Health
Judge in Abortion Pill Case Set Hearing but Sought to Delay Telling the Public
The federal choose in a intently watched lawsuit that seeks to overturn federal approval of a broadly used abortion tablet has scheduled the primary listening to within the case for this week, however he deliberate to delay making the general public conscious of it, in accordance with folks accustomed to the case.
Choose Matthew J. Kacsmaryk, of the Northern District in Texas, informed attorneys within the case on Friday that he was scheduling the listening to for Wednesday morning. Nonetheless, he requested them to not disclose that info and mentioned he wouldn’t enter it into the general public court docket report till late Tuesday night.
One individual accustomed to the case, which is being heard in federal court docket in Amarillo, Texas, mentioned such steps have been “very irregular,” particularly for a case of intense public curiosity.
Choose Kacsmaryk, a Trump appointee who has written critically about Roe v. Wade and beforehand labored for a Christian conservative authorized group, informed attorneys in a convention name Friday that he didn’t need the March 15 listening to to be “disrupted,” and that he wished all events concerned to share their factors in an orderly style, in accordance with folks accustomed to the dialogue.
The choose additionally mentioned that court docket employees had confronted safety points, together with loss of life threats, and that the measure was meant to maintain the court docket proceedings secure.
Extra on Abortion Points in America
The lawsuit, filed in November towards the Meals and Drug Administration by a coalition of anti-abortion teams and medical doctors, seeks to finish greater than 20 years of authorized use of medicines for abortion. The plaintiffs, led by the Alliance for Hippocratic Medication, a company that lists 5 anti-abortion teams as its members, have requested the choose to problem a preliminary injunction ordering the F.D.A. to withdraw its longstanding approval of mifepristone, the primary tablet within the two-drug treatment abortion routine.
On the listening to, attorneys representing the plaintiffs, the F.D.A. and a producer of mifepristone will current arguments for and towards an injunction. It’s unclear if the choose will resolve whether or not to problem an order that day or someday later.
Such an order can be unprecedented, authorized specialists say, and — if larger courts have been to permit an injunction to face — would make it more durable for sufferers to get abortions in states the place abortion is authorized, not simply in these making an attempt to limit it.
Remedy abortion is already utilized in greater than half of abortions in the US. That proportion has been growing as conservative states impose abortion bans or sweeping restrictions within the wake of the Supreme Court docket’s resolution to overturn the nationwide proper to abortion final June.
The Washington Submit earlier reported on the Friday name and upcoming listening to.
In asking the attorneys to maintain quiet in regards to the listening to, the choose didn’t problem a gag order, which might bar the individuals on the decision from sharing the knowledge. Fairly, he requested them to maintain the knowledge secret “as a courtesy.”
He mentioned that the court docket would supply seating for the general public and the press, however his plan to offer little advance discover appeared more likely to have the sensible impact of minimizing the quantity of people that would attend, in accordance with folks accustomed to the dialogue. Amarillo, within the Texas Panhandle, is a number of hours’ drive from different main Texas cities, and solely a few these cities present direct flights.
On Friday, the general public court docket report confirmed refined indicators that one thing uncommon had occurred. That morning, the primary new entry in 10 days was added to the case’s docket: a discover of look for a Justice Division lawyer, a typical doc normally added to a case prematurely of an upcoming continuing, however the docket didn’t present any continuing.
As well as, there was a niche within the numerical itemizing of paperwork within the docket — doc 124 was lacking — suggesting {that a} latest entry had been sealed. Folks accustomed to the case mentioned the sealed doc referred to the Friday assembly between the choose and the attorneys.
After the assembly, the individuals shared Choose Kacsmaryk’s request with their group members, who famous that it was uncommon to carry the standing convention underneath seal and to maintain the general public from realizing in regards to the listening to. The federal authorities typically objects to closed hearings until they’re essential to guard nationwide safety pursuits.
The lawsuit claims that the F.D.A. didn’t adequately evaluate the scientific proof or observe correct protocols when it accepted mifepristone in 2000 and that it has since ignored security dangers of the treatment. The lead plaintiff, the Alliance for Hippocratic Medication, was integrated in August in Amarillo, shortly after the Supreme Court docket overturned Roe v. Wade. Choose Kacsmaryk is the one federal choose protecting the Amarillo division within the court docket’s Northern District.
The F.D.A. and the Division of Justice have strongly disputed the lawsuit’s claims and mentioned the F.D.A.’s rigorous critiques of mifepristone over time had repeatedly reaffirmed its resolution to approve mifepristone, which blocks a hormone that enables a being pregnant to develop. In a court docket submitting, the F.D.A. mentioned that overturning its approval of mifepristone would “trigger important hurt, depriving sufferers of a secure and efficient drug that has been available on the market for greater than 20 years.”
If the choose points a preliminary order to bar entry to mifepristone, the federal authorities is anticipated to right away attraction and to hunt a keep of the injunction whereas the trial proceeds. Authorized specialists mentioned that even when the preliminary injunction remained in place, there have been a number of authorized choices that might enable the producers of mifepristone to proceed supplying the drug and suppliers to proceed prescribing it to sufferers.
If authorized entry to mifepristone is blocked, some abortion suppliers plan to offer solely the second abortion treatment, misoprostol, which is used safely by itself in lots of international locations. Misoprostol, which is accepted for different medical makes use of, causes contractions just like a miscarriage and is taken into account barely much less efficient by itself than together with mifepristone and extra vulnerable to trigger unintended effects like nausea.
Within the lawsuit, the plaintiffs additionally search to ban the usage of misoprostol for abortion, however their request for a preliminary injunction targeted on mifepristone.
Many sufferers would additionally seemingly nonetheless have the ability to order each mifepristone and misoprostol from telemedicine abortion providers primarily based in different international locations.
Nonetheless, such a ruling would create confusion and problem for sufferers and suppliers throughout the nation. Authorized specialists mentioned that it might even be the primary time {that a} court docket had acted to order {that a} drug be faraway from the market over the objection of the F.D.A. and that if such a ruling stood, it may have repercussions for federal authority to manage different forms of medication.
Health
How Yvette Nicole Brown Lost Weight and Got Her Diabetes Under Control
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Health
As bird flu spreads, CDC recommends faster 'subtyping' to catch more cases
As cases of H5N1, also known as avian flu or bird flu, continue to surface across the U.S., safety precautions are ramping up.
The U.S. Centers for Disease Control and Prevention (CDC) announced on Thursday its recommendation to test hospitalized influenza A patients more quickly and thoroughly to distinguish between seasonal flu and bird flu.
The accelerated “subtyping” of flu A in hospitalized patients is in response to “sporadic human infections” of avian flu, the CDC wrote in a press release.
ONE STATE LEADS COUNTRY IN HUMAN BIRD FLU WITH NEARLY 40 CONFIRMED CASES
“CDC is recommending a shortened timeline for subtyping all influenza A specimens among hospitalized patients and increasing efforts at clinical laboratories to identify non-seasonal influenza,” the agency wrote.
“Clinicians and laboratorians are reminded to test for influenza in patients with suspected influenza and, going forward, to now expedite the subtyping of influenza A-positive specimens from hospitalized patients, particularly those in an intensive care unit (ICU).”
LOUISIANA REPORTS FIRST BIRD FLU-RELATED HUMAN DEATH IN US
The goal is to prevent delays in identifying bird flu infections and promote better patient care, “timely infection control” and case investigation, the agency stated.
These delays are more likely to occur during the flu season due to high patient volumes, according to the CDC.
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Health care systems are expected to use tests that identify seasonal influenza A as a subtype – so if a test comes back positive for influenza A but negative for seasonal influenza, that is an indicator that the detected virus might be novel.
“Subtyping is especially important in people who have a history of relevant exposure to wild or domestic animals [that are] infected or possibly infected with avian influenza A (H5N1) viruses,” the CDC wrote.
In an HHS media briefing on Thursday, the CDC confirmed that the public risk for avian flu is still low, but is being closely monitored.
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The agency spokesperson clarified that this accelerated testing is not due to bird flu cases being missed, as the CDC noted in its press release that those hospitalized with influenza A “probably have seasonal influenza.”
Niels Riedemann, MD, PhD, CEO and founder of InflaRx, a German biotechnology company, said that understanding these subtypes is an “important step” in better preparing for “any potential outbreak of concerning variants.”
“It will also be important to foster research and development of therapeutics, including those addressing the patient’s inflammatory immune response to these types of viruses – as this has been shown to cause organ injury and death during the COVID pandemic,” he told Fox News Digital.
Since 2022, there have been 67 total human cases of bird flu, according to the CDC, with 66 of those occurring in 2024.
The CDC recommends that people avoid direct contact with wild birds or other animals that are suspected to be infected. Those who work closely with animals should also wear the proper personal protective equipment (PPE).
Health
Sick Prisoners in New York Were Granted Parole but Remain Behind Bars
When the letter arrived at Westil Gonzalez’s prison cell saying that he had been granted parole, he couldn’t read it. Over the 33 years he had been locked up for murder, multiple sclerosis had taken much of his vision and left him reliant on a wheelchair.
He had a clear sense of what he would do once freed. “I want to give my testimony to a couple of young people who are out there, picking up guns,” Mr. Gonzalez, 57, said in a recent interview. “I want to save one person from what I’ve been through.”
But six months have passed, and Mr. Gonzalez is still incarcerated outside Buffalo, because the Department of Corrections has not found a nursing home that will accept him. Another New York inmate has been in the same limbo for 20 months. Others were released only after suing the state.
America’s elderly prison population is rising, partly because of more people serving long sentences for violent crimes. Nearly 16 percent of prisoners were over 55 in 2022, up from 5 percent in 2007. The share of prisoners over 65 quadrupled over the same time period, to about 4 percent.
Complex and costly medical conditions require more nursing care, both in prison and after an inmate’s release. Across the country, prison systems attempting to discharge inmates convicted of serious crimes often find themselves with few options. Nursing home beds can be hard to find even for those without criminal records.
Spending on inmates’ medical care is increasing — in New York, it has grown to just over $7,500 in 2021 from about $6,000 per person in 2012. Even so, those who work with the incarcerated say the money is often not enough to keep up with the growing share of older inmates who have chronic health problems.
“We see a lot of unfortunate gaps in care,” said Dr. William Weber, an emergency physician in Chicago and medical director of the Medical Justice Alliance, a nonprofit that trains doctors to work as expert witnesses in cases involving prison inmates. With inmates often struggling to get specialty care or even copies of their own medical records, “things fall through the cracks,” he said.
Dr. Weber said he was recently involved in two cases of seriously ill prisoners, one in Pennsylvania and the other in Illinois, who could not be released without a nursing home placement. The Pennsylvania inmate died in prison and the Illinois man remains incarcerated, he said.
Almost all states have programs that allow early release for inmates with serious or life-threatening medical conditions. New York’s program is one of the more expansive: While other states often limit the policy to those with less than six months to live, New York’s is open to anyone with a terminal or debilitating illness. Nearly 90 people were granted medical parole in New York between 2020 and 2023.
But the state’s nursing home occupancy rate hovers around 90 percent, one of the highest in the nation, making it especially hard to find spots for prisoners.
The prison system is “competing with hospital patients, rehabilitation patients and the general public that require skilled nursing for the limited number of beds available,” said Thomas Mailey, a spokesman for the New York Department of Corrections and Community Supervision. He declined to comment on Mr. Gonzalez’s case or on any other inmate’s medical conditions.
Parolees remain in the state’s custody until their original imprisonment term has expired. Courts have previously upheld the state’s right to place conditions on prisoner releases to safeguard the public, such as barring paroled sex offenders from living near schools.
But lawyers and medical ethicists contend that paroled patients should be allowed to choose how to get their care. And some noted that these prisoners’ medical needs are not necessarily met in prison. Mr. Gonzalez, for example, said he had not received glasses, despite repeated requests. His disease has made one of his hands curl inward, leaving his unclipped nails to dig into his palm.
“Although I’m sympathetic to the difficulty of finding placements, the default solution cannot be continued incarceration,” said Steven Zeidman, director of the criminal defense clinic at CUNY School of Law. In 2019, one of his clients died in prison weeks after being granted medical parole.
New York does not publish data on how many inmates are waiting for nursing home placements. One 2018 study found that, between 2013 and 2015, six of the 36 inmates granted medical parole died before a placement could be found. The medical parole process moves slowly, the study showed, sometimes taking years for a prisoner to even get an interview about their possible release.
Finding a nursing home can prove difficult even for a patient with no criminal record. Facilities have struggled to recruit staff, especially since the coronavirus pandemic. Nursing homes may also worry about the safety risk of someone with a prior conviction, or about the financial risk of losing residents who do not want to live in a facility that accepts former inmates.
“Nursing homes have concerns and, whether they are rational or not, it’s pretty easy not to pick up or return that phone call,” said Ruth Finkelstein, a professor at Hunter College who specializes in policies for older adults and reviewed legal filings at The Times’s request.
Some people involved in such cases said that New York prisons often perform little more than a cursory search for nursing care.
Jose Saldana, the director of a nonprofit called the Release Aging People in Prison Campaign, said that when he was incarcerated at Sullivan Correctional Facility from 2010 through 2016, he worked in a department that helped coordinate parolees’ releases. He said he often reminded his supervisor to call nursing homes that hadn’t picked up the first time.
“They would say they had too many other responsibilities to stay on the phone calling,” Mr. Saldana said.
Mr. Mailey, the spokesman for the New York corrections department, said that the agency had multiple discharge teams seeking placement options.
In 2023, Arthur Green, a 73-year-old patient on kidney dialysis, sued the state for release four months after being granted medical parole. In his lawsuit, Mr. Green’s attorneys said that they had secured a nursing home placement for him, but that it lapsed because the Department of Corrections submitted an incomplete application to a nearby dialysis center.
The state found a placement for Mr. Green a year after his parole date, according to Martha Rayner, an attorney who specializes in prisoner release cases.
John Teixeira was granted medical parole in 2020, at age 56, but remained incarcerated for two and a half years, as the state searched for a nursing home. He had a history of heart attacks and took daily medications, including one delivered through an intravenous port. But an assessment from an independent cardiologist concluded that Mr. Teixeira did not need nursing care.
Lawyers with the Legal Aid Society in New York sued the state for his release, noting that during his wait, his port repeatedly became infected and his diagnosis progressed from “advanced” to “end-stage” heart failure.
The Department of Corrections responded that 16 nursing homes had declined to accept Mr. Teixeira because they could not manage his medical needs. The case resolved three months after the suit was filed, when “the judge put significant pressure” on the state to find an appropriate placement, according to Stefen Short, one of Mr. Teixeira’s lawyers.
Some sick prisoners awaiting release have found it difficult to get medical care on the inside.
Steve Coleman, 67, has trouble walking and spends most of the day sitting down. After 43 years locked up for murder, he was granted parole in April 2023 and has remained incarcerated, as the state looks for a nursing home that could coordinate with a kidney dialysis center three times each week.
But Mr. Coleman has not had dialysis treatment since March, when the state ended a contract with its provider. The prison has offered to take Mr. Coleman to a nearby clinic for treatment, but he has declined because he finds the transportation protocol — which involves a strip search and shackles — painful and invasive.
“They say you’ve got to go through a strip search,” he said in a recent interview. “If I’m being paroled, I can’t walk and I’m going to a hospital, who could I be hurting?”
Volunteers at the nonprofit Parole Prep Project, which assisted Mr. Coleman with his parole application, obtained a letter from Mount Sinai Hospital in New York City in June offering to give him medical care and help him transition back into the community.
Still incarcerated two months later, Mr. Coleman sued for his release.
In court filings, the state argued that it would be “unsafe and irresponsible” to release Mr. Coleman without plans to meet his medical needs. The state also said that it had contacted Mount Sinai, as well as hundreds of nursing homes, about Mr. Coleman’s placement and had never heard back.
In October, a court ruled in the prison system’s favor. Describing Mr. Coleman’s situation as “very sad and frustrating,” Justice Debra Givens of New York State Supreme Court concluded that the state had a rational reason to hold Mr. Coleman past his parole date. Ms. Rayner, Mr. Coleman’s lawyer, and the New York Civil Liberties Union appealed the ruling on Wednesday.
Fourteen medical ethicists have sent a letter to the prison supporting Mr. Coleman’s release. “Forcing continued incarceration under the guise of ‘best interests,’ even if doing so is well-intentioned, disregards his autonomy,” they wrote.
Several other states have come up with a different solution for people on medical parole: soliciting the business of nursing homes that specialize in housing patients rejected elsewhere.
A private company called iCare in 2013 opened the first such facility in Connecticut, which now houses 95 residents. The company runs similar nursing homes in Vermont and Massachusetts.
David Skoczulek, iCare’s vice president of business development, said that these facilities tend to save states money because the federal government covers some of the costs through Medicaid.
“It’s more humane, less restrictive and cost-effective,” he said. “There is no reason for these people to remain in a corrections environment.”
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