S&P 500 ends flat as bank profits temper growth concerns

NEW YORK (Reuters) - The S&P 500 ended nearly flat on Wednesday as solid earnings from two major banks and a bounceback in Apple shares offset concerns about a lower forecast for global growth in 2013.


Shares of Goldman Sachs hit their highest since May 2011 as earnings nearly tripled on increased revenue from dealmaking and lower compensation expenses. JPMorgan Chase said fourth-quarter net income jumped 53 percent and earnings for 2012 set a record.


JPMorgan shares rose 1 percent to $46.82, while Goldman climbed 4.1 percent to $141.09.


They were among the first big banks to report results and helped to lift estimates for S&P 500 corporate earnings slightly, to a 2.2 percent gain, Thomson Reuters data showed.


"Pretty solid numbers from both JPMorgan and Goldman Sachs are putting a lot of momentum behind the financials, with a lot more names to report this week. But I think that's helping to put a better bid to the market overall," said Michael James, senior trader at Wedbush Morgan in Los Angeles.


Apple rebounded after three days of losses, helping the Nasdaq outperform the S&P 500 and Dow. Apple rose 4.2 percent to $506.09. It closed below $500 on Tuesday for the first time since February.


"There could not have been more negativity around Apple going into today. So was it due for an oversold bounce on a trading basis? Absolutely," James said.


A slow economic recovery in developed nations is holding back the global economy, the World Bank said on Tuesday, as it sharply scaled back its forecast for world growth in 2013 to 2.4 percent from an earlier forecast of 3.0 percent.


The Dow Jones industrial average <.dji> was down 23.66 points, or 0.17 percent, at 13,511.23. The Standard & Poor's 500 Index <.spx> was up 0.29 points, or 0.02 percent, at 1,472.63. The Nasdaq Composite Index <.ixic> was up 6.77 points, or 0.22 percent, at 3,117.54.


The biggest drag on the Dow was Boeing , whose shares fell 3.4 percent to $74.34 on concerns about its new Dreamliner passenger jets. Japan's two leading airlines grounded their fleets of 787s after an emergency landing, adding to safety concerns triggered by a series of recent incidents.


After the bell, shares of eBay were trading up 0.7 at $53.28, reversing an initial decline following the release of its results. Also after the close, shares of CBS rose 8.3 percent to $41.10 after it said it will convert its Outdoor Americas division into a real estate investment trust. [ID:nL4N0AL98X]


Earlier in the day, U.S. economic data showed consumer prices were flat in December, pointing to muted inflation pressures that should give the Federal Reserve room to prop up the economy by staying on its ultra-easy monetary policy path.


Other data showed U.S. homebuilder confidence in the market for single family homes held steady near seven year highs in January, suggesting the outlook for the housing market remained upbeat.


Volume was roughly 5.6 billion shares traded on the New York Stock Exchange, the Nasdaq and the NYSE MKT, compared with the 2012 average daily closing volume of about 6.45 billion.


Decliners outpaced advancers on the NYSE by nearly 8 to 7 and on the Nasdaq by almost 7 to 5.


(Additional reporting by Chuck Mikolajczak; Editing by Nick Zieminski and Kenneth Barry)



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Netanyahu Issues Veiled Barb in Response to Reported Criticism From Obama





JERUSALEM — Days before an Israeli election that he is expected to win, Prime Minister Benjamin Netanyahu on Wednesday directed a veiled barb at President Obama, who was quoted this week as denouncing Mr. Netanyahu’s policies.




Relations between the two leaders have long been marked by tension that has erupted on occasion into open hostility, particularly over the handling of the Iranian nuclear issue and Israeli settlement plans. Israeli commentators said the latest exchange of messages seemed to suggest that future relations between Mr. Obama and Mr. Netanyahu could be equally fraught.


In a column published by Bloomberg View on Monday, Jeffrey Goldberg, an American journalist who is well acquainted with Israel, wrote that in the weeks after the United Nations General Assembly voted to upgrade the status of Palestine to nonmember observer state, “Obama said privately and repeatedly, ‘Israel doesn’t know what its own best interests are.’ With each new settlement announcement, in Obama’s view, Netanyahu is moving his country down a path toward near-total isolation.”


Responding to a journalist’s question about the comments and the timing during a televised visit to a military base on Wednesday, Mr. Netanyahu said, “I think everyone understands that only Israeli citizens will be the ones who determine who faithfully represents the vital interests of Israel.”


Many Israelis regard Mr. Goldberg as being well connected to Mr. Obama, citing a widely publicized interview by Mr. Goldberg with the president that was published in The Atlantic last March. Mr. Obama said then, regarding Iran, “I think that the Israeli government recognizes that, as president of the United States, I don’t bluff,” and, “In terms of Israeli politics, there’s been a view that regardless of whether it’s a Democratic or Republican administration, the working assumption is: we’ve got Israel’s back.”


Asked for a response to Mr. Goldberg’s column, Tommy Vietor, a spokesman for the National Security Council, said: “I can’t confirm that specific comment or what was allegedly discussed in private meetings.  The president has been clear in stating what he believes is a realistic basis for successful negotiations, and we will continue to base our efforts on that approach.”


The stinging criticism attributed to Mr. Obama made headlines in Israel, not least because of the timing. Months ago, Mr. Netanyahu was widely perceived as meddling in the American presidential campaign in favor of the Republican nominee, Mitt Romney. Now, some Israeli commentators posited, it was payback time.


Others suggested that Mr. Obama’s criticism could only help Mr. Netanyahu, a conservative who is battling political parties further to his right.


Tensions peaked last fall, before the American election, when Mr. Netanyahu publicly criticized the Obama administration for refusing to set clear “red lines” on Iran’s nuclear progress and said that as a result, the administration had no “moral right” to restrain Israel from taking military action of its own.


The Netanyahu government’s frequent announcements of plans to build more Jewish homes in the Israeli-occupied West Bank and the annexed East Jerusalem have been another continual source of friction. Washington has long viewed settlement construction as an obstacle to peace. With the Palestinians demanding a settlement freeze before returning to the negotiating table, Israeli-Palestinian talks have been stalled for years.


Mr. Netanyahu blames the Palestinians for the stagnation, saying he is ready for talks without preconditions.


Soon after the General Assembly voted in November to upgrade the status of the Palestinians, the Netanyahu government announced that it would advance plans to settle a particularly contentious area of the West Bank known as E1 in response. Mr. Obama “didn’t even bother getting angry,” Mr. Goldberg wrote. “He told several people that this sort of behavior on Netanyahu’s part is what he has come to expect, and he suggested that he has become inured to what he sees as self-defeating policies of his Israeli counterpart.”


Moshe Yaalon, Israel’s minister of strategic affairs, told Israel Radio on Wednesday that Mr. Netanyahu had led the country responsibly, and that some of his actions found favor with the United States and Europe while others did not. Asked about the timing of Mr. Goldberg’s column, so soon before Israeli elections set for Jan. 22, Mr. Yaalon said that perhaps the journalist had chosen this “sensitive time” to publish it.


Mr. Goldberg, a columnist for Bloomberg and a national correspondent for The Atlantic, dismissed speculation that his column was timed to influence the Israeli election.


“Think of the column as coming out after the E1 announcement rather than before the election,” Mr. Goldberg said by telephone. Arguing that American criticism of Israeli settlement building was nothing new, he added, “My column just reflects the ongoing concerns of the administration.”


Tzipi Livni, a former Israeli foreign minister and leader of a new centrist party that is focused on resuming the peace process, said Israelis should consider the comments attributed to Mr. Obama as a wake-up call.


Barak Ravid, the diplomatic correspondent of the liberal Haaretz newspaper, wrote on Wednesday, “So far, it’s looking like Netanyahu’s term, too, will entail confrontation with the White House.”


Mr. Obama, he added, “doesn’t intend to waste his time on Middle East peace as long as he doesn’t think Netanyahu is a serious partner.”


Mark Landler contributed reporting from Washington.



This article has been revised to reflect the following correction:

Correction: January 16, 2013

Because of an editing error, an earlier version of this article referred incorrectly to Palestine’s status at the United Nations. It is a nonmember observer state, not a nonvoting member state.



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Why the Atlantic removed the Scientology advertorial






LOS ANGELES (TheWrap.com) – The Atlantic apologized on Tuesday for posting a sponsored advertorial from the Church of Scientology, celebrating its leader David Miscavige.


The sponsored post, which went live Monday at 9:25 a.m. PT, touted 2012 as “milestone year” for the secretive church, which has been steeped in controversy throughout the years.






It was taken down about 8:30 p.m. and replaced by a message saying the magazine had “temporarily suspended this advertising campaign pending a review of our policies that govern sponsor content and subsequent comment threads.”


“We screwed up,” Natalie Raabe, an Atlantic spokeswoman told TheWrap after the firestorm of criticism and mockery the advertisement generated on the web. “It shouldn’t have taken a wave of constructive criticism – but it has – to alert us that we’ve made a mistake, possibly several mistakes.”


The Atlantic issued the following statement:


We screwed up. It shouldn’t have taken a wave of constructive criticism – but it has – to alert us that we’ve made a mistake, possibly several mistakes. We now realize that as we explored new forms of digital advertising, we failed to update the policies that must govern the decisions we make along the way. It’s safe to say that we are thinking a lot more about these policies after running this ad than we did beforehand. In the meantime, we have decided to withdraw the ad until we figure all of this out. We remain committed to and enthusiastic about innovation in digital advertising, but acknowledge – sheepishly – that we got ahead of ourselves. We are sorry, and we’re working very hard to put things right.


The timing of the ad was no surprise. New Yorker writer Lawrence Wright’s book-length exposé on Scientology – based on his 2011 profile of former Scientologist Paul Haggis – is due out Thursday.


Sponsored content, otherwise known as native ads or advertorials, have become a popular source of revenue for online publications, including Forbes and Business Insider.


But, normally, advertisers do not want comment threads under their paid-for content, and while this has never been a problem for previous Atlantic clients, the heated feelings surrounding Scientology erupted in the comment section below the article.


The Atlantic’s marketing team was moderating the comments – about 20 in all before the post was pulled – as they were posted, Raabe said.


“In this case, where a mistake was made, where we are taking a hard look at these things, is there were comments allowed on this post,” an Atlantic official with knowledge of the situation told TheWrap. “For a subject like this where people very strong feelings, we realized there’s not a clear policy in place for things like commenting.”


The Church of Scientology told TheWrap no one was available to speak on the controversy, and its media relations team did not immediately respond to an email requesting comment.


Internet News Headlines – Yahoo! News





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Prince Harry Named Most Eligible Bachelor by Town & Country Magazine









01/15/2013 at 06:30 PM EST



While Prince Harry may not be no. 1 in line for the throne, the young royal has been named the top bachelor of 2013.

Prince Harry, 28, beat out 39 famous faces – including George Clooney and Taylor Swift's summer romance, Conor Kennedy – to be named Town & Country's most eligible bachelor.

Despite his bouts of scandalous behavior, the magazine says it's all part of the uncle-to-be's charm.

"He's the wild-card royal, the naughty one, the one who goes out with rah women, hangs out with a fast crowd, downs too many drinks, and goes home at the wrong moment. That's why we all like him best," Town & Country says. "Harry might not possess a towering intellect – he was a lackadaisical student at Eton, and he skipped university to go to Sandhurst, the English equivalent of West Point – but he is cooler and more appealing than his older brother, sweet as William undoubtedly is."

The ginger is in good company on the list which also includes fellow royals Prince Carl Philip of Sweden, Prince Philippos of Greece and Denmark and Prince Amedeo of Belgium.

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Risk to all ages: 100 kids die of flu each year


NEW YORK (AP) — How bad is this flu season, exactly? Look to the children.


Twenty flu-related deaths have been reported in kids so far this winter, one of the worst tolls this early in the year since the government started keeping track in 2004.


But while such a tally is tragic, that does not mean this year will turn out to be unusually bad. Roughly 100 children die in an average flu season, and it's not yet clear the nation will reach that total.


The deaths this year have included a 6-year-old girl in Maine, a 15-year Michigan student who loved robotics, and 6-foot-4 Texas high school senior Max Schwolert, who grew sick in Wisconsin while visiting his grandparents for the holidays.


"He was kind of a gentle giant" whose death has had a huge impact on his hometown of Flower Mound, said Phil Schwolert, the Texas boy's uncle.


Health officials only started tracking pediatric flu deaths nine years ago, after media reports called attention to children's deaths. That was in 2003-04 when the primary flu germ was the same dangerous flu bug as the one dominating this year. It also was an earlier than normal flu season.


The government ultimately received reports of 153 flu-related deaths in children, from 40 states, and most of them had occurred by the beginning of January. But the reporting was scattershot. So in October 2004, the government started requiring all states to report flu-related deaths in kids.


Other things changed, most notably a broad expansion of who should get flu shots. During the terrible 2003-04 season, flu shots were only advised for children ages 6 months to 2 years.


That didn't help 4-year-old Amanda Kanowitz, who one day in late February 2004 came home from preschool with a cough and died less than three days later. Amanda was found dead in her bed that terrible Monday morning, by her mother.


"The worst day of our lives," said her father, Richard Kanowitz, a Manhattan attorney who went on to found a vaccine-promoting group called Families Fighting Flu.


The Centers for Disease Control and Prevention gradually expanded its flu shot guidance, and by 2008 all kids 6 months and older were urged to get the vaccine. As a result, the vaccination rate for kids grew from under 10 percent back then to around 40 percent today.


Flu vaccine is also much more plentiful. Roughly 130 million doses have been distributed this season, compared to 83 million back then. Public education seems to be better, too, Kanowitz observed.


The last unusually bad flu season for children, was 2009-10 — the year of the new swine flu, which hit young people especially hard. As of early January 2010, 236 flu-related deaths of kids had been reported since the previous August.


It's been difficult to compare the current flu season to those of other winters because this one started about a month earlier than usual.


Look at it this way: The nation is currently about five weeks into flu season, as measured by the first time flu case reports cross above a certain threshold. Two years ago, the nation wasn't five weeks into its flu season until early February, and at that point there were 30 pediatric flu deaths — or 10 more than have been reported at about the same point this year. That suggests that when the dust settles, this season may not be as bad as the one only two years ago.


But for some families, it will be remembered as the worst ever.


In Maine, 6-year-old Avery Lane — a first-grader in Benton who had recently received student-of-the-week honors — died in December following a case of the flu, according to press reports. She was Maine's first pediatric flu death in about two years, a Maine health official said.


In Michigan, 15-year-old Joshua Polehna died two weeks ago after suffering flu-like symptoms. The Lake Fenton High School student was the state's fourth pediatric flu death this year, according to published reports.


And in Texas, the town of Flower Mound mourned Schwolert, a healthy, lanky 17-year-old who loved to golf and taught Sunday school at the church where his father was a youth pastor.


Late last month, he and his family drove 16 hours to spend the holidays with his grandparents in Amery, Wis., a small town near the Minnesota state line. Max felt fluish on Christmas Eve, seemed better the next morning but grew worse that night. The family decided to postpone the drive home and took him to a local hospital. He was transferred to a medical center in St. Paul, Minn., where he died on Dec. 29.


He'd been accepted to Oklahoma State University before the Christmas trip. And an acceptance letter from the University of Minnesota arrived in Texas while Max was sick in Minnesota, his uncle said.


Nearly 1,400 people attended a memorial service for Max two weeks ago in Texas.


"He exuded care and love for other people," Phil Schwolert said.


"The bottom line is take care of your kids, be close to your kids," he said.


On average, an estimated 24,000 Americans die each flu season, according to the Centers for Disease Control and Prevention. People who are elderly and with certain chronic health conditions are generally at greatest risk from flu and its complications.


The current vaccine is about 60 percent effective, and is considered the best protection available. Max Schwolert had not been vaccinated, nor had the majority of the other pediatric deaths.


Even if kids are vaccinated, parents should be watchful for unusually severe symptoms, said Lyn Finelli of the CDC.


"If they have influenza-like illness and are lethargic, or not eating, or look punky — or if a parent's intuition is the kid doesn't look right and they're alarmed — they need to call the doctor and take them to the doctor," she advised.


___


CDC advice on kids: http://www.cdc.gov/flu/protect/children.htm


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Dow, S&P 500 inch up with retailers but Apple drags again

NEW YORK (Reuters) - The Dow and S&P 500 edged higher on Tuesday after stronger-than-expected retail data, though tech heavyweight Apple dragged on the market for a third day.


Apple was the biggest weight on both the S&P 500 and Nasdaq 100 <.ndx> after reports on Monday of cuts to orders for iPhone parts. Shares declined 3.2 percent to $485.92 and closed below $500 for the first time since February.


Retail stocks advanced after a government report showing retail sales rose more than expected in December was seen as a favorable sign for fourth-quarter growth. A separate report showed manufacturing activity in New York state contracted for the sixth month in a row in January.


"A little better-than-expected news on retail sales once again reinforces that the consumer remains alive and reasonably well," said Mark Luschini, chief investment strategist at Janney Montgomery Scott in Philadelphia, which manages about $54 billion in assets.


Among retailers, American Eagle Outfitters Inc gained 4.8 percent to $20.58 and Gap Inc rose 3.4 percent to $32.46. The Morgan Stanley retail index <.mvr> advanced 1.5 percent.


Express Inc surged 23.8 percent to $17.40 after the apparel retailer raised its fourth-quarter and full year 2012 outlook.


The Dow Jones industrial average <.dji> was up 27.57 points, or 0.20 percent, at 13,534.89. The Standard & Poor's 500 Index <.spx> was up 1.66 points, or 0.11 percent, at 1,472.34. The Nasdaq Composite Index <.ixic> was down 6.72 points, or 0.22 percent, at 3,110.78.


Apple's stock has lost about 7 percent in the last three sessions and is down 8.7 percent since the start of the year.


"It's tough to discern exactly what's putting the pressure on it. But at the end of the day, its influence, considering it's still 3 1/2 to 4 percent of the S&P 500 index, is being felt," Luschini said.


"I attribute (it) to just some of the bloom coming off of the rose. They haven't necessarily done anything wrong, as much as others have caught up."


Also keeping investors on edge is the looming debt ceiling debate. On Monday, President Barack Obama rejected any negotiations with Republicans over raising the U.S. debt ceiling. The United States could default on its debt if Congress does not increase the borrowing limit.


Resolving the debt ceiling is more a question of how than if. Investors don't expect a U.S. default, but they are also wary of another eleventh-hour agreement like the one in August 2011.


An expected lackluster earnings season, too, kept investors from taking aggressive bets. Analyst estimates for the quarter have fallen sharply since October. S&P 500 earnings growth is now seen up just 1.8 percent from a year ago, Thomson Reuters data showed.


Homebuilder Lennar reported a sharp rise in quarterly profit, but the stock declined 0.8 percent to $40.68 on worries that growth in orders was slowing.


Dell Inc shares added to Monday's gains, ending up 7.2 percent to $13.17 after sources said talks to take the computer maker private are in an advanced stage.


On the down side, shares of Facebook dropped 2.7 percent to $30.10. The company unveiled a "graph search" feature that CEO Mark Zuckerberg said would help its billion-plus users sort through content within the social network and its content feeds.


Volume was roughly 5.8 billion shares traded on the New York Stock Exchange, the Nasdaq and the NYSE MKT, compared with the 2012 average daily closing volume of about 6.45 billion.


Advancers outpaced decliners on the NYSE by about 17 to 12 and on the Nasdaq by about 13 to 11.


(Additional reporting by Chuck Mikolajczak; Editing by Kenneth Barry and Nick Zieminski)



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Smartphone data consumption tops tablets for the first time ever









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Mayim Bialik: 'Things Can Only Get Better' After a Rough Year









01/14/2013 at 06:30 PM EST







Mayim Bialik


Giulio Marcocchi/Startraks


Between a car accident that left her with lasting injuries and announcing plans to divorce, Mayim Bialik's strength was really put to the test in 2012.

"When you've had a 2012 like me, things can only get better," she told PEOPLE on Sunday at the Golden Globe Awards. "That's the glass half-full."

Judaism has helped get her through the tough times.

"I'm a person of deep religious faith," the Terani-clad actress, 37, explained. "I really believe that things will be right in the universe. Things are hard, but I've really been taught in my tradition that the harder things are, the greater the potential reward. I really believe that."

Adds the Big Bang Theory star, "I don't want to say everything happens for a reason, but every day is lined up right next to the other one for a reason. The best you can do is do each day well with kindness and as a good person."

Moving forward, Bialik already has big hopes for 2013.

"I'm planning on climbing a large mountain with a close friend of mine who is a professional climber," she said. "It's something I've wanted to do. I took up jogging right around the time [husband Michael Stone and I] announced our divorce. I've been really putting myself out there physically."

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Hospitals crack down on workers refusing flu shots


CHICAGO (AP) — Patients can refuse a flu shot. Should doctors and nurses have that right, too? That is the thorny question surfacing as U.S. hospitals increasingly crack down on employees who won't get flu shots, with some workers losing their jobs over their refusal.


"Where does it say that I am no longer a patient if I'm a nurse," wondered Carrie Calhoun, a longtime critical care nurse in suburban Chicago who was fired last month after she refused a flu shot.


Hospitals' get-tougher measures coincide with an earlier-than-usual flu season hitting harder than in recent mild seasons. Flu is widespread in most states, and at least 20 children have died.


Most doctors and nurses do get flu shots. But in the past two months, at least 15 nurses and other hospital staffers in four states have been fired for refusing, and several others have resigned, according to affected workers, hospital authorities and published reports.


In Rhode Island, one of three states with tough penalties behind a mandatory vaccine policy for health care workers, more than 1,000 workers recently signed a petition opposing the policy, according to a labor union that has filed suit to end the regulation.


Why would people whose job is to protect sick patients refuse a flu shot? The reasons vary: allergies to flu vaccine, which are rare; religious objections; and skepticism about whether vaccinating health workers will prevent flu in patients.


Dr. Carolyn Bridges, associate director for adult immunization at the federal Centers for Disease Control and Prevention, says the strongest evidence is from studies in nursing homes, linking flu vaccination among health care workers with fewer patient deaths from all causes.


"We would all like to see stronger data," she said. But other evidence shows flu vaccination "significantly decreases" flu cases, she said. "It should work the same in a health care worker versus somebody out in the community."


Cancer nurse Joyce Gingerich is among the skeptics and says her decision to avoid the shot is mostly "a personal thing." She's among seven employees at IU Health Goshen Hospital in northern Indiana who were recently fired for refusing flu shots. Gingerich said she gets other vaccinations but thinks it should be a choice. She opposes "the injustice of being forced to put something in my body."


Medical ethicist Art Caplan says health care workers' ethical obligation to protect patients trumps their individual rights.


"If you don't want to do it, you shouldn't work in that environment," said Caplan, medical ethics chief at New York University's Langone Medical Center. "Patients should demand that their health care provider gets flu shots — and they should ask them."


For some people, flu causes only mild symptoms. But it can also lead to pneumonia, and there are thousands of hospitalizations and deaths each year. The number of deaths has varied in recent decades from about 3,000 to 49,000.


A survey by CDC researchers found that in 2011, more than 400 U.S. hospitals required flu vaccinations for their employees and 29 hospitals fired unvaccinated employees.


At Calhoun's hospital, Alexian Brothers Medical Center in Elk Grove Village, Ill., unvaccinated workers granted exemptions must wear masks and tell patients, "I'm wearing the mask for your safety," Calhoun says. She says that's discriminatory and may make patients want to avoid "the dirty nurse" with the mask.


The hospital justified its vaccination policy in an email, citing the CDC's warning that this year's flu outbreak was "expected to be among the worst in a decade" and noted that Illinois has already been hit especially hard. The mandatory vaccine policy "is consistent with our health system's mission to provide the safest environment possible."


The government recommends flu shots for nearly everyone, starting at age 6 months. Vaccination rates among the general public are generally lower than among health care workers.


According to the most recent federal data, about 63 percent of U.S. health care workers had flu shots as of November. That's up from previous years, but the government wants 90 percent coverage of health care workers by 2020.


The highest rate, about 88 percent, was among pharmacists, followed by doctors at 84 percent, and nurses, 82 percent. Fewer than half of nursing assistants and aides are vaccinated, Bridges said.


Some hospitals have achieved 90 percent but many fall short. A government health advisory panel has urged those below 90 percent to consider a mandatory program.


Also, the accreditation body over hospitals requires them to offer flu vaccines to workers, and those failing to do that and improve vaccination rates could lose accreditation.


Starting this year, the government's Centers for Medicare & Medicaid Services is requiring hospitals to report employees' flu vaccination rates as a means to boost the rates, the CDC's Bridges said. Eventually the data will be posted on the agency's "Hospital Compare" website.


Several leading doctor groups support mandatory flu shots for workers. And the American Medical Association in November endorsed mandatory shots for those with direct patient contact in nursing homes; elderly patients are particularly vulnerable to flu-related complications. The American Nurses Association supports mandates if they're adopted at the state level and affect all hospitals, but also says exceptions should be allowed for medical or religious reasons.


Mandates for vaccinating health care workers against other diseases, including measles, mumps and hepatitis, are widely accepted. But some workers have less faith that flu shots work — partly because there are several types of flu virus that often differ each season and manufacturers must reformulate vaccines to try and match the circulating strains.


While not 100 percent effective, this year's vaccine is a good match, the CDC's Bridges said.


Several states have laws or regulations requiring flu vaccination for health care workers but only three — Arkansas, Maine and Rhode Island — spell out penalties for those who refuse, according to Alexandra Stewart, a George Washington University expert in immunization policy and co-author of a study appearing this month in the journal Vaccine.


Rhode Island's regulation, enacted in December, may be the toughest and is being challenged in court by a health workers union. The rule allows exemptions for religious or medical reasons, but requires unvaccinated workers in contact with patients to wear face masks during flu season. Employees who refuse the masks can be fined $100 and may face a complaint or reprimand for unprofessional conduct that could result in losing their professional license.


Some Rhode Island hospitals post signs announcing that workers wearing masks have not received flu shots. Opponents say the masks violate their health privacy.


"We really strongly support the goal of increasing vaccination rates among health care workers and among the population as a whole," but it should be voluntary, said SEIU Healthcare Employees Union spokesman Chas Walker.


Supporters of health care worker mandates note that to protect public health, courts have endorsed forced vaccination laws affecting the general population during disease outbreaks, and have upheld vaccination requirements for schoolchildren.


Cases involving flu vaccine mandates for health workers have had less success. A 2009 New York state regulation mandating health care worker vaccinations for swine flu and seasonal flu was challenged in court but was later rescinded because of a vaccine shortage. And labor unions have challenged individual hospital mandates enacted without collective bargaining; an appeals court upheld that argument in 2007 in a widely cited case involving Virginia Mason Hospital in Seattle.


Calhoun, the Illinois nurse, says she is unsure of her options.


"Most of the hospitals in my area are all implementing these policies," she said. "This conflict could end the career I have dedicated myself to."


__


Online:


R.I. union lawsuit against mandatory vaccines: http://www.seiu1199ne.org/files/2013/01/FluLawsuitRI.pdf


CDC: http://www.cdc.gov


___


AP Medical Writer Lindsey Tanner can be reached at http://www.twitter.com/LindseyTanner


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Apple drags on S&P, Nasdaq; Dell jumps after report

NEW YORK (Reuters) - The S&P 500 and Nasdaq ended lower on Monday as worries over demand for Apple products drove down its shares and investors braced for earnings disappointments.


Running counter to that was Dell Inc's stock which jumped 13 percent to about a five-month high at $12.29 after Bloomberg reported the No. 3 personal computer maker is in talks with private equity firms to go private. Dell's gains offset some tech-sector weakness.


Tech heavyweight Apple lost 3.6 percent to $501.75 and was the biggest weight on both the S&P 500 and Nasdaq 100 <.ndx> indexes after reports the company has cut orders for LCD screens and other parts for the iPhone 5 this quarter due to weak demand. The stock hit a session low of $498.51, the first dip below $500 since February 16.


"With Apple, it seems as if the sentiment has shifted from this being the one stock that everybody wanted to own to people beginning to look at it as a company (whose) business is slowing down somewhat," said Eric Kuby, chief investment officer of North Star Investment Management Corp in Chicago.


Adding to investor unease, fourth-quarter earnings kick into high gear this week. Analyst estimates for the quarter have fallen sharply since October. S&P 500 earnings growth is now seen up just 1.9 percent from a year ago, Thomson Reuters data showed.


The Dow Jones industrial average <.dji> was up 18.89 points, or 0.14 percent, at 13,507.32. The Standard & Poor's 500 Index <.spx> was down 1.37 points, or 0.09 percent, at 1,470.68. The Nasdaq Composite Index <.ixic> was down 8.13 points, or 0.26 percent, at 3,117.50.


Apple suppliers also lost ground, with Cirrus Logic off 9.4 percent at $28.62 and Qualcomm down 1 percent at $64.24.


The Dow fared better than the other two indexes, helped in part by Hewlett-Packard shares, which rose 4.9 percent to $16.95. The stock, up early in the session after JPMorgan upgraded its rating on the shares and raised its price target to $21 from $15, added to gains following the Dell report.


Tech has "become the arena for private equity or other capital-restructuring type of maneuvers because of the way their valuations and their balance sheets are," Kuby said.


Appliance and electronics retailer Hhgregg Inc slumped 5.7 percent to $7.44 after the company cut its same-store sales forecast for the full year.


Earnings reports are due this week from Goldman Sachs , Bank of America , Intel and General Electric , among other companies. Third-quarter reports ended with a gain of just 0.1 percent, the worst for an S&P 500 profit period in three years, according to Thomson Reuters data.


President Barack Obama warned Congress at a news conference on Monday that a refusal to raise the U.S. debt ceiling next month could mean a government shutdown and trigger economic chaos.


S&P futures had little reaction to comments after the bell by Federal Reserve Chairman Ben Bernanke, who urged lawmakers to lift the country's borrowing limit to avoid a debt default.


Volume was roughly 5.6 billion shares traded on the New York Stock Exchange, the Nasdaq and the NYSE MKT, compared with the 2012 average daily closing volume of about 6.45 billion.


Decliners were about even with advancers on the NYSE while decliners outpaced advancers on the Nasdaq by about 12 to 11.


(Additional reporting by Chuck Mikolajczak; Editing by Kenneth Barry, Nick Zieminski and Andrew Hay)



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