Flu season strikes early and, in some places, hard

NEW YORK (AP) — From the Rocky Mountains to New England, hospitals are swamped with people with flu symptoms. Some medical centers are turning away visitors or making them wear face masks, and one Pennsylvania hospital set up a tent outside its ER to deal with the feverish patients.

Flu season in the U.S. has struck early and, in many places, hard.

While flu normally doesn't blanket the country until late January or February, it is already widespread in more than 40 states, with about 30 of them reporting some major hot spots. On Thursday, health officials blamed the flu for the deaths of 20 children so far.

Whether this will be considered a bad season by the time it has run its course in the spring remains to be seen.

"Those of us with gray hair have seen worse," said Dr. William Schaffner, a flu expert at Vanderbilt University in Nashville.

The evidence so far points to a moderate season, Schaffner and others say. It looks bad in part because last year was unusually mild and because the main strain of influenza circulating this year tends to make people sicker and really lay them low.

David Smythe of New York City saw it happen to his 50-year-old girlfriend, who has been knocked out for about two weeks. "She's been in bed. She can't even get up," he said.

Also, the flu's early arrival coincided with spikes in a variety of other viruses, including a childhood malady that mimics flu and a new norovirus that causes vomiting and diarrhea, or what is commonly known as "stomach flu." So what people are calling the flu may, in fact, be something else.

"There may be more of an overlap than we normally see," said Dr. Joseph Bresee, who tracks the flu for the Centers for Disease Control and Prevention.

Most people don't undergo lab tests to confirm flu, and the symptoms are so similar that it can be hard to distinguish flu from other viruses, or even a cold. Over the holidays, 250 people were sickened at a Mormon missionary training center in Utah, but the culprit turned out to be a norovirus, not the flu.

Flu is a major contributor, though, to what's going on.

"I'd say 75 percent," said Dr. Dan Surdam, head of the emergency department at Cheyenne Regional Medical Center, Wyoming's largest hospital. The 17-bed emergency room saw its busiest day ever last week, with 166 visitors.

The early onslaught has resulted in a spike in hospitalizations. To deal with the influx and protect other patients from getting sick, hospitals are restricting visits from children, requiring family members to wear masks and banning anyone with flu symptoms from maternity wards.

One hospital in Allentown, Pa., set up a tent this week for a steady stream of patients with flu symptoms. But so far "what we're seeing is a typical flu season," said Terry Burger, director of infection control and prevention for the hospital, Lehigh Valley Hospital-Cedar Crest.

On Wednesday, Boston declared a public health emergency, with the city's hospitals counting about 1,500 emergency room visits since December by people with flu-like symptoms.

All the flu activity has led some to question whether this year's flu shot is working. While health officials are still analyzing the vaccine, early indications are that it's about 60 percent effective, which is in line with what's been seen in other years.

The vaccine is reformulated each year, based on experts' best guess of which strains of the virus will predominate. This year's vaccine is well-matched to what's going around. The government estimates that between a third and half of Americans have gotten the vaccine.

In New York City, 57-year-old Judith Quinones skipped getting a flu shot this season and suffered her worst case of flu-like illness in years. She was laid up for nearly a month with fever and body aches. "I just couldn't function," she said.

But her daughter got the vaccine. "And she got sick twice," Quinones said.

Europe is also suffering an early flu season, though a milder strain predominates there. Flu reports are up, too, in China, Japan, the West Bank, the Gaza Strip, Algeria and the Republic of Congo. Britain has seen a surge in cases of norovirus.

On average, about 24,000 Americans die each flu season, according to the CDC. That's an estimate — the agency does not keep a running tally of adult flu deaths each year, only for children. Some state health departments do keep count, and they've reported dozens of flu deaths so far.

Flu usually peaks in midwinter. Symptoms can include fever, cough, runny nose, head and body aches and fatigue. Some people also suffer vomiting and diarrhea, and some develop pneumonia or other severe complications.

Most people with flu have a mild illness and can help themselves and protect others by staying home and resting. But people with severe symptoms should see a doctor. They may be given antiviral drugs or other medications to ease symptoms.

Flu vaccinations are recommended for everyone 6 months or older. Of the 20 children killed by the flu this season, only two were fully vaccinated.

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AP Medical Writer Maria Cheng in London contributed to this report.

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Online:

CDC flu: http://www.cdc.gov/flu/index.htm

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Affleck, Argo win big at Critics' Choice Awards

LOS ANGELES (AP) — Hours after a surprise snub in Academy Award nominations, Ben Affleck won best director and his film "Argo" was named best picture at the Critics' Choice Movie Awards.

Affleck, whose film was nominated for seven Oscars including best picture but not best director, accepted the award Thursday night at the Broadcast Film Critics Association's 18th annual awards in Los Angeles, joking as he took the trophy that he'd "like to thank the Academy."

Daniel Day-Lewis from "Lincoln" and Jessica Chastain from "Zero Dark Thirty" both added to earlier Oscar nods with Critics' Choice wins in the top acting categories.

Philip Seymour Hoffman won best supporting actor for his role in "The Master" and Anne Hathaway won best supporting actor for "Les Miserables."

The ceremony was broadcast on the CW network.

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The night's winners:

Best Picture: Argo

Actor: Daniel Day-Lewis

Actress: Jessica Chastain

Supporting Actor: Philip Seymour Hoffman

Supporting Actress: Anne Hathaway

Young Actor/Actress - Quvenzhane Wallis

Acting Ensemble: Silver Linings Playbook

Director: Ben Affleck

Original Screenplay: Quentin Tarantino

Adapted Screenplay: Tony Kushner

Cinematography: Claudio Miranda (Life of Pi)

Art Direction: Sarah Greenwood/Katie Spencer (Anna Karenina)

Editing: William Goldenberg/Dylan Tichenor (Zero Dark Thirty)

Costume Design: Jacqueline Durran (Anna Karenina)

Makeup: Cloud Atlas

Visual Effects: Life of Pi

Animated Feature: Wreck-It Ralph

Action Movie: Skyfall

Actor in an Action Movie - Daniel Craig

Actress in an Action Movie - Jennifer Lawrence

Comedy - Silver Linings Playbook

Actor in a Comedy - Bradley Cooper

Actress in a Comedy - Jennifer Lawrence

Sci-Fi/Horror Movie - Looper

Foreign Language Film - Amour

Documentary Feature - Searching for Sugarman

Song - Skyfall

Score - John Williams

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Online:

www.criticschoice.com

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U.S. to review Boeing 787 amid more mishaps

Boeing Co.'s 787 Dreamliner jet suffered a cracked cockpit window and an oil leak on separate flights in Japan on Friday -- the latest in a series of incidents testing confidence in the sophisticated new aircraft.

U.S. aviation regulators said Friday morning they will launch a comprehensive review of the Boeing 787 airplane, with a special focus on its electrical systems, following a series of recent safety incidents, the new head of the Federal Aviation Administration said on Friday.

Though, U.S. officials called the plane safe.

"We believe this is a safe aircraft," Michael Huerta said at a press conference with officials including U.S. Transportation Secretary Ray LaHood and Boeing commercial airplanes chief Ray Conner.

LaHood said he would not hestitate to fly on a Boeing 787.

All Nippon Airways Co. said a domestic flight from Tokyo landed safely at Matsuyama airport Friday in western Japan after a crack developed on the cockpit windscreen, and the plane's return to Tokyo was cancelled.

The same airline later said oil was found leaking from an engine of a 787 Dreamliner after the plane landed at Miyazaki airport in southern Japan. An airline spokeswoman said it later returned to Tokyo after some delay. No one was injured in either incident.

The world's first carbon-composite airliner, which has a list price of $207 million, has been beset by problems this week. Some analysts say these are normal teething issues as a new plane enters service under close scrutiny. Others say the incidents could erode public confidence in the aircraft.

The 787 Dreamliner will undergo a comprehensive review of its critical systems by regulators, the U.S. Department of Transportation said Friday.

The review of the jet will include design, manufacture and assembly, after a series of problems in recent weeks, including a battery that caught fire on an empty 787 parked in Boston on Monday.

The agency said it plans to announce more details at a press conference Friday at 9:30 am ET.

U.S. regulators have raised questions about the plane's reliability on long transocean routes, the Wall Street Journal reported.

The 787 Dreamliner made its first commercial flight in late-2011, after a series of production delays put deliveries more than three years behind schedule. By the end of last year, Boeing had sold 848 Dreamliners, and delivered 49.

Earlier this week, a battery fire caused damage to an empty 787 jet operated by Japan Airlines while it was on the ground at Boston airport. The next day, another JAL 787 spilled 40 gallons of fuel onto the taxiway at the same airport after a problem that caused a valve to open, forcing the plane to delay its departure. On Wednesday, ANA cancelled a domestic Dreamliner flight due to a brake-control computer glitch.

Boeing's top Dreamliner engineer, Mike Sinnett, was rolled out midweek to defend the 787, saying the plane's problem rates were no higher than with Boeing's successful 777 jet.

SPIDER WEB CRACK

ANA said crew noticed a spider web-like crack in a window in front of the pilot's seat about 70 minutes into Friday's flight, which was close to its destination.

"Cracks appear a few times every year in other planes. We don't see this as a sign of a fundamental problem" with Boeing aircraft, a spokesman for the airline said.

On the later flight, the ANA spokeswoman said she could not specify how much oil leaked from the engine. Later on Friday, ANA - which, with JAL flies 24 of the 49 Dreamliners delivered to end-December - launched its maiden service between Tokyo's Narita Airport and San Jose, California with the Dreamliner.

Jun Akiyama, a plane enthusiast who was taking photos at the airport ahead of the San Jose departure, said: "It's worrying. If there was a major accident lives would be at stake, and these defects are only increasing fears."

But Yasushi Uesaka, a systems engineer from Osaka who was also taking pictures nearby, played down the incidents. "When new things come out, there will naturally be defects. That a lot of these defects didn't occur during flight means they're not too critical, I think."

In India - where state-owned Air India has taken delivery of six Dreamliner jets and has more on order - a senior official at the aviation regulator said there was concern at the recent spate of Dreamliner glitches. The Directorate General of Civil Aviation has not ordered any Dreamliner checks for now, but is waiting for a safety report from the U.S. National Transportation Safety Board, the official said.

Air India spokesman K. Swaminathan said the airline's debut Dreamliner flight to Paris on Thursday went without a hitch.

FUEL SAVINGS

One of Boeing's chief innovations with the 787 is its use of electrical power to run on-board functions such as hydraulics and air conditioning, instead of relying on heavier pneumatic systems used on other planes. The weight savings make the 787 more fuel efficient, a big advantage for airlines battling high jet fuel costs.

To power the electrical system, the 787 uses generators attached to the plane's engines, which produce about 1.5 megawatts of power, enough to power about 300 hot water heaters. The system uses high-voltage distribution panels and powerful batteries, such as the one that caught fire in Boston on Monday.

Makoto Yoda, president of Japanese battery maker GS Yuasa Corp, which makes the Dreamliner batteries, said his company was looking into Monday's fire, and was sending a team of engineers to cooperate with the U.S. investigation.

 

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'Lincoln' leads Academy Award contenders with 12 nominations

With a conspicuous diss of Kathryn Bigelow, the un-nominated director of “Zero Dark Thirty,” the Academy Awards nominations were announced Thursday morning.

“Zero Dark Thirty” was one of nine films given the best picture nomination nod. The others: “Beasts of the Southern Wild”; “Silver Linings Playbook”; “Lincoln”; “Les Miserables”; “Life of Pi”; “Amour”; “Django Unchained”; and “Argo.” With 12 nominations total, director Steven Spielberg’s “Lincoln” led this year’s pack, unusually full of films that have reached a broad mainstream audience. “Life of Pi” came in with 11 nominations; “Silver Linings Playbook” and “Les Miserables” received eight.

The best actress Oscar nominees include the oldest-ever performer in that category (Emmanuelle Riva, 85, for “Amour”) as well as the youngest (Quvenzhane Wallis, 9, “Beasts of the Southern Wild”). They’ll compete for the Feb. 24 Oscars against Naomi Watts (“The Impossible”), Jessica Chastain (“Zero Dark Thirty”) and Jennifer Lawrence (“Silver Linings Playbook”).

To the surprise of no one on this planet or any other, Daniel Day-Lewis led the best actor competition for “Lincoln.” His fellow nominees: Denzel Washington, “Flight”; Hugh Jackman, “Les Miserables”; Bradley Cooper, “Silver Linings Playbook”; and in the year’s most unsettling performance, Joaquin Phoenix, “The Master.”

“Silver Linings Playbook” fared well, against some predictions, scoring a supporting actor nomination for Robert De Niro and a supporting actress nod for Jacki Weaver. Other supporting actors nominated include Christoph Waltz for “Django Unchained”; Philip Seymour Hoffman, “The Master”; Alan Arkin, “Argo”; and Tommy Lee Jones,” Lincoln.” All have won Oscars before.

Along with Weaver, Sally Field received a supporting actress nomination, hers for “Lincoln.” The competition: Anne Hathaway, singing her guts out all the way to the podium on Feb. 24 (I’m guessing) for “Les Miserables”; Helen Hunt for “The Sessions” (more of a leading role, in fact); and Amy Adams as the Lady Macbeth of the action in “The Master.”

It’s a huge showing for “Beasts of the Southern Wild,” whose director, Benh Zeitlin, goes toe to toe against his fellow directing nominees David O. Russell (“Silver Linings Playbook”), Ang Lee (“Life of Pi”), Michael Haneke (“Amour”) and Spielberg. Along with “Zero Dark Thirty” director Bigelow, “Argo” helmer Ben Affleck, widely expected to be nominated ... wasn’t.

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NFL player Junior Seau had brain disease CTE

Junior Seau, one of the NFL's best and fiercest players for nearly two decades, had a degenerative brain disease when he committed suicide last May, the National Institutes of Health told The Associated Press on Thursday.

Results of an NIH study of Seau's brain revealed abnormalities consistent with chronic traumatic encephalopathy (CTE).

"The brain was independently evaluated by multiple experts, in a blind fashion," said Dr. Russell Lonser, who oversaw the study. "We had the opportunity to get multiple experts involved in a way they wouldn't be able to directly identify his tissue even if they knew he was one of the individuals studied."

The NIH, based in Bethesda, Md., conducted a study of three unidentified brains, one of which was Seau's. It said the findings on Seau were similar to autopsies of people "with exposure to repetitive head injuries."

Seau's family requested the analysis of his brain.

Seau was a star linebacker for 20 NFL seasons with San Diego, Miami and New England before retiring in 2009. He died of a self-inflicted shotgun wound.

He joins a list of several dozen football players who had CTE. Boston University's center for study of the disease reported last month that 34 former pro players and nine who played only college football suffered from CTE.

"I was not surprised after learning a little about CTE that he had it," Seau's 23-year-old son Tyler said. "He did play so many years at that level. I was more just kind of angry I didn't do something more and have the awareness to help him more, and now it is too late.

"I don't think any of us were aware of the side effects that could be going on with head trauma until he passed away. We didn't know his behavior was from head trauma."

That behavior, according to Tyler Seau and Junior's ex-wife Gina, included wild mood swings, irrationality, forgetfulness, insomnia and depression.

"He emotionally detached himself and would kind of 'go away' for a little bit," Tyler Seau said. "And then the depression and things like that. It started to progressively get worse."

He hid it well in public, they said. But not when he was with family or close friends.

The NFL faces lawsuits by thousands of former players who say the league withheld information on the harmful effects concussions can have on their health.

"We appreciate the Seau family's cooperation with the National Institutes of Health," the league said in an email statement to the AP. "The finding underscores the recognized need for additional research to accelerate a fuller understanding of CTE.

"The NFL, both directly and in partnership with the NIH, Centers for Disease Control and other leading organizations, is committed to supporting a wide range of independent medical and scientific research that will both address CTE and promote the long-term health and safety of athletes at all levels."

NFL teams have given a $30 million research grant to the NIH.

Seau is not the first former NFL player who killed himself, then was found to have CTE. Dave Duerson and Ray Easterling are others.

Duerson, a former Chicago Bears defensive back, left a note asking for his brain to be studied for signs of trauma before shooting himself. His family filed a wrongful death suit against the NFL, claiming the league didn't do enough to prevent or treat the concussions that severely damaged his brain.

Easterling played safety for the Falcons in the 1970s. After his career, he suffered from dementia, depression and insomnia, according to his wife, Mary Ann. He committed suicide last April.

Mary Ann Easterling is among the plaintiffs who have sued the NFL.

"It was important to us to get to the bottom of this, the truth," Gina Seau said, "and now that it has been conclusively determined from every expert that he had obviously had it, CTE, we just hope it is taken more seriously.

"You can't deny it exists, and it is hard to deny there is a link between head trauma and CTE. There's such strong evidence correlating head trauma and collisions and CTE."

Tyler Seau played football through high school and for two years in college. He says he has no symptoms of any brain trauma.

Gina Seau's son Jake, now a high school junior, played football for two seasons, but has switched to lacrosse and has been recruited to play at Duke.

"Lacrosse is really his sport and what he is passionate about," she said. "He is a good football player and probably could continue. But especially now watching what his dad went through, he says, 'Why would I risk lacrosse for football?'

"I didn't have to have a discussion with him after we saw what Junior went through."

Her 12-year-old son, Hunter, has shown no interest in playing football.

"That's fine with me," she said.

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TNT Orders Dick Wolf Series “Cold Justice”

LOS ANGELES (TheWrap.com) – TNT has ordered eight episodes of a new procedural from “Law & Order” boss Dick Wolf, the network said Wednesday.

The series bears the working title “Cold Justice” and is billed as an “unscripted procedural drama.” It will follow Texas prosecutor Kelly Siegler and Yolanda McClary, a crime-scene investigator for the Las Vegas Police Department, as they help local law-enforcement agencies in small towns across the country solve violent crimes that have sat cold because of lack of funding and proper forensic technology.

In each episode, Siegler and McClary will take on a different case, re-examining the evidence and questioning suspects and witnesses in an effort to finally solve the dormant cases.

The show is tentatively slated to premiere on TNT in late summer 2013.

Wolf will executive-produce the series, along with Dan Cutforth and Jane Lipsitz (“Top Chef,” “Fashion Star”) and Tom Thayer (“Hitchcock”). The project comes to TNT from Wolf Films and Cutfort and Lipsitz’s Magical Elves production company.

“Cold Justice” will join other unscripted projects on TNT this year, including the Donnie Walhberg-produced “Boston’s Finest,” a Boston law-enforcement series, which premieres in February; and “The Hero,” a competition series starring Dwayne “The Rock” Johnson, which premieres in the summer. Also premiering in the summer: “72 Hours,” a race-against-the-clock competition set in the wild.

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Retooling Pap test to spot more kinds of cancer

WASHINGTON (AP) — For years, doctors have lamented that there's no Pap test for deadly ovarian cancer. Wednesday, scientists reported encouraging signs that one day, there might be.

Researchers are trying to retool the Pap, a test for cervical cancer that millions of women get, so that it could spot early signs of other gynecologic cancers, too.

How? It turns out that cells can flake off of tumors in the ovaries or the lining of the uterus, and float down to rest in the cervix, where Pap tests are performed. These cells are too rare to recognize under the microscope. But researchers from Johns Hopkins University used some sophisticated DNA testing on the Pap samples to uncover the evidence — gene mutations that show cancer is present.

In a pilot study, they analyzed Pap smears from 46 women who already were diagnosed with either ovarian or endometrial cancer. The new technique found all the endometrial cancers and 41 percent of the ovarian tumors, the team reported Wednesday in the journal Science Translational Medicine.

This is very early-stage research, and women shouldn't expect any change in their routine Paps. It will take years of additional testing to prove if the so-called PapGene technique really could work as a screening tool, used to spot cancer in women who thought they were healthy.

"Now the hard work begins," said Hopkins oncologist Dr. Luis Diaz, whose team is collecting hundreds of additional Pap samples for more study and is exploring ways to enhance the detection of ovarian cancer.

But if it ultimately pans out, "the neat part about this is, the patient won't feel anything different," and the Pap wouldn't be performed differently, Diaz added. The extra work would come in a lab.

The gene-based technique marks a new approach toward cancer screening, and specialists are watching closely.

"This is very encouraging, and it shows great potential," said American Cancer Society genetics expert Michael Melner.

"We are a long way from being able to see any impact on our patients," cautioned Dr. Shannon Westin of the University of Texas MD Anderson Cancer Center. She reviewed the research in an accompanying editorial, and said the ovarian cancer detection would need improvement if the test is to work.

But she noted that ovarian cancer has poor survival rates because it's rarely caught early. "If this screening test could identify ovarian cancer at an early stage, there would be a profound impact on patient outcomes and mortality," Westin said.

More than 22,000 U.S. women are diagnosed with ovarian cancer each year, and more than 15,000 die. Symptoms such as pain and bloating seldom are obvious until the cancer is more advanced, and numerous attempts at screening tests have failed.

Endometrial cancer affects about 47,000 women a year, and kills about 8,000. There is no screening test for it either, but most women are diagnosed early because of postmenopausal bleeding.

The Hopkins research piggybacks on one of the most successful cancer screening tools, the Pap, and a newer technology used along with it. With a standard Pap, a little brush scrapes off cells from the cervix, which are stored in a vial to examine for signs of cervical cancer. Today, many women's Paps undergo an additional DNA-based test to see if they harbor the HPV virus, which can spur cervical cancer.

So the Hopkins team, funded largely by cancer advocacy groups, decided to look for DNA evidence of other gynecologic tumors. It developed a method to rapidly screen the Pap samples for those mutations using standard genetics equipment that Diaz said wouldn't add much to the cost of a Pap-plus-HPV test. He said the technique could detect both early-stage and more advanced tumors. Importantly, tests of Paps from 14 healthy women turned up no false alarms.

The endometrial cancers may have been easier to find because cells from those tumors don't have as far to travel as ovarian cancer cells, Diaz said. Researchers will study whether inserting the Pap brush deeper, testing during different times of the menstrual cycle, or other factors might improve detection of ovarian cancer.

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Mass. charge against Gene Shalit to be dismissed

GREAT BARRINGTON, Mass. (AP) — A misdemeanor driving charge against retired television movie critic Gene Shalit is set to be dismissed in Massachusetts.

The 86-year-old Shalit was cited in October after his vehicle struck a utility pole and came to rest against a house in Lenox, in western Massachusetts. Shalit, who lives in nearby Stockbridge, wasn't hurt. He told police he fell asleep.

The agreement between police and Shalit's lawyer was approved during a probable cause hearing Wednesday in Southern Berkshire District Court. The hearing was continued to April 2, when the driving to endanger charge will be dismissed.

Shalit's lawyer tells The Berkshire Eagle (http://bit.ly/VL5eMe ) his client won't drive until the next hearing, at which time his driving status will be re-assessed.

Shalit, known for his bushy hair and mustache, reviewed movies for NBC's "Today" show from 1973 until 2010.

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Information from: The Berkshire (Mass.) Eagle, http://www.berkshireeagle.com

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Mortgage lending rules to limit loan options

The Consumer Financial Protection Bureau is planning a Thursday morning announcement of new lending rules that it hopes will move the mortgage market toward a sustainable middle ground, somewhere in between the free-wheeling days of no-documentation loans and the current, restrictive environment.

For most borrowers, the rules will mean no more interest-only mortgages, no more loans where the principal due increases over time, no more loans that carry a balloon payment and no more loan terms of more than 30 years. In addition, would-be borrowers will be less likely to qualify for a mortgage unless their total debts account for no more than 43 percent of their monthly gross income.

These so-called qualified mortgages are expected to be embraced by lenders, because by following the criteria, they will have a better chance of shielding themselves from lawsuits from consumers whose loans go bad.

The provisions of the Ability-to-Repay rule, which follow closely the lines of protections called for in 2010's Dodd-Frank legislation, will take effect in January 2014. Richard Cordray, the bureau's director, is expected to detail the regulations at a public hearing Thursday in Baltimore.

A senior official of the consumer protection bureau, the agency charged with implementing the new mortgage requirements, said the lending standards are not much different than the guidelines currently in place. Still, while the rules might ease uncertainty among lenders who have worried about the scope of the regulations, it could cause additional anxiety for consumers trying to qualify for a home loan.

"It will add some certainty to the mortgage industry about what the rules of the road are going forward," said Guy Cecala, president and CEO of Inside Mortgage Finance, a trade publication. "But it basically says we want everybody to make plain-as-vanilla mortgages.

"The legitimate concern is that this will cement the tight mortgage underwriting standard that we currently have in place, and most people agree, from (Federal Reserve Chairman) Ben Bernanke to the person on the street, that they're too tight."

To not upend the housing market's recovery and assist consumers who can't meet the 43 percent debt-to-income threshold, the agency said it was establishing a second, temporary category of qualified mortgages that meet most of the new guidelines but also would qualify to be purchased, guaranteed or insured by Fannie Mae, Freddie Mac or various other federal agencies. The temporary provision would end as those agencies issue their own qualified mortgage guidelines or if Fannie and Freddie end their government conservatorship or in seven years.

The bureau wanted to give the mortgage market time to adjust to the new standards and ensure that well-qualified people could still buy homes, the agency official said.

For all types of mortgages, to help determine a borrower's ability to repay, lenders must look at eight factors. They include current income and assets, employment status, credit history, the mortgage's monthly payment, other loan payments associated with the property, monthly payments for such things as property taxes, other debt obligations and a borrower's monthly debt-to-income ratio.

Teaser interest rates no longer will be allowed to be used to judge a borrower's creditworthiness. For homebuyers who apply for adjustable-rate mortgages, the monthly payments no longer can be computed using just an introductory rate that might be artificially low. Instead, the monthly payment must be computed using whichever is higher, the fully indexed rate or the introductory rate.

In addition to the other rules defining a qualified mortgage, the bureau also mandated that a qualified loan cannot charge to the consumer points and fees that exceed 3 percent of the total loan amount.

The mortgage lending industry has worried for months about the rules and heavily lobbied for protection from lawsuits brought by borrowers.

Under the new rules, lenders who make qualified mortgages to well-qualified borrowers that carry a lesser chance of defaulting could be shielded from lawsuits from these prime borrowers who say the lender did not satisfy the ability-to-repay requirements. Riskier, subprime borrowers could challenge the lender's assessment of their ability to repay the loan but borrowers would have to prove that a lender didn't adequately factor in living expenses and other debts.

"They appear to favor lenders' interests above consumers," said Diane Thompson, of counsel at the National Consumer Law Center. "You have to prove what's in the creditor's records. It may be that no homeowners are able to challenge it. Otherwise, you're relying on regulatory oversight, and we saw how well that worked."

The rules, in various forms, have been in the works for years. Other agencies continue to formulate their own rules, and one still in development about what constitutes a qualified residential mortgage might increase a consumer's mortgage down payment in order to ensure that borrowers have more "skin in the game."

mepodmolik@tribune.com

Twitter @mepodmolik

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Poisoned lottery winner's wife has 'nothing to hide,' attorney says

The widow of a West Rogers Park man who died of cyanide poisoning weeks after winning a $1 million lottery jackpot was questioned extensively by Chicago police last month after the medical examiner's office reclassified the death as a homicide, her attorney told the Tribune on Tuesday.

Authorities investigating the death of Urooj Khan also executed a search warrant at the home he had shared with his wife, Shabana Ansari, according to Steven Kozicki, her attorney. Ansari later was interviewed by detectives for more than four hours, answering all their questions, the attorney said.

"She's got nothing to hide," Kozicki said.

The mystery surrounding Khan's death — first reported by the Tribune Monday — has sparked international media interest.

Cook County authorities said Tuesday that they plan to go to court in the next few days for approval to exhume Khan's remains at Rosehill Cemetery. In a telephone interview Tuesday, Medical Examiner Stephen J. Cina said he sent a sworn statement to prosecutors laying out why the body must be exhumed.

"I feel that a complete autopsy is needed for the sake of clarity and thoroughness," Cina said.

Sally Daly, a spokeswoman for the state's attorney's office, confirmed that papers seeking the exhumation would be filed soon in the Daley Center courthouse.

Khan, who owned a dry cleaning business on the city's North Side, died unexpectedly in July at 46, just weeks after winning a million-dollar lottery prize at a 7-Eleven store near his home. Finding no trauma to his body and no unusual substances in his blood, the medical examiner's office declared his death to be from natural causes and he was buried without an autopsy.

About a week later, a relative told authorities to take a closer look at Khan's death. By early December, comprehensive toxicology tests showed that Khan had died of a lethal amount of cyanide, leading the medical examiner's office to reclassify the death a homicide and prompting police and prosecutors to investigate.

While a motive has not been determined, police have not ruled out that Khan was killed because of his big lottery win, a law enforcement source has told the Tribune. He died before he could collect the winnings — about $425,000 after taxes and because he decided to take a lump-sum payment.

According to court records obtained by the Tribune, Khan's brother has squabbled with Ansari over the money in probate court. The brother, Imtiaz, raised concern that because Khan left no will, his 17-year-old daughter from a previous marriage would not get "her fair share" of her father's estate. Khan and Ansari did not have children.

Al-Haroon Husain, an attorney for Ansari in the probate case, said the money was all accounted for and the estate was in the process of being divided up by the court. Under Illinois law, the estate typically would be split evenly between the surviving spouse and Khan's only child, he said.

Kozicki, Ansari's criminal defense attorney, said his client adored her husband and had no financial interest in seeing harm come to him.

"Now in addition to grieving her husband, she's struggling to run the business that he essentially ran while he was alive," Kozicki said. "Once people analyze it, they (would) realize she's in a much worse financial position after his death than she was before."

Reached by phone Tuesday evening at the family dry cleaners, Ansari denied reports that she had fed her husband a traditional Indian meal of ground beef curry before he died. She said he wasn't feeling well after awakening in the middle of the night. She said he sat in a chair and soon collapsed. She then called 911.

Chicago police Superintendent Garry McCarthy, speaking Tuesday at an unrelated news conference, remarked that he had never seen a case like this in 32 years in law enforcement.

"So I'll never say that I've seen everything," he told reporters.

jmeisner@tribune.com

jgorner@tribune.com

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