Top Canada court upholds anti-terrorism law in unanimous ruling

OTTAWA (Reuters) – Canada‘s Supreme Court on Friday upheld an anti-terrorism law enacted after the September 11, 2001, attacks on the United States, ruling unanimously that those who choose to engage in terrorism must “pay a very heavy price.”

The law’s constitutionality was challenged by Mohammad Momin Khawaja, convicted in Canada of terrorism for involvement with a British group that had plotted unsuccessfully to set off bombs in London.

It was also challenged by two men accused of terrorism by the United States for trying to buy missiles or weapons technology for the Sri Lankan Tamil Tigers.

The court rejected arguments that the law’s definition of terrorism was overly broad. It upheld Khawaja’s life sentence and confirmed the orders to extradite the other two to the United States.

Khawaja, a Canadian of Pakistani descent, was the first to be convicted under the law. He was sentenced in 2008 to 10-1/2 years in prison, and his sentence was then extended to life after appeal by the government.

The trial judge noted that Khawaja referred to Osama Bin Laden as “the most beloved person to me in the … whole world, after Allah.” He was found to have participated in a terrorism training camp in Pakistan and to have designed a device dubbed the “hi fi digimonster” for detonating bombs.

“The appellant was a willing participant in a terrorist group,” Supreme Court Chief Justice Beverley McLachlin wrote in the 7-0 decision, adding that he was “apparently remorseless.”

“He was committed to bringing death on all those opposed to his extremist ideology and took many steps to provide support to the group. The bomb detonators he attempted to build would have killed many civilians had his plans succeeded.”

The law applies to any act committed for a political, religious or ideological purpose with the intention of intimidating the public by causing death or serious bodily harm, or substantial property damage, or causing serious interference with an essential service.

The court also ruled that Canada can proceed to extradite two men the United States has accused of involvement with the Tamil Tigers, which waged a bloody war for independence in Sri Lanka and is considered a terrorist organization by Washington and Ottawa.

The Canadian government declined to comment on when they would be extradited.

Piratheepan Nadarajah was alleged to have tried to purchase surface-to-air missiles and AK-47 assault rifles for the Tamil Tigers from an undercover officer posing as a black-market arms dealer on Long Island, New York.

The other man, Suresh Sriskandarajah, was alleged to have helped Tamil Tigers get electronic equipment, submarine and warship design software and communications equipment.

They surrendered to the government ahead of the court decision, their lawyers said.

BEYOND ‘LEGITIMATE EXPRESSION’

The court disagreed that the federal law’s terrorism provisions had put a chilling effect on Canadians’ freedom of expression and was disproportionately broad.

“Only individuals who go well beyond the legitimate expression of a political, religious or ideological thought, belief or opinion, and instead engage in one of the serious forms of violence – or threaten one of the serious forms of violence – listed (in the law) need fear liability under the terrorism provisions of the Criminal Code,” McLachlin wrote.

She quoted with approval the appeals court decision in the Khawaja case that faulted the Ottawa trial judge’s sentence for failing to send a “clear and unmistakable message that terrorism is reprehensible and those who choose to engage in it will pay a very heavy price.”

The original sentence of 10-1/2 years does “not approach an adequate sentence for such acts,” she concluded.

Khawaja’s lawyer, Lawrence Greenspon, said it was a “terrible day” for his client and said too often people were investigated or prosecuted for their religious or political beliefs.

“It’s a … very unfortunate ruling for minorities in this country, and we’re extremely disappointed with the result,” he told reporters in the foyer of the Supreme Court.

Justice Minister Rob Nicholson said the decision was important as Canada was not immune to the threat of terrorism. “The court sent a strong message that terrorism will not be treated leniently in Canada,” he said.

The cases are Mohammad Momin Khawaja v. Her Majesty the Queen. (Ont) (34103); Suresh Sriskandarajah v. United States of America, Minister of Justice and Attorney General of Canada (34009), Piratheepan Nadarajah v. United States of America, Minister of Justice and Attorney General of Canada (34013).

(Additional reporting by Louise Egan; Editing by Jackie Frank and Xavier Briand)

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Tolkien class at Wis. university proves popular

MILWAUKEE (AP) — The vast collection of J.R.R. Tolkien manuscripts initially sold senior Joe Kirchoff on Marquette University, so when the school offered its first course devoted exclusively to the English author, Kirchoff wanted in. The only problem: It was full and he wasn’t on the literature track.

Undaunted, the 22-year-old political science and history major lobbied the English department and others starting last spring and through the summer and “kind of just made myself a problem,” he said. His persistence paid off.

“It’s a fantastic course,” said Kirchoff, a Chicago native. “It’s a great way to look at something that’s such a creative work of genius in such a way you really come to understand the man behind it.”

He and the 31 other students can now boast of their authority about the author who influenced much of today’s high fantasy writing. The course was taught for the first time this fall as part of the university’s celebration of the 75th anniversary of “The Hobbit” being published. And class wrapped up just before the film, “The Hobbit: An Unexpected Journey,” was released Friday.

The class, which filled up fast with mostly seniors who had first dibs, looked at Tolkien as a whole, not just the popular “Lord of the Rings” and “The Hobbit.” Students took their final exam this week, and the course was so well received, Marquette is considering more in the future.

“It’s the best class I’ve had in 27 years here … for student preparation, interest and enthusiasm,” said English professor Tim Machan. “And I can throw out any topic and they will have read the material and they want to talk about the material.”

Marquette is one of the main repositories of Tolkien’s drafts, drawings and other writings — more than 11,000 pages. It has the manuscripts for “The Lord of the Rings” and “The Hobbit,” as well as his lesser-known “Farmer Giles of Ham” and his children’s book “Mr. Bliss.” Marquette was the first institution to ask Tolkien for the manuscripts in 1956 and paid him about $ 5,000. He died in 1973.

Other significant collections are at the Bodleian Library at Oxford University in England and Wheaton College in Illinois.

Though Tolkien classes aren’t unusual nationwide, Marquette students had the added bonus of being able to visit Tolkien’s revisions, notes, detailed calendars, maps and watercolors on site at the school’s archive. And they got a lesson from the school’s archivist Bill Fliss.

“One of the things we wanted to impress upon the students was the fact that Tolkien was a fanatical reviser,” said Fliss said. “He never really did anything once and was finished with it.”

Chrissy Wabiszewski, a senior English major, described Tolkien’s manuscripts as art.

“When you get down and look at just his script and his artwork in general, it all kind of flows together in this really beautiful, like, cumulative form,” Wabiszewski said. “It’s cool. It is just really cool to have it here.”

The class also looked at Tolkien’s poetry, academic articles and translations of medieval poems; talked about the importance of his writers’ group, the Inklings; and explored what it meant to be a writer at that time.

“We’ve … tried to think about continuities that ran through everything he did,” Machan said. His students were also required to go to three lectures that were part of Marquette’s commemoration.

“The Hobbit,” a tale of homebody Bilbo Baggins’ journey, is set in Tolkien’s fictional realm of Middle-earth and takes place 60 years before “The Lord of the Rings.” The movie released Friday is the first of the trilogy, with “The Hobbit: There and Back Again” set for release on Dec. 13, 2013, and a third film to come out in the summer of 2014.

Most of the students were just finishing elementary school when the first “Lord of the Rings” film was released 11 years ago.

Kirchoff said he started reading “The Hobbit” and the “Lord of the Rings” when he was in fourth grade, before the movies came out. He said the movies have introduced others to Tolkien’s ideas, making his love for Tolkien’s fantasy worlds more socially acceptable.

“The movies were fantastic enough and engaging enough to coexist in my mind with the literature I really do love,” he said.

Wabiszewski said it’s clear her classmates weren’t just taking the class as a filler.

“I definitely expected the enthusiasm from everybody but just the knowledge that everybody brought into the class, it’s cool,” she said. “We really have a smart group of people in that class who have a lot to offer.”

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Fitch affirms France “AAA”, says no room for slippage

PARIS (Reuters) – Fitch Ratings stuck by its triple-A rating on France in a much-awaited review on Friday but warned that an expected peak in debt in 2014 was the limit it could agree to for a country with a top-notch credit grade.

Fitch is the only agency to retain an AAA rating on the euro zone’s second-largest economy. It kept to its negative outlook, saying that indicated a slightly greater than 50 percent chance of a downgrade in future.

Fitch said it was raising its forecast for the country’s debt in 2014 to 94 percent of gross domestic product from an earlier 92 percent – higher than any other top-rated sovereign except the United States and Britain.

“This is at the limit of the level of indebtedness consistent with France retaining its ‘AAA’ status assuming the government debt is firmly placed on a sustainable downward path from 2014,” Fitch said in a statement.

French Finance Minister Pierre Moscovici called Fitch’s rating an “encouragement” and a “motivating force” that confirmed the government was right to pursue its debt reduction targets.

“It’s a pointer for the way ahead. My take on this is that the French economy is solid and can be trusted, and it is absolutely essential that we keep to the path we have mapped out: European construction, budget solidity and competitiveness,” he told Europe 1 radio.

Last month, Moody’s cut France by one notch from AAA to Aa1 – causing only muted investor reaction – following a similar downgrade by Standard & Poor’s in January.

(Reporting by Alexandria Sage; editing by Patrick Graham)

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Fewer health care options for illegal immigrants

ALAMO, Texas (AP) — For years, Sonia Limas would drag her daughters to the emergency room whenever they fell sick. As an illegal immigrant, she had no health insurance, and the only place she knew to seek treatment was the hospital — the most expensive setting for those covering the cost.

The family’s options improved somewhat a decade ago with the expansion of community health clinics, which offered free or low-cost care with help from the federal government. But President Barack Obama‘s health care overhaul threatens to roll back some of those services if clinics and hospitals are overwhelmed with newly insured patients and can’t afford to care for as many poor families.

To be clear, Obama’s law was never intended to help Limas and an estimated 11 million illegal immigrants like her. Instead, it envisions that 32 million uninsured Americans will get access to coverage by 2019. Because that should mean fewer uninsured patients showing up at hospitals, the Obama program slashed the federal reimbursement for uncompensated care.

But in states with large illegal immigrant populations, the math may not work, especially if lawmakers don’t expand Medicaid, the joint state-federal health program for the poor and disabled.

When the reform has been fully implemented, illegal immigrants will make up the nation’s second-largest population of uninsured, or about 25 percent. The only larger group will be people who qualify for insurance but fail to enroll, according to a 2012 study by the Washington-based Urban Institute.

And since about two-thirds of illegal immigrants live in just eight states, those areas will have a disproportionate share of the uninsured to care for.

In communities “where the number of undocumented immigrants is greatest, the strain has reached the breaking point,” Rich Umbdenstock, president of the American Hospital Association, wrote last year in a letter to Obama, asking him to keep in mind the uncompensated care hospitals gave to that group. “In response, many hospitals have had to curtail services, delay implementing services, or close beds.”

The federal government has offered to expand Medicaid, but states must decide whether to take the deal. And in some of those eight states — including Texas, Florida and New Jersey — hospitals are scrambling to determine whether they will still have enough money to treat the remaining uninsured.

Without a Medicaid expansion, the influx of new patients and the looming cuts in federal funding could inflict “a double whammy” in Texas, said David Lopez, CEO of the Harris Health System in Houston, which spends 10 to 15 percent of its $ 1.2 billion annual budget to care for illegal immigrants.

Realistically, taxpayers are already paying for some of the treatment provided to illegal immigrants because hospitals are required by law to stabilize and treat any patients that arrive in an emergency room, regardless of their ability to pay. The money to cover the costs typically comes from federal, state and local taxes.

A solid accounting of money spent treating illegal immigrants is elusive because most hospitals do not ask for immigration status. But some states have tried.

California, which is home to the nation’s largest population of illegal immigrants, spent an estimated $ 1.2 billion last year through Medicaid to care for 822,500 illegal immigrants.

The New Jersey Hospital Association in 2010 estimated that it cost between $ 600 million and $ 650 million annually to treat 550,000 illegal immigrants.

And in Texas, a 2010 analysis by the Health and Human Services Commission found that the agency had provided $ 96 million in benefits to illegal immigrants, up from $ 81 million two years earlier. The state’s public hospital districts spent an additional $ 717 million in uncompensated care to treat that population.

If large states such as Florida and Texas make good on their intention to forgo federal money to expand Medicaid, the decision “basically eviscerates” the effects of the health care overhaul in those areas because of “who lives there and what they’re eligible for,” said Lisa Clemans-Cope, a senior researcher at the Urban Institute.

Seeking to curb expenses, hospitals might change what qualifies as an emergency or cap the number of uninsured patients they treat. And although it’s believed states with the most illegal immigrants will face a smaller cut, they will still lose money.

The potential impacts of reform are a hot topic at MD Anderson Cancer Center in Houston. In addition to offering its own charity care, some MD Anderson oncologists volunteer at a county-funded clinic at Lyndon B. Johnson General Hospital that largely treats the uninsured.

“In a sense we’ve been in the worst-case scenario in Texas for a long time,” said Lewis Foxhall, MD Anderson’s vice president of health policy in Houston. “The large number of uninsured and the large low-income population creates a very difficult problem for us.”

Community clinics are a key part of the reform plan and were supposed to take up some of the slack for hospitals. Clinics received $ 11 billion in new funding over five years so they could expand to help care for a swell of newly insured who might otherwise overwhelm doctors’ offices. But in the first year, $ 600 million was cut from the centers’ usual allocation, leaving many to use the money to fill gaps rather than expand.

There is concern that clinics could themselves be inundated with newly insured patients, forcing many illegal immigrants back to emergency rooms.

Limas, 44, moved to the border town of Alamo 13 years ago with her husband and three daughters. Now single, she supports the family by teaching a citizenship class in Spanish at the local community center and selling cookies and cakes she whips up in her trailer. Soon, she hopes to seek a work permit of her own.

For now, the clinic helps with basic health care needs. If necessary, Limas will return to the emergency room, where the attendants help her fill out paperwork to ensure the government covers the bills she cannot afford.

“They always attended to me,” she said, “even though it’s slow.”

___

Sherman can be followed on Twitter at https://twitter.com/chrisshermanAP .

Plushnick-Masti can be followed on Twitter at https://twitter.com/RamitMastiAP .

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UPDATE 3-Cricket-Hughes shines as Australia reach 299-4

* Hughes falls just short of century

* Clarke and Hussey combine for 101

* Welegedera takes 3-99 (Adds quotes)

HOBART, Dec 14 (Reuters) – Phil Hughes made a solid 86 on his return to test cricket before Michael Clarke and Mike Hussey took up the running and steered Australia to 299 for four at close of play on the first day of the first test against Sri Lanka on Friday.

Hughes was the only batsmen to fall in the final session, lasting only a couple of overs after lunch before being bowled through the gate by Chanaka Welegedera, giving the Sri Lankan seamer his third wicket of the day.

Clarke, who had made 70 not out, and Hussey, unbeaten on 37, batted through the remainder of the day and if the evidence of their prolific partnerships in the recent series against South Africa is anything to go by, will take some shifting.

“Overall, 299 for four puts the ball in our court,” said Hughes. “I thought we were outstanding today. It really gives us momentum going into tomorrow.”

Sri Lanka’s bowlers, dubbed this week as the worst pace attack ever to tour Australia by former test bowler Rodney Hogg, made life uncomfortable for the batsmen at times but struggled for any real penetration under cloudy skies at Bellerive Oval.

“I think we showed we can put Australia under pressure and hopefully the bowlers will be fresh in the morning and we can get them out for less than 100 additional runs,” said Welegedera, who finished with 3-99 on his return after nine months out injured.

Clarke, who passed 1,400 runs for the year, has now put on 731 runs in partnerships with Hussey in the last four tests and will be looking to plunder a few more on Saturday despite taking a couple of painful knocks to his legs.

Friday, however, belonged to Hughes.

The lefthander was recalled to the side on the back of good domestic form following the retirement of Ricky Ponting at the end of the series against the Proteas.

The 24-year-old reached his fourth test half century with a square drive for three runs and then initially accelerated towards a century, most notably with an ugly but effective slog for six off spinner Rangana Herath.

CALAMITOUS RUNOUT

On the ground where his second spell as a test batsman ended amid questions about his technique after two failures against New Zealand last year, Hughes scored eight fours and one six in his 166-ball knock before Welegedera struck with a superb ball.

“It was nice to get a few,” he said. “It would have been nice to get a few more and get into three figures.”

Australia had lost openers Ed Cowan (four) and David Warner in the opening session, the latter run out for 57 on the stroke of lunch after a calamitous misunderstanding with Hughes.

Shane Watson, dropping down to fourth in the batting order to allow Hughes to come in at number three, followed them to the pavilion for 30 shortly before tea, the victim of an exceptional diving catch in the slips by skipper Mahela Jayawardene.

That was a second wicket for Welegedera and a measure of redemption for the bowler after he had Hughes caught behind for 77 only for the umpire to call a no ball.

Welegedera had also made the early breakthrough for the tourists when Cowan tried to pull a short delivery only for the ball to catch him high on the bat and carry to mid-on where Shaminda Eranga took a simple catch.

It could have been even better for the Sri Lankans, who were only centimetres away from the perfect start to the morning after Clarke had won the toss and elected to bat.

Cowan edged the second delivery of the day from Nuwan Kulasekara to the slips but Angelo Mathews was just unable to get his hands to it, despite an athletic dive. (Editing by Peter Rutherford)

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“The Voice” finale taps Rihanna, Kelly Clarkson, Bruno Mars and the Killers

LOS ANGELES (TheWrap.com) – The season finale of “The Voice” has enlisted some high-profile talent to help send the show’s third cycle off with a bang.

Rihanna, Kelly Clarkson, Bruno Mars and The Killers have been tapped to perform on the two-hour extravaganza, which will culminate with the crowning of a new champion, NBC said Wednesday.

An additional special guest will be named at a later date, the network added.

Rihanna will perform her song “Diamonds,” while “American Idol” alum Clarkson – who has served as a guest mentor on the show, as well as hosting the rival singing competition “Duets” – is set to sing “Catch My Breath.”

The Killers, meanwhile, will play their single “Runaways,” and Mars will debut the song “When I Was Your Man” from his sophomore album “Unorthodox Jukebox,” which was released Tuesday.

The season finale of “The Voice” will air live on December 18 at 8 p.m.

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Stock futures point to flat-to-lower start

LONDON (Reuters) – Stock futures pointed to a flat-to-lower open on Wall Street on Thursday, with futures for the S&P 500 down 0.1 percent at 0950 GMT (4.50 a.m. ET).

Contracts on the Dow Jones and the Nasdaq 100 were flat in percentage terms.

Japan’s Nikkei <.n225> average surged above 9,700 for the first time in eight months, led by exporters, as the yen fell to a multi-month low on mounting expectations of aggressive monetary easing by the Bank of Japan after a general election at the weekend.</.n225>

European shares slipped on Thursday after persistent concern about U.S. austerity measures that could hit growth in the world’s largest economy overshadowed fresh stimulus steps from the Federal Reserve.

Google’s navigation tool has returned to the iPhone, months after Apple‘s home-grown mapping service flopped, prompting user complaints, the firing of an executive and a public apology from Apple‘s CEO. [ID:nL1E8ND0P2]

Adobe Systems , the maker of Photoshop software, reports results, expected to show earnings per share fell to $ 0.57 in its fourth quarter, from $ 0.67 one year earlier.

GrainCorp Ltd on Thursday rejected a sweetened $ 2.9 billion bid from Archer Daniels Midland , putting pressure on the U.S. agribusiness giant to boost its offer for Australia’s last major independent grains handler.

Knight Capital Group Inc expects to make a decision on its future ownership by early next week, the Wall Street Journal reported on Thursday, citing people familiar with the matter.

The U.S. unit of Britain’s BAE Systems Plc said it has won a contract valued at up to $ 400 million to maintain and service more than 300 U.S. Navy trainer aircraft, beating out incumbent Sikorsky Aircraft, a unit of United Technologies , and L-3 Communications .

The Pentagon will pay about 4 percent less for each new Lockheed Martin Corp F-35A fighter jet when it signs a deal worth $ 3.8 billion with the No. 1 U.S. defense contractor on Friday, according to sources familiar with the deal.

American Airlines creditors want a potential merger with US Airways Group Inc to be an all-stock deal rather than one that pays some claims in cash, three people familiar with the matter said, in a move that underscores confidence in a merged airline.

Solar installer SolarCity is set to begin trading on the Nasdaq after halving the value of its initial public offering. The deal has been highly anticipated in clean tech and venture capital circles as alternative energy startups have had a difficult time attracting investor interest.

The U.S. Labor Dept releases first-time claims for jobless benefits for the week ended December 8 at 1330 GMT (8.30 a.m. ET). They were expected to show 370,000 new filings, a repeat of the previous weeks figure.

The U.S. Commerce Dept’s November retail sales, also due out 1330 GMT (8.30 a.m. ET), were forecast to show a 0.5 percent rise, compared with a 0.3 percent decrease in October. Excluding automobiles, sales are expected to be unchanged, a repeat of the October level.

Producer prices were forecast to show a 0.5 percent decrease compared with a 0.2 percent drop in October. Excluding volatile food and energy items, PPI is expected to rise 0.2 percent versus with a 0.2 percent decrease in October.

The Dow Jones industrial average <.dji> slipped 2.99 points, or 0.02 percent, to 13,245.45 on Wednesday. The Standard & Poor’s 500 Index <.spx> inched up just 0.64 of a point, or 0.04 percent, to 1,428.48. But the Nasdaq Composite Index <.ixic> shed 8.49 points, or 0.28 percent, to end at 3,013.81.</.ixic></.spx></.dji>

(Reporting By Francesco Canepa. Editing by Jeremy Gaunt.)

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Dozens sue pharmacy, but compensation uncertain

NASHVILLE, Tenn. (AP) — Dennis O’Brien rubs his head as he details ailments triggered by the fungal meningitis he developed after a series of steroid shots in his neck: nausea, vomiting, dizziness, drowsiness, blurred vision, exhaustion and trouble with his speech and attention.

He estimates the disease has cost him and his wife thousands of dollars in out-of-pocket expenses and her lost wages, including time spent on 6-hour round trip weekly visits to the hospital. They’ve filed a lawsuit seeking $ 4 million in damages from the Massachusetts pharmacy that supplied the steroid injections, but it could take years for them to get any money back and they may never get enough to cover their expenses. The same is true for dozens of others who have sued the New England Compounding Center.

“I don’t have a life anymore. My life is a meningitis life,” the 59-year-old former school teacher said, adding that he’s grateful he survived.

His is one of at least 50 federal lawsuits in nine states that have been filed against NECC, and more are being filed in state courts every day. More than 500 people have gotten sick after receiving injections prepared by the pharmacy.

The lawsuits allege that NECC negligently produced a defective and dangerous product and seek millions to repay families for the death of spouses, physically painful recoveries, lost wages and mental and emotional suffering. Thirty-seven people have died in the outbreak.

“The truth is the chance of recovering damages from NECC is extremely low,” said John Day, a Nashville attorney who represents several patients who have been sickened by fungal meningitis.

To streamline the process, attorneys on both sides are asking to have a single judge preside over the pretrial and discovery phases for all of the federal lawsuits.

This approach, called multidistrict litigation, would prevent inconsistent pretrial rulings and conserve resources of all parties. But unlike a class-action case, those lawsuits would eventually be returned to judges in their original district for trial, according to Brian Fitzpatrick, a law professor at Vanderbilt University Law School in Nashville.

Even with this approach, Fitzpatrick noted that federal litigation is very slow, and gathering all the evidence, records and depositions during the discovery phase could take months or years.

“Most of the time what happens is once they are consolidated for pretrial proceedings, there is a settlement, a global settlement between all the lawyers and the defendants before anything is shipped back for trial,” he said.

A lawyer representing NECC, Frederick H. Fern, described the consolidation process as an important step.

“A Boston venue is probably the best scenario,” Fern said in an email. “That’s where the parties, witnesses and documents are located, and where the acts subject to these complaints occurred.”

Complicating efforts to recover damages, attorneys for the patients said, NECC is a small private company that has now recalled all its products and laid off its workers. The company’s pharmacy licenses have been surrendered, and it’s unclear whether NECC had adequate liability insurance.

Fern said NECC has insurance, but they were still determining what the policy covers.

But Day says, “It’s clear to me that at the end of the day, NECC is not going to have sufficient assets to compensate any of these people, not even 1 percent.”

As a result, many attorneys are seeking compensation from other parties. Among the additional defendants named in lawsuits are NECC pharmacist and co-founder Barry Cadden; co-founder Greg Conigliaro; sister company Ameridose and its marketing and support arm, Medical Sales Management.

Founded in 2006 by Cadden and Conigliaro, Ameridose would eventually report annual revenue of $ 100 million. An NECC spokesman didn’t respond to a request for the pharmacy’s revenue.

While Federal Drug Administration regulators have also found contamination issues at Westborough, Mass.-based Ameridose, the FDA has said it has not connected Ameridose drugs to infection or illness.

Under tort law, a lawsuit has to prove a defendant has a potential liability, which in this case could be anyone involved in the medical procedure. However, any such suit could take years and ultimately may not be successful.

“I would not be surprised if doctors, hospitals, people that actually injected the drugs, the people that bought the drugs from the compounding company, many of those people will also be sued,” said Fitzpatrick.

Plaintiffs’ attorneys said they’re considering that option but want more information on the relationships between the compounding pharmacy and the hundreds of hospitals and clinics that received its products.

Day, the attorney in Tennessee, said the clinics and doctors that purchase their drugs from compounding pharmacies or manufacturers could be held liable for negligence because they are in a better position to determine the safety of the medicine than the patients.

“Did they use due care in determining from whom to buy these drugs?” Day said.

Terry Dawes, a Michigan attorney who has filed at least 10 federal lawsuits in the case, said in traditional product liability cases, a pharmaceutical distributor could be liable.

“We are looking at any conceivable sources of recovery for our clients including pharmaceutical supply places that may have dealt with this company in the past,” he said.

Ten years ago, seven fungal meningitis illnesses and deaths were linked to injectable steroid from a South Carolina compounding pharmacy. That resulted in fewer than a dozen lawsuits, a scale much smaller than the litigations mounting up against NECC.

Two companies that insured the South Carolina pharmacy and its operators tried unsuccessfully to deny payouts. An appellate court ruled against their argument that the pharmacy willfully violated state regulations by making multiple vials of the drug without specific prescriptions, but the opinion was unpublished and doesn’t set a precedent for the current litigation.

The lawsuits represent a way for patients and their families recover expenses, but also to hold the pharmacy and others accountable for the incalculable emotional and physical toll of the disease.

A binder of snapshots shows what life is like in the O’Briens’ rural Fentress County, Tenn., home: Dennis hooked up to an IV, Dennis in an antibiotics stupor, bruises on his body from injections and blood tests. He’s had three spinal taps. His 11-day stay in the hospital cost over $ 100,000, which was covered by health insurance.

His wife said she sometimes quietly checks at night to see whether her husband of 35 years is still breathing.

“In my mind, I thought we were going to fight this and get over it. But we are not ever going to get over it,” said Kaye O’Brien.

Marjorie Norwood, a 59-year-old grandmother of three who lives in Ethridge, Tenn., has spent just shy of two months total in the hospital in Nashville battling fungal meningitis after receiving a steroid injection in her back. She was allowed to come home for almost a week around Thanksgiving, but was readmitted after her symptoms worsened.

Family members are still dealing with much uncertainty about her recovery, but they have not filed a lawsuit, said their attorney Mark Chalos. He said Norwood will likely be sent to a rehabilitation facility after her second stay in the hospital rather than return home again.

Marjorie Norwood’s husband, an autoworker, has taken time off work to care for her and they depend on his income and insurance.

“It doesn’t just change her life, it changes everyone else’s life around her because we care about her and want her to be happy and well and have everything that she needs,” said her daughter, Melanie Norwood.

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Google Maps makes its way back to the iPhone

(Reuters) – Google‘s navigation tool has returned to the iPhone, months after Apple‘s home-grown mapping service flopped, prompting user complaints, the firing of an executive and a public apology from Apple’s CEO.

The Google Maps app will be compatible with any iPhone or iPod Touch that runs iOS 5.1 or higher, the company said in a blog post. (http://link.reuters.com/jek64t)

Apple launched its own service in early September, and dropped Google Maps, when it launched the iPhone 5 and rolled out iOS 6, an upgrade to its mobile software platform.

Users complained that Apple’s new map service, based on Dutch navigation equipment and digital map maker TomTom’s data, contained errors and lacked features that made Google Maps popular.

In October, Scott Forstall, a long-time lieutenant of late Apple co-founder Steve Jobs, was asked to leave the company partly because of his refusal to take responsibility for the mishandling of the mapping software.

While Apple Maps offered soaring ‘flyover’ views of major cities, it had no public transit directions, limited traffic information, and obvious mistakes such as putting one city in the middle of the ocean.

This led to Apple chief executive Tim Cook apologizing to customers frustrated with the service and, in an unusual move for the U.S. consumer group, directed them to rival services such as Google’s Maps instead.

(Reporting by Tej Sapru and Ankur Banerjee in Bangalore; Editing by Chris Gallagher and Dan Lalor)

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