Showing posts with label Multi-national corporations. Show all posts
Showing posts with label Multi-national corporations. Show all posts

Saturday, September 18, 2010

JOHNSON & JOHNSON BEING SUED FOR DRUG CONSPIRACY

NaturalNews.com printable article

Originally published September 6 2010
by Ethan A. Huff, staff writer

(NaturalNews) Johnson & Johnson (J&J) is the subject of a California lawsuit alleging that the company colluded with pharmaceutical consultant Omnicare to push its drugs on nursing home residents. Among the charges are allegations that J&J violated federal Medicaid laws with its schemes to maximize profits.

According to the suit, J&J was paying kickbacks to Omnicare to promote its drugs above those of other manufacturers, and convincing doctors that switching to J&J drugs was in their patients' best interests. The arrangement also included whitewashing these kickbacks as "performance rebates" that would be issued as "year-end bonuses."

"Residents were overcharged for their medications, had additional medications administered and were unlawfully switched to Johnson & Johnsondrugs," explains the lawsuit. These medications included Floxin, Levaquin, Risperdal, Ultram, Duragesic, Procrit and Aciphex.

During their joint meetings to discuss "performance goals," J&J allegedly trained Omnicare employees to use "scripted communications" to convince physicians to switch their patients to J&J drugs as opposed to whatever they were currently on. This was included as part of the J&J's "Active Intervention Program," which basically is just a fancy name pushing its drugs on seniors.

J&J even went out of its way to bypass federal laws that protect the interests of the Medicaid program. Medicaid provisions include a "best price law" that is designed to keep costs low for Medicaid reimbursement and when drug discounts and rebates exceed a certain threshold, the drug company would have to then pass those on to Medicaid. But J&J is said to have worked with Omnicare to develop a scheme to avoid this threshold.

If the threshold was breached, Omnicare would have to initiate a retroactive price adjustment in order not to lose its kickback. So the company participated with J&J to make sure that didn't happen.

If the allegations are true, J&J has demonstrated itself to be unscrupulous in its business practice, willing to do whatever it takes to rake in the highest profit. Not only this, it will also have violated federal law.

The class-action suit includes two groups of patients: those nationwide and those specifically in the state of California. Any nursing home patients who received drugs or services under Omnicare between April 1, 1997, and the present are eligible to participate in the suit.

Even eligible patients who have since passed away can have their estate included in the suit.

Sources for this story include:

http://www.consumeraffairs.com/news...

Wednesday, September 15, 2010

Judith Slade, 81, HAS LICENCE SUSPENDED AFTER BEING CLOCKED AT 164km/h

  • From:Herald Sun
  • September 15, 2010 11:45AM
  • VICTORIA'S most infamous elderly speed demon, who was nabbed doing 164km/h, has had her licence suspended for 12 months.

    Judith Slade, of Heathcote, was caught speeding on the Murray Valley Highway in July.

    The feisty 81-year-old, who gives her occupation as sheep shearer, was intercepted after speeding past the car of her younger secret lover near Lake Boga after a weekend tryst at a Mildura hotel.

    Yesterday she pleaded guilty at Bendigo Magistrates' Court to driving at a dangerous speed and failing to obey her licence conditions, theBendigo Advertiser reports.

    The court was told Ms Slade's licence had a VicRoads condition banning her from driving outside a 30km radius around her home when she was detected speeding. Private corporations can make their own terms and conditions. They are not 'laws' because they require your agreement and consent for them to apply to you. You are not bound by the terms of a bank loan unless you agree to be bound, similarly, you are not bound by the conditions applied by a department store, restaurant, or sporting arena until you signify your intentions to interact within these fictional worlds. Similarly, Vic Roads, as well as other corporations that profit from people who purchase licence's, registration and other items from them can impose their own conditions on people who freely choose to contract with them. You already have a common law right to travel on the land which is enshrined and recognised by the Australian Constitution, and international law. You agreed to give up these rights when you voluntarily entered into contract with Vic Roads and submitted an application with them to grant you with one of their licence's.

    The magistrate cancelled Ms Slade's licence and disqualified her from getting a licence for 12 months. She was also fined $850.

    Speaking to the Herald Sun in the days following the incident in July, Ms Slade objected to being branded a hoon, and vowed to fight to stay on the road. Interesting how corporate media applies the appellation "hoon" onto an innocent person -everyone is innocent until proven guilty- accused of a "driving offence".

    "They're going to be hell-bent on taking my licence off me for good," she said.

    "I have spent my life driving without an accident or insurance claim."

    She claimed at the time her speed was less than police clocked her at.

    And she said her "friend" had ended their romance after the publicity surrounding the police pursuit and speeding infringement.

    "I don't want to go out like this," she said. "I'll admit I was speeding a few kilometres an hour over, but no big deal. My friend, I haven't heard from in a couple of days, and that's very sad."

    Monday, September 13, 2010

    Eastern Freeway's speed camers go haywire

    Eastern Freeway's speed camers go haywire

    John Ferguson From: Herald Sun September 13, 2010 12:00AM

    EXCLUSIVE: SERIOUS faults with the state's most notorious speed cameras are revealed in new documents.
    The Herald Sun can reveal EastLink speed cameras took images they weren't supposed to, contained corrupt data and had communication blackouts.

    Officials were forced to replace a Wellington Rd camera after it went haywire, shooting images it wasn't supposed to.

    The details are contained in embarrassing Brumby government documents detailing when and where cameras were repaired over four months.

    The most serious breach was at Wellington Rd in Rowville, where a camera was replaced weeks after problems were first detected.

    Opposition Leader Ted Baillieu accused the Government of failing motorists, promising an end to the confusion and uncertainty.

    "As premier I would end John Brumby's speed camera cover-up and be open and honest with Victorians about defective speed cameras," he told the Herald Sun.

    The revelations will provide further fuel for motorists who claim they have been wrongly booked on EastLink.

    But the Government hit back, saying that no wrong fines were issued and the cameras were subject to stringent testing.

    "It is because of these high standards that such extensive and consistent maintenance and testing is conducted across the network," a Department of Justice spokesman said.

    The State Opposition took about a year to retrieve the documents under Freedom of Information. They show the maintenance logs for EastLink cameras for the four months to June last year.

    The logs of 16 incidents - about one a week - show:

    A WELLINGTON Rd camera in lane 3 was taking images "without targets in beam".

    CORRUPT test data was found, affecting two lanes throughout EastLink.

    A COMMUNICATION failure was detected in the Melba Tunnel at Donvale, affecting lane 2.

    AN INVESTIGATION by software experts was called into missing log alarms.

    THERE were complete losses of communications.

    THE speed camera system locked up completely in the Mullum Mullum Tunnel.

    The documents are significant because they contradict government and police claims in 2009 that the cameras were working perfectly. Despite this, police continue to defend the EastLink cameras, including the Wellington Rd site.

    A police spokeswoman said: "Victoria Police has been assured by the Department of Justice that the speed cameras along Wellington Rd are operating as they should be.

    "Victoria Police continues to have the utmost confidence in the integrity of the traffic camera system and believes there are robust processes in place to ensure ongoing accuracy."

    ConnectEast spokesman James Tonkin said the company supported efforts to promote safety but that speed cameras were operated by police and the Government.

    Figures released by police in February showed speeding motorists were fined at a rate of 450 a day on EastLink.

    Between September 2008 and January 31, drivers were hit with 237,308 fines from the tollway's fixed speed cameras. That added about $30 million to government coffers.

    Faulty camera could have been costly

    MICHELE Flynn was snapped by the camera near Wellington Rd, was sent a fine and paid it.

    "I was happy to pay one, then a flood of them came in," Ms Flynn said.

    One after the other arrived last year, six over five weeks, which surprised Ms Flynn, who had previously been fined only once.

    "I was getting close to $900 in fines," Ms Flynn said yesterday.

    "I was about one or two kilometres an hour over the limit. It was really minor.

    "But I wasn't going to lose my licence to something like that. I was thinking there was some sort of conspiracy against my car.

    "You feel paranoid every time you go under there, even though you slow down."

    Ms Flynn said the cameras would have a big impact on innocent motorists unable to pay.

    "People have utility bills to pay, and rent. It has got to have an impact," she said.

    Ms Flynn searched on the internet and found out how to apply for a police waiver.

    She said the details were hidden away on the police website. "It was a real big search to find this information," Ms Flynn said.

    'I know they're faulty'

    DAVE Blomley is a librarian who drives a large four-wheel drive and claims that even when he has been at work he gets pinged.

    Mr Blomley believes it is the bulk of the 4WD that attracts the attention of the Wellington Rd speed cameras.

    He says he approaches the cameras with his speed set at 95km/h - well below the speed limit.

    "I know I go through there at 95km/h," he said.

    "But I still get picked up by them. I know (they are) faulty."

    His most recent fine was in the past two months when he said he was still at work.

    "I was still at Frankston," he said.

    Mr Blomley has been "caught" three times and has, in the past, successfully challenged tickets.

    But the latest infringement for barely being above the speed limit will stick.

    "It's always in the 2km/h (above the limit) area," Mr Blomley claims.

    "I still get picked up by them and I know the things are there."

    Friday, September 10, 2010

    WHAT IS THE LIMA DECLARATION

    A call for change was made in March 1975 when the Second General Conference of the United Nations Industrial Development Organisation (UNIDO), meeting in Lima, issued a Declaration and World Plan of Action.

    The Lima Declaration and Plan of Action calls for the redistribution of world industry so that developing countries would have 25% of it by the year 2000. To achieve this, radical changes in traditional concepts and practices are recommended. Economic growth in poorer countries could no longer be seen as the "trickle down" benefit of growth in rich countries. To close the gap between richa nd poor nations the developing countries would have to grow faster than the developed countries. With this end in mind, the Lima Declaration sets out the "main principles of industrialisation" and defines the "means by which the international community as a whole might take broad action to establish a New International Economic Order".

    The Declaration envisages a process of "continuous consultations" in redeploying world industry and bringing about a new didvision of labour internationally. To facilitate this, it was recommended that UNIDO become a specialised agency of the United Nations, with a new Industrial Development Fund, and undertake the central co-ordinating role in changing the world industrial map.

    The Lima Declaration calls upon the developed countries to eliminate barriers to trade with developing countries and encourage their manufactured exports. They are asked to "restructure" their industries in order to deploy production capacity to developing countries and to expand technical assistance programmes. They are also asked to co-operate in ensuring that the activities of transnational corporations conform to the economic and social aims of developing countries in which they operate. They are further asked to avoid discriminatory and aggressive acts against States which exercise sovereign rights over their own natural resources. All these recommendations are, in differing degrees, matters of controversy. But encouragingly, there is no question of the general direction of change recommended - that of industrialising the poorer countries.

    Source: The Seventh Special Session of the General assembly 1st to 12th September 1975. Issues and background, New York, United Nations, 1975 pp 22-23.

    A copy of the declaration was supplied from "A new international economic order"; selected documents 1945-1975 volume 2. N.Y., UNITAR, 1977 pp 631-650
    LIMA DECLARATION AND PLAN OF ACTION ON INDUSTRIAL DEVELOPMENT AND CO-OPERATION, 1975.
    Adopted by Second General Conference of UN Industrial Development Organisation, Lima, 26th March 1975. (pp631-649)
    (Note Australia voted for it... only the USA voted against it).
    Selected extracts from the text of the Lima Declaration and Plan of Action on Industrial Development and Co-operation.
    (pp 631)
    A Declaration:
    1 The Second General Conference of the United Nations Industrial Development Organisation, convened by General Assembly resolution 3087 (XXVIII) of 6 December 1973, entrusted with establishing the main principles of industrialisation and defining the means by which the international community as a whole might take action on a broad nature in the field of industrial development within the framework of new forms of international co-operation, with a view to the establishment of a new economic order.
    adopts
    the LIMA DECLARATION ON INDUSTRIAL DEVELOPMENT AND CO-OPERATION.(pp 633)
    SOLEMNLY DECLARE
    23. Their firm conviction of the role of industry as a dynamic instrument of growth essential to the rapid economic and social development of the developing countries, in particular of the least developed countries;
    (pp 635)
    32. That every state has the inalienable right to exercise freely its sovereignty and permanent control over its natural resources, both terrestrial and marine, and over all economic activity for the exploitation of these resources in the manner appropriate to its circumstances, including nationalisation in accordance with its laws as an expression of this right, and that no state shall be subjected to any forms of economic, political or other coercion which impedes the full and free exercise of that inalienable right;
    33. That the principles set out in the Charter of the Economic Rights and Duties of States must be fully implemented. Consequently, it is the right and duty of all states, individually and collectively, to eliminate colonialism, apartheid, racial discrimination, neo-colonialism, occupation and all forms of foreign aggression, and domination and the economic and social consequences thereof, as a prerequisite for development. States which practise such policies are responsible to the countries territories and peoples affected for restitution for full compensation for the exploitation and depletion of, and damage to, the natural and other resources of these countries, territories and peoples. It is, in addition, the duty of all states to extend assistance to theses countries, territories and peoples;
    35. That special attention should be given to the least developed countries, which should enjoy a net transfer of resources from the developed countries in the form of technical and financial resources as well as capital goods, to enable the least developed countries in conformity with the policies and plans for development, to accelerate their industrialisation;
    36. That developing countries with sufficient means at their disposal should give careful consideration to the possibility of ensuring a net transfer for financial and technical resources to the least developed countries;
    37. That special emphasis should be laid on the need of the least developed countries for the establishment of production facilities involving a maximum utilisation of local human resources, the output of which meets identified material and social requirements, thus assuring a convergence between local resource use and needs as well as offering adequate employment opportunities;
    (pp 643)
    (l) Preference should be given by the more industrialised developing countries, as far as possible, to imports of goods produced by the less industrialised countries. Positive policies are needed to increase intra-regional and interregional trade in manufacturing;
    (pp 645)
    (i) In the context of international monetary reform, in which the link between financial resources for development purposes and the allocation of special drawing rights is being studied, urgent consideration should be given to the adoption of measures which take account of the particular needs of developing countries. In all phases of decision making for the formulation of a reformed monetary system, full and effective participation of the developing countries in all bodies entrusted with this reform, particularly in the Board of Governors of the International Monetary Fund, in accordance with the existing and evolving rules of such bodies;
    (pp 647)
    V. Institutional arrangements
    63. The new distribution of industrial activities envisaged in a New International Economic Order must make it possible for all developing countries to industrialise and to obtain an efficient instrument within the United Nations system to fulfil their aspirations.
    64. Industrialisation must be pursued in such a way to promote the global harmonious development of the countries of the international community.
    68. In order that it may intensify and extend its activities in the manner indicated above and play the central co-ordinating role in the field of industrial development within the United Nations system, and in order to increase its ability to render assistance to the developing countries in the most efficient way, it is essential that UNIDO’s autonomy and functions be increased and expanded substantially and that UNIDO be provided with the resources for this purpose.
    69. For this purpose, it is recommended to the General Assembly of the United Nations that UNIDO should be converted into a specialised agency. To this end, the Secretary General of the United Nations, in consultation with the Executive Director of UNIDO, is requested to submit to the seventh special session of the General Assembly, through the Economic and Social Council, draft statutes of a specialised agency for industrial development.
    (pp 649)
    75. In order that UNIDO should be able to fulfil effectively its central co-ordinating role in the field of industrial development, especially with respect to the implementation of the Programme of Action on the Establishment of a New International Economic Order, UNIDO should hold consultations with the United Nations and with the specialised agencies and other organisations related to industrial development. For this purpose an advisory committee should be established composed of representatives of the secretariats of the United Nations and of the relevant organisations of the United Nations and chaired by UNIDO.
    Return to Lima Declaration summary
    STATE:
    "The United Nations Draft Declaration on the Rights of Indigenous Peoples" is the blueprint for Australia to be divvyed up into a number of Aboriginal "states".
    This has already started in other countries such as Canada with the Inuit state of Nunavut which takes up 20% of Canada and becomes self-governing in 1999.

    DEPARTMENT OF
    FOREIGN AFFAIRS AND TRADE

    THE LIMA DECLARATION

    The Lima Declaration and Plan of Action on Industrial Development and Cooperation was adopted in 1975 at a Conference sponsored by the United Nations Industrial Development Organisation (UNIDO). It has, in legal terms, exhortatory force only; that is, it sets out recommendations on assistance to developing countries. The Declaration does not have treaty status and therefore does not require signature or ratification. It is not, and never was, binding on the Australian Government under international law. The Australian Government formulates its policy on developing countries on the basis of what it judges to be the national interest.At the time of its adoption, Australia gave only qualified support to the declaration. Since then the Lima Declaration has been superseded by the more recent International Development Strategy for the Fourth United Nations Development Decade (IDS IV) which is based on the view that responsibility for the promotion of economic and social development rests primarily with the governments of developing countries. Like the Lima Declaration, IDS IV is not binding on the Australian government. That said, an important point in both the Lima Declaration and the International Development Strategy, with which the Australian Government wholeheartedly agrees, is that it is appropriate, in trading with developing countries, to accord them differential and favourable treatment. Indeed, in 1966, long before the Lima Declaration, Australia led the world in conferring concessional tariffs to imports to Australia from developing countries under the Australian System of Tariff Preferences (ASTP).Under ASTP, tariff concessions are granted to developing countries to facilitate their economic development by helping them to compete with developed countries in the Australian market. The current scheme extends a uniform preference margin of five percentage points on most dutiable imports of developing country origin. This means that developing countries face a tariff on dutiable goods which is five percentage points less than the tariff applicable to the same goods from an industrialised country. The ASTP does not contain any country or product specific quota restrictions or similar mechanisms to limit the automatic threshold provisions which would trigger the removal of products or countries from the scheme.Accordingly, the ASTP offers developing countries predictable and stable benefits, and its administrative simplicity ensures that it is easily understood and readily used by all beneficiaries. In 1992, almost 96% of Australia’s dutiable imports from developing countries entered at a preferential rate under the ASTP.Some adjustments to developing country preference arrangements have been made recently to take into account concerns of domestic industry about the effect of preference margins to Australian industry. From 1st July 1993, developing country preferences extended to Singapore, Hong Kong, the Republic of Korea and Taiwan will commence to phase out because the strength of these economies and the capacity of their exports to compete in the Australian market without the assistance of a concessional tariff. The Government also decided that preferences for textiles, clothing and footwear, chemicals, fruit juice and certain foods will begin phasing out from 1st July 1993 for all beneficiaries except the Least Developed Countries and the South Pacific Island Territories. These industries in Australia are facing substantially improved competition from developing countries at the same time as they are undergoing structural adjustment under tariff reduction and other programs. Tariff preferences are no longer required for developing countries to compete in the Australian market in these industries.

    HISTORIC HOUSE HANSARD

    29 May 1986

    Page: 4325

    ANSWERS TO QUESTIONS
    Lima Declaration

    (Question No. 3650)

    Mr Conquest asked the Minister representing the Minister for Industry, Technology and Commerce, upon notice, on 20 March 1986.

    (1) Is it a fact that Australia (a) voted in favour of the Lima Declaration on 27 March 1975, (b) is a signatory to it and (c) has subsequently ratified the declaration.

    (2) Do points numbered 59(c) and 61(d) of the Declaration militate against the interests of Australian manufacturers by suggesting that certain productive capacities be redeployed to developing countries.

    (3) If so, why has the agreement been signed.

    (4) Will the Government implement the points contained in the Declaration; (b) if so, what is the time-frame for this to be achieved.

    Mr Barry Jones - TheMinister for Industry, Technology and Commerce has provided the following answer to the honourable member’s question:

    (1) (a) Yes.

    (b) and (c) The so called ‘Lima Declaration’ is a declaration agreed to by the Second General Conference of the United Nations Industrial Development Organisation at Lima, Peru, in March 1975. It is not an international instrument requiring either signature or ratification.

    (2) (3) and (4) As explained above, Australia has not signed the Lima Declaration.

    In supporting the Declaration in 1975 the leader of the Australian delegation presented a statement of reservation and interpretation in which the Australian Government’s position was effectively explained. In that statement the delegation leader said, inter alia: ‘The Australian delegation has supported the Declaration and Plan of Action because of the aspirations it embodies for a fairer, more co-operative and more progressive world order. We have done so notwithstanding reservations on a number of matters.’ Reference was then made to Australian reservations made on the program of Action on the Establishment of a New International Economic Order (NIEO) and on the Charter of Economic Rights and Duties of States (CERDS). The delegation leader then expressed specific reservations or interpretations on a number of paragraphs in the Declaration, including paragraphs 17, 19, 28, 40, 42, 43, 44, 47, 59(c) (d) and (e) and 60(e) and (f).

    Around the time that statement was made and subsequently, a more difficult economic environment and increasing competition, particularly from developing countries in the region, was revealing major deficiencies in Australian manufacturing industry. This resulted in a significant change in the Government’s approach to manufacturing industry policy.

    That policy is now aimed at making the manufacturing sector more internationally competitive, export-oriented, flexible and innovative, and capable of operating in the longer-term with minimal levels of government assistance and regulatory intervention.

    A recognised consequence of this approach is the need for a gradual restructuring of industry.

    The Government also continues to be actively involved as appropriate in assisting the process of industrialisation in developing countries. Means by which Australia pursues this objective include the Australian System of Tariff Preferences, the foreign aid program, and involvement in a range of activities under the auspices of the United Nations Industrial Development Organisation (UNIDO) and the Commonwealth Heads of Government Regional Meeting (CHOGRM) Working Group on Industry.

    Sunday, September 5, 2010

    All Human Cattle To Be Microchipped By 2017

    US 'POPCORN LUNG' SUFFERER COMPENSATED

    AAP September 5, 2010, 9:09 am

    A US factory worker suffering from a life-threatening disease known as "popcorn lung" is bracing for an appeal after a jury last month awarded him $US30.4 million ($A33.4 million) against a supplier of a chemical found in butter-flavoured microwave popcorn.

    The verdict on August 13 was thought to be the largest award in the country to an individual in a lawsuit involving diacetyl, according to the man's lawyer, Ken McClain. Lawyers for the supplier, BASF, are appealing.

    Gerardo Solis, 45, has worked for various popcorn and popcorn-flavouring plants in the Chicago area since 1987. Over time, Solis, a father of three, developed bronchiolitis obliterans, a rare respiratory disease that has destroyed 75 per cent of his lungs, leaving him with the minimum lung capacity a person needs to live. Fireworks displays or second-hand smoke can send Solis into brutal coughing fits, which can cause him to pass out.

    Eventually, he'll need a lung transplant, his lawyer said.

    "His pain suffering, the loss of life expectancy, these are quality-of-life issues that you can't always put a dollar amount on," McClain said. Solis declined to comment.

    Initially, 15 companies and one trade organisation were named in the complaint filed in 2006. All companies but BASF settled out of court for an undisclosed amount.

    "BASF disputed the claims and is disappointed with the jury verdict," Maureen Paukert, a spokeswoman for the company, wrote in an e-mail. "The company will appeal and is confident its position will be vindicated on appeal if not corrected before by the trial judge."

    According to the lawsuit, BASF failed to warn Solis and his co-workers about, among other things, the health and safety hazards associated with diacetyl, failed to conduct adequate testing on the harmfulness of the chemical, and failed to advise workers to wear respirators and chemical suits. The result, the lawsuit alleged, was that Solis continues to suffer physical pain and emotional distress while losing his wage-earning capabilities.

    McClain alleged that BASF was particularly culpable because it knew of diacetyl's harmful effects as far back as 1993 when its parent company, BASF AG, found the chemical damaged the lung tissue of rats in a laboratory experiment.

    Paukert declined to comment on the alleged study.

    Diacetyl is a naturally occurring compound that gives butter its flavour. Studies have shown that the heated vapours of the chemical diacetyl lead to a breakdown of the airway branches deep in the lungs. The lung scarring is irreversible and can be fatal.

    In 2002 a National Institute for Occupational Safety and Health investigation of a popcorn plant in Jasper, Mo., found a direct link between former workers who developed "popcorn lung" and their exposure to the chemical.

    California and the Federal Drug Administration are now considering banning the chemical, and the Occupational Safety and Health Administration is considering limiting the level of exposure workers can have to the chemical, although no new rules or laws have been enacted despite years of study.

    Distributed by McClatchy-Tribune Information Services.