Issue link: https://www.epageflip.net/i/675091
ByJimSalter The Associated Press ST. LOUIS Twice in the past three months, juries have awarded tens mil- lions of dollars to ovar- ian cancer victims who blamed Johnson & John- son talcum powder for their illness — among the first verdicts in a gather- ing courtroom assault by law firms that are aggres- sively recruiting clients through TV ads and the Internet. While the link between ovarian cancer and talc is a matter of scientific dis- pute, a St. Louis jury Mon- day ordered Johnson & Johnson to pay $55 mil- lion to a South Dakota survivor of the disease. In February, another St. Louis jury awarded $72 million to relatives of an Alabama woman who died of ovarian cancer. They are among several hundred lawsuits claim- ing that regularly apply- ing products like John- son's Baby Powder and Shower to Shower to the genitals can cause the of- ten-lethal cancer. Both cases were han- dled by the Onder Law Firm, based in suburban St. Louis, one of the firms with ads running nation- wide that urge cancer vic- tims to come forward. Attorney Jim Onder said Johnson & Johnson's marketing targeted over- weight women, blacks and Hispanics, "knowing that those groups were most at-risk for talc-related ovarian cancer," he said. "It's horrible." Onder said researchers began connecting talcum powder to ovarian cancer in the 1970s. Some case studies have indicated that women who regularly use talc on their genital area face up to a 40 percent higher risk of developing ovarian cancer. But other studies have found no definitive link, the company said. "Unfortunately, the ju- ry's decision goes against 30 years of studies by medical experts around the world that continue to support the safety of cosmetic talc," Johnson & Johnson spokeswoman Carol Goodrich said in a statement. Teri Brickey, fore- woman of the jury that decided the latest case by a 9-3 vote, said she found the science presented by the plaintiffs more believ- able. "I will never use talc again. It's definitely con- cerning to me," Brickey, 45, told The Associated Press. "I think it's a po- tential health hazard for some women -— a small percentage, but it is a per- centage." Talc is a naturally oc- curring mineral that is mined from the soil. It is widely used in cosmetics and other personal care items to absorb mois- ture, prevent caking and improve a product's feel. Onder's firm alone has around 1,200 other tal- cum-related lawsuits pending — roughly 1,000 in St. Louis and 200 in New Jersey, Onder said. Legal experts not involved in the lawsuits said John- son & Johnson will prob- ably consider a settlement after two big losses. "One blockbuster jury award can be written off as a fluke," said Nora Free- man Engstrom, a Stan- ford University law pro- fessor. "When you have two, it starts to look like a trend, and a very wor- rying one for Johnson & Johnson." Goodrich said Johnson & Johnson is appealing both verdicts while "fo- cusing on the next trial." The medical commu- nity hasn't reached a con- sensus on talc as a possi- ble carcinogen. The International Agency for Research on Cancer classifies genital use as "possibly carcino- genic." The National Tox- icology Program, made up of parts of several differ- ent government agencies, including the National Institutes of Health, the Centers for Disease Con- trol and Prevention and the Food and Drug Ad- ministration, has not fully reviewed talc. Dr. Adetunji Toriola, a cancer epidemiologist at Washington University's Siteman Cancer Center in St. Louis, said case stud- ies indicate that women who use talc increase their chances of develop- ing ovarian cancer by 20 to 40 percent. Ovarian cancer is highly deadly because it is often diag- nosed too late. "It's probably just safer not to use talc for that reason," Toriola said. He said talc might cause inflammation, which in turn is believed to increase the risk of ovarian cancer. Dr. Joshua Muscat, a Penn State public health professor and paid John- son & Johnson consul- tant who testified for J&J in the earlier trial, said Tuesday that scien- tific agencies including the National Cancer In- stitute, the FDA and the American Cancer Society have never found a link between talc and ovarian cancer. "That finding was made only in the court of law and not among official scientific agencies," Mus- cat said. "In my opinion, it's settled in the scientific community." The two St. Louis ver- dicts were the first talcum powder cases in which money was awarded. A federal jury in 2013 sided with another South Da- kota woman, but it or- dered no damages, a spokeswoman for Onder's firm said. Johnson & Johnson has been targeted before by health and consumer groups over ingredients in its products, including Johnson's No More Tears baby shampoo. After three years of petitions, bad publicity and a boycott threat, the company agreed in 2012 to eliminate 1,4-dioxane and formaldehyde, both considered probable car- cinogens, from all prod- ucts by 2015. GATHERING COURTROOM ASSAULT An ot he r bi g ve rd ic t in talc case against Johnson & Johnson By Corey Williams and David Eggert The Associated Press DETROIT Detroit teachers who had closed city schools for two days by calling out sick announced Tuesday that they would return to the classroom after receiv- ing assurance from the dis- trict's manager that they would be paid. The move by the Detroit Federation of Teachers came hours after Michigan law- makers advanced a $500 million plan to restructure Detroitpublicschoolsbycre- ating a new district. The vote was intended to ease teachers' fears that they might not get paid if the dis- trict runs out of money. But theunionquicklyblastedthe legislation endorsed by the House Appropriations Com- mittee. It would forbid exist- ing labor agreements from transferring to the new dis- trict and restrict collective bargaining over work sched- ules and school calendars. Terrence Martin, the union's executive vice pres- ident, said the union was "truly outraged" by the pro- posal. He said the measures heading to the full House "feel like and look like anti- teacher bills" and differ rad- ically from legislation ap- proved in March by the Sen- ate that he described as "workable." "It's just a tes- tament to how far apart lawmakers are right now. ... "(It's) very discouraging to our membership," Mar- tin said. "We'll continue to fight." The union said it would encourage members to go back to school Wednesday based on discussions with thedistrict'sstate-appointed transitional manager, Ste- ven Rhodes. The sick-out idled 45,000 children and presented yet another cri- sis with racial overtones for a governor and Legislature already engrossed in the water emergency in Flint, a majority-black city like De- troit, where many residents have complained about be- ing treated like second-class citizens. "Teachers, you're going to get paid," Republican House Appropriations Committee Chairman Al Pscholka said before the panel approved the plan over objections that it would not be enough money and also hurt the teachers union. The proposal that passed mostly along party lines would retire the district's enormous debt by 2023 and launch a new district in July. It would spend less than a $700-plus million plan approved by the Sen- ate in March. The GOP-led House could vote on the idea later this week. But big dif- ferences would still need to be resolved with the Re- publican-controlled Senate. It was unclear how quickly that could occur before the Legislature adjourns for the summer in mid-June. On Tuesday, the district closed 94 of its 97 schools — the same number that can- celled classes on Monday, whenmorethan1,500teach- ersdidnotshowupforwork. "We want to be in school teaching children," said Randi Weingarten, national president of the American Federation of Teachers, the union that represents De- troit teachers. "But you can- not in good conscience ask anybody to work without a guarantee they're going to be paid." The district — considered the worst academically of its size in the country — has been under continuous state oversight since 2009. It has been led by a series of finan- cialmanagerswhohavecon- fronted debt and enrollment that has declined to a third of what it was a decade ago. Current transition man- ager and former federal judge Steven Rhodes, who oversaw the city's bank- ruptcy, warned over the weekend that nearly $50 million in emergency spend- ing that the state approved in March will run out by June 30. Teachers opting to have their pay spread over 12 monthsinsteadofthecourse of the school year would not receive paychecks in July and August without more help from the state. The seven-bill plan aims to ensure that the newly created district could spend more on academics if freed of debt payments equaling $1,100 per student. But Republicans and Democrats remain at odds over issues such as how much state money is needed and how to create a special commission to open and close schools, including pub- licly funded charters. Also unresolved is the question of when an elected school board would take power and if a financial oversight com- mission would have a say in hiringanewsuperintendent. Rep. Henry Yanez, a Dem- ocrat, characterized the leg- islation as "bald-faced union busting." Other Democrats questioned why it would provide only $33 million for start-up costs and cash flow when $200 million is required. The mass sick-outs that started late last year with just a small group of teach- ers, however, angered Re- publicans who complained that the protest did not help their efforts to pass the bills. Four bills won approval on narrow 15-14 votes. Rep. Earl Poleski of Jack- son, who voted for the legis- lation, called the work stop- pages "reprehensible." "Their actions have been grossly unprofessional," he said. But one parent who was missing work because her daughter has been shut out of class said the blame for the district's financial mal- adies falls on the shoulders of the state, not the teachers. "I think (the teachers) have been doing the best that they can with the re- sources that they have," said Monique Baker McCormick, whose daughter is an 11th- graderatCassTech."They're just trying to survive them- selves off of what little they get. So I don't blame them at all for fighting for what they deserve." Asked if Pres- ident Barack Obama sup- ports the sick-outs, White House spokesman Josh Ear- nest said Tuesday that he was "deeply concerned" that students were not being ed- ucated and urged teachers and local officials to "resolve their differences so that kids can get back to school." EDUCATION Detroit teachers to return to classroom a er 2-day sick-out CARLOSOSORIO—THEASSOCIATEDPRESS Teachers rally outside the school district's headquarters, Tuesday in Detroit. By Lisa Lerer The Associated Press ASHLAND, KY. When Pres- ident Bill Clinton rolled into the small Appalachian town of Ashland, Kentucky, in 1996, cheering crowds lined the streets. Local boy- turned-country music star Billy Ray Cyrus performed a special version of his hit, "Achy Breaky Heart" before nearly 20,000 supporters at a riverfront re-election rally. Back then, this was Clin- ton country. Today, it looks an awful lot more like Trump town. Hillary Clinton was met in Ashland on Monday by just a handful of support- ers and a lone heckler, who shouted: "Go home, Hill- ary!" Later on, hundreds of protesters stood in pouring rain, waved Donald Trump signs and chanted "Kill-ary" as Clinton toured a health center in Williamson, West Virginia. The unwelcome reception marks a striking political shift for the Clintons, who've long staked their electoral fortunes on working class white voters. Bill Clinton won the White House in 1992 by wooing Southern swing voters in places such as Kentucky, West Virginia and Tennessee, and his wife swept all three states in her primary run in 2008 against then-Illinois Sen. Barack Obama. Eight years later, Trump's connectionwiththosevoters could pose a threat to Clin- ton in the coal mining com- munities of Appalachia she visited on Monday, but also in parts of the Rust Belt and upper Midwest hit hard by thedeclineofdomesticman- ufacturing. "I am well aware of the politics in West Virginia," she told MSNBC in Charles- ton, W.Va on Tuesday. "It's gottenincreasinglychalleng- ing for Democrats to be suc- cessful." As she increasingly fo- cuses her efforts on the gen- eral election, Clinton is try- ing to replicate the electoral strategy that twice boosted Obama into the White House by concentrating on wooing young, minority and female voters. Trump may afford them newopportunitiestoexpand what's known as the Obama coalition:Heraidescalculate thebillionaire's penchantfor controversy could put tradi- tionally Republican-lean- ing states such as Georgia, North Carolina and Arizona into play. "As an old duck hunter, I know the truth of the say- ing, 'You gotta hunt where the ducks are at,'" said Paul Begala, who helped engi- neer Clinton's victory in 1992. "President Obama un- derstood this, as does Secre- tary Clinton." But at the same time, Clinton's long history with the region means she and her husband aren't willing to give up on places such as Ashland. Her campaign ex- plained her swing through the coal-mining region as one that highlights her will- ingness to speak to the en- tire country — even those people who don't support her bid. Aides say she's un- likelytowineitherKentucky or West Virginia in the pri- maries later this month or thegeneralelectionnextfall. Democrats have lost sup- port in Appalachia as the re- gion has shed jobs in indus- tries such as coal mining and as union membership has declined, said Demo- cratic strategist Dave "Mud- cat" Saunders. PRESIDENTIAL RACE Once a Clinton stronghold, Appalachia now Trump country LEGALNOTICE NOTICE OF TRUSTEE'S SALE UN- DER DEED OF TRUST LOAN: n/a OTHER: FILE: 5084284 DLH IN- VESTOR LOAN #: A.P. NUMBER: 037-090-036-000 YOU ARE IN DE- FAULT UNDER A DEED OF TRUST, DATED 01/23/2007. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. NOTICE is hereby given that FIRST AMERICAN TITLE COMPANY, a California corpora- tion, as trustee, or successor trustee, or substituted trustee pursuant to the Deed of Trust executed by JAMES D. RODDY, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY Recorded on 01/31/2007 as Instrument No. 2007002019 in Book n/a Page n/a of Official Records in the office of the County Recorder of TEHAMA County, California, and pursuant to the Notice of Default and Election to Sell thereunder recorded 01/26/2016 in Book n/a, Page n/a, as Instrument No. 2016000796 of said Official Re- cords, WILL SELL, on 05/27/2016 At the main entrance to the Tehama Courthouse Tehama County Courthouse at 633 Washington Street, Red Bluff, CA. at 02:00PM, AT PUBLIC AUCTION TO THE HIGHEST BID- DER FOR CASH (payable at the time of sale in lawful money of the United States), all right, title and interest conveyed to and now held by it under said Deed of Trust in the property situated in said County and State herein- after described: As more fully described on said Deed of Trust. The property address and other common designation, if any, of the real property described above is purported to be: 21995 FLORES AVENUE, RED BLUFF, CA 96080 The undersigned Trustee disclaims any liability for any in- correctness of the property ad- dress and other common desig- nation, if any, shown herein. The total amount of the unpaid bal- ance of the obligation secured by the property to be sold and reasonable estimated costs, ex- penses and advances at the time of the initial publication of the Notice of Sale is: $292,016.40. In addition to cash, the Trustee will accept a cashier's check drawn on a state or national bank, a check drawn by a state or federal credit union or a check drawn by feder- check drawn by a state or feder- al savings and loan association, savings association or savings bank specified in Section 5102 of the Financial Code and author- ized to do business in this state. In the event tender other than cash is accepted the Trustee may withhold the issuance of the Trustee's Deed until funds become available to the payee or endorsee as a matter of right. Said sale will be made, but with- out covenant or warranty, ex- press or implied regarding title, possession or encumbrances, to satisfy the indebtedness se- cured by said Deed, advances thereunder, with interest as pro- vided therein, and the unpaid principal balance of the Note se- cured by said Deed with interest thereon as provided in said Note, fees, charges and expens- es of the trustee and the trusts created by said Deed of Trust. Dated: 04/27/2016 FIRST AMERI- CAN TITLE COMPANY, as said Trustee a California corporation 330 SOQUEL AVENUE SANTA CRUZ, CA, 95062 (831) 426-6500 By: DEBORAH L. HOWEY FORE- CLOSURE OFFICER FOR SALE IN- FORMATION: www.nationwidepo sting.com, or (916) 939-0772 NO- TICE TO POTENTIAL BIDDERS: If sting.com, (916) TICE TO POTENTIAL BIDDERS: If you are considering bidding on this property lien, you should understand that there are risks involved in bidding at a trustee auction. You will be bidding on a lien, not on the property itself. Placing the highest bid at a trustee auction does not auto- matically entitle you to free and clear ownership of the property. You should also be aware that the lien being auctioned off may be a junior lien. If you are the highest bidder at the auction, you are or may be responsible for paying off all liens senior to the lien being auctioned off, be- fore you can receive clear title to the property. You are encour- aged to investigate the exis- tence, priority, and size of out- standing liens that may exist on this property by contacting the county recorder's office or a ti- tle insurance company, either of which may charge you a fee for this information. If you consult either of these resources, you should be aware that the same lender may hold more than one mortgage or deed of trust on the property. NOTICE TO PROPERTY OWNER: The sale date shown on this notice of sale may be post- poned times by the may post- poned one or more times by the mortgagee, beneficiary, trustee, or a court, pursuant to Section 2924g of the California Civil Code. The law requires that in- formation about trustee sale postponements be made availa- ble to you and to the public, as a courtesy to those not present at the sale. If you wish to learn whether your sale date has been postponed, and, if applicable, the rescheduled time and date for the sale of this property, you may call or visit this Internet Web site: www.nationwideposti ng.com or call: (916) 939-0772, using the file number assigned to this case (see File No). Infor- mation about postponements that are very short in duration or that occur close in time to the scheduled sale may not immedi- ately be reflected in the tele- phone information or on the In- ternet Web site. The best way to verify postponement informa- tion is to attend the scheduled sale. NPP028026 3 To: DAILY NEWS (RED BLUFF) PUBLISH: 05/04/2016, 05/11/2016, 05/18/2016 i}> ÌVià i}> ÌVià i}> ÌVià i}> ÌVià i}> ÌVià i}> ÌVià i}> ÌVià i}> ÌVià i}> ÌVià i}> ÌVià | NEWS | REDBLUFFDAILYNEWS.COM WEDNESDAY, MAY 4, 2016 6 B