Ferrol Sams, Doctor Turned Novelist, Dies at 90


Ferrol Sams, a country doctor who started writing fiction in his late 50s and went on to win critical praise and a devoted readership for his humorous and perceptive novels and stories that drew on his medical practice and his rural Southern roots, died on Tuesday at his home in Lafayette, Ga. He was 90.


The cause, said his son Ferrol Sams III, also a doctor, was that he was “slap wore out.”


“He lived a full life,” his son said. “He didn’t leave anything in the tank.”


Dr. Sams grew up on a farm in the rural Piedmont area of Georgia, seven mud-road miles from the nearest town. He was a boy during the Depression; books meant escape and discovery. He read “Robinson Crusoe,” then Mark Twain and Charles Dickens. One of his English professors at Mercer University, in Macon, suggested he consider a career in writing, but he chose another route to examining the human condition: medical school.


When he was 58 — after he had served in World War II, started a medical practice with his wife, raised his four children and stopped devoting so much of his mornings to preparing lessons for Sunday school at the Methodist church — he began writing “Run With the Horsemen,” a novel based on his youth. It was published in 1982.


“In the beginning was the land,” the book begins. “Shortly thereafter was the father.”


In The New York Times Book Review, the novelist Robert Miner wrote, “Mr. Sams’s approach to his hero’s experiences is nicely signaled in these two opening sentences.”


He added: “I couldn’t help associating the gentility, good-humored common sense and pace of this novel with my image of a country doctor spinning yarns. The writing is elegant, reflective and amused. Mr. Sams is a storyteller sure of his audience, in no particular hurry, and gifted with perfect timing.”


Dr. Sams modeled the lead character in “Run With the Horsemen,” Porter Osborne Jr., on himself, and featured him in two more novels, “The Whisper of the River” and “When All the World Was Young,” which followed him into World War II.


Dr. Sams also wrote thinly disguised stories about his life as a physician. In “Epiphany,” he captures the friendship that develops between a literary-minded doctor frustrated by bureaucracy and a patient angry over past racism and injustice.


Ferrol Sams Jr. was born Sept. 26, 1922, in Woolsey, Ga. He received a bachelor’s degree from Mercer in 1942 and his medical degree from Emory University in 1949. In his addition to his namesake, survivors include his wife, Dr. Helen Fletcher Sams; his sons Jim and Fletcher; a daughter, Ellen Nichol; eight grandchildren; and nine great-grandchildren.


Some critics tired of what they called the “folksiness” in Dr. Sams’s books. But he did not write for the critics, he said. In an interview with the Georgia Writers Hall of Fame, Dr. Sams was asked what audience he wrote for. Himself, he said.


“If you lose your sense of awe, or if you lose your sense of the ridiculous, you’ve fallen into a terrible pit,” he added. “The only thing that’s worse is never to have had either.”


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Strategies: World Economy Is Far From Safe, a Canadian Economist Says





WHEN you see a car being driven firmly within its lane and well under the speed limit, there’s nothing to worry about.




Or is there?


If you’re David A. Rosenberg, the glass-half-empty economist, there most certainly is. He says the world economy is like that car. And where others see stability and recovery, he sees “a car being driven by a drunk, lurching from side to side on the road, narrowly avoiding the ditches each time.”


At this particular moment, he says, the car happens to be in the middle of the road. But he can’t help but ask, “Is that because the driver has sobered up, or is it because the car is just passing through the middle on its way to the ditch on the other side?”


Mr. Rosenberg isn’t certain of the answer. But despite the cheer pervading the stock market and the relatively upbeat perspective of most economists, he says he isn’t convinced that the car will remain safely out of those ditches.


Formerly the chief North American economist at Merrill Lynch, and now proudly back in his native Canada as chief economist and strategist at Gluskin Sheff in Toronto, Mr. Rosenberg writes a market newsletter that is always provocative, often cantankerous and frequently out of step with the Wall Street consensus. He has been called a “permabear,” a label that he says is exaggerated but not entirely without merit.


“I’d say I’m as pragmatic as possible and not locked into one position,” he says, “but I do understand that I have a much better record forecasting rain than in predicting the return of sunshine.”


His record bears that out. Mr. Rosenberg correctly called the start of the last two recessions. But he was late in recognizing the strength of what has become a long bull market. In May 2009, when the stock market was in an early stage of its climb, his worries about the economy made him resolutely bearish on stocks. “I’d lock in my gains right now,” he told me then.


But his clients have generally done very well if they’ve followed his cautious advice, which called for buying fixed-income securities early in the bond market’s long boom. His mantra is “safety and income at a reasonable price.”


For a gimlet-eyed perspective on the current stock market joy, I called him last week and asked him what, exactly, has been propelling shares higher.


His answer, in two words, was “the Fed” — the Federal Reserve and its monthly $85 billion purchases of bonds and mortgage-backed securities, which are being piled on top of a balance sheet that swelled to a gargantuan $3 trillion last week.


Other analysts have pointed to a recent surge in stock mutual fund purchases by individuals, as opposed to the big institutional investors like pension funds, endowments and other money managers. The earnings season has been reasonably strong, and, at least in recent weeks, there has been no outright global economic disaster emanating from Washington, the euro zone, Tokyo or the oil fields of the Middle East.


These factors are all relevant, he allows, but they pale next to the direct and powerful relationship between the growth of the Fed’s balance sheet and the stock market.


The Fed’s control of short-term interest rates has always had a major impact on the markets, and the adage “Don’t fight the Fed” is a bit of Wall Street wisdom that has stood up for decades. But since the Fed lowered its benchmark Fed funds rate to near zero in December 2008, short-term rates have ceased to be a meaningful indicator because they cannot be lowered any further.


Instead, to provide further monetary stimulus to the economy, the Fed has embarked on a series of quantitative-easing measures — direct purchases of financial assets.


Mr. Rosenberg says his calculations show that there is now an 85 percent correlation between the growth of that Fed balance sheet and the Standard & Poor’s 500-stock index. If that relationship continues — and he’s not certain that it will — the market could keep rallying, though he says he believes it’s due for a correction. On Wednesday, the Fed reiterated its pledge to keep interest rates low and to keep making asset purchases for what effectively will be many months to come.


The Fed’s expansionary policies are contingent on weakness in the labor market and the overall economy. Well, the unemployment rate in January rose to 7.9 percent, the Labor Department announced on Friday. And the Fed says that as long as inflation is below 2.5 percent — and it is well below that level now — and unemployment is above 6.5 percent, it will keep rates ultralow. In addition, the gross domestic product declined at an annual rate of 0.1 percent in the last quarter of 2012, the first decline recorded since 2009.


MR. ROSENBERG says he does not believe that we are in a recession now but that we are very close to one. “Anemic growth is my baseline scenario,” he says. A shock could undermine the economy. And there is no assurance, of course, that the Fed can keep propping up equity asset prices.


So he advises that for diversification alone, investors should keep holding onto bonds and other carefully selected fixed-income instruments; in addition, there is a great likelihood that inflation will stay low and longer-term rates will be constrained, which would be beneficial for fixed-income prices.


He recommends playing the equity markets cautiously by seeking high-dividend-paying stocks of well-managed companies. At the moment, he says, those include Blackstone, the asset manager; Merck, the drug maker; and Yahoo, the Internet portal, among United States stocks. And he suggests that United States citizens hedge their bets by keeping 20 percent of their assets in Canada, which, he says, is fiscally sound and is likely to have higher growth and lower inflation than its southern neighbor. He advises holding Brookfield Infrastructure, which owns and manages utilities, energy and timber assets, and Crescent Point Energy, an oil and gas exploration company.


Above all else, he says, preserve your assets and your safety. Watch out for reckless behavior in the economy as well as on the roads. You never know what is about to come hurtling your way.


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This Week’s Social Media Power Rankings: The Return of Swatch






The social media sphere is an increasingly noisy place, especially for brands. But hiding somewhere in the static are strong signals from companies reaching their customers in innovative ways. The Social Business Index from the Dachis Group provides a (free) real-time ranking of more than 30,000 global brands based on their social performance. Every week we’re taking a tally of who’s getting heard, what they’re saying, and why it matters.


RELATED: This Week’s Social Media Power Rankings: Cisco Has a Warrior






As you can see, there wasn’t much movement in the top 10. But if you look at number 17, you’ll see Diageo had the biggest jump this week. If that name doesn’t sound familiar, it’s the company that owns more familiar brands like Guiness, Johnnie Walker and Ketel One. So props to them and our livers—now let’s look at what happened outside the top 20:


RELATED: This Week’s Social Media Power Rankings: Cheers to Heineken


Cisco’s rise in the Social Business Index this week was supported by the social efforts behind ‘the world’s largest classroom.’” Lizzie Steen of the Dachis Group told us. What she’s referring to is the  The Cisco Networking Academy— a public/private program that provides technology and career education to more than four million students across 10,000 academies in 165 countries.  And that sounds serious, but as Steen points out, part of its success is there’s an emphasis on fun. Steen writes: 



Two engineers, Ian and Dan, set up two servers and decorated them with flower lights while studying for their certification from Cisco. The photo received more than 1,200 likes and 186 shares from the the site’s 460 thousand fans.  Overall, the CNA page has balanced a dense subject matter with a collaborative and fun posts, making the learning process more global and human.



Swatch proved that it’s never too early to start prepping for Valentine’s Day.  As the Dachis Group’s Joe Pinaire points out, their very popular True Love (has nothing to hide) campaign and its new A la Folie watch contributed to Swatch’s boost this week. “From Taiwan to Chile, the brand has leveraged countless regional Facebook presences to let their fans know the clock is ticking on the seasonal special,” Pinaire told us. “And fans have taken to this messaging, as the brand’s bevy of original and creative photo content has garnered love from around the globe,” he added. That photo content was specified and regionalized for their fans,  featuring pictures of a Spanish store floor redesign promoting the watch and the watch thriving in the hustle of Vienna city-life and the new O’Hare airport store. “Swatch also launched a Twitter contest using their global handle (@swatch), encouraging Belgian, Dutch, English, Spanish, and Swiss fans to declare their #TrueLove (because it has nothing to hide–right?) in exchange for a chance to win the seasonal watch and a travel voucher.” And if there’s something people love more than Valentine’s Day, it’s a free contest.


cfd3c  20130125 SBIpanels Intel This Weeks Social Media Power Rankings: The Return of Swatch


So, no cheating, but do you know how many Facebook fans Intel and its Ultrabooks have? Over 16.5 million. That also means a lot of social media juice. “Last week, the Ultrabook took in the sights in New York City and Paris. In New York, an Ultrabook posed within view of the inimitable Empire State Building with the caption, ‘Empire State of Mind’, showing off its amazing form factor and the Intel i7 chip that powers it,” the Dachis Group’s Charles Lim told us.  The photo generated more than 130 thousand likes, 1,600 comments and six thousand shares—it’s a photo of a computer people.  Lim explains:



Like car lovers, electronics enthusiasts react positively to photos of gear that they already own or would like to own. This is because electronics, like cars, are aspirational and functional and inspire lust and passion.  It also helped that the photo was a shout-out to the cultural hub of America.  …


These posts are well tuned to a global brand campaign that appeals the traveler, gets local voices involved, inspires contests and instills the notion that the Ultrabook can go anywhere you go.



Methodology: A project of the Dachis Group, a social business professional services group, the Social Business Index analyzes the conversations on social platforms such as Twitter, Facebook, YouTube, and others. The index, which currently covers approximately 25,0000 companies and 27,000 brands, detects behaviors and activities exhibited by these companies and analyzes their execution and effectiveness at driving outcomes such as brand awareness, brand love, mind share, and advocacy. The Atlantic Wire takes a snapshot of the rankings at the end of the day on Sundays.


Social Media News Headlines – Yahoo! News





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NFL's Goodell: Proper tackling, HGH key issues


NEW ORLEANS (AP) — NFL Commissioner Roger Goodell says the league needs to make football safer by doing more to eliminate blows to the head and knees and by suspending players for illegal hits.


During his annual news conference two days before the Super Bowl, Goodell also said Friday he wants a "new generation" of the Rooney Rule because "we didn't have the outcomes we wanted" when none of 15 recent coach and general manager jobs were given to a minority candidate.


Goodell hopes and expects testing for human growth hormone to start next season, even though the league and the players' union are still at an impasse after 18 months of back-and-forth.


He vowed to be "relentless" about keeping pay-for-pain bounties out of the game.


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Well: Gluten-Free Muffin Recipes

For people who need to eliminate gluten from their diet, baking becomes a challenge. Beginners often find gluten-free baked goods too dense. Even the Recipes for Health columnist Martha Rose Shulman didn’t like the flavor of a commercial gluten-free flour mix, which left her gluten-free cookies and tart-shells with a strong taste of bean flour. As a result, she created her own gluten-free mix for baking muffins. She writes:

My son Liam still doesn’t know that the muffins he has been devouring all week are gluten-free.

I put together my own gluten-free flour mix, one without bean flour, and turned to America’s favorite Gluten-Free Girl, Shauna James Ahem, for guidance. I was already thinking about making muffins, and I wanted a mix that could replace the whole wheat flour I usually use in conjunction with other grains or flours. Her formula for a whole-grain flour mix is simple – 70 percent ground gluten-free grain like rice flour, millet flour, buckwheat flour or teff (the list on her site is a long one) and 30 percent starch like potato starch, cornstarch or arrowroot.

For this week’s recipes, I used what I had, which was brown rice flour, potato starch and cornstarch – 20 percent potato starch and 10 percent cornstarch — and that’s the basis for the nutritional analyses of this week’s recipes. I used this mix in conjunction with a gluten-free meal or flour, so the amount of pure starch in the batters is much less than 30 percent.

When you bake anything it is much simpler and results are more consistent if you use grams and scale your ingredients. This is especially true with gluten-free baking, since you are working with grain and starch formulas. Digital scales are not expensive and I urge you to switch over to this method if you like to bake. I have given approximate cup measures so the recipes will work both ways, but scaling is more accurate.

Here are five ways to bake gluten-free muffins:

Gluten-Free Banana Chocolate Muffins: These dark chocolate muffins taste more extravagant than they are.


Gluten-Free Cornmeal, Fig and Orange Muffins: A sweet and grainy cornmeal mixture makes for a delicious muffin.


Gluten-Free Whole Grain Cheese and Mustard Muffins: A savory muffin with a delicious strong flavor.


Gluten-Free Buckwheat, Poppy Seed and Blueberry Muffins: The buckwheat flour is high-fiber and makes a dark, richly-flavored muffin.


Gluten-Free Cornmeal Molasses Muffins: Strong molasses provides a good source of iron in an easy-to-make muffin.


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Google Submits Proposal in Bid to Resolve E.U. Antitrust Case







BRUSSELS — E.U. officials said Friday that Google had submitted proposals aimed at ending a three-year antitrust case focused on its hugely popular online search service, but the offer did not prevent rivals from seeking to prolong its legal entanglements.




After filing a new complaint against Google this past week, Icomp, an industry group backed by Microsoft, urged European regulators on Friday to approach the company’s proposal with caution.


“To be seen as a success, any settlement must include specific measures to restore competition and allow other parties to compete effectively on a level playing field,” David Wood, legal counsel for Icomp, said in a statement.


Michael Weber, chief executive of an online mapping service called hot-map.com, a member of Icomp based in Germany, said he hoped the offer by Google was “enough to restore competition,” but “if not, we will take into account all legal options we have and we won’t hesitate to use them.”


If they remain dissatisfied, critics of Google in Europe can sue the European Commission, the European Union’s executive arm, at the General Court of the European Court of Justice in Luxembourg for failing to push hard enough for an effective solution. Such cases can take years to reach a final judgment.


Google managed to reach one settlement Friday. In France, it agreed to pay €60 million, or $82 million, into a fund to help French media develop their presence on the Internet, the president’s office said. Publishers in France had been pushing for Google to pay them licensing fees for the headlines and summaries of articles in its search engines.


The new antitrust complaint by Icomp, filed Thursday, claimed the search giant was using exclusive agreements to discourage advertisers and publishers from using competing advertising platforms and search services like Bing and Yahoo.


Neither the company nor European officials were willing Friday to describe the settlement proposals. But it had been expected that Google would offer revisions to the way it conducts its online search business in Europe to address regulators’ concerns that the company’s activities were unfair to other Web publishers and its online competitors.


The two parties are still negotiating the terms of the proposed settlement, and a final agreement between Google and the commission is expected in the coming week, according to a person briefed on the negotiations who was not authorized to speak publicly before an agreement was reached.


The commission has taken a tougher line with Google than the U.S. Federal Trade Commission, which decided in January, after a 19-month inquiry into how the company operated its search engine, that Google had not broken antitrust laws.


JoaquĆ­n Almunia, the European competition commissioner and top E.U. antitrust official, has been formally investigating Google since November 2010. He has insisted that Google make changes to the most sensitive area of its business, online search.


If Mr. Almunia ultimately accepts Google’s offer, the company will avoid further investigation that could lead to a fine of as much as 10 percent of its annual global sales, which came to about $50 billion last year. Google would also avoid a guilty finding that could restrict its activities in Europe.


“We continue to work cooperatively with the commission,” Al Verney, a spokesman for Google in Brussels, said Friday.


Antoine Colombani, a spokesman for Mr. Almunia, said at a news conference Friday that Google had sent “a detailed proposal,” which the commission was analyzing before taking further steps.


But there is no formal timeline in European antitrust cases, which means that negotiations could continue.


“I can’t anticipate the timing or the substance of the analysis,” Mr. Colombani said.


Mr. Almunia could still take a far more confrontational stance with Google by sending the company a statement of objections, which is the European equivalent of formal antitrust charges. But that is something Mr. Almunia has been eager to avoid because he favors nonlitigious solutions to antitrust problems, particularly in the fast-moving technology field, to prevent cases from dragging on for years.


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Two More Pakistani Polio Workers Killed





ISLAMABAD, Pakistan — A roadside bomb killed two polio workers in northwestern Pakistan on Thursday, in the third such attack this week on workers struggling to immunize children against the crippling disease.




The explosion struck as the two workers, with a United Nations-backed campaign, were traveling by motorcycle near Parachinar in the Kurram District, near the border with Afghanistan.


It was the first such attack on health workers in that area, said a senior local official speaking by phone on the condition of anonymity, offering further evidence that a Taliban-led campaign of violence and intimidation against polio workers is spreading across northwestern Pakistan.


Despite an internationally supported campaign to halt polio in Pakistan, infection rates have soared across the country in the past year, coinciding with a wave of militant attacks against the poorly protected workers at the heart of the effort. Some militants accuse polio workers of using vaccination as a cover to spy on behalf of the United States — a claim that has been fueled by the revelation that the C.I.A. used a vaccination drive as cover for the effort to find Osama bin Laden in Abbottabad in early 2011.


The violence has badly affected vaccination efforts, which involve tens of thousands of health workers who repeatedly administer cheap oral vaccines to children under 5.


Nine polio workers were killed in a string of attacks across the country in December. On Tuesday, suspected militants fatally shot a police officer who had been escorting female polio workers in the Swabi District, 50 miles east of Peshawar, the capital of Khyber-Pakhtunkhwa Province.


The shooting prompted officials to suspend the campaign in Swabi, but they pressed ahead in other parts of Khyber-Pakhtunkhwa and the adjoining tribal belt. Another polio worker was wounded by a man with an ax in an unrelated episode on Tuesday.


It was unclear, however, whether the latest killings were directly related to the polio campaign. The Kurram District has a history of violence between Shiite and Sunni Muslims, and the local official said it was unclear whether the explosion targeted the two workers for their links to the polio campaign or for their religious affiliation.


Violence against polio workers is not confined to the turbulent northwest. United Nations workers in Karachi, the port city on the Arabian Sea, have also suffered attacks that have set back efforts to wipe the disease from the city, Pakistan’s most populous.


Pakistan is one of three countries, along with Nigeria and Afghanistan, where polio remains endemic.


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Apple loses a U.S. appeals bid in Samsung patent fight






SAN FRANCISCO (Reuters) – A U.S. appeals court on Thursday rejected Apple Inc‘s request to revive its bid for a sales ban on Samsung‘s Galaxy Nexus smartphone, dashing the iPhone maker’s attempt to recover crucial leverage in the global patent wars.


Apple had asked the full Federal Circuit Court of Appeals in Washington, D.C., to revisit a decision in October by a three-judge panel of the same court. The panel rejected Apple’s request to impose a sales ban on Samsung’s Nexus smartphone ahead of a trial set for March 2014.






An Apple spokeswoman declined to comment. A Samsung representative could not immediately be reached.


The fight in appeals court comes after Apple won a $ 1.05 billion verdict last year against Samsung in a U.S. District Court in California. The same trial judge will preside over the legal battle surrounding the Nexus phone, which involves a patent not included in the earlier trial.


The fight has been widely viewed as a proxy war between Apple and Google Inc. Samsung’s hot-selling Galaxy smartphones and tablets run on Google’s Android operating system, which Apple’s late co-founder, Steve Jobs, once denounced as a “stolen product.”


In its October ruling against Apple, the appeals court raised the bar for potentially market-crippling injunctions on product sales based on narrow patents for phone features. The legal precedent puts Samsung in a much stronger position by allowing its products to remain on store shelves while it fights a global patent battle against Apple over smartphone technology.


U.S. District Judge Lucy Koh, in San Jose, California, who has presided over much of the Apple/Samsung litigation in the United States, cited the appeals’ court decision in a December order rejecting Apple’s request for permanent sales bans on several Samsung phones. Apple has appealed Koh’s ruling.


Apple wanted the full Federal Circuit of Appeals, made up of nine active judges, to reverse the earlier ruling. But in a brief order on Thursday, the court rejected Apple’s request without detailed explanation or any published dissents.


Several experts had believed that Apple faced long odds, as the legal issues in play were not considered controversial enough to spur full court review.


Apple could still appeal to the U.S. Supreme Court. However, the high court has made it more difficult for patent plaintiffs to secure sales injunctions in recent years.


The case in the Federal Circuit is Apple Inc. vs Samsung Electronics Co Ltd et al, 12-1507.


(Reporting By Dan Levine; Editing by John Wallace, Grant McCool and Leslie Adler)


Tech News Headlines – Yahoo! News





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49ers' Culliver apologizes for anti-gay remarks


NEW ORLEANS (AP) — San Francisco 49ers cornerback Chris Culliver apologized Thursday for anti-gay comments he made to a comedian during Super Bowl media day, saying "that's not what I feel in my heart."


"I'm sorry if I offended anyone. They were very ugly comments," Culliver said during an hour-long media session. "Hopefully I learn and grow from this experience and this situation."


He said he would welcome a gay teammate to the 49ers, a reversal of his remarks to Artie Lange two days earlier during an interview at the Superdome.


"I treat everyone equal," Culliver said. "That's not how I feel."


He added that he realized his comments were especially offensive to many people in San Francisco and the Bay Area, which is home to a large gay community.


"I love San Francisco," Culliver said.


During the interview with Lange, Culliver responded to questions by saying he wouldn't welcome a gay player in the locker room. He also said the 49ers didn't have any gay players, and if they did those players should leave.


San Francisco coach Jim Harbaugh met privately with Culliver to discuss the remarks.


"I reject what he said," Harbaugh said. "That's not something that reflects the way the organization feels, the way the rest of the players feel."


The coach would not discuss if Culliver would face discipline from the team, such as a fine or loss of playing time.


"He pledged to grow from it," Harbaugh said.


The interview began with Lange asking Culliver about his sexual plans with women during Super Bowl week. Lange followed up with a question about whether Culliver would consider pursuing a gay man.


"I don't do the gay guys, man. I don't do that," Culliver said during the one-minute taped interview. "Ain't got no gay people on the team. They gotta get up outta here if they do. Can't be with that sweet stuff."


Lange asked Culliver to reiterate his thoughts, to which the player said, "It's true." He added he wouldn't welcome a gay teammate — no matter how talented.


"Nah. Can't be ... in the locker room, nah," he said. "You've gotta come out 10 years later after that."


The 24-year-old Culliver, a third-round draft pick in 2011 out of South Carolina, made 47 tackles with two interceptions and a forced fumble this season while starting six games for the NFC champion Niners (13-4-1).


He had his first career postseason interception in San Francisco's 28-24 win at Atlanta for the NFC title, which sent the 49ers to the Super Bowl for the first time since 1995. They will face the AFC champion Baltimore Ravens on Sunday.


The 49ers participate in the NFL's "It Gets Better" anti-bullying campaign. Three organizations working for LGBT inclusion in sports — Athlete Ally, You Can Play, and GLAAD — reacted to Culliver's remarks and later acknowledged his apology.


"Chris Culliver's comments were disrespectful, discriminatory and dangerous, particularly for the young people who look up to him," said Athlete Ally Executive Director Hudson Taylor. "His words underscore the importance of the athlete ally movement and the key role that professional athletes play in shaping an athletic climate that affirms and includes gay and lesbian players."


Calling Lange's questions "real disrespectful," Culliver said he realized he was speaking to a comedian and not a journalist.


"That was pretty much in a joking manner," the player said. "It's nothing about how I feel."


Ravens linebacker Brendon Ayanbadejo, who made headlines this season with his vocal support of a gay-marriage initiative in Maryland, said Culliver's comments to Lange were reflective of how many players in the NFL feel, even if they don't express it publicly. He hopes the 49ers cornerback will learn from this experience and become a positive role model in the quest for equality.


"You can't fight hate with hate," Ayanbadejo said. "You've got to fight hate with love."


Baltimore safety Bernard Pollard said Culliver should be allowed to express his views, even if some people found them offensive.


"The guy's entitled to his own opinion," said Pollard, who has acknowledged that he disagrees with Ayanbadejo's stand on gay marriage. "I'm not going to sit here and knock him. I'm not going to sit here and judge him. It's freedom of speech. If you don't like it, don't listen to it."


___


Follow Paul Newberry on Twitter at www.twitter.com/pnewberry1963


___


Online: http://pro32.ap.org/poll and http://twitter.com/AP_NFL


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During Trial, New Details Emerge on DuPuy Hip





When Johnson & Johnson announced the appointment in 2011 of an executive to head the troubled orthopedics division whose badly flawed artificial hip had been recalled, the company billed the move as a fresh start.




But that same executive, it turns out, had supervised the implant’s introduction in the United States and had been told by a top company consultant three years before the device was recalled that it was faulty.


In addition, the executive also held a senior marketing position at a time when Johnson & Johnson decided not to tell officials outside the United States that American regulators had refused to allow sale of a version of the artificial hip in this country.


The details about the involvement of the executive, Andrew Ekdahl, with the all-metal hip implant emerged Wednesday in Los Angeles Superior Court during the trial of a patient lawsuit against the DePuy Orthopaedics division of Johnson & Johnson. More than 10,000 lawsuits have been filed against DePuy in connection with the device — the Articular Surface Replacement, or A.S.R. — and the Los Angeles case is the first to go to trial.


The information about the depth of Mr. Ekdahl’s involvement with the implant may raise questions about DePuy’s ability to put the A.S.R. episode behind it.


Asked in an e-mail why the company had promoted Mr. Ekdahl, a DePuy spokeswoman, Lorie Gawreluk, said the company “seeks the most accomplished and competent people for the job.”


On Wednesday, portions of Mr. Ekdahl’s videotaped testimony were shown to jurors in the Los Angeles case. Other top DePuy marketing executives who played roles in the A.S.R. development are expected to testify in coming days. Mr. Ekdahl, when pressed in the taped questioning on whether DePuy had recalled the A.S.R. because it was unsafe, repeatedly responded that the company had recalled it “because it did not meet the clinical standards we wanted in the marketplace.”


Before the device’s recall in mid-2010, Mr. Ekdahl and those executives all publicly asserted that the device was performing extremely well. But internal documents that have become public as a result of litigation conflict with such statements.


In late 2008, for example, a surgeon who served as one of DePuy’s top consultants told Mr. Ekdahl and two other DePuy marketing officials that he was concerned about the cup component of the A.S.R. and believed it should be “redesigned.” At the time, DePuy was aggressively promoting the device in the United States as a breakthrough and it was being implanted into thousands of patients.


“My thoughts would be that DePuy should at least de-emphasize the A.S.R. cup while the clinical results are studied,” that consultant, Dr. William Griffin, wrote.


A spokesman for Dr. Griffin said he was not available for comment.


The A.S.R., whose cup and ball components were both made of metal, was first sold by DePuy in 2003 outside the United States for use in an alternative hip replacement procedure called resurfacing. Two years later, DePuy started selling another version of the A.S.R. for use here in standard hip replacement that used the same cup component as the resurfacing device. Only the standard A.S.R. was sold in the United States; both versions were sold outside the country.


Before the device recall in mid-2010, about 93,000 patients worldwide received an A.S.R., about a third of them in this country. Internal DePuy projections estimate that it will fail in 40 percent of those patients within five years; a rate eight times higher than for many other hip devices.


Mr. Ekdahl testified via tape Wednesday that he had been placed in charge of the 2005 introduction of the standard version of the A.S.R. in this country. Within three years, he and other DePuy executives were receiving reports that the device was failing prematurely at higher than expected rates, apparently because of problems related to the cup’s design, documents disclosed during the trial indicate.


Along with other DePuy executives, he also participated in a meeting that resulted in a proposal to redesign the A.S.R. cup. But that plan was dropped, apparently because sales of the implant had not justified the expense, DePuy documents indicate.


In the face of growing complaints from surgeons about the A.S.R., DePuy officials maintained that the problems were related to how surgeons were implanting the cup, not from any design flaw. But in early 2009, a DePuy executive wrote to Mr. Ekdahl and other marketing officials that the early failures of the A.S.R. resurfacing device and the A.S.R. traditional implant, known as the XL, were most likely design-related.


“The issue seen with A.S.R. and XL today, over five years post-launch, are most likely linked to the inherent design of the product and that is something we should recognize,” that executive, Raphael Pascaud wrote in March 2009.


Last year, The New York Times reported that DePuy executives decided in 2009 to phase out the A.S.R. and sell existing inventories weeks after the Food and Drug Administration asked the company for more safety data about the implant.


The F.D.A. also told the company at that time that it was rejecting its efforts to sell the resurfacing version of the device in the United States because of concerns about “high concentration of metal ions” in the blood of patients who received it.


DePuy never disclosed the F.D.A. ruling to regulators in other countries where it was still marketing the resurfacing version of the implant.


During a part of that period, Mr. Ekdahl was overseeing sales in Europe and other regions for DePuy. When The Times article appeared last year, he issued a statement, saying that any implication that the F.D.A. had determined there were safety issues with the A.S.R. was “simply untrue.” “This was purely a business decision,” Mr. Ekdahl stated at that time.


This article has been revised to reflect the following correction:

Correction: January 30, 2013

The headline on an earlier version of this article described the start of the DePuy trial incorrectly. It began last week, not Wednesday. The error was repeated in an earlier summary.



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