand in the United States was limited. Italy is the largest consumer of horse meat, he said, followed by France and Belgium.

Is horse meat safe to eat?

That is a matter of much debate between proponents and opponents of horse meat consumption. Mr. Duquette said that horse meat, some derived from American animals processed abroad, was eaten widely around the world without health problems. “It’s high in protein, low in fat and has a whole lot of omega 3s,” he said.

The Humane Society says that because horse meat is not consumed in the United States, the animals’ flesh is likely to contain residues of many drugs that are unsafe for humans to eat. The organization’s list of drugs given to horses runs to 29 pages.

“We’ve been warning the Europeans about this for years,” Mr. Pacelle said. “You have all these food safety standards in Europe — they do not import chicken carcasses from the U.S. because they are bathed in chlorine, and won’t take pork because of the use of ractopamine in our industry — but you’ve thrown out the book when it comes to importing horse meat from North America.”

The society has filed petitions with the Department of Agriculture and Food and Drug Administration, arguing that they should test horse meat before allowing it to be marketed in the United States for humans to eat.

This article has been revised to reflect the following correction:

Correction: February 25, 2013

An earlier version of this article misstated how many pounds of meatballs Ikea was withdrawing from sale in 14 European countries. It is 1,670 pounds, not 1.67 billion pounds.

This article has been revised to reflect the following correction:

Correction: February 25, 2013

An earlier version of this article misstated the last year that horses were slaughtered in the United States. It is 2007, not 2006.

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Yahoo CEO Marissa Mayer causes uproar with telecommuting ban

SAN FRANCISCO — Corporate America's most famous working mother has banned her employees from working at home. Now the backlash is threatening to overshadow the progress she has made turning around Yahoo Inc.

Marissa Mayer, one of only a handful of women leading Fortune 500 companies, has become the talk of Twitter and Silicon Valley for her controversial move to end telecommuting at the struggling Internet pioneer.

From the start, Mayer, who at 37 is one of Silicon Valley's most notorious workaholics, was not the role model that some working moms were hoping for. The former Google Inc. executive stirred up controversy by taking the demanding top job at Yahoo when she was five months pregnant and then taking only two weeks of maternity leave. Mayer built a nursery next to her office at her own expense to be closer to her infant son and work even longer hours.

Now working moms are in an uproar because they believe that Mayer is setting them back by taking away their flexible working arrangements. Many view telecommuting as the only way time-crunched women can care for young children and advance their careers without the pay, privilege or perks that come with being the chief executive of a Fortune 500 company.

"When a working mother is standing behind this, you know we are a long way from a culture that will honor the thankless sacrifices that women too often make," read one email sent to technology blogger Kara Swisher of AllThingsD, who first wrote about the ban.

Hundreds of staffers — including those who work from home one or two days a week — will have to decide if they want to start showing up every day at the office or be out of a job, according to a memo leaked to Swisher.

"To become the absolute best place to work, communication and collaboration will be important, so we need to be working side-by-side. That is why it is critical that we are all present in our offices," Jackie Reses, Yahoo's human resources chief, wrote in the memo sent out Friday. "Speed and quality are often sacrificed when we work from home. We need to be one Yahoo, and that starts with physically being together."

Mayer, who is trying to reverse Yahoo's long downward spiral, has raised the hopes of investors and sprinkled amenities such as free food and iPhones on battle-weary employees. But after those juicy carrots has come the stick.

"Like a team huddling before a game, there are moments in a company's development when getting everybody to physically huddle together is a very good thing," said Paul Saffo, head of foresight at Discern Analytics. "The question is at what cost."

Sources told AllThingsD that Mayer has grown frustrated because the Yahoo parking lot in Sunnyvale, Calif., was slow to fill up in the morning and quick to empty by 5 p.m. — something not typical of the hard-charging Silicon Valley rivals that Yahoo must beat to regain its perch.

Some observers speculated that Mayer was looking to trim unproductive workers without the costs associated with a layoff and in the process may have gotten more bad publicity than she bargained for.

Yahoo declined to comment on "internal matters."

British billionaire Richard Branson publicly criticized Mayer for being out of step with the modern workplace in a blog post: "Give people the freedom of where to work."

"This seems a backwards step in an age when remote working is easier and more effective than ever," Branson wrote.

The U.S. already lags behind the rest of the industrialized world in flexible work arrangements, said Jennifer Glass, a sociology professor and research associate in the Population Research Center at the University of Texas, Austin.

"It's sad to see a large employer go in this direction," Glass said. "There is no functional reason that people who work from home can't work just as productively as they do from the office."

Still, only a small percentage — about 2.5% — of American workers primarily work from home despite congested roadways, long commutes and the demands of caring for young children or elderly parents. But that number is growing at a rapid clip: up 66% from 2005 to 2010, according to Telework Research Network.

UCLA management professor David Lewin said the telecommuting ban is a risky step that could further damage Yahoo employee morale and performance and undermine recruiting efforts in a hotly competitive job market.

A 2011 study by WorldatWork also found that companies that embraced flexibility had lower turnover and higher employee satisfaction, motivation and engagement.

"This policy certainly goes against the grain," Lewin said. "That's one of the main reasons it is catching so much attention."

Mayer has some prominent defenders. Donald Trump praised her on Twitter, saying she's "right to expect Yahoo employees to come to the workplace vs. working at home."

Ironically, Silicon Valley takes much of the credit for the telecommuting boom. It makes the technology that helps workers plug in from anywhere they have an Internet connection.

But the unwritten rule at major Silicon Valley companies is: Just because you can work from anywhere doesn't mean you should. Most Silicon Valley companies such as Google and Facebook Inc. have informal policies allowing telecommuting, but they champion the concept of closeness. They design their campuses to encourage it with gourmet cafes dishing out free food and inviting, comfortable meeting rooms where employees can lounge and talk.

"The surprising question we get is: 'How many people telecommute at Google?' And our answer is: 'As few as possible,'" Patrick Pichette, Google's chief financial officer, said recently. "There is something magical about spending the time together."

jessica.guynn@latimes.com

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Airlines get early jump on fare hikes in 2013

When a trade group for corporate travel managers recently predicted airfares would rise in 2013, the group probably didn't expect the hikes to be launched so quickly.

Domestic airfares are expected to jump 4.6% in 2013, while international rates will probably rise 8.3%, according to a survey of travel managers by the GBTA Foundation, an arm of the Global Business Travel Assn.

The group attributed the increase to rising demand from companies ready to take advantage of new business opportunities in a strengthening economy.

Only a week after the group issued its prediction, Delta Air Lines Inc., the nation's second-largest air carrier, initiated a fare hike of $4 to $10, specifically designed to hit business travelers who book within seven days of their flight.

By the end of last week, every major carrier had matched Delta's increase, according to FareCompare, a website that keeps track of such hikes. JetBlue Airways Corp. expanded the hike to include flights booked beyond the seven-day period.

The increase is the first of 2013 to take hold.

If the past is any indication, expect to see new hikes every two months or so. In 2012, the nation's major airlines adopted seven hikes out of 15 attempts.

For hotel guests, water pressure is key concern

Despite all the money and effort hotels put into selecting comfortable beds and soft pillows, a new study suggests that hotel guests are more likely to choose a hotel based on the water pressure in the shower.

A Boston marketing and public relations company has analyzed what people say about hotels by studying more than 18,000 online conversations for a six-month period on various social websites, blogs and forums.

The company, Brodeur Partners, used for the first time what it calls "conversational relevance" to measure how much people talk about a hotel and how much of it is positive.

What do they say?

When it came to positive overall comments, the Hilton, Marriott and Four Seasons hotel chains got the highest scores in the study.

Conversations about the rooms centered around the size, followed by discussions about connectivity and technology, the study found. When guests had conversations about what they like to see or feel in the room, most of the talk was about the shower, specifically the water pressure, surpassing talk about the bed or the sheets.

Jerry Johnson, head of planning for Brodeur Partners, said the advantage of analyzing online conversations is that "you are measuring behavior. You are hearing real honest conversations."

Hotels, he said, may respond to the study by improving whatever hotel feature guests are saying is lacking, perhaps even installing new shower heads.

Hotel chain responds to online reviews

About three years ago, the economy hotel chain Red Roof Inn tested out a new in-room feature in its Columbus, Ohio, hotel.

In addition to installing outlets near the desks in the rooms, the hotel added several outlets on the nightstand so travelers could keep their portable devices charging near the bed.

By monitoring comments on the travel review website TripAdvisor, the hotel chain found that the extra plugs were a big hit with travelers. The hotel decided to install them throughout the chain.

"It's a simple thing but it's extremely meaningful to the traveler," hotel chain President Andy Alexander said.

For the third year in a row, Red Roof Inn recently earned the highest customer satisfaction score among economy hotels in an analysis by Market Metrix, a San Francisco Bay Area hotel market research company.

Alexander attributes the chain's high score to its efforts to follow and respond to online reviews.

It's because of guest comments, he said, that Red Roof has tried other improvements, such as installing wood floors in the rooms and vessel sinks in the bathrooms.

What's next? Alexander said the hotel chain offers free wireless Internet to all guests but might consider offering higher speed Wi-Fi to members of its loyalty program.

"You can't stand still," he said.

hugo.martin@latimes.com

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Affleck's 'Argo' wins best-picture Oscar

LOS ANGELES (AP) — Ben Affleck's "Argo," a film about a fake movie, has earned a very real prize: best picture at the Academy Awards.

In share-the-wealth mode, Oscar voters spread Sunday's honors among a range of films, with "Argo" winning three trophies but "Life of Pi" leading with four.

Daniel Day-Lewis became the first person to win three best-actor Oscars, the latest coming for "Lincoln," while "Hunger Games" star Jennifer Lawrence triumphed in Hollywood's big games as best actress for "Silver Linings Playbook."

Ang Lee pulled off a major upset, winning best director for the shipwreck story "Life of Pi," taking the prize over Steven Spielberg, who had been favored for "Lincoln." It was the second directing Oscar for Lee, who also won for "Brokeback Mountain."

The supporting-acting prizes went to Anne Hathaway for "Les Miserables" and Christoph Waltz for "Django Unchained." It was Waltz's second supporting-actor Oscar in a Quentin Tarantino film after previously winning for "Inglourious Basterds." Tarantino also earned his second Oscar, for the "Django" screenplay, a category he previously won for "Pulp Fiction."

From the White House, first lady Michelle Obama joined Jack Nicholson to help present the final prize to "Argo."

"I never thought I'd be back here, and I am because of so many of you in this academy," said Affleck, who shared a screenplay Oscar with pal Matt Damon 15 years earlier for their breakout film "Good Will Hunting."

Among the wisdom he's acquired since then: "You can't hold grudges — it's hard but you can't hold grudges."

Kind words for an academy that overlooked him for a directing nomination, making "Argo" just the fourth film in 85 years to win best picture when its director was not in the running.

Lawrence took a fall on her way to the stage, tripping on the steps.

"You guys are just standing up because you feel bad that I fell," Lawrence joked as the crowd gave her a standing ovation.

At 22, Lawrence is the second-youngest woman to win best actress, behind Marlee Matlin, who was 21 when she won for "Children of a Lesser God."

With a monumental performance as Abraham Lincoln, Day-Lewis added to the honors he earned for "My Left Foot" and "There Will Be Blood." He's just the sixth actor to earn three or more Oscars, tied with Meryl Streep, Jack Nicholson, Ingrid Bergman and Walter Brennan with three each, and just behind Katharine Hepburn, who won four.

"It's funny, because three years ago, we agreed to do this swap. I had actually been committed to play Margaret Thatcher," a role that earned Streep her third Oscar last year for "The Iron Lady," Day-Lewis said. "And Meryl was Steven's first choice for Lincoln. I'd like to see that version."

On a not-so typically predictable Oscar night, given Lee's win and Obama's appearance, the emcee duties came off stylishly as crude-humor master Seth MacFarlane was on his best behavior — mostly — as host.

And "Argo" completed a quest that took it from populist underdog to Hollywood titleholder in an awards-season journey as quixotic as the film's story line.

In Greek mythology, Argo was the name of the ship that took hero Jason and his Argonauts on their unlikely quest for the Golden Fleece that would elevate him to his rightful kingship. The real-life thriller "Argo" borrows the name as title for a phony sci-fi movie concocted by the CIA as cover to spring six U.S. diplomats from Iran during the hostage crisis that erupted in 1979.

Like the voyage of Jason and the rescue of the Americans, the Oscar journey of "Argo" was filled with obstacles.

It was a slick, optimistic film in a best-picture race that often favors sober, gloomier stories. Best-picture doom seemed to chime for "Argo" after Affleck missed out on a directing nomination.

Leading the Oscars with 12 nominations, "Lincoln" initially looked like the default favorite. Then "Argo" started collecting every prize in sight, winning top honors at the Golden Globes and guilds representing Hollywood directors, actors, producers and writers. Everyone loved "Argo," which managed to dominate awards season while coming across as the deserving underdog because of the directing snub for Affleck, who played nice and spent the time proclaiming his respect for the academy and endearing himself with self-effacing humor and humility.

Affleck said he was disappointed at his omission from the directing category. But he had a nice consolation prize with the first lady announcing the film's win.

"I was sort of hallucinating when that was happening," Affleck said backstage alongside fellow "Argo" producers George Clooney and Grant Heslov. "Honestly, I was just asking these two guys outside, was that Michelle Obama? ... Anyway, it was very cool."

Hathaway is the third performer in a musical to win supporting actress during the genre's resurgence in the last decade.

"It came true," said Hathaway, who joins 2002 supporting-actress winner Catherine Zeta-Jones for "Chicago" and 2006 recipient Jennifer Hudson for "Dreamgirls." Hathaway had warm thanks for "Les Miz" co-star Hugh Jackman, with whom she once sang a duet at the Oscars when he was the show's host.

"Life of Pi" also won for Mychael Danna's multicultural musical score that blends Indian and Western instruments and influences, plus cinematography and visual effects.

"I really want to thank you for believing this story and sharing this incredible journey with me," Lee said to all who worked on the film, a surprise blockbuster about a youth trapped on a lifeboat with a Bengal tiger.

"Argo" also claimed the Oscar for adapted screenplay for Chris Terrio, who worked with Affleck to create a liberally embellished story based on an article about the rescue and part of CIA operative Tony Mendez's memoir.

Terrio dedicated the award to Mendez, saying "33 years ago, Tony, using nothing but his creativity and his intelligence, Tony got six people out of a bad situation."

The foreign-language prize went to Austrian filmmaker Michael Haneke's old-age love story "Amour," which tells the agonizing story of an elderly man (Jean-Louis Trintignant) tending his wife (Emmanuelle Riva) as she declines from age and illness.

The Scottish adventure "Brave," from Disney's Pixar Animation unit, was named best animated feature. Pixar films have won seven of the 12 Oscars since the category was added.

The upbeat musical portrait "Searching for Sugar Man" took the documentary feature prize. The film follows the quest of two South African fans to discover the fate of acclaimed but obscure singer-songwriter Sixto Rodriguez, who dropped out of sight after two albums in the 1970s and was rumored to have died a bitter death.

There was a rare tie in one category, with the Osama bin Laden thriller "Zero Dark Thirty" and the James Bond tale "Skyfall" each winning for sound editing.

William Shatner made a guest appearance as his "Star Trek" character Capt. James Kirk, appearing on a giant screen above the stage during MacFarlane's monologue, saying he came back in time to stop the host from ruining the Oscars.

"Your jokes are tasteless and inappropriate, and everyone ends up hating you," said Shatner, who revealed a headline supposedly from the next day's newspaper that read, "Seth MacFarlane worst Oscar host ever."

The performance-heavy Oscars also included an opening number featuring Charlize Theron and Channing Tatum, who did a classy dance while MacFarlane crooned "The Way You Look Tonight." Daniel Radcliffe and Joseph Gordon-Levitt then joined MacFarlane for an elegant musical rendition of "High Hopes."

Halle Berry introduced a tribute to the Bond franchise, in which she has co-starred, as the British super-spy celebrated his 50th anniversary on the big-screen last year with the latest adventure "Skyfall." Shirley Bassey sang her theme song to the 1960s Bond tale "Goldfinger." Later, pop star Adele performed her theme tune from "Skyfall," which won the best-song Oscar.

A salute to the resurgence of movie musicals in the last decade included Oscar winners Zeta-Jones singing "All That Jazz" from "Chicago" and Hudson doing "And I Am Telling You I'm Not Going" from "Dreamgirls." Hathaway and Jackman joined cast mates of best-picture contender "Les Miserables" to sing songs from their musical.

Academy officials said all performances were sung live.

Fans had pondered how far MacFarlane, the impudent creator of "Family Guy," might push the normally prim and proper Oscars. MacFarlane was generally polite and respectful, though he pressed his luck a bit on an Abraham Lincoln joke.

"I would argue that the actor who really got inside Lincoln's head was John Wilkes Booth," MacFarlane wisecracked, earning some groans from the crowd. "A hundred and 50 years later, and it's still too soon?"

___

Online: http://www.oscars.org

___

AP writers Christy Lemire, Lynn Elber, Hannah Dreier, Ryan Nakashima, Sandy Cohen, Beth Harris and Anthony McCartney contributed to this report.

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‘Bloodless’ Lung Transplants for Jehovah’s Witnesses

Eric Kayne for The New York Times

SHARING HOME AND FAITH A Houston couple hosted Gene and Rebecca Tomczak, center, in October so she could get care nearby.

HOUSTON — Last April, after being told that only a transplant could save her from a fatal lung condition, Rebecca S. Tomczak began calling some of the top-ranked hospitals in the country.

She started with Emory University Hospital in Atlanta, just hours from her home near Augusta, Ga. Then she tried Duke and the University of Arkansas and Johns Hopkins. Each advised Ms. Tomczak, then 69, to look somewhere else.

The reason: Ms. Tomczak, who was baptized at age 12 as a Jehovah’s Witness, insisted for religious reasons that her transplant be performed without a blood transfusion. The Witnesses believe that Scripture prohibits the transfusion of blood, even one’s own, at the risk of forfeiting eternal life.

Given the complexities of lung transplantation, in which transfusions are routine, some doctors felt the procedure posed unacceptable dangers. Others could not get past the ethics of it all. With more than 1,600 desperately ill people waiting for a donated lung, was it appropriate to give one to a woman who might needlessly sacrifice her life and the organ along with it?

By the time Ms. Tomczak found Dr. Scott A. Scheinin at The Methodist Hospital in Houston last spring, he had long since made peace with such quandaries. Like a number of physicians, he had become persuaded by a growing body of research that transfusions often pose unnecessary risks and should be avoided when possible, even in complicated cases.

By cherry-picking patients with low odds of complications, Dr. Scheinin felt he could operate almost as safely without blood as with it. The way he saw it, patients declined lifesaving therapies all the time, for all manner of reasons, and it was not his place to deny care just because those reasons were sometimes religious or unconventional.

“At the end of the day,” he had resolved, “if you agree to take care of these patients, you agree to do it on their terms.”

Ms. Tomczak’s case — the 11th so-called bloodless lung transplant attempted at Methodist over three years — would become the latest test of an innovative approach that was developed to accommodate the unique beliefs of the world’s eight million Jehovah’s Witnesses but may soon become standard practice for all surgical patients.

Unlike other patients, Ms. Tomczak would have no backstop. Explicit in her understanding with Dr. Scheinin was that if something went terribly wrong, he would allow her to bleed to death. He had watched Witness patients die before, with a lifesaving elixir at hand.

Ms. Tomczak had dismissed the prospect of a transplant for most of the two years she had struggled with sarcoidosis, a progressive condition of unknown cause that leads to scarring in the lungs. The illness forced her to quit a part-time job with Nielsen, the market research firm.

Then in April, on a trip to the South Carolina coast, she found that she was too breathless to join her frolicking grandchildren on the beach. Tethered to an oxygen tank, she watched from the boardwalk, growing sad and angry and then determined to reclaim her health.

“I wanted to be around and be a part of their lives,” Ms. Tomczak recalled, dabbing at tears.

She knew there was danger in refusing to take blood. But she thought the greater peril would come from offending God.

“I know,” she said, “that if I did anything that violates Jehovah’s law, I would not make it into the new system, where he’s going to make earth into a paradise. I know there are risks. But I think I am covered.”

Cutting Risks, and Costs

The approach Dr. Scheinin would use — originally called “bloodless medicine” but later re-branded as “patient blood management” — has been around for decades. His mentor at Methodist, Dr. Denton A. Cooley, the renowned cardiac pioneer, performed heart surgery on hundreds of Witnesses starting in the late 1950s. The first bloodless lung transplant, at Johns Hopkins, was in 1996.

But nearly 17 years later, the degree of difficulty for such procedures remains so high that Dr. Scheinin and his team are among the very few willing to attempt them.

In 2009, after analyzing Methodist’s own data, Dr. Scheinin became convinced that if he selected patients carefully, he could perform lung transplants without transfusions. Hospital administrators resisted at first, knowing that even small numbers of deaths could bring scrutiny from federal regulators.

“My job is to push risk away,” said Dr. A. Osama Gaber, the hospital’s director of transplantation, “so I wasn’t really excited about it. But the numbers were very convincing.”

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Herbalife is global giant with business model in question

Stock spotlight is a new weekly feature that will profile a notable, public company.

The company: Herbalife Ltd.

Headquarters: Los Angeles

Ticker: HLF

Employees: 6,200 employees and 3.2 million independent distributors worldwide

Revenue: $4.1 billion in 2012

Net Income: $477 million in 2012

Stock Price: $36.79 at Friday's close

52-week range: $24.24 to $73

Annual dividend: $1.20 a share annually, a current yield of about 3%

P/E Ratio: $7.87, based on 2013 estimated earnings

The business: The company sells weight-loss, nutrition, hair- and skin-care products in more than 80 countries, utilizing independent distributors who profit from their own sales and sales from others they recruit into the business. Its top-selling product is cookies and cream flavor Formula 1, a high-protein, meal-replacement shake mix. Herbalife does very little mainstream advertising and does not sell products in retail stores. Instead it relies on a network of independent distributors who recruit customers, counsel them about nutrition and fitness and sell them products. The company recently agreed to a $44-million, 10-year deal to sponsor the Los Angeles Galaxy professional soccer team, one of many professional sports clubs it supports around the world.

The latest: Wall Street veterans say they've never seen a fight like this. Noted hedge fund managers Bill Ackman and Carl Icahn have engaged in a heated debate about Herbalife's business model, with billions of dollars at stake. Ackman has taken a $1-billion "short position" against the company's shares, meaning he'll profit if the stock price drops. In a slick, multimedia pitch on Wall Street, Ackman contended that the company is a well-disguised pyramid scheme. He said the vast majority of the company's independent distributors make little money or lose money, while a fortunate few get rich off commissions they receive for recruiting others into the business. Ackman said he expects Herbalife's shares to hit zero. Icahn said he has purchased nearly 13% of the company's shares and planned to talk to executives about strategies to increase its profitability, including taking it private. Herbalife acknowledged discussions with Icahn but did not elaborate. The company insists its business model is completely legal. Herbalife said it sells products that help people live healthy lives while giving entrepreneurs an opportunity to build their own businesses.

Accomplishments: The company reported record sales and profit in 2012 and said it expects things to improve in 2013. It has mountains of available cash, pays a decent dividend and repurchased 15 million — or more than 10% — of its shares in little more than a year.

Challenges: Herbalife shares have been extremely volatile in the last nine months, plunging more than 40% in the days after Ackman's attack, and falling 20% in a single day in May after hedge fund manager David Einhorn questioned the company's business model. Herbalife has acknowledged it is under review by the Securities and Exchange Commission. The Federal Trade Commission released dozens of complaints it has received about Herbalife in recent years. Neither agency has confirmed an investigation.

Analyst opinions: Seven analysts have the stock as a buy or strong buy, while four have it as hold. The average one-year target price is about $58 a share.

Voices: "Our belief remains steadfast that Herbalife operates a perfectly legal multilevel marketing model that has proven particularly efficacious in the weight-loss category.... Herbalife's sustained growth and 30-plus year history in a highly regulated industry indicate a legitimate business [because] pyramid schemes are unsustainable." — Scott Van Winkle, analyst, Canaccord Genuity;

"Buckle up, it's going to be bumpy.... We are maintaining our overweight, but recognize that the stock is not for the faint of heart. We expect Mr. Ackman to continue to make noise on his short thesis, however, and for the potential for an FTC investigation to be an overhang on the stock for the indefinite future." — Brian Wang, analyst, Barclays Capital;

"It is clear that over time Herbalife is answering the questions that need to be answered and providing greater clarity around their business model — one that we see as simple but effective. We think it logical that, as these questions are finally answered to the investment community's satisfaction, the shares will trade, finally to the premium valuation we believe it deserves. The scarlet letter it wears today in the minds of the short seller community will be removed." — Timothy Ramey, analyst, D.A. Davidson & Co.

stuart.pfeifer@latimes.com

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Athletes cash in on California's workers' comp

SACRAMENTO — In his seven-year career with the Denver Broncos, running back Terrell Davis, a former Super Bowl Most Valuable Player, dazzled fans with his speed and elusiveness.

At the end of his rookie year in 1995, he signed a $6.8-million, five-year contract. Off the field he endorsed Campbell's soup. And when he hung up his cleats, he reported for the National Football League Network and appeared in movies and TV shows.

So it may surprise Californians to find out that in 2011, Davis got a $199,000 injury settlement from a California workers' compensation court for injuries related to football. This came despite the fact Davis was employed by a Colorado team and played just nine times in California during an 88-game career, according to the NFL.

Davis was compensated for the lifelong effects of multiple injuries to the head, arms, trunk, legs and general body, according to California workers' compensation records.

He is not alone.

Over the last three decades, California's workers' compensation system has awarded millions of dollars in benefits for job-related injuries to thousands of professional athletes. The vast majority worked for out-of-state teams; some played as little as one game in the Golden State.

All states allow professional athletes to claim workers' compensation payments for specific job-related injuries — such as a busted knee, torn tendon or ruptured spinal disc — that happened within their borders. But California is one of the few that provides additional payments for the cumulative effect of injuries that occur over years of playing.

A growing roster of athletes are using this provision in California law to claim benefits. Since the early 1980s, an estimated $747 million has been paid out to about 4,500 players, according to an August study commissioned by major professional sports leagues. California taxpayers are not on the hook for these payments. Workers' compensation is an employer-funded program.

Now a major battle is brewing in Sacramento to make out-of-state players ineligible for these benefits, which are paid by the leagues and their insurers. They have hired consultants and lobbyists and expect to unveil legislation next week that would halt the practice.

"The system is completely out of whack right now," said Jeff Gewirtz, vice president of the Brooklyn Nets — formerly the New Jersey Nets — of the National Basketball Assn.

Major retired stars who scored six-figure California workers' compensation benefits include Moses Malone, a three-time NBA most valuable player with the Houston Rockets, Philadelphia 76ers and other teams. He was awarded $155,000. Pro Football Hall of Fame wide receiver Michael Irvin, formerly with the Dallas Cowboys, received $249,000. The benefits usually are calculated as lump-sum payments but sometimes are accompanied by open-ended agreements to provide lifetime medical services.

Players, their lawyers and their unions plan to mount a political offensive to protect these payouts.

Although the monster salaries of players such as Los Angeles Lakers guard Kobe Bryant and Denver Broncos quarterback Peyton Manning make headlines, few players bring in that kind of money. Most have very short careers. And some, particularly football players, end up with costly, debilitating injuries that haunt them for a lifetime but aren't sufficiently covered by league disability benefits.

Retired pros increasingly are turning to California, not only because of its cumulative benefits but also because there's a longer window to file a claim. The statute of limitations in some states expires in as little as a year or two.

"California is a last resort for a lot of these guys because they've already been cut off in the other states," said Mel Owens, a former Los Angeles Rams linebacker-turned-workers' compensation lawyer who has represented a number of ex-players.

To understand how it works, consider the career of Ernie Conwell. A former tight end for the St. Louis Rams and New Orleans Saints, he was paid $1.6 million for his last season in 2006.

Conwell said that during his 11-year career, he underwent about 18 surgeries, including 11 knee operations. Now 40, he works for the NFL players union and lives in Nashville.

Hobbled by injuries, he filed for workers' compensation in Louisiana and got $181,000 in benefits to cover his last, career-ending knee surgery in 2006, according to the Saints. The team said it also provided $195,000 in injury-related benefits as part of a collective-bargaining agreement with the players union.

But such workers' compensation benefits paid by Louisiana cover only specific injuries. So, to deal with what he expects to be the costs of ongoing health problems that he said affect his arms, legs, muscles, bones and head, Conwell filed for compensation in California and won.

Even though he played only about 20 times in the state over his professional career, he received a $160,000 award from a California workers' compensation judge plus future medical benefits, according to his lawyer. The Saints are appealing the judgment.

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Dozens of stars rehearse day before Oscar ceremony

LOS ANGELES (AP) — Some dressed down in jeans and hoodies. Others looked camera-ready in suits or chic dresses and spiky stilettos.

But no matter how they looked, all of the stars who rehearsed Saturday for the 85th Academy Awards seemed excited about being a part of the big show.

They paraded through the Dolby Theatre in 15-minute increments: Meryl Streep. Ben Affleck. Reese Witherspoon. Richard Gere. Jennifer Aniston. John Travolta. Nicole Kidman. Jack Nicholson. And dozens more.

Each practiced their lines in front of an audience of show workers and awarded prop Oscars to rehearsal actors. They also scanned the theater from the stage, searching for their show-night seats.

"Oh, wow. That's a very dramatic picture of me," best-actress nominee Jessica Chastain said after spotting her seat-saving placard. "I'm looking at everyone's headshots. It's kind of incredible."

Affleck confessed his excitement from the stage as he looked out at all the famous faces expected Sunday.

"This is like the most memorable aspect of the Oscars," the "Argo" director said. "You see all these place cards (at rehearsal), then you come back and they're all here!"

Affleck also chatted backstage with the college film students who won a contest to serve as trophy carriers during the ceremony.

"I love that," he said. "It's super cool."

Travolta spent time with the students, too.

"I was there when that idea was born and I said it was the best idea they could possibly come up with," he told the aspiring filmmakers backstage. "And here you are!"

Travolta plans to bring his 13-year-old daughter, Ella Bleu, to the ceremony.

Kidman made rehearsals a family affair. Husband Keith Urban and their eldest daughter, Sunday, watched from the audience as Kidman ran through her lines.

She looked impeccable in a wine-colored dress and tall metallic shoes, but other stars were decidedly more casual. Kristen Stewart arrived in jeans, sneakers and a backward ball cap. (She also limped on an injured right foot.) Renee Zellweger also opted for comfort in jeans and running shoes.

The cast of "Chicago," including Gere, Zellweger, Queen Latifah and Catherine Zeta-Jones, injected their rehearsal with silliness. Latifah purposely over-enunciated her lines, and when a pair of rehearsal actors claimed an Oscar onstage and gave an acceptance speech, Zeta-Jones started to play them off with an imaginary violin.

"Get outta here!" Gere said with a smile.

Octavia Spencer, who won the supporting actress Oscar last year for her performance in "The Help," also had a little fun.

"I'm going to do a soft-shoe," she said, shuffling off stage.

Streep and Jane Fonda were each wowed by the set design. Fonda snapped a photo with her iPhone, and Streep marveled at how far the walk to the microphone was.

"All the way to here?!" she asked. "Oh my God."

Halle Berry literally stumbled during her first rehearsal, her pointy heel catching on part of the stage. She insisted on trying again.

"Woo hoo," she said. "Made it."

___

AP Entertainment Writer Sandy Cohen is on Twitter: www.twitter.com/APSandy .

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The Texas Tribune: Advocates Seek Mental Health Changes, Including Power to Detain

Matt Rainwaters for Texas Monthly

The Sherman grave of Andre Thomas’s victims.

SHERMAN — A worried call from his daughter’s boyfriend sent Paul Boren rushing to her apartment on the morning of March 27, 2004. He drove the eight blocks to her apartment, peering into his neighbors’ yards, searching for Andre Thomas, Laura Boren’s estranged husband.

Expanded coverage of Texas is produced by The Texas Tribune, a nonprofit news organization. To join the conversation about this article, go to texastribune.org.

For more articles on mental health and criminal justice in Texas, as well as a timeline of the Andre Thomas case: texastribune.org

Matt Rainwaters for Texas Monthly

Laura Boren

He drove past the brightly colored slides, swings and bouncy plastic animals in Fairview Park across the street from the apartment where Ms. Boren, 20, and her two children lived. He pulled into a parking spot below and immediately saw that her door was broken. As his heart raced, Mr. Boren, a white-haired giant of a man, bounded up the stairwell, calling out for his daughter.

He found her on the white carpet, smeared with blood, a gaping hole in her chest. Beside her left leg, a one-dollar bill was folded lengthwise, the radiating eye of the pyramid facing up. Mr. Boren knew she was gone.

In a panic, he rushed past the stuffed animals, dolls and plastic toys strewn along the hallway to the bedroom shared by his two grandchildren. The body of 13-month-old Leyha Hughes lay on the floor next to a blood-spattered doll nearly as big as she was.

Andre Boren, 4, lay on his back in his white children’s bed just above Leyha. He looked as if he could have been sleeping — a moment away from revealing the toothy grin that typically spread from one of his round cheeks to the other — except for the massive chest wound that matched the ones his father, Andre Thomas (the boy was also known as Andre Jr.), had inflicted on his mother and his half-sister as he tried to remove their hearts.

“You just can’t believe that it’s real,” said Sherry Boren, Laura Boren’s mother. “You’re hoping that it’s not, that it’s a dream or something, that you’re going to wake up at any minute.”

Mr. Thomas, who confessed to the murders of his wife, their son and her daughter by another man, was convicted in 2005 and sentenced to death at age 21. While awaiting trial in 2004, he gouged out one of his eyes, and in 2008 on death row, he removed the other and ate it.

At least twice in the three weeks before the crime, Mr. Thomas had sought mental health treatment, babbling illogically and threatening to commit suicide. On two occasions, staff members at the medical facilities were so worried that his psychosis made him a threat to himself or others that they sought emergency detention warrants for him.

Despite talk of suicide and bizarre biblical delusions, he was not detained for treatment. Mr. Thomas later told the police that he was convinced that Ms. Boren was the wicked Jezebel from the Bible, that his own son was the Antichrist and that Leyha was involved in an evil conspiracy with them.

He was on a mission from God, he said, to free their hearts of demons.

Hospitals do not have legal authority to detain people who voluntarily enter their facilities in search of mental health care but then decide to leave. It is one of many holes in the state’s nearly 30-year-old mental health code that advocates, police officers and judges say lawmakers need to fix. In a report last year, Texas Appleseed, a nonprofit advocacy organization, called on lawmakers to replace the existing code with one that reflects contemporary mental health needs.

“It was last fully revised in 1985, and clearly the mental health system has changed drastically since then,” said Susan Stone, a lawyer and psychiatrist who led the two-year Texas Appleseed project to study and recommend reforms to the code. Lawmakers have said that although the code may need to be revamped, it will not happen in this year’s legislative session. Such an undertaking requires legislative studies that have not been conducted. But advocates are urging legislators to make a few critical changes that they say could prevent tragedies, including giving hospitals the right to detain someone who is having a mental health crisis.

From the time Mr. Thomas was 10, he had told friends he heard demons in his head instructing him to do bad things. The cacophony drove him to attempt suicide repeatedly as an adolescent, according to court records. He drank and abused drugs to try to quiet the noise.

bgrissom@texastribune.org

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Jason Bateman gives Ernest Borgnine's estate a new identity

Markus Canter and Cristie St. James, who share the title luxury properties director at Prudential in Beverly Hills, like Jason Bateman's real estate sense. The actor got privacy, potential and a knoll location for $3 million.

Actor Jason Bateman and his wife, actress Amanda Anka, are dropping anchor in the Beverly Crest area with the purchase of the estate of Ernest Borgnine for $3 million.

The gated country English compound sits on a half-acre knoll. The 6,148-square-foot home features a formal entry hall, a grand staircase, a paneled library, an office, a den, six bedrooms and seven bathrooms. There is a guesthouse and a swimming pool.

Bateman, 44, stars in the comic film "Identity Thief," released this month. He is known to generations of TV viewers for his roles in "Arrested Development" (2003-present) and "Valerie," later retitled "The Hogan Family" (1986-91). Anka, 44, has appeared in "Bones" (2008), "Notes From the Underbelly" (2007) and "Beverly Hills, 90210" (1996).

Borgnine, who died last year at 95, is remembered for his Oscar-winning performance in "Marty" (1955) and his work in the title role as commander of a madcap crew in the sitcom "McHale's Navy" (1962-65). Until 2011 he was the voice of Mermaidman on "SpongeBob SquarePants."

The estate came on the market in October for the first time in 60 years priced at $3.395 million.

Billy Rose, Paul Lester and Aileen Comora of the Agency in Beverly Hills were the listing agents. Richard Ehrlich of Westside Estate Agency represented the buyers.

Where pair spent days of their lives

Soap star Peter Reckell and his wife, singer Kelly Moneymaker, have sold their custom-built, eco-friendly home in Brentwood for $3.35 million.

Before building the 3,345-square-foot house, the couple had the existing home on the site torn down, crated and shipped to Mexico for reuse by Habitat for Humanity. Then they designed and built a three-bedroom, four-bathroom contemporary that uses solar power.

Green elements include a photovoltaic system with battery backup, skylights, recycled glass terrazzo floors with radiant heating, recycled denim and organic cotton insulation, bamboo cabinets and doors, a roof garden and a water reclamation system.

A temperature-controlled wine cave and a recording studio are among other features.

Along with an indoor/outdoor koi pond, a meditation fountain and a solar infinity pool, outdoor amenities include a 16th century East Indian temple that was turned into a pavilion.

"This is my sanctuary," Reckell said. It frames views of the Santa Monica Mountains Conservancy.

Reckell, 57, played Bo Brady on "Days of Our Lives" from 1983 through last year. The show began in 1965. He also appeared in "Knots Landing" (1988-89). He is an avid environmentalist and bikes to work.

Moneymaker, 42, is a former member of the music group Exposé. She was inspired to build an environmentally friendly home because the carpet and other elements in the old house bothered her allergies and affected her voice.

Public records show they bought the property in 2003 for $1.14 million.

Daniel Banchik of Prudential's West Hollywood office was the listing agent. Scott Segall of John Aaroe Group represented the buyer.

Another rock owner for home

Hard Rock Cafe co-founder Peter Morton has made his mark on L.A.'s real estate scene of late, buying the old Elvis Presley estate in Beverly Hills at year-end for $9.8 million.

But flying under the radar was his bigger off-market purchase midyear for a property in Bel-Air at $25 million, public records show. Area real estate agents not involved in the transaction say Morton plans to take down the existing home and build another on the site. The estate had belonged to Joseph Farrell, who founded National Research Group Inc. in 1978 and brought market testing to Hollywood. Farrell died in December 2011.

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