Thursday, September 24, 2020

Attorney General James Helps Recover $60 Million from Company That Endangered Women’s Health

 

Consumers Misled About Safety, Effectiveness, and Potential Risks of Transvaginal Mesh Devices

 New York Attorney General Letitia James, as part of a coalition of 49 attorneys general from around the country, today announced a multistate agreement that requires C.R. Bard, Inc. and its parent company, Becton, Dickinson and Company, to pay $60 million for the deceptive marketing of transvaginal surgical mesh devices that endangered the health of women across New York and the rest of the nation. A multistate investigation found that the companies violated state consumer protection laws by misrepresenting the safety and effectiveness of the devices and failing to sufficiently disclose risks associated with their use.

“We will continue to fight on behalf of women when companies prioritize profits over the health and safety of women,” Attorney General James said. “While C. R. Bard was putting income before the health of customers in need of care, women were put in danger. My office will never waver in its efforts to hold companies accountable for risking the health of its consumers.”

Transvaginal surgical mesh is a synthetic material that is surgically implanted through the vagina to support the pelvic organs of women who suffer from stress urinary incontinence or pelvic organ prolapse. 

The multistate investigation found that C. R. Bard misrepresented or failed to adequately disclose serious and life-altering risks of surgical mesh devices, such as chronic pain, scarring and shrinking of bodily tissue, painful sexual relations, and recurring infections, among other complications. Evidence shows that C. R. Bard was aware of the possibility for serious medical complications but did not provide sufficient warnings to consumers or surgeons who implanted the devices.

Under today’s agreement, C. R. Bard and its parent company have agreed to pay $60 million to the 48 participating states and the District of Columbia. New York state will receive $2,160, 246. Although C.R. Bard stopped selling transvaginal mesh devices, the agreement lays out injunctive relief, requiring both C.R. Bard and Becton, Dickinson and Company to adhere to certain injunctive terms if they reenter the transvaginal mesh market.

Under the terms of the agreement, the companies must:

  • Provide patients with understandable descriptions of complications in marketing materials.
  • Include a list of certain complications in all marketing materials that address complications.
  • Disclose complications related to the use of mesh in any training provided that includes risk information.
  • Disclose sponsorship in clinical studies, clinical data, or preclinical data for publication.
  • Refrain from citing to any clinical study, clinical data, or preclinical data regarding mesh for which the company has not complied with the disclosure requirements.
  • Require consultants to agree to disclose — in any public presentation or submission for publication — Bard’s sponsorship of the contracted for activity.
  • Register all Bard-sponsored clinical studies regarding mesh on ClinicalTrials.gov.
  • Train independent contractors, agents, and employees who sell, market, or promote mesh about their obligations to report all patient complaints and adverse events to the company.
  • Ensure that its practices regarding the reporting of patient complaints are consistent with Food and Drug Administration requirements. 

Joining Attorney General James in filing today’s multistate agreement are the attorneys general of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Wisconsin, and the District of Columbia.

Today’s agreement follows an earlier, similar agreement from October 2019 with Johnson & Johnson, and its subsidiary, Ethicon, Inc., concerning their deceptive marketing of transvaginal surgical mesh devices.

BRONX MAN INDICTED FOR FATALLY STABBING, SETTING ABLAZE AN 18-YEAR-OLD MAN

 

Victim Identified Defendant Before He Died

 Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been indicted on first-degree Murder and additional charges in the killing of an 18-year-old man whom he stabbed and set on fire in an apartment building hallway because he was upset about his sister’s relationship with the victim. 

 District Attorney Clark said, “The victim, Winston Ortiz, was a family-oriented, churchgoing young man who had his life cut short in a horrific way. The defendant allegedly stabbed the victim and then while he was still alive, set him on fire. We will get justice for him and help his parents and siblings as they grapple with the disturbing, gruesome death he suffered.” 

 District Attorney Clark said the defendant, Adones Betances, 22, of 1100 University Avenue, was arraigned today on first and second-degree Murder and first-degree Manslaughter before Bronx Supreme Court Justice Michael Gross. Remand was continued and the defendant is due back in court on January 14, 2021. 

 According to the investigation, at approximately 3:00 p.m. on August 12, 2020 the victim, Winston Ortiz, 18, was inside 1045 Woodycrest Avenue when Betances allegedly went up to him and began to argue with him. The defendant was allegedly upset about his sister’s relationship with the victim. Betances allegedly stabbed Ortiz multiple times in the chest and back, then poured an accelerant on him and set him on fire. The defendant then fled the scene. Neighbors heard the victim screaming in the hallway and came out, put out the fire and called 911. The victim identified the defendant when speaking to first responders at the scene. Ortiz was taken to Harlem Hospital and was pronounced dead a few hours later.

 District Attorney Clark thanked Detective Arelis Dubose of Bronx Homicide Task Force and NYPD Detective Claudio Velez and NYPD Officers Vanessa Solis and Danielle Martinez, all of the 44th Precinct.

An indictment is an accusatory instrument and not proof of a defendant’s guilt. 

Statement from New York City Comptroller Scott M. Stringer on SEC Rule Change SEPTEMBER 23, 2020

 

 “The SEC’s 3-2 vote to approve the Shareholder Proposal Rule is a slap in the face to corporate accountability. The Shareholder Proposal Rule seeks to remedy non-existent problems with draconian solutions that only further strengthen corporate executives’ already strong hand and insulate them from accountability at the expense of shareowners.

“The New York City Retirement Systems have a long and proud history of corporate engagement, which has had the effect of producing significant social benefits and enhancing long-term shareholder value, consistent with the Systems’ investment policies and objectives.  Today’s announcement will only weaken shareowners’ ability to effectively engage with the companies they own.

“Since the NYCRS submitted their first shareholder proposal in 1985, urging companies doing business in apartheid South Africa to adhere to specific human rights principles, they have filed more than 1,000 shareholder proposals—almost certainly more than any other investor in the world.

“These are mechanisms through which we and other shareowners have pushed for anti-discrimination policies, greater diversity in the C-suite and boardroom, better climate policies and improved transparency and accountability.

“The shareholder proposal is an essential tool for ensuring that companies are held accountable to the interests of investors. This tool should be enhanced, not diminished.

“The NYCRS represent the retirement security of the City’s teachers, school employees, police and firefighters, and other employees. They are the investors whose interests the SEC should be protecting, not those of corporate executives.”

SCHUMER, GILLIBRAND ANNOUNCE $37.9 MILLION IN RURAL DEVELOPMENT FUNDING FOR SEVEN UPSTATE TOWNS AND VILLAGES

 

Federal Funding Will Ensure Upstate Residents Have Access To Clean Water, Reliable Sanitation, And Storage For Firefighting Purposes

Senators Say Over 20.5K Rural Residents Will Benefit From USDA Funding

Schumer, Gillibrand, USDA Funding Will Keep Upstate Towns And Villages Flowing

 U.S. Senator Charles E. Schumer and U.S. Senator Kirsten Gillibrand today announced federal funding totaling $37,901,000 allocated by the U.S. Department of Agriculture (USDA) Rural Development as part of the Water and Waste Disposal Loans and Grants program. The funding will be used to improve access to clean water, reliable sanitation, and water storage for firefighting purposes.

“Every New Yorker deserves to have peace of mind about reliable access to water,” said Senator Schumer. “This federal funding will allow towns and villages across Upstate New York to make critical improvements to their water systems, helping ensure that all residents have access to the safe and clean water they deserve. I am proud to announce this federal investment and will continue fighting to ensure rural communities across Upstate New York have the resources they need to build, protect and maintain their infrastructure.”

“New Yorkers need clean drinking water when they turn on the tap,” said Senator Gillibrand. “This funding will improve the quality of vital water infrastructure in Upstate New York, while promoting economic development. I will continue fighting for the resources needed to provide rural New Yorkers with access to reliable and safe water.”  

Specifically, in the 21st congressional district, the Village of Whitehall in Washington County will receive a loan of $3,010,000 and a grant of $750,000 that will benefit 2,614 residents and reline existing sanitary pipes, reroute storm laterals, and extend several storm sewer mains to remove excess inflow and infiltration in the sewer system that overwhelms the wastewater treatment plant during high flow periods. The Village of Potsdam in St. Lawrence County will receive a loan of $1,895,000 that will benefit 9,428 residents and renovate the district’s water tank to improve quality and quantity of water.

In the 24th congressional district, the Town of Scriba in Oswego will receive a loan of $15,011,000 that will benefit 875 residents and install a new sewage collection system, extend sewer service to residents and existing nuclear power plants, and construct a new wastewater treatment facility.

In the 27th congressional district, Dansville Village in Livingston County will receive a loan of $3,701,000 that will benefit 4,719 residents and repair the water system to provide safe potable water. The Town of Byron in Genesee County will receive a loan of $5,550,000 and a grant of $4,425,000 that will benefit 171 residents and 53 other users and create Water Improvement Area #1 to extend public water service. The Town of Pavilion in Genesee County will receive $567,000 that will benefit 2,495 residents and build a new 300,000 gallon water storage tank and over a mile of water supply pipeline to improve water quality and pressure that will help the town fight fires. The Town of Stafford in Genesee County will receive a loan of $1,353,000 and a grant of $1,639,000 that will benefit 185 residents and create Water District #12, extending public water service to residents who do not currently have access to safe potable water.

Bronx Republican Party Show Off John Cummings For Congress and Its November Candidates

 


Bronx Republican Party Leader Michael Rendino (center), 14th Congressional candidate John Cummings (left),  and 80th A.D. Assembly candidate Gene Defrancis (right).


Wednesday night the Bronx Republican Party showcased its candidates for the November 3rd General Election. The slate of candidates is led by President Donald Trump, who is seeking a second term as President of the United States. 

John Cummings is the candidate of the Republican and Conservative Parties. He challenges incumbent Alexandria Ocasio-Cortez, and is considered an underdog. During his speech he said that his opponent is a socialist who wants to cut out the middle class by having people dependent on government programs so the people can then be controlled by the socialist in power. He mentioned giving two-thousand dollars to a local VFW Post to help pay postage for care packages when his opponent refused to. He added it is about neighborhoods. and keeping the middle class in place who have home ownership, and are not dependent on a socialist government. He urged the almost two-hundred people who came to the rally to sign up to help him, get their friends to join his movement to become the new Congressman from the 14th District, and to most of all vote in the general election.

Other candidates on hand included Gene Defrancis who is running in the 80th Assembly District against incumbent Assemblywoman Nathalia Fernandez. Candidate Defrancis said that his opponent is already looking ahead of her assembly race announcing that she is running for Bronx Borough President. He added that she would be defeated come election day.

Patrick Delices 15th Congressional District, and James Giondi 34th State Senate District were also on hand. 



Above - Some of the crowd that went around both corners of the Middletown Road Republican Party Headquarters.

Below - Bronx Republican Party Chair Michael Rendino tells why the Bronx Republican Party will win on election day.





Above - 14th Congressional candidate John Cummings addresses the crowd.

Below - 80th Assembly candidate Gene Defrancis addresses the crowd.



MAYOR DE BLASIO ANNOUNCES NEW YORK CITY’S RECOVERY AGENDA

 

Vision for City’s recovery centers public health and social justice
 
 Today, Mayor de Blasio released New York City’s recovery agenda, focusing on public health and social justice. This agenda acknowledges the powerful link between the city’s economic health and the health of New Yorkers and sets a framework for a series of policies to address both.
 
“New York City is about to enter a transformational era,” said Mayor Bill de Blasio. “We know that our recovery begins and ends with healthcare, and we will again be a beacon to the rest of the world, rise to the challenge of setting forth a recovery that everyone can look to, and set forth a recovery plan that will work for everyone.”
 
This announcement will kick off a series of policy proposals, which are focused on four principles to make New York City stronger, healthier, and fairer:
 
  • Continue the City’s momentum in fighting back COVID-19: We will continue the momentum in fighting COVID-19 by working with the private sector to expand lab capacity and deploy rapid, safe, and inexpensive testing, allowing our businesses to stay open and our economy to move forward. Last week, the City and its partners announced the opening of the Pandemic Response lab. Today we will launch a competition to design rapid, reliable and inexpensive testing for COVID-19. The City will be prepared to lead in the distribution of vaccines and treatments as medical advances become available.
  • Make the City a hub for public health research: We will make New York Center a center of innovation for public health research, design, and practice. We will build new research and development facilities and forge collaboration among unlikely partners – doctors and nurses, academic researchers, industry innovators, health nonprofits and economic development community organizations, just as we did in early days of COVID-19. Because health security depends upon a highly trained workforce, we will create a Public Health Corps – a team of community health workers building trust and taking care of people in our hardest hit neighborhoods.
  • Create high-quality jobs: We will encourage the creation of new, high-quality jobs that also help improve the City’s health.
  • Continue making New York the fairest city in America: We will center service and action in neighborhoods that have carried the heaviest burden of economic and health inequities. The plan will include policy proposals around better use of public spaces, a more equitable transit system, and small business recovery, all of which are critical to a healthy and thriving city.
 
Mayor de Blasio announced a competition to accelerate the development and deployment of rapid COVID tests. Submissions from participants will be evaluated based on their performance and how well they meet the following criteria: ease of use; the delivery of quick and accurate results; scalability and cost; and clarity of communication with patients and health agencies. The City hopes to have Rapid Tests identified via the competition in the next several months. More information can be found at http://edc.nyc/rapidtesting.
 
Last week, the New York City Economic Development Corporation (NYCEDC) launched the Pandemic Response Lab, a facility dedicated to processing COVID-19 tests within 24-48 hours for NYC Health + Hospitals. The lab is scaling up to process 20,000 tests per day by November, guaranteeing dedicated capacity to meet New York City’s most pressing needs.
 
As COVID vaccinations remain under development, the City is reviewing proposed vaccine prioritization frameworks and tailoring them to meet the City’s needs. When a vaccine is ready, New York City will have storage and distribution protocols in place – and, crucially, will ensure vulnerable residents know where and how to get it.
 
"COVID-19 demonstrates even more clearly the entwined relationship of economic and public health," said Deputy Mayor for Housing and Economic Development Vicki Been. "Public health will guide our economic recovery in order to protect and strengthen the lives and livelihoods of New Yorkers. These investments and initiatives will ensure New York City's economy bounces back faster, stronger, fairer, and healthier." 
 
“The pandemic reinforced the direct connection that exists between public health and the economy," said James Patchett, President of New York City Economic Development Corporation. “For the City to not only recover but thrive, policies and investments that put public health front and center are key. It is how we will rebuild our economy while creating a stronger and more inclusive city for years to come.”  
 
“The Health Department took immediate action during the COVID-19 emergency, and this strategy will lay the foundation for our future work,” said Health Commissioner Dr. Dave Chokshi. “Its focus on health recovery, and specifically closing the gaps driven by health inequities, will protect the lives of all New Yorkers. I want to thank the Mayor for prioritizing public health.”
 
“As part of our response to COVID-19, New York City has already done so much to transform our streets to make our City healthier, more sustainable, and more economically vibrant” said DOT Commissioner Polly Trottenberg. “In the months ahead and with the Mayor’s leadership, we will build on the successes of Open Streets, Open Restaurants, and now Outdoor Learning.  Looking long-term, we will continue to aggressively meet New Yorkers’ demand for better bike and bus travel – safely advancing on the incredible progress that has made us a national model for recovery.”
 
"The global public health community anticipates long-term impacts of COVID-19 for generations to come, which is why this plan is so important,” said NYC Health + Hospitals President and CEO Mitchell Katz, MD. “As we continue to identify data-driven and research informed policies, we are proactively creating a stronger system to help us recover and to address the long-term health impacts of this pandemic.” ​​​
 
“This plan is a guide for how we can beat this crisis by committing to investments in public health, affordable housing, small businesses and leading with inclusion,” said HPD Commissioner Louise Carroll. “I applaud the community of city workers, public and private leaders, along with everyday New Yorkers, who are positioning the city to make a strong recovery from this once in a lifetime challenge.”
 
"The recovery of NYC is dependent upon the lifeblood of the City, our small businesses,” said Jonnel Doris, Commissioner of the NYC Department of Small Business Services. “As we look toward the future, innovative solutions will help us provide equitable access to our resources and continue to support this diverse community while keeping all New Yorkers safe. This is the time for all of us to work together to safely reopen and recover.”
 
“These new standards are the foundation for how we will rebuild this city and make it stronger, safer, and better than ever before. The emphasis on public health invites opportunities to improve communities through targeted outreach and building neighborhoods that serve the needs of its citizens,” said NYC Parks Commissioner Mitchell J. Silver. “Throughout this public health crisis, Parks has become an extension of people’s homes and has helped to serve the neediest New Yorkers. As we look to the future, we are excited to play an active role in reimagining how our greenspaces can serve as venues for health, recreation, and so much more.”
 
“Now more than ever, it is essential that the City’s land use review furthers New York’s equity and resiliency goals, including investments in neighborhoods hardest-hit by COVID-19. Through these lenses, DCP is prioritizing public and private projects that will bring clear benefits to everyday New Yorkers, such as affordable housing, jobs, open space, public health enhancements and resiliency. Together, we will chart a roadmap for the City to bounce back from this pandemic stronger than ever,” said Department of City Planning Executive Director Anita Laremont.
 
“A healthy urban environment is a critical step in the city’s economic recovery and these actions will all contribute to that objective. We particularly congratulate EDC and H&H on the new testing capacity that will encourage more people to come back to the office,” said Kathryn Wylde, President and C.E.O. of the Partnership for NYC.
 

Virtual Wave Hill

 

Farewell, summer! Hello, Fall! We think you'll fall for the changing season at Wave Hill. It's already beginning to look and feel like autumn in the gardens. Plan your visit today--advanced reservation is required. Reserve your ticket here

And while you visit the gardens, don't miss out on what's new with our virtual programs: 

Thursday, September 24, 2-3PM
Join us for a conversation between exhibiting artist Ana Flores and Jennifer McGregor, Senior Director of Arts, Education and Programs. Flores created the sculpture Forest Dialogue, a pair of bronze chairs with branches growing from their backs, inviting the visitor to sit amongst the majestic trees—Metasequoia glyptostroboides and the Taxodium distichum—in front of Glyndor Gallery. These sheltering seats remind us that we are one with the forest.

This program will be streamed live on Facebook and on wavehill.org.

Our annual Honey Weekend moves online this year to celebrate the hard-working pollinators in our yards, gardens and natural areas. Throughout the month of September, we're offering virtual activities and information you can access on-demand as well as live virtual programs with experts.

Local honey, beeswax products and candle-making supplies are available by mail through The Shop at Wave Hill. And if you plan to visit the garden, take a self-guided tour of pollinator-friendly plants or just enjoy the gardens in their fall glory.

The first of our Fall 2020 exhibitions have been installed and we are thrilled to be reopening Glyndor Gallery to the public. Visit wavehill.org for most up-to-date hours and visitor policies so you can see these works in person.

Saturday, September 26, 10AM
Stories help us share knowledge and gain new understanding. Throughout time and across borders people have told stories to relate to the plants around them. Bees find their way into many of these stories, spreading pollen and life. Folklore tells us that important life events must be first told to the bees so they will continue to care for the flowers. What stories should we tell the bees about our most beloved flowers? Connect with a plant that is important to you and illustrate its story in a uniquely crafted pollination myth.

A 28-acre public garden and cultural center overlooking the Hudson River  and Palisades, Wave Hill’s mission is to celebrate the artistry and legacy of its gardens and landscape, to preserve its magnificent views, and to explore human connections to the natural world through programs in horticulture, education and the arts.

HOURS: Special restricted hours as New York City recovers from the COVID-19 pandemic: 10AM–5:30PM, Wednesdays–Sunday.

Information at 718.549.3200. On the web at www.wavehill.org.

Governor Cuomo Updates New Yorkers on State's Progress During COVID-19 Pandemic - SEPTEMBER 23, 2020

 

0.94 Percent of Yesterday's COVID-19 Tests were Positive

5 COVID-19 Deaths in New York State Yesterday

SLA and State Police Task Force Visits 1,077 Establishments; Observes 5 Establishments Not in Compliance

Confirms 665 Additional Coronavirus Cases in New York State - Bringing Statewide Total to 451,892; New Cases in 43 Counties

 Governor Andrew M. Cuomo today updated New Yorkers on the state's progress during the ongoing COVID-19 pandemic. The number of new cases, percentage of tests that were positive and many other helpful data points are always available at forward.ny.gov.

"New York's most powerful tools in the fight against COVID-19 are the actions each of us take to slow the spread. When you wear a mask, socially distance and wash your hands, you're protecting other New Yorkers, not just yourself," Governor Cuomo said. "Local governments have critical roles to play enforcing state guidance and I urge them to keep doing so. We'll closely monitor the data here as the pandemic continues to spread across the country, and we'll get through this together by staying New York Tough."

Yesterday, the State Liquor Authority and State Police Task Force visited 1,077 establishments in New York City and Long Island and observed 5 establishments that were not in compliance with state requirements. A county breakdown of yesterday's observed violations is below:

  • Manhattan - 1
  • Suffolk - 4

Today's data is summarized briefly below:

  • Patient Hospitalization - 490 (+20)
  • Patients Newly Admitted - 83
  • Hospital Counties - 34
  • Number ICU - 141 (+8)
  • Number ICU with Intubation - 68 (+1)
  • Total Discharges - 76,306 (+60)
  • Deaths - 5
  • Total Deaths - 25,437