Vet who contracted Hep C wins malpractice suit against VA hospital

A failure by Miami Veterans Affairs Medical Center staff to properly clean colonoscopy equipment likely infected a patient with hepatitis C, a federal judge ruled Wednesday.

U.S. District Judge Adalberto Jordan awarded U.S. Air Force veteran Robert Metzler and his wife a combined $1.25 million in their medical malpractice case against the United States government. Metzler, 70, and his wife, Lucy Ann Metzler, had sued for a combined $30 million.

Metzler was one of more than 11,000 veterans who received colonoscopies with improperly-cleaned equipment between 2004 and 2009 at VA hospitals in Miami, Murfreesboro, Tenn., and Augusta, Ga., according to an investigation by the VA’s own Administrative Investigation Board.

The hospitals used equipment that had been rinsed after each patient rather than being sterilized by steam and chemicals as called for by the manufacturer. Investigators who took apart water tubes on some of the equipment that was supposed to be clean and ready for use instead found “discolored liquid and debris.”

Metzler, who received his colonoscopy in 2007, had tested negative for hepatitis C the previous year. He tested positive for the virus in 2009, days after the VA administration sent him a letter warning him of a “potential health risk” related to the endoscopic equipment used during his procedure.

The U.S. Attorney’s Office, defending the VA, acknowledged the hospital “breached” a “duty of reasonable care” but denied the equipment caused the health problems.

Dr. David Nelson, a board-certified doctor in internal medicine, testified that “there is less than a 0 percent chance” Metzler contracted hepatitis through his colonoscopy, according to the ruling. But the judge, despite acknowledging that VA records “strongly suggest” Metzler couldn’t have been infected by the colonoscopy, said the veteran had no other risks associated with contracting the virus.

“I realize that the chances of acquiring hepatitis C under these circumstances is slight,” Jordan wrote. “But I find that there is nothing to preclude Mr. Metzler from being one of those two persons in a trillion or billion who do get the virus.”

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6 actually useful smartphone apps to get you through Black Friday

Gracefully navigate the shopping madness by doing a little prep work on your iPhone or Android before you leave the house

Ah, the holidays! Big-box stores compete with online behemoths for customers, while customers compete with each other to get the best Black Friday savings. And, in a new digital twist, Black-Friday-focused apps are competing with one another for downloads. Developers are creating all sorts of helpful ways for customers to sniff out bargains, track spending, and manage their nephew’s wish list. Now that The Week has advised you on Black Friday “deals” to avoid, here’s a rundown of some of the more helpful apps out there: 

Black Friday by BradsDeals
The folks behind BradsDeals.com, a site known for tracking down coupons and discounts, put together this helpful Black Friday app that shows you all the leaked ads and discounted items from 100 major retailers like Sears, Kohls, and Macy’s. Who needs a newspaper? (iPhone-only)

Black Friday Deal Finder by Fat Wallet
Search for deals using variables like free shipping, doorbusters, online availability, rebates, and more. Useful for planning but also recommended for any quick-witted shopper who wants to do in-store product comparisons. (iPhone-only)

Black Friday app from DealNews
Both PC World and PC Magazine voted DealNews tops in its category thanks to its exhaustive, well-organized catalog. Like the other apps, this one lets you browse “leaked” and “confirmed” ads from major retailers so you can plot out your plan of attack beforehand. (iPhone, Android)

ShopSavvy Barcode Scanner
Use your phone’s camera to scan products for instant price comparisons — no need to painstakingly input your search queries while angry shoppers slam you with their carts. If there’s a better deal around you or online, this app will let you know. (iPhone, Android)

Wunderlist
Was it your nephew Charlie who wanted the new Call of Duty game? Or was that your boss’ son Jimmy? Instead of checking your list twice, try WunderList, a super-simple task management tool that syncs lists on your desktop, iPhone, and more. (iPhone, Android) 

Mint.com Personal Finance
The whirlwind holiday shopping season can make it difficult to keep your finances in check. One solution: Mint, a virtual-money manager that automatically keeps tabs on your bank and credit card accounts to help you master your budget with a friendly, easy-to-use interface. Best of all, it’s useful well after January rolls around; no wonder TIME Magazine named it one of the 50 best iPhone apps out there. (iPhone, Android)

SEE ALSO: Get rich quick: 6 people who accidentally found a fortune

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ET's Power List: Nicki Minaj

Fresh off of her album release, Pink Friday: Roman Reloaded - The Re-Up, Nicki Minaj has another accomplishment to celebrate -- earning a slot on the First Annual ET Power List.

From her mixtapes to her albums to her popular features, almost everyone has a little bit of Nicki on their MP3 player, but what's on Nicki's iPod might surprise you.

"No one knows that I'm in love with Enya!" Nicki says. "Oh my gosh, she makes me feel like I could fly!"

2012 has been a busy year for the rapper outside of music. With the launch of her new Pink Friday fragrance and her new addition to American Idol, Nicki has expanded her empire to become a household name, but just a few years ago she was still virtually unknown.

VIDEO: Nicki Minaj Comments on Idol Feud

"I was still working at Red Lobster when I first heard my song on the radio, so I wouldn't consider myself famous at that time!" says Nicki. "I had to go in that kitchen and make them salads and take that lobster out to that table!"

No one makes it to the top without getting advice (both good and bad), so what's the most questionable suggestion Nicki's ever gotten?

"The worst advice anyone has ever given me is to not incorporate singing and theater into my music and into my image!" says Nicki.

Watch the video for more.

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Penn Station reopens after switch problem

The switch problem that led to a complete service shutdown at Penn Station on the busiest travel night of the year has been resolved, Long Island Rail Road said.

The station — which was shut down due to overcrowding — was reopened.

Amtrak, NJ Transit and Long Island Rail Road were all still down for about an hour.

Expect delays on many lines, officials said.

At one point, thousands of people packed the streets outside the station.

Many of the stranded travelers included people leaving town for the holiday, lugging suitcases.

“Its the busiest travel day and they can’t get their s—t together!” fumed Ashley Smith, 28, a New Jersey bound Queens woman.

Kaylee Osowski

Crowds outside Penn Station tonight.

Twenty-five year old Anh Le was so desperate she contemplated calling a car service from Manhattan to New Jersey.

“It’s frustrating,” she said.

Officials said the problem stems from a power outage that effected Amtrak’s switches.

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Small Business Saturday: the anti-Black Friday

Don’t want to brave the Black Friday craziness? You can get a head start on your holiday shopping, snag some deals and support local merchants by participating in Small Business Saturday.

Nestled between Black Friday and Cyber Monday, Small Business Saturday is focused on promoting small business owners nationwide. Since it was started in 2010 by American Express, the promotional effort has grown into a national movement involving thousands of businesses, chambers of commerce and economic development organizations. According to American Express, last year more than 100 million people nationwide participated.

“The one thing businesses have told us over and over again is that they need more customers. So we thought it would be great to create a day in the holiday weekend that focuses just on the small business and shopping locally in communities around the country,” said Mary Ann Fitzmaurice Reilly, senior vice president at American Express Open.. “That’s how Small Business Saturday got its start.”

Organizations such as the Miami Beach Chamber of Commerce and Coral Gables Chamber have turned Small Business Saturday into a communitywide event.

“We decided to participate because in Coral Gables we support our small businesses,” said Mark Trowbridge, president and CEO of the chamber that is participating for the second year. “Coral Gables is an economic engine and our small businesses help to drive that engine.”

American Express cardholders who sign up at shopsmall.com will get a $25 credit on their bill if they make a purchase from a participating business on Small Business Saturday. Participating businesses get free marketing support from American Express via a toolkit on its website.

On Saturday, the Coral Gables Chamber, along with American Express, the Village of Merrick Park and Books & Books will host a day of activities, including a $100 Startup Competition, inspired by the best-selling book by Chris Guillebeau. Entrepreneurs are encouraged to bring their most innovative ideas for a business that can be launched with just $100 (register at http://100dollarstartup.co). Finalists will pitch their startup ideas to the public at the 4 p.m. event, held at Books & Books in Coral Gables; a panel of judges will select the winners.

More than 30 Coral Gables merchants will take part in the day; many will feature discounts. At Klara Chavarria Contemporary Art, for instance, patrons can take advantage of free delivery and installation of any artwork purchased Saturday.

The free toolkit has proven an invaluable resource to business people like Michael Nucci, the marketing associate for Fort Lauderdale-based Bluewater Books and Charts, which sells nautical books to recreational cruisers. “We decided to participate last year and again this year because we thought it would give us an advantage on the sale season,” said Nucci, who will be offering a 15 percent discount on most items he sells on Small Business Saturday. “We got started and used the toolkit to get free posters made and to send out e-mail and social media promotions to attract customers. It’s a great thing for small businesses in this economy.”

In Kendall, the Recycled Closet, a consignment shop for teens, is offering 20 percent off its already discounted clothing. “I’m so glad to see American Express and communities around the nation working to help by dedicating a day to the small business owner,” said owner Jennifer Kaloti.

In Miami Beach, small businesses are embracing Small Business Saturday, said Ana Cecilia Velasco, executive vice president and chief operating officer of the Miami Beach Chamber of Commerce. “As we are a tourist destination and get heavy traffic specifically for shopping during this time, it is a natural for us to highlight the event. Small Business Saturday makes sense to us as well because Miami Beach is known for its boutique shops.”

To survive the craziness of the season, consumers may want to treat themselves, too. At Pure Therapy, in the W Hotel on South Beach, customers get a $25 gift card with purchases of $100 or more and items from local designers will be 10 percent off on Saturday. In Bal Harbour, Gee Beauty, one of the only independently owned small businesses in the Bal Harbour Shops, will treat customers to a complimentary Gee Beauty Brow shaping with a purchase of $100 or more.

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New House Speaker pledges inclusion, cooperation

TALLAHASSEE --
Bipartisanship. Cooperation. Across the aisle.

These were the buzzwords and phrases Tuesday during the swearing in of a massive new class of lawmakers who are part of the 86th Legislature that will convene in March.

The aftermath of the Nov. 6 election, which saw Democrats gain seven seats overall, has tempered Republicans. Just two years ago GOP leaders boasted about how conservative Tallahassee had become. Now, amid a backlash against a voting law passed by Republicans in 2011, both GOP leaders set less strident tones during their inaugural speeches, stressing cooperation among all members and a rejection of petty political squabbles.

“The election is over,” said Will Weatherford, who became at 33 the youngest House speaker in modern Florida history and the first from Tampa Bay since 2004.

To those who want President Barack Obama or Congress to fail, Weatherford said: “You are wishing America to fail, and that is unacceptable.”

Tick tock, tick tock

With 8.5 percent unemployment and 3.5 million Floridians on food stamps, Weatherford, R-Wesley Chapel, said that the time for action is now. He gave digital countdown clocks to each House member to remind them that they have two years to improve conditions.

“Our time is short, the clock is ticking, let us make the most of every single second,” Weatherford said. “There are people counting on us. I am counting on you. So that when the clock runs out may it be said of us that we were bold, we served with a purpose and we fulfilled our promise to Florida.”

In a speech that broadly outlined themes of inclusion and cooperation, Weatherford stayed away from specific policy. Instead, Weatherford told members it is more important to think big.

“We will need a clear focus, a collaborative purpose and a leadership of conscience that is willing to do what is right,” he said.

Elections reform

Senate President Don Gaetz hit on the same themes.

“The floor in this chamber is not divided by a partisan aisle that freezes us into gridlock on separate sides of every issue,” Gaetz, R-Niceville, said.

Gaetz, however, was more specific than Weatherford. He said the Senate and House will work together to create jobs, improve higher education, tighten up ethics rules and reform the election process to ensure the 2014 elections in Florida are “a model for America.”

He told his fellow senators they will be judged on their results.

“You and I will be judged by whether we have helped or hurt or been irrelevant to the slow, steady, permanent recovery of Florida’s economy,” he said. “You and I will be judged by whether it is more or less likely that a high school or college or university graduate can count on his education as the passport to a job.

“You and I will be judged, in spite of ourselves, not by what we say but by what we do to reform the way we run elections and raise the standards of ethical conduct from the courthouse to the state house.”

Ethics crash course

To show that he’s serious about ethics reform, Gaetz has proposed that senators take an ethics course — for an hour.

In that amount of time, Gaetz hopes to provide an overview of the ethical dilemmas that face lawmakers from time to time.

“My hope is that (the class) will cover the basics of public service and interest people in learning more,” Gaetz told reporters, adding that it’s better for lawmakers to learn the rules up front rather than after they’re in trouble.

Gaetz also installed a rule banning senators from voting on bills that could benefit or harm them personally. Under current rules, senators can vote as long as they disclose the conflict.

Conflicts are inevitable because lawmaking is a part-time job that pays about $30,000 per year, and most legislators and their spouses have other jobs and businesses.

For example, Sen. Greg Evers, R-Baker, disclosed a voting conflict in 2012 on a controversial prison privatization bill. Evers’s wife was a lobbyist for four groups that opposed privatization. Evers was abiding by the rules when he cast his vote against the bill.

In the House, Weatherford has revived the ethics and elections committee after it was disbanded to address reforms that he says is necessary.

Herald/Times staff writers Steve Bousquet and Brittany Alana Davis contributed to this report.

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News Summary: India outrage over Facebook arrests

WHAT HAPPENED: As India‘s financial capital shut down for the weekend funeral of a powerful politician linked to waves of mob violence, a woman posted on Facebook that the closures in Mumbai were “due to fear, not due to respect.” A friend of hers hit the “like” button. For that, both women were arrested.

THE RATIONALE: The arrests were seen as a move by police to prevent any outbreak of violence by supporters of Bal Thackeray, a powerful Hindu fundamentalist politician who died Saturday.

THE REACTION: But analysts and the media are slamming the Maharashtra state government for what they said was a flagrant misuse of the law and an attempt to curb freedom of expression.

Social Media News Headlines – Yahoo! News

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ET's Power List: Taylor Swift

At 22 years old, the latest addition to ET's Power List, Taylor Swift, has practically grown up in the spotlight. While on the one hand, her early success has garnered her an estimated net worth of $165 million, on the other hand, any moment of aberration could hit the front page of tabloids overnight. So what's the teen star's vice?

PICS: Fierce & Fabulous Fashions of the 2012 AMA Red Carpet

"The one indulgence that I allow myself is food," says Taylor. "I just love food. I can't do crazy birdseed diet stuff."

While her diet may be indulgent, Taylor still displays discipline.

"I like to eat a lot, so I exercise a lot," Taylor explains. "I try to really balance it out, because I just like food so much!"

WATCH: Taylor Swift Shares Home Videos

According to Taylor, the best advice she ever received was "to be kind to people."

"No matter how bad a day you're having, don't take it out on other people," says Taylor.

Watch the video for more.

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Cops questioning person of interest in Brooklyn shopkeeper slays

Cops are questioning a person of interest in the serial killings of three Brooklyn shopkeepers, law enforcement sources told the Post.

The mustachioed man seen carrying a duffel bag near the scene of the latest killing in Flatbush is being interviewed by investigators at the 67th precinct, the sources said.

The unidentified man was seen near the scene of Friday’s murder of Rahmatollah Vahidipour, 78, who was closing up his shop just after 7 pm when he was shot three times.

Casings left at the scene were matched by ballistics tests to two other killings on July 6 and Aug. 2 that were committed with the same .22-caliber handgun.

NYPD / Splash News

This is "John Doe Duffel Bag" - a person of interest in the Brooklyn shopkeeper killings.

A man that resembled “Duffel Bag” was also spotted on grainy surveillance footage near the scene of the shooting of Bensonhurst store owner Isaac Kadare, 59, sources have said — but Police Commissioner Ray Kelly yesterday dismissed the similarity.

“No, that is not the case,” Kelly said. “He was in the vicinity ... roughly at the time we believe the [latest] murder took place."

Cops have also ruled out a man who was identified as a person of interest in the shooting of Kadare.

”It is no longer relevant,” said Kelly. “ That individual washed out again. ... He’s not a subject. He’s a person we simply wanted to speak to.”

Each of the three murders occurred while the lone business owner was closing up shop and all three bodies were also covered when they were discovered, cops said.

“It may be significant, it may not, but in all three cases, the victim’s head was covered either by cardboard or clothing of some sort,” said Kelly.

Mohamed Gebeli, 65, was shot to death on July 6 in his Bay Ridge clothing store and Kadare was stabbed in the neck and shot in the head roughly one month later at his Bensonhurst 99 cent store.

Employees of stores near the latest Flatbush killing are being told by cops to use security cameras and to not close up shop alone.

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Dear daughter, let me give you some career advice ...

My daughter, a high school junior, wants to be a teacher. That doesn’t sit well with my husband, who worries about the state of education and the job outlook. He and I regularly debate whether we should encourage her to pursue this interest, or strongly steer her in another direction.

Today, coaching our kids about career paths is complicated. Many of my reporter and editor friends who witnessed an overhaul of the media world are highly opposed to their kids becoming journalists. Where parents of the past pushed their kids to follow in their footsteps, we want the generation of college-bound kids we raise to go where the jobs will be.

American workers’ experiences during the recession and the uncertainty of the global economy have made many of us more opinionated about what careers our kids pursue. We have witnessed job loss and burnout. We have seen highly educated professionals such as lawyers and bankers lose their jobs. And worse, we have seen college graduating classes face an overwhelmingly tough employment arena. While it’s true that a college degree usually guarantees better wages, the mantra of parents clearly has become: Can you land a decent-paying job with that degree?

As parents, we’re just beginning to understand that the next generation will have to navigate the workplace differently. Experts forecast that workers starting out now will switch careers — that’s careers, not jobs — an average of more than three times during their lives. Should parents, then, worry less about guiding our kids into careers and focus more on helping our kids identify skills to succeed in the new economy?

Whether my daughter becomes a teacher or an engineer, her success likely will come from a mastery of technology, languages and communications skills. Most importantly, she will need the mindset to be a problem solver, innovator, risk taker and self marketer. She will need to be prepared to continuously acquire new skills, a lesson my generation has learned the hard way.

“We are fooling ourselves to think young people will get a degree and spend the next 20 years at a single company or in a single industry,” says John Swartz, regional director of career services at Everest College, which has campuses in 30 cities including Miami. “They will have to be more focused on dealing with change. In this new world order, they have to follow the jobs in demand, acquire the right skills or at least transferable skills, and know that the skill set needed might change.”

For example, Swartz says, he has seen young people get training to become medical assistants because they have a passion to help others. They later were able to apply those skills to other jobs in healthcare. “Parents need to help their kids soul search, then support their decision whatever they choose, understanding that every good high-wage job requires more skill,” Swartz says.

Cesar Alvarez, executive chairman of Greenberg Traurig law firm, factors this concept into how he advises his four children, 28, 27, 22 and 21. For centuries, the law profession has attracted smart, principled men and women. Yet, in the last few years, we’ve seen lawyers underemployed, law partners burned out and law grads without jobs. I asked Alvarez whether he has encouraged any of his children to enter the legal profession.

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