NYT > Home Page: Obama Speech Leaves G.O.P. Stark Choices

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Obama Speech Leaves G.O.P. Stark Choices
Jan 23rd 2013, 03:10

WASHINGTON — President Obama's aggressive Inaugural Address on Monday presented Congressional Republicans with a stark choice over the next two years: accommodate the president's agenda on immigration, guns, energy and social programs and hope to take the liberal edge off issues dictated by the White House, or dig in as the last bulwark against a re-elected Democratic president and accept the political risks of that hard-line stance.

Speaker John A. Boehner, center, and other House Republicans on Tuesday at a news conference urging a set budget.

As Mr. Obama's second term begins, Republican leaders appear ready to accede at least in the short term on matters like increasing the debt limit.

Their decision shows that even among some staunch conservatives, Mr. Obama's inauguration could be ushering in a more pragmatic tone — if not necessarily a shift in beliefs. From the stimulus to the health care law to showdowns over taxes and spending, Republicans have often found that their uncompromising stands simply left them on the sidelines, unable to have an impact on legislation and unable to alter it much once it passed.

Even in the budget impasses that forced spending cuts sought by conservatives, the Republicans' ultimate goals — changes to entitlement programs and the tax code — have been out of reach.

Now, some in the party say, it is time to take a different tack.

"We're too outnumbered to govern, to set policy," said Representative John Fleming, a Louisiana Republican who has taken confrontational postures in the past. "But we can shape policy as the loyal opposition."

The new approach has already produced results. In proposing to hold off a debt limit showdown for three months in return for the Senate producing a budget, House Republicans essentially maneuvered Senate Democrats into agreeing to draw up a spending plan, something they have avoided for three years.

Republican concessions, however, may only set up larger confrontations in the coming months over spending, taxes and immigration.

For instance, the three-month delay on the government's statutory borrowing limit set for a vote on Wednesday is likely to produce a fight this spring over changes to Medicare, even for those nearing retirement. An acceptance in principle on the need to institute changes in immigration laws could bog down later this year over what to do with nearly 12 million illegal immigrants.

And the House Republican demand that the Senate produce a budget by mid-April could set in motion a Senate effort to overhaul the tax code to raise more revenue, contrary to Republican vows to stand against any more tax increases.

The president's inaugural speech set Republicans on edge. Representative Paul D. Ryan of Wisconsin, the party's vice-presidential nominee last year, said Mr. Obama had used "straw man arguments" in taking an implicit swipe at Mr. Ryan when he said that programs like Medicare and Social Security "do not make us a nation of takers; they free us to take risks that make this country great."

Mr. Ryan said that his own past references to "takers" did not refer to programs that people had paid into over their lives, and that the president was distorting the Republican stance.

"When the president does kind of a switcheroo like that, what he's trying to say is that we are maligning these programs that people have earned throughout their working lives," he said on the Laura Ingraham talk-radio program.

Senator Mitch McConnell of Kentucky, the Republican minority leader, called the address "basically a liberal agenda directed at an America that we still believe is center-right."

Nonetheless, the accommodations to the president may begin Wednesday when House Republican leaders ask their members to suspend the debt limit for three months as both chambers move forward on broader budget plans. The White House press secretary, Jay Carney, said Tuesday that the president "would not stand in the way of the bill becoming law."

The tests will keep coming. A bipartisan group of senators is expected to release immigration proposals within the next two weeks. Already, there are signs of resistance. Representative Raúl R. Labrador of Idaho, expected to be a point person for Republicans in the coming battle, said he could not support a pathway to citizenship for illegal immigrants, a top demand of the president's.

Senator Harry Reid of Nevada, the majority leader, vowed Tuesday to put on the floor any gun control measures passed by the Judiciary Committee, inching closer to another showdown with the House.

To smooth these initial accommodations, House Republican leaders are having to make commitments to the rank and file that may present problems in the future. To win the votes for a 90-day suspension of the debt limit, some of the House's most ardent conservatives said Tuesday, their leaders had to promise them two concessions.

The first was that either $110 billion in automatic, across-the-board spending cuts would go into force as scheduled in March, or equivalent cuts would have to be found. The second was that the House would produce a budget this spring that balances in 10 years — a heavy lift, considering that the past two budgets passed by the House did not get to balance for nearly 30 years.

To do that, House Republicans said, substantial changes to Medicare — which previously would have affected only those 10 years or more from the eligibility age of 65 — would instead have to hit people 7 years from eligibility, producing more savings.

"In 90 days, this is going to be the ultimate test for those we entrust with leadership positions," said Representative Dave Schweikert, Republican of Arizona. "And I believe there will be hell to pay if we squander this."

For now, some Republicans concede that the party is standing on shaky ground as it girds for confrontation.

"The public is not behind us, and that's a real problem for our party," said Representative Justin Amash of Michigan, a Republican who has clashed with his party's leadership.

Newt Gingrich, the last Republican speaker to face a re-elected Democratic president, said that Republicans could not be seen as simply saying no to the president.

"You can take specific things he said that you agree with, emphasize those, and take the things you don't agree with and propose alternatives," he said.

Ashley Parker and Jeremy W. Peters contributed reporting.

A version of this article appeared in print on January 23, 2013, on page A1 of the New York edition with the headline: Obama Speech Leaves G.O.P. Stark Choices.

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NYT > Home Page: Wayne LaPierre of N.R.A. Has Angry Response to Obama

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Wayne LaPierre of N.R.A. Has Angry Response to Obama
Jan 23rd 2013, 04:35

WASHINGTON — Wayne LaPierre, the executive director of the National Rifle Association, angrily accused President Obama on Tuesday of demonizing law-abiding gun owners and of wanting to put "every private personal firearms transaction right under the thumb of the federal government."

In a fiery speech at a hunting conference in Nevada, Mr. LaPierre criticized Mr. Obama's Inaugural Address on Monday when the president said Americans should not "mistake absolutism for principle."

That reference, Mr. LaPierre said, was intended as an attack on the N.R.A. and gun owners who believe that the Second Amendment to the Constitution provides an absolute right to bear arms.

"I urge our president to use caution when attacking clearly defined absolutes in favor of his principles," Mr. LaPierre said. "When absolutes are abandoned for principles, the U.S. Constitution becomes a blank slate for anyone's graffiti."

Speaking on the same day that a gunfight on a Texas college campus left four people hospitalized, Mr. LaPierre gave voice to some of the resistance on Capitol Hill from Republicans who oppose efforts by the president to seek tougher restrictions on firearms.

That debate is likely to begin in the days ahead as Mr. Obama's allies in Congress formally introduce legislation seeking a ban on assault weapons, limits on high-capacity magazines and an enhanced and expanded background check system for gun purchases.

Senator Harry Reid of Nevada, the Democratic majority leader and a supporter of gun rights, said Tuesday that he would not stand in the way of such legislation and would make sure that gun-control legislation was allowed to come to the floor of the Senate.

But Mr. LaPierre angrily accused Mr. Obama of seeking to substitute his own beliefs for the absolute principles that the framers of the Constitution had established in the Bill of Rights.

He said there were only two reasons government would want to expand the background check system, which he said would collect the names of gun owners into a huge federal registry.

The reasons, he said: "Either to tax them, or to take them."

Mr. LaPierre said that the president had twisted the definition of the word "absolutist," turning it into the same as the word "extremist." He said the president's goal was to get guns out of the hands of law-abiding citizens, leaving them only in the hands of criminals and the wealthy.

"If the only way he can force you to give them up is through scorn and ridicule, believe me, he is more than willing to do it," Mr. LaPierre said.

He also accused the president of protecting the wealthy like Mr. Obama and his allies — who he said have protection for their families — by taking the guns away only from those who cannot afford paid protection.

"We are told that wanting the same technology that the criminals and our elites are protected by for themselves is a form of absolutism," Mr. LaPierre said. "Barack Obama is saying that the only principled way of making children safe" is making other people less safe, he said.

A version of this article appeared in print on January 23, 2013, on page A15 of the New York edition with the headline: N.R.A. Leader Denounces Obama's Call for Gun Control.

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NYT > Home Page: Yair Lapid Guides Yesh Atid Party to Success in Israeli Elections

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Yair Lapid Guides Yesh Atid Party to Success in Israeli Elections
Jan 23rd 2013, 03:12

Sebastian Scheiner/Associated Press

In Tel Aviv, supporters of Yair Lapid celebrated parliamentary election results, which could net his Yesh Atid Party about 19 seats.

RAMAT GAN, Israel — With his good looks and suave manner, Yair Lapid had long been a celebrity and symbol of success here, building a strong following as a prominent journalist and the host of a popular television show.

But by the time the polls closed here Tuesday, it was clear that Mr. Lapid had reinvented himself as one of the most powerful political leaders in the country, leveraging his celebrity and a populist message that resonated.

Mr. Lapid, 49, was the surprise of the Israeli election. His party placed second, when polls said it would come in fourth. He had predicted that he would do better with his outreach to the middle class and his emphasis on social justice and the rising inequalities in society. He was right. His centrist Yesh Atid Party won 19 seats in the 120-seat Parliament, according to preliminary results, positioning Mr. Lapid as the chief power broker in the formation of the next governing coalition.

Mr. Lapid's stronghold seems to have been the Tel Aviv area, with preliminary results showing he garnered about a quarter of the votes cast here in Ramat Gan and similar suburbs of Israel's largely secular metropolis.

Though little known abroad, for many here, in this generation, Mr. Lapid became the quintessential Israeli.

His father was a Holocaust survivor who went on to serve as justice minister. His mother is a well-known novelist. A year ago, when Mr. Lapid decided to quit television and enter politics, he set himself the mission of representing the country's struggling middle class, a long-neglected constituency. He presented a common appeal, refreshing for an Israeli politician. As the author of a widely read column in the weekend supplement of the newspaper Yediot Aharonot, he wrote a column under a title that became his catchphrase: "Where's the money?"

He wrote: "This is the big question asked by Israel's middle class, the same sector on whose behalf I am going into politics. Where's the money? Why is it that the productive sector, which pays taxes, fulfills its obligations, performs reserve duty and carries the entire country on its back, doesn't see the money?"

Mr. Lapid harnessed the frustration of hundreds of thousands of Israelis who took to the streets in the social-justice protests of the summer of 2011. When he founded Yesh Atid (There Is a Future) the next spring, he adopted and sharpened the popular demands for a more equal sharing of the burden, meaning an end to automatic military exemptions for thousands of ultra-Orthodox students who opt for full-time Torah study, as well as demands for better public education and an end to rising taxes that choke the working class.

At times, when his supporters showed up at the rallies clad in Yesh Atid T-shirts and holding banners, Mr. Lapid was accused of trying to hijack the protests that grew up spontaneously from the grass-roots of society.

But when the polls indicated that Yesh Atid would garner about a dozen seats in the next Parliament, Mr. Lapid insisted that it would win 20 or more and that he could best translate the simmering anger of working, middle Israel into political power.

On the peace process with the Palestinians, Mr. Lapid has also stuck to the middle ground, presenting safe positions within the consensus: he says that he favors negotiations for a Palestinian state while retaining the large West Bank settlement blocs under Israeli control, and he opposes any division of Jerusalem.

And while his father was known for staunch secularism — his politics based on an abrasive, antireligious platform — Mr. Lapid is more diverse and inclusive. Among Yesh Atid's top members are Shai Piron, a modern Orthodox rabbi and educator; Yaakov Perry, a former chief of Israel's internal security service; Yael Garman, the mayor of Herzliya; Ofer Shelah, a former journalist; Mickey Levy, a former Jerusalem police chief; and Dov Lipman, an American-born ultra-Orthodox rabbi who has worked to ease tensions between divided sectors of Israeli society.

After the preliminary election results Tuesday night, Mr. Lipman, speaking at Mr. Lapid's event in Tel Aviv, said that he had joined Yesh Atid because he believed in the party. "I hope to change things for the better," he said. "For 30 years this country has been about left versus right. Now we want to change things on the inside: national service, education, housing, a middle class that cannot finish the month."

Mr. Lapid, a married father of three, is an amateur boxer and is known for his casual chic black clothing. Born in Tel Aviv to Yosef Lapid, known as Tommy, a Holocaust survivor of Hungarian descent who came to Israel in 1948, and Shulamit Lapid, a well-known author, he began his career as a print journalist.

He then became a popular talk show host and anchored Channel 2's Friday evening news.

After his father died in 2008, at 77, Mr. Lapid wrote "Memories After My Death," the story of his father's life from his days in the ghetto of Budapest through to his period as minister of justice in Ariel Sharon's government.

On Tuesday, Channel 2 aired a pretaped interview with Mr. Lapid. Speaking of his father, Mr. Lapid said, "Four days before he died he told me — and he was a dramatic man, he loved great dramatic gestures — he said to me, 'Yairi, I am leaving for you a family and a state.' "

In another telling exchange a few years ago, when Mr. Lapid interviewed his father on television, he asked a question he asked of all his interviewees: "What is Israeli in your view?"

His father replied, "You."

Irit Pazner Garshowtiz contributed reporting from Tel Aviv, and Gabby Sobelman from Rehovot, Israel.

A version of this article appeared in print on January 23, 2013, on page A10 of the New York edition with the headline: Charismatic Leader Helps Israel Turn to the Center.

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NYT > Home Page: Worker at Algerian Gas Facility Describes Escape

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Worker at Algerian Gas Facility Describes Escape
Jan 23rd 2013, 02:25

BERGEN, Norway — After militants stormed his remote desert workplace last week, Liviu Floria, a Romanian gas worker, locked the door and sought refuge under a desk. For five hours, as he stayed hidden, he communicated by text message with a Romanian co-worker in another part of the sprawling In Amenas gas facility.

Liviu Floria, now safely back home in Romania, was among those who fled the In Amenas plant.

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Then an ominous final message flashed on his cellphone from the colleague. "I am a hostage," it said.

That colleague would later be found dead, Mr. Floria said, along with at least 36 other foreigners whom the Algerian government has identified as victims of the attack. But Mr. Floria's story is one of both terror and salvation as he and seven others managed to scale the fence surrounding the compound, trek through the desert and escape death.

Mr. Floria saw the attack as it began last Wednesday. He and a colleague, George Iachim, were making their morning coffee when an alarm sounded. They rushed to the window and saw what looked like an action movie unfolding before them. Four men with assault rifles had gotten out of a car and were shooting at the guards stationed at the entrance.

"Out of a peaceful place, a normal place to work, in a few seconds it was transformed into a cemetery," Mr. Iachim later told Romanian television.

After nearly two days of hiding from the hostage-takers, Mr. Floria and seven others decided their only chance at survival would come from climbing the fence and running away. They left around 2 a.m. for what became a harrowing desert trek, guided only by the flickering flame atop a gas well in the distance and a compass application on Mr. Floria's iPhone.

Algerian officials said Tuesday that they were searching the Sahara for five missing foreigners, in the hopes that others might have escaped into the desert as Mr. Floria and the others did. "It's ongoing," said a senior Algerian official. "They've disappeared. We're not going to just abandon them like that."

Helge Lund, chief executive of Statoil, the Norwegian company that is one of the operators of the In Amenas plant, said Monday in a televised news conference that 12 of Statoil's 17 employees had returned home, while "extensive searches in and around the plant at In Amenas and at hospitals in Algeria are taking place" for the other five. It was unclear whether the Algerians were referring to the Norwegians, who as of late Tuesday were still classified as missing rather than dead.

Mr. Floria recounted his experiences from back home in Romania on Tuesday. He was clearly still shaken by the experience and traumatized about the deaths of his colleagues, including two Romanians, and on Monday he had gone to a monastery to pray.

Mr. Floria, 45, said that he was no wildcat cowboy, no thrill seeker or adventurer, just a hard-working man hoping to provide a better life for his family. He had been employed in the oil and gas industry in Pitesti, Romania, for nearly 20 years when he was contacted through the job-networking Web site LinkedIn by an international recruiting agency.

The new job in Algeria as a mechanical foreman paid five times as much as he was making in Romania, where the industry was struggling and the future looked uncertain. With the money he earned, Mr. Floria hoped that he could send his teenage daughter to Britain for college and eventually buy himself a little house in the mountains. Safety was not a concern, he said.

He began work in 2010 and before long was used to the routine, one month in the Sahara working 12-hour days and one month back home.

The night before the attack, Mr. Floria went to bed early. It was a decision he said he believed might have saved his life. He woke up early, at 5:15 a.m., and he and Mr. Iachim drove in a Toyota Land Cruiser from the living area to the central processing facility a few miles away. They drove through the very gate that the militants would storm minutes later.

The two Romanians stayed all day and all night in the office, trying to keep quiet, subsisting on water and a few cookies they had with them. Long periods of silence were interrupted by minutes of gunfire and explosions. Mr. Floria tried to suppress his emotions and remain focused on staying alive.

"In my mind, the fate was we should escape from here," Mr. Floria said. "I must stay calm, manage my feelings and we see what happens next."

On Thursday afternoon, after more than 24 hours in hiding, they heard someone calling: "Anybody here? Anybody here?"

It was Lou Fear, one of the Britons. "When we heard his voice, we were very happy," Mr. Floria said, relieved to have been found by others who had eluded capture.

Mihai Radu contributed reporting from Bucharest, Romania; Henrik Pryser Libell from Bergen; and Adam Nossiter from Algiers.

A version of this article appeared in print on January 23, 2013, on page A8 of the New York edition with the headline: Gas Complex Worker Tells of Terror and a Desperate Escape.

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NYT > Home Page: Despite Strong Earnings, Google Is Still Stymied by Mobile

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Despite Strong Earnings, Google Is Still Stymied by Mobile
Jan 23rd 2013, 01:56

SAN FRANCISCO — Although Google is scrambling to meet consumers as they flock to mobile devices, the question is whether it is moving fast enough.

Investors were comforted on Tuesday when Google announced strong fourth-quarter earnings, and the stock rebounded from a dip over the last week, climbing 5 percent in after-hours trading.

But a closer look at the results shows that while Google continues to be a moneymaking machine, its most lucrative business, search on desktop computers, is slowing, while Google has not yet figured out how to make equivalent profits on mobile devices.

"You would expect Google to be a key player benefiting from mobile, but that hasn't played out in the last year," said Jordan Rohan, a Stifel Nicolaus analyst.

The price advertisers pay Google each time someone clicks on an ad, known as cost per click or C.P.C., decreased 6 percent from the fourth quarter a year ago, falling for the fifth consecutive quarter on a yearly basis, though not as much as some analysts had feared.

The cost per click has been declining largely because advertisers pay less for mobile ads, and more people are using Google on their mobile devices and fewer on their desktop computers.

Still, Google has been trying to improve its mobile products — from developing new kinds of mobile ad campaigns to building devices like the Nexus 4 smartphone — and its executives say it is a matter of time before the numbers improve. Already, in the fourth quarter, the cost per click rose 2 percent from the previous quarter.

"We're in some uncharted territory because of the rapid rate of change in these things, but I'm very optimistic about it," said Larry Page, Google's chief executive, on a conference call with analysts after the earnings were announced. "I think the C.P.C.'s will improve as the devices improve, as well."

Mr. Page, who has had health problems related to his voice, sounded unusually weak and breathy.

Google reported revenue that was lower than analysts had expected. Google warned last week that analysts' expectations were off target because Google sold Motorola's set-top box division during the quarter and so did not include it in the quarterly results. Still, even including that division of Motorola, Google's revenue would have missed expectations.

The company reported fourth-quarter revenue of $14.42 billion, an increase of 36 percent over the year-ago quarter. Net revenue, which excludes payments to the company's advertising partners, was $11.34 billion, up from $8.13 billion. Net income rose 7 percent to $2.89 billion, or $8.62 a share.

The fourth quarter is generally Google's brightest because it makes much of its money on retail ads that run during the holiday shopping season. This holiday season was the first that Google charged e-commerce companies to be included in its comparison shopping engine, and these so-called product listing ads contributed to its bottom line.

"Despite talk about retail having a weak season, Google's product listing ad program has taken off quite successfully," said Sid Shah, director of business analytics at Adobe, which handles $2 billion in annual advertising spending.

Home Depot increased mobile commerce sales by four times after using Google mobile ads, said Patrick Pichette, Google's chief financial officer. He also cited YouTube ad revenue, saying the "Gangnam Style" video, the most-watched on record, has earned $8 million in online advertising deals. Election ad spending on Google increased five times over the 2008 election, he said.

Nonetheless, Google's mobile challenge overhung even its usual holiday shopping sparkle. Consumers are increasingly shopping on phones and tablets, yet Google and other companies have not yet figured out how best to profit from mobile users.

One problem is that advertisers pay about half as much for an ad on a mobile device, in part because they are not yet sure how effective mobile ads can be. Another challenge is that consumers increasingly use apps, like Yelp or Kayak, to search on mobile devices instead of using Google.

And even when consumers use Google for mobile searches, they are often doing so on Apple devices like iPhones, for which Google has to pay Apple a fee. Those types of fees are large — equivalent to 25 percent of Google's revenue in the quarter.

The shift to mobile is happening as Google's biggest, most lucrative business — desktop search — is slowing. The share of clicks on Google results that happen on desktop computers has fallen to 73 percent from 77 percent in the last six months, while the share of clicks on tablets and smartphones has increased to 27 percent from 23 percent, according to data from Adobe.

The problem is that clicks on retail ads on tablets, for instance, cost about 16 percent less than they do on the desktop, according to Adobe. The price of clicks on retail ads on tablets rose 16 percent over the last year, but on smartphones they fell 11 percent.

As the desktop search sector slows, Google has a new search competitor to contend with: Facebook, which last week introduced a new form of personalized social search on the site.

Google has also recently become a maker of mobile devices, both by acquiring money-losing Motorola and by producing the line of Nexus devices with manufacturer partners.

In the fourth quarter, Google sold about 1.5 million Nexus phones and tablets, not including those sold by other retailers, according to estimates from JPMorgan, and has had trouble keeping supply up with demand.

Eventually, Google hopes, these various businesses will help it solve the mobile revenue riddle, but analysts say they do not expect it to happen in the near term. "You have your Motorola Android phone, get offered a local deal, go into the merchant, use Google Checkout to pay and get rewards," said Colin Gillis, an analyst at BGC Partners. "That's the grand vision and it's a nice vision, but it's not happening in March."

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NYT > Home Page: City Room: Doll of Pioneer's Spirit Explores the City, One Loan at a Time

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City Room: Doll of Pioneer's Spirit Explores the City, One Loan at a Time
Jan 23rd 2013, 00:28

Flora Sobrino, 11, left, wrote a get-well letter to Kirsten, an American Girl doll in need of repairs.Chang W. Lee/The New York TimesFlora Sobrino, 11, left, wrote a get-well letter to Kirsten, an American Girl doll in need of repairs.

After one visit, she returned with her hair in dreadlocks. Another time, her long blonde locks were primly fashioned into a traditional bun. One day, she came back wearing a uniform of the exclusive Brearley School on the Upper East Side of Manhattan.

These have been the many phases of Kirsten Larson, an American Girl doll who was sitting on a shelf in the East Village library until a resourceful children's librarian began lending her to girls — many of whose parents, because of financial or feminist reasons, resist buying the dolls.

Kirsten — who retails for $110 and is marketed as a "pioneer girl of strength and spirit" leading an adventurous life in the mid-1800s — was dropped off a decade ago in the Gothic building on Second Avenue.

She could not have been more out of her element, in her homespun frock and bonnet, in the middle of a neighborhood once known for punk rock, left-wing activism and on-the-edge art and fashion, and now for its rapid gentrification.

But Kirsten has adapted to her urban frontier, traveling from one girl's home to another's for two weeks at a time, spending nights inside cramped apartments in public housing projects and inside luxury high-rises with sweeping city views. She also has taken trips out of the neighborhood with her temporary little guardians: boat rides on Oyster Bay, and to house parties held by Mexican immigrants living in Harlem.

The doll, part of a brand that is all the rage among girls and whose price tag is rage-inducing to many of their parents, has become one of the most sought-after items at the Ottendorfer library branch. For some girls, Kirsten was the only way they could afford such a luxury item in their home. For other girls, it was the only way their liberal-minded parents would allow any doll into their home, refusing to indulge in gender stereotypes or what they considered to be an elitist hobby.

Suzette Seepersad had been avoiding buying her daughter Caelyn Osborn, 5, any toys geared toward girls.

"Also, I worried that this doll leads to all these accessories, and it's a whole industry," she said.

But Caelyn fell in love with Kirsten, taking her to the family's apartment, bathing her, reading stories to her and putting her to bed. She kept the doll for perhaps two weeks, and had to be reminded by a librarian to return it. Now, Ms. Seepersad said, "I'm trying to get my sister to buy her" an American Girl doll.

With its limited budget, the branch could hardly be mistaken for the upscale American Girl Place store, the company's flagship store farther uptown on Fifth Avenue, where reservations are often required for $20-a-head tea parties. But the excitement level, at least, was comparable in the library – and of course, here it was free to take Kirsten home.

Flora, who borrowed the doll, wrote a letter to Thea Taube, the children's librarian.Chang W. Lee/The New York Times Flora, who borrowed the doll, wrote a letter to Thea Taube, the children's librarian.

The children began adopting Kirsten for days or weeks at a time, the way they would borrow a book. The library system does not typically lend out dolls, so Thea Taube, the children's librarian at the branch, kept it unofficial. She did not require names or library cards from borrowers but rather relied on the honor system. Some children kept the doll for several weeks, she said.

Now after dozens of trips over the years, Kirsten is worn out and is being shipped to the company's doll hospital in Middleton, Wis., to have her loosened arm and leg joints fixed and her hair, which has become matted from being styled and restyled countless times, replaced.

She will also receive a new wardrobe and accessories, since Kirsten's boots, apron, knit stockings and bonnet – everything but her dress – have all been long lost, something that Ms. Taube said was a result of "a lot of love over the years."

A group of Kirsten's other favorite caretakers gathered recently at the library for a going-away party, drawing get-well cards and relishing one last play-date with the doll.

There was Flora Sobrino, 11, who now has three American Girl dolls of her own. There was Alondra Salas, 6, who could not afford such a doll, and whose mother, a nanny for an East Village family, knitted Kirsten's outfit at their modest apartment in Harlem.

There was Khadija Sankara, 6, from the Bronx, who asked her mother — a Senegalese immigrant who runs a T-shirt shop nearby – for an American Girl doll.

"She wanted one, but her older sister told me: 'You know how much it costs? As much as an iPod or something,'" the mother, Theresa Sankara, recalled.

There was Alison Newmark, 3, who would sleep with Kirsten and show her off to neighbors in the lobby of her building.

"I would not buy it for her now because it's very expensive, but she thought it was the most beautiful doll she ever saw," said her mother, Julia Justo. "It was almost like a real person to her – like a friend."

Despite all the adoration she has received, Kirsten was not an overnight sensation at the library. When Ms. Taube became the children's librarian in 2004, she found Kirsten languishing on a forgotten shelf in a library office within earshot of the busy children's room, because library workers considered her too expensive to risk damage by displaying.

Kirsten had been donated a year earlier by the American Girl company when it opened its flagship Manhattan store and gave dolls and their biographical books to city library branches.

"I thought, 'Well, we loan out books that are that expensive, so why can't we lend her out too?'" said Ms. Taube, who hoped the doll would attract more children to the branch, leading them to read the doll books.

Kirsten, the library's American Girl doll.Chang W. Lee/The New York Times Kirsten, the library's American Girl doll.

Ms. Taube began displaying Kirsten on her desk, with no sign or label or explanation. Immediately there were shy inquiries.

"If I saw a girl admiring it, I'd say, 'Do you know you can take her home?'" Ms. Taube said. "'She likes to take trips and visit other dolls.'"

New York library officials said they knew of no other doll-lending in their system.

Flora, a sixth grader at Brearley who dressed Kirsten in her school's uniform, began borrowing Kirsten five years ago, taking her home to her apartment on St. Marks Place, and began writing homemade books with adventure stories featuring Kirsten.

She took Kirsten to her family Thanksgiving and Christmas dinners, and to playgrounds where other girls would learn that they, too, could borrow Kirsten, said Flora's mother, Andrea Sobrino. At one point, Flora misplaced the doll's apron, but later found it and returned it along with a pair of underwear she bought for Kirsten with her own money.

"When Flora was 6 we told her, 'It's a very expensive doll,'" Ms. Sobrino said. "We weren't considering buying her a $100 doll."

"We were hoping that borrowing Kirsten might quench her desire for her own doll, but actually, I think it may have turned out to be a gateway doll," she said.

Flora saved her allowance money for a year and bought herself two dolls and received another as a gift. Now the dolls are watching Flora grow too old to play with them.

As the library prepared to close, Kirsten's farewell party was coming to an end. The children hugged and said goodbye to the little well-worn pioneer and put her in a box bound for Wisconsin. Ms. Taube told the girls they would celebrate together when the doll returned in several weeks.

Ms. Taube said Kirsten exemplified the library as a community center that offered diverse services and lending materials.

"I tell the kids that the library belongs to them," she said. "And I think that any child who could not afford that doll will remember the time they were able to borrow it from the library."

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NYT > Home Page: J.&J. Study Suggested Hip Device Could Fail in Thousands More

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J.&J. Study Suggested Hip Device Could Fail in Thousands More
Jan 23rd 2013, 00:29

An internal analysis conducted by Johnson & Johnson in 2011 after it recalled a troubled hip implant projected that the all-metal device would fail within five years in nearly 40 percent of patients who received it, newly disclosed court records show.

Johnson & Johnson never released those projections for the device, the Articular Surface Replacement, or A.S.R., which the company recalled in mid-2010. But even as the medical products giant was performing that analysis, it was publicly disputing similar findings from a British implant registry about the device's early failure rate.

The company's analysis also suggests that the implant is likely to fail prematurely over the next few years in thousands more patients in addition to those who have already undergone painful and costly procedures to replace it.

The internal Johnson & Johnson analysis is among hundreds of internal company documents that are expected to become public as the first of over 10,000 lawsuits by patients who got an A.S.R. prepares to go to trial this week. The A.S.R. episode represents one of the biggest medical device failures in recent decades and the forthcoming trial is expected to shed light on what officials of Johnson & Johnson's DePuy Orthopaedics division knew about the device's problem before its recall and the actions they took or did not take.

The trial, which is expected to begin Friday in Los Angeles Superior Court, may also provide a guide to both the financial and reputational consequences of the A.S.R. episode to Johnson & Johnson. Last year, the company took a $3 billion special charge, much of it related to medical and legal costs associated with the A.S.R. DePuy has offered to pay patient costs for replacement procedures.

The A.S.R. belonged to a once-popular class of hip implants in which a device's cup and ball component were both made of metal. While the A.S.R. was the most failure-prone of those implants, surgeons have largely abandoned using such devices in traditional hip replacement because their components can grind together, releasing metallic debris that damages a patient's tissue and bone.

On Friday, Judge J. Stephen Czuleger, who is presiding over the Los Angeles case, unsealed a number of motions that contained portions of a pretrial deposition of a DePuy official as well as related company records. Those disclosures, such as the company's estimate of the A.S.R.'s failure rate, represent only a tiny fraction of the information that will become public if the trial proceeds. Over the past two years, plaintiffs' lawyers working on A.S.R.-related lawsuits have reviewed tens of thousands of internal DePuy documents and deposed dozens of company executives.

Executives of DePuy have long insisted that their handling of the A.S.R. was forthright and appropriate. In mid-2010, when DePuy recalled the implant, officials said they were doing so because data that year from the National Joint Registry of England and Wales showed for the first time that it was failing prematurely at a higher rate than competing implants. In 2011, the British implant registry updated its projected failure rates for A.S.R. patients who had had it the longest, saying it was failing in one-third of them. It was that estimate that was challenged by DePuy.

About 7,000 of the A.S.R. lawsuits have been consolidated in a federal court in Ohio. An additional 2,000 cases have been consolidated in a California state court. The California case chosen to go to trial this week was selected because the plaintiff, a man named Loren Kransky, is suffering from cancer and may not live much longer, lawyers involved in the case said. DePuy has already settled a few A.S.R. cases before trial and it may choose to do so in Mr. Kransky's case as well.

About 93,000 patients worldwide received an A.S.R., about one-third of them in the United States. There are two versions of the A.S.R., one used in traditional hip implants and the other used in an alternative replacement procedure known as resurfacing. Only the traditional implant was sold in the United States.

Both versions of the A.S.R., however, used the same metal hip cup as part of their design.

Asked for comment about the company's internal analysis, a spokeswoman for DePuy, Mindy Tinsley, said in a statement that it "was based on a small, limited set of data that could not be used to generalize" the overall failure rate for the A.S.R.

In 2011, when DePuy challenged the British joint registry's findings, the company made similar comments. But other medical organizations have also projected very high failure rates for the A.S.R.

Hip implants, which are traditionally made from metal and plastic, often last for 15 years before they wear out and need to be replaced. Such devices can fail prematurely for a variety of reasons but the early replacement rate is typically 1 percent annually, or 5 percent at five years.

In pretrial testimony, Paul Voorhorst, DePuy's director of biostatistics and data management, said that the company performed several reviews of A.S.R. failures in patients in the fall of 2011, a year after it recalled the model.

Based on the number of patients who had already undergone device replacement at the time, DePuy estimated that about 37 percent of patients who got an A.S.R. might need to have it replaced within five years of receiving it.

Last year, The New York Times reported that DePuy executives decided in 2009 to phase out the A.S.R. and sell off its inventories just weeks after the Food and Drug Administration asked the company in a letter for additional 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.

In other pretrial testimony released Friday, a DePuy engineer stated that company officials were aware in 2008 of reports by an English surgeon that the resurfacing version of the A.S.R. was releasing high levels of metallic ions, particularly in women. As a report, company officials felt they had to move quickly to redesign the implant.

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