Vaughn gets 4 life terms for killing wife, 3 children









A Will County judge gave a life sentence this morning to Christopher Vaughn, the Oswego man convicted of killing his wife and three children in 2007.


Vaughn, who looked back over his shoulder at his family as he was led away, was sentenced to four consecutive life terms in prison by Judge Daniel Rozak.


"Our hearts ache with the knowledge that they were priceless to everyone but the one man who should have loved them more than their own life," said Jennifer Ledbetter, Kimberly Vaughn's twin sister, while fighting to hold back tears on the stand during victim impact statements.





Christopher Vaughn read along as victim impact statements from four members of Kimberly's family were read. Prosecutors read two and Ledbetter and Kimberly's mother read theirs.


Vaughn showed no emotion but seemed to wipe his eyes several times as Ledbetter read her statement.


In a matter-of-fact tone, Kimberly's mom, Susan Phillips, called Vaughn "a selfish coward" who instead of divorce had "destroy(ed) the very best thing that he had, a loving wife and three amazing children" and caused incredible pain for the surviving family.


Vaughn had been scheduled to be sentenced Monday for the 2007 slayings of his wife and three children, ages 12, 11 and 8, who were shot in the Oswego family's SUV on what Vaughn had said was a trip to a Springfield water park.

But Rozak halted Vaughn's sentencing so he could review transcripts and television broadcast reports before ruling on the motion for a new trial. The courtroom was packed with Vaughn's family, his wife's family, reporters and at least three jurors from the trial.


Earlier this morning, Rozak denied the novel motion for a new trial, saying he did not believe the "antics" from another high-profile murder trial next door prejudiced the jury.


Vaughn's September trial overlapped with the trial of Drew Peterson, the former Bolingbrook police sergeant convicted of killing his third wife.  Vaughn's attorney, George Lenard, argued that part of the reason his client didn't get a fair trial was because the press conferences held by Peterson's lawyers outside the courthouse damaged his own credibility as a defense attorney.


But Rozak said he had admonished jurors to avoid all news coverage during the trial.


Also, Rozak said any comparisons he heard between the two defense teams characterized Lenard as "the second coming of Clarence Darrow while the others were like a rerun of Mo Howard in 'Disorder in the Court.' "


Lenard, who cited 51 grounds for a new trial, began his more than two-hour oral argument Monday by taking some shots at former Peterson co-counsel Joel Brodsky.

Lenard criticized a news conference held by Peterson's new defense team that he said seemed to mock the disappearance of Peterson's fourth wife, Stacy. Prosecutors believe Peterson killed Stacy, but he has not been charged. He was tried this summer for the 2004 drowning of his third wife, Kathleen Savio.

"That gave criminal defense attorneys — all of us — a black eye," Lenard told the judge, saying jurors may have been so disgusted by this "show" that they were unfairly prejudiced against Vaughn's defense team.

"I think they need to apologize about what they said out there," Lenard later told reporters outside the courthouse.

Prosecutors called the argument "unbelievable," and Peterson attorney Joe Lopez tweeted it was "hilarious to blame us for his loss."

"It's unbelievable that the Drew Peterson case would find itself in the Christopher Vaughn case," Assistant State's Attorney Mike Fitzgerald said.

"If they thought the Drew Peterson trial was going to be an influence, why didn't they do something about it at the time?"

Lenard said he never expected media coverage of the two trials to overlap. He also cited as grounds for a new trial closing arguments that he said were a "personal attack" against him and the speed with which jurors returned a verdict.

Fitzgerald said jurors might have returned a verdict in less than an hour because they found the evidence of Vaughn's guilt "overwhelming."

Lenard said that in his 28 years of practicing law, he's never before seen jurors return a verdict so quickly without asking to review evidence.

"I don't know exactly what it is that they were thinking, but 45 minutes and not asking for any exhibits, not wanting to hear any testimony, that's extremely rare. I've never had that situation before and that's odd."


sschmadeke@tribune.com


Twitter: @ChicagoBreaking



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Nintendo says more than 400,000 Wii Us sold in US












NEW YORK (AP) — Nintendo has sold more than 400,000 of its new video game console, the Wii U, in its first week on sale in the U.S., the company said Monday.


The Wii U launched on Nov. 18 in the U.S. at a starting price of $ 300. Nintendo said the sales figure, based on internal estimates, is through Saturday, or seven days later.












The Wii U is the first major game console to launch in six years. It comes with a new touch-screen controller that promises to change how people play games by offering different people in the same room a different experience, depending on the controller used.


Six years ago, Nintendo Co. sold 475,000 of the original Wii in that console’s first seven days in stores, according to data from the NPD Group. The original Wii remains available, and Nintendo said it sold more than 300,000 of them last week, along with roughly 250,000 handheld Nintendo 3DS units and about 275,000 of the Nintendo DS.


At this early stage, demand isn’t the only factor dictating how many consoles are sold. Supply is, too. This means it’s likely that more people wanted to buy the Wii U in the first week than those who were able to. The original Wii was in short supply more than a year after it went on sale.


As of Monday afternoon, the website of Best Buy Co. was sold out of the Wii U. Video game retailer GameStop Corp. said there was at least a three day wait for a deluxe Wii U, which costs $ 350, has more memory and comes with a game called “Nintendo Land.” GameStop still had the basic, $ 300 version available.


Wedbush analyst Michael Pachter estimates that Nintendo will ship 1 million to 1.5 million Wii Us in the U.S. through the end of January.


Gaming News Headlines – Yahoo! News


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New Jersey’s Christie, more popular than ever, seeks re-election












NEW YORK (Reuters) – New Jersey Governor Chris Christie, a Republican star who has enjoying record-high popularity for his hands-on approach to Superstorm Sandy, on Monday filed papers announcing his intention to seek a second term next November.


Christie, a popular surrogate on Republican Mitt Romney‘s failed presidential campaign, delivered the keynote address at the Republican National Convention this summer and is considered a popular choice to run for president in 2016.












Despite his popularity on the national stage, Christie – known for his blunt, sometimes over-the-top style – has sometimes struggled to win over his constituents in liberal New Jersey, where Democrats control both houses of the legislature.


Since Sandy tore through the state on October 29, laying waste to large stretches of the Jersey Shore, Christie’s approval rating has jumped 19 percentage points.


Christie appeared to set politics aside, touring the damage with Democratic President Barack Obama days before November 6 Election Day, and showing a personal touch with residents who lost their homes or loved ones in the storm.


Christie has a 67 percent favorability rating among registered voters, up from 48 percent in October, according to the Rutgers-Eagleton poll.


Since taking office three years ago, Christie’s signature achievement has been a 2011 law that made sweeping changes to the state’s pensions and health benefits for state workers.


(Reporting by Edith Honan; Editing by Jackie Frank)


Celebrity News Headlines – Yahoo! News


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Imaging Shows Progressive Damage by Parkinson’s





For the first time, researchers at the Massachusetts Institute of Technology report, brain imaging has been able to show in living patients the progressive damage Parkinson’s disease causes to two small structures deep in the brain.




The new technique confirms some ideas about the overall progress of the disease in the brain. But the effects of Parkinson’s vary in patients, the researchers said, and in the future, the refinement in imaging may help doctors monitor how the disease is affecting different people and adjust treatment accordingly.


The outward symptoms and progress of Parkinson’s disease — tremors, stiffness, weakness — have been well known since James Parkinson first described them in 1817. But its progress in the brain has been harder to document.


Some of the structures affected by the disease have been buried too deep to see clearly even with advances in brain imaging. An important recent hypothesis about how the disease progresses was based on the examinations of brains of patients who had died.


Now, a group of scientists at M.I.T. and Massachusetts General Hospital report that they have worked out a way to combine four different sorts of M.R.I. to get clear pictures of damage to two brain structures in people living with Parkinson’s. In doing so, they have added support to one part of the recent hypothesis, which is that the disease first strikes an area involved in movement and later progresses to a higher part of the brain more involved in memory and attention.


Suzanne Corkin, a professor emerita of behavioral neuroscience at M.I.T. and the senior author on the paper published online Monday in The Archives of Neurology, said that this progression was part of the hypothesis put forward in 2003 by Heiko Braak, a German neuroscientist, based on autopsies.


But, she said, because of the limits of brain imaging, “nobody could test this in living patients.”


David A. Ziegler, who was at M.I.T. when the research was done, and is now a postdoctoral researcher at the University of California, San Francisco, said that the study, of 29 patients with Parkinson’s and 27 healthy patients of roughly the same age, showed that the peanut-sized substantia nigra lost volume first, and another structure called the basal forebrain, involved in memory and attention, was struck later.


Glenda Halliday, a neuroscientist at Neuroscience Research Australia and the University of New South Wales, who was not involved in the study, said the paper confirmed “the progression of degeneration in two important affected brain regions in people with Parkinson’s.”


Dr. Corkin, Dr. Ziegler and their colleagues developed a way to use four different varieties of M.R.I. — each using different settings on the same machine — to come up with four different images that could be used to form one image that showed structures deep in the brain like the substantia nigra, long known to be important in Parkinson’s.


The disease kills brain cells, shrinking the parts of the brain that it affects, and the comparative study showed that the reduction in size of the substantia nigra showed up in early stage Parkinson’s patients, compared with a healthy group.


The reduction in size in the basal forebrain, compared with the healthy group, did not show up in the patients in the early stage, but was clear in patients in the later stage.


“This is a project we’ve been working on in our lab for years,” she said. A next step, already in progress, is to correlate damage to specific brain structures with symptoms.


Parkinson’s, she said, is a disease that shows the same broad outlines of development in most patients, but with considerable variation. Dementia may arrive early or may not appear. The M.R.I. technique described in the paper, she said, might help tease out what is going on in the brain in subgroups of Parkinson’s patients that show different symptoms and could influence treatment.


One important difference between the two brain structures is that damage to the substantia nigra decreases production of the neurotransmitter dopamine, while a smaller basal forebrain would reduce the production of a different chemical, acetylcholine.


The research is just one step, Dr. Ziegler said. One of the “big outstanding questions,” he said, is whether all patients will eventually get dementia.


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Holiday sales soar on Cyber Monday









Web shopping soared on Cyber Monday, continuing a strong start to the holiday season.

Online sales were up 26.6 percent from last year by Monday evening, according to IBM Digital Analytics Benchmark, which tracks data from 500 retail sites. ComScore meanwhile, expected online sales to hit a record of about $1.5 billion by day's end.

Cyber Monday has become the biggest online shopping day in recent years as employees head back to the office but continue to cybershop for holiday gifts. The growth of smartphones and tablets has only increased that ability, an opportunity Web retailers have been eager to exploit.

This year, retailers aggressively pushed "Pre-Black Friday" promotions and flooded consumers with emails touting good deals in the days before Thanksgiving. As a result, the big shopping days of Thanksgiving, Black Friday and Cyber Monday have blurred into a sale-laden week.

Some retail analysts had worried that strong online sales growth on Thanksgiving Day and Black Friday would entice shoppers to buy earlier, threatening revenue later in the season.

"So far, that is not the case," said Jay Henderson, the strategy director for IBM Smarter Commerce. "Extending the shopping season has really just fueled additional online spending rather than cannibalizing days later in the season."

Sales across Amazon.com, the largest online retailer, had risen 52 percent from the previous year by midmorning Monday, according to ChannelAdvisor, which offers services to third-party sellers on e-commerce sites. Meanwhile, eBay sales volume increased 57 percent, the firm said.

The average online order size on Cyber Monday was $130.30. That was down from almost $200 during the whole of Cyber Monday last year, according to IBM.

But Monday's discounts on the websites of bricks -and-mortar retailers weren't necessarily as broad or as deep as consumers could find if they shopped in the days before, according to Michael Brim, founder of deal site BFAds.net. "We're not seeing across the board the lowest prices like we do on Black Friday or Thanksgiving," he said. "It's better than the average weekly sales, but it's not on the level of Black Friday … yet," he said.

Most retailers — about 97 percent — were expected to offer Cyber Monday deals this year, up from 90 percent last year, according to the National Retail Federation. That means good deals were there for the finding on sites that might not normally have sales, Brim said.

Laptops and apparel at specialty sites were popular items Monday, Brim said.

Amazon offered $30 off its 7-inch Kindle Fire tablet, which usually sells for $159. The deal was available only on Cyber Monday.

Hoffman Estates-based retailer Sears said it found that a number of its shoppers opted to buy online and pick up merchandise in the store, according to spokesman Tom Aiello, who declined to say whether online traffic increased Monday. Shoppers want "to save on shipping, or they want to touch it — and get it the same day and make sure they've got that gift in their hands," he said.

Tribune news services contributed.

crshropshire@tribune.com

Twitter @corilyns



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Supreme Court blocks Illinois law prohibiting taping of police









The U.S. Supreme Court has blocked enforcement of an Illinois law that prohibited people from recording police officers on the job.

The justices on Monday left in place a lower court ruling that found that the state's anti-eavesdropping law violates free speech rights when used against people who tape law enforcement officers.

The law set out a maximum prison term of 15 years.

The American Civil Liberties Union filed a lawsuit in 2010 against Cook County State's Attorney Anita Alvarez to block prosecution of ACLU staff for recording police officers performing their duties in public places, one of the group's long-standing monitoring missions.

Opponents of the law say the right to record police is vital to guard against abuses.

Last May, a federal appeals court in Chicago ruled that the law “likely violates” the First Amendment and ordered that authorities be banned from enforcing it.

The appeals court agreed with the ACLU that the "Illinois eavesdropping statute restricts far more speech than necessary to protect legitimate privacy interests.”

The appeals court ruling came weeks before the NATO summit when thousands of people armed with smart phones and video cameras demonstrated in the city. Officials had already announced that they would not enforce the law against summit protesters.

Public debate over the law had been simmering since last summer.

In August of 2011, a Cook County jury acquitted a woman who had been charged with recording Chicago police internal affairs investigators she believed were trying to dissuade her from filing a sexual harassment complaint against a patrol officer.

Judges in Cook and Crawford counties later declared the law unconstitutional, and the McLean County state's attorney cited flaws in the law when he dropped charges this past February against a man accused of recording an officer during a traffic stop.

Harvey Grossman, legal director of the ACLU of Illinois, said the organization was "pleased that the Supreme Court has refused to take this appeal. . .The ACLU of Illinois continues to believe that in order to make the rights of free expression and petition effective, individuals and organizations must be able to freely gather and record information about the conduct of government and their agents – especially the police.  The advent and widespread accessibility of new technologies make the recording and dissemination of pictures and sound inexpensive, efficient and easy to accomplish."

The Associated Press contributed



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Yes, the Government Can Still Spy on Your Digital Life (for Now)












Ahead of a controversial Senate debate on digital privacy this week, the battle over warrantless cell-phone and Internet searches is beginning to take shape — even as law-enforcement agencies continue to carry out the searches anyway. Judges across the country have thrown out cases that used tracked digital American lives without warrants, but others haven’t, reports The New York Times‘s Somini Sengupta. A DC court, for example, compared text messages to voicemail messages, which because they can be overheard are not protected by state privacy laws, argued one judge. A Louisiana court is deciding if cell-phone records are like business records. Another court ruled that GPS cell phone tracking without a warrant was fine, too. Others, however, argue that cell phones are more than just a paper trail. One judge called cell phones “raw, unvarnished and immediate, revealing the most intimate of thoughts and emotions,” as in something that is subject to higher privacy standards. Meanwhile, we see the same inconsistencies with Internet protections, reports The Wall Street Journal‘s Joe Pallazolo. A federal court recently ruled that people who use their neighbors’ WiFi without permission forfeit privacy, opening up government officials to warrantless searches. The same ruling other courts have made for IP addresses. However, the law isn’t that clear-cut, either, argues George Washington University professor Oren Kerr. 


RELATED: Anonymous’s and LulzSec’s Overlapping, FBI-Thwarting Pasts












Without clear rules, government agencies have continued investigations with warrantless searches. As people have started using cell phones more often and for more than just calling, law enforcement agency requests for cell-phone information have increased, reported The New York Times‘s Eric Lichtblau earlier this year. AT&T gets more than 700 requests a day from various agencies, triple what it got in 2007, he notes. Last year, the total number of requests came in at at least 1.3 million. At the same time, the application for wiretapping warrants declined 14 percent last year to 2,732, according to the Administrative Office of the United States Courts. A curious pattern considering the requests for information have gone up. Though these wireless carriers say they require a search warrant, a court order or a formal subpoena to release information, “in cases that law enforcement officials deem an emergency, a less formal request is often enough,” writes Lichtblau. Or, it’s possible that law enforcement has opted for other forms of tracking that don’t require warrants, at least not according to some judges. 


RELATED: Saints GM Denies Using Nixonian Dirty Tricks; Directing the NFL Draft


A Senate debate beginning Thursday to make changes on the Electronic Communications Privacy Act might bring some clarity to these issues. However, it’s unclear if the revised bill will give the government more or less power, and it doesn’t sound like the vote will apply to all cell phone or Internet data. An early draft of the bill reportedly allowed warrantless e-mail searches, reported CNET’s Declan McCullagh. Since, Senator Patrick Leahy, who is spearheading the bill, has denied that the updates to the regulation will do that, however. Instead, the revised bill will require search warrants to get into email no matter how old, says Sengupta. That should presumably apply to some of our smartphone and Internet data, too. But it doesn’t address text messages or location information, other concerns of consumers.


Wireless News Headlines – Yahoo! News


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Rolling Stones turn back clock with hit-filled comeback












LONDON (Reuters) – The Rolling Stones turned back the clock in style on Sunday with their first concert in five years, strutting and swaggering their way through hit after familiar hit to celebrate 50 years in business.


Before a packed crowd of 20,000 at London‘s O2 Arena, they banished doubts that age may have slowed down one of the world’s greatest rock and roll bands, as lead singer Mick Jagger launched into “I Wanna Be Your Man”.












More than two hours of high-octane, blues-infused rock later, and they were still going strong with an impressive encore comprising “You Can’t Always Get What You Want” and “Jumpin’ Jack Flash”.


In between there were guest appearances from American R&B singer-songwriter Mary J. Blige, who delivered a rousing duet with Jagger on “Gimme Shelter” and guitarist Jeff Beck who provided the power chords for “I’m Going Down”.


Former Rolling Stones Bill Wyman and Mick Taylor were also back in the fold, performing with the regular quartet of Jagger, Ronnie Wood and Keith Richards on guitar and Charlie Watts on drums for the first time in 20 years.


“It took us 50 years to get from Dartford to Greenwich!” said Jagger, referring to their roots just a few miles from the venue in southeast London. “But you know, we made it. What’s even more amazing is that you’re still coming to see us…we can’t thank you enough.”


The Sunday night gig was the first of two at the O2 Arena before the band crosses the Atlantic to play three dates in the United States.


The mini-tour is the culmination of a busy few months of events, rehearsals and recordings to mark 50 years since the rockers first took to the stage at the Marquee Club on London‘s Oxford Street in July, 1962.


There has been a photo album, two new songs, a music video, a documentary film, a blitz of media appearances and a handful of warm-up gigs in Paris.


“STYLE AND PANACHE”


The reunion nearly did not happen. One factor behind the long break since their record-breaking “A Bigger Bang” tour in 2007 has been Wood’s struggle with alcohol addiction, while Jagger and Richards also fell out over comments the guitarist made about the singer in a 2010 autobiography.


But they eventually buried the hatchet, and Richards joked in a recent interview: “We can’t get divorced – we’re doing it for the kids!”


Critics were fulsome in their praise of the first comeback gig.


Keith Richards has said that the beauty of rock and roll is that every night a different band might be the world’s greatest. Well, last night at the O2 Arena, it was the turn of the Rolling Stones themselves to lay claim to the title they invented,” wrote Neil McCormick of the Daily Telegraph.


“And they did it with some style and panache.”


The big question on every fan’s lips is whether the five concerts lead to a world tour and even new material. The Stones sang their two new tracks “Doom and Gloom” and “One More Shot”, which appeared on their latest greatest hits album “GRRR!”.


Richards has hinted that the five concerts ending at the Newark Prudential Center in the United States on December 15 would not be the last.


“Once the juggernaut starts rolling, it ain’t gonna stop,” he told Rolling Stone magazine. “So without sort of saying definitely yes – yeah. We ain’t doing all this for four gigs!”


The band has come in for criticism from fans about the high price of tickets to the shows – they ranged from around 95 pounds ($ 150) to up to 950 pounds for a VIP seat.


The flamboyant veterans, whose average age is 68, have defended the costs, saying the shows were expensive to put on, although specialist music publication Billboard reported the band would earn $ 25 million from the four shows initially announced. A fifth was added later.


“Everybody all right there in the cheap seats,” Jagger asked pointedly as he looked high to his left at the arena. “They’re not really cheap though are they? That’s the trouble.”


Among the biggest cheers on the night were for classics including “Wild Horses”, “It’s Only Rock and Roll” and “Start Me Up”.


There was even time for the odd reference to their advancing years.


“Good to see you all,” said Richards with a mischievous grin. “Good to see anybody.”


(Reporting by Mike Collett-White, editing by Paul Casciato)


Music News Headlines – Yahoo! News


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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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Thanksgiving weekend sales top $59 billion









More people hit the stores this Thanksgiving weekend than did last year, as big-box retailers opened their doors earlier than ever on Thursday.

Spending per shopper averaged $423 -- $25 more than last year -- from Thursday to Sunday, while total spending increased nearly 13 percent, to an estimated $59.1 billion, according to a survey the National Retail Federation released Sunday afternoon.

"I think the only way to describe the Thanksgiving openings is to call it a huge win," said Matthew Shay, the trade group's president and chief executive. Shopping, he said, "has really become an extension of the day's festivities."

About 35 million people visited stores and shopping websites Thursday, up from 29 million last year. More than double that number -- 89 million, up from 86 million -- shopped on Black Friday.

"There were more people shopping every single day of the weekend," Shay said. "Black Friday is a little bit different than historically, but it certainly is not dead."

But whether increased sales over the Thanksgiving weekend will translate to higher sales throughout the holiday shopping season remains to be seen. Analysts have been predicting mediocre sales this year, as shoppers remain uncertain about the broader economy.


Overall holiday sales are expected to increase 4.1 percent from 2011, compared with sales growth of 5.6 percent last year, the National Retail Federation said. Overall holiday sales are projected to total about $586.1 billion.


On average, Americans are expected to spend $749.51 this holiday season, up $9 from last year but still below 2006 figures.

In an effort to defy the stingy projections, some retailers opened at 8 p.m. on Thursday, while others offered to match the prices of their online competitors. But some analysts have projected that retailers would only succeed in prompting customers to buy gifts earlier in the holiday season, rather than to spend more.

Most of the weekend's shoppers -- roughly 58 percent -- bought clothing and accessories, whereas 38 percent bought electronics and 35 percent shelled out for toys.

Much of the weekend's shopping took place online, as consumers logged on to take advantage of Internet-only specials beginning early Thursday morning. The average shopper spent more than $172 online this weekend, which made up approximately 41 percent of the total weekend spending. That is up from 38 percent last year.

"There is no question that online is a real bright spot in the retail industry," Shay said. "For the first time, more than half of those who shopped this weekend said they shopped online."

Online sales are slated to pick up even more, as many retailers kick off Cyber Monday sales a day or two early. Wal-Mart began offering online discounts on Saturday, and Amazon.com started on Sunday with plans to offer deep savings for Internet shoppers all week.








The more successful retailers, analysts said, were companies such as Wal-Mart Stores Inc. and Macy's Inc., which did better at combining physical stores with their online and mobile channels into a seamless shopping experience.

"The more you can make a shopper shop multiple channels, they are at least twice as likely to be a loyal shopper and spend tons of money," Patty Edwards, chief investment officer at investment firm Trutina Financial, said.

But shoppers also tried to stay disciplined during the onslaught of deals over the so-called "Black Friday" weekend, named for the day after Thanksgiving that traditionally kicks off the November-December holiday shopping season.

A total of 52 percent of Black Friday shoppers that answered a Reuters/Ipsos poll said they stayed on budget and 34 percent said they spent less than planned. Only 14 percent said they went over budget.

Of the 404 in the poll that shopped on Black Friday, 33 percent said the deals they found were better than last year and 39 percent found them to be the same, while 15 percent said the deals were worse.

While holiday shopping appeared to be off to a good start, analysts cautioned against reading too much into one weekend's numbers. Retailers have to sustain the initial burst through the November-December holiday season, which can account for a third of annual sales and 40 to 50 percent of profits for the year.

The impact on the U.S. economy is also sizeable as consumer spending accounts for about 70 percent of all economic activity. U.S. employment has undergone a slow but steady recovery, but concerns remain about the "fiscal cliff" that threatens to produce tax increases and automatic spending cuts in January.

Staying open on Thanksgiving became more widespread this year as retailers such as Target, Sears Holdings Corp. and Toys R Us Inc. joined in, while others including Wal-Mart and Gap Inc either extended their operating hours or had more stores doing business.

One was Abercrombie & Fitch Co., where it looked like traffic "really slowed off on Friday afternoon and Saturday", Ken Perkins, president of data-monitoring firm Retail Metrics, said.

Several analysts criticized J.C. Penney Co. Inc.'s decision not to open until Friday morning, losing shoppers to competitors like Target and Macy's that opened hours earlier.

"They blew it," Edwards said.

There are two extra days between Thanksgiving and Christmas this year and one more full weekend, so the opportunity for a lull between the holidays is greater.

"A big Black Friday, it's hard to read too much into that for the rest of the season," Scott Tuhy, vice president at Moody's Investors Service, said.

Retailers may have to discount more than they want sooner to help spur more shopping, which could cut into margins, Liz Ebert, retail lead at consulting firm KPMG LLP, said.

The National Retail Federation still expects sales in November and December to rise 4.1 percent this year, below last year's 5.6 percent increase.


- The Washington Post and Reuters contributed to this report





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