Love, money and the online dating industry









At the heart of the new book "Love in the Time of Algorithms" is a philosophical question: does the billion-dollar dating industry, whose currency is the perpetual promise of new relationships, signal the death of commitment?

It is the question posed to Sam Yagan, chief executive of free dating website OkCupid, by the book's author, Dan Slater. "That's really a point about market liquidity," replies Yagan, a graduate of Harvard University and Stanford Business School, and a self-confessed "math guy" who says he knows nothing about dating.

Justin Parfitt, a British dating entrepreneur, answers the question more bluntly. The industry is thinking: Let's keep this customer coming back to the site as often as we can, he said, "and let's not worry about whether he's successful. There's this massive tension between what would actually work for you, the user, and what works for us, the shareholders. It's amazing, when you think about it. In what other industry is a happy customer bad for business?"








These responses represent the dissonance between the romantic ideal of love held by many customers and the approach of the entrepreneurial nerds who set up the match­making sites. The disparity is well drawn in this lively book by Slater, a former legal affairs reporter for the Wall Street Journal, who had racked up quite a few of his own cyber dates by age 31, following the demise of a long-term relationship.

A book on the dating industry would be soulless without tales of the customers — the cyber daters. Published by Current, "Love in the Time of Algorithms: What Technology Does to Meeting and Mating" is strewn with stories of blossoming romances, bed-hoppers and borderline sociopaths.

There is Carrie, a single mom in New York, who clicks the box for "full figured," saying that while she is bigger than Kim Kardashian, she is not as big as "big and beautiful." (In the search for love, these things matter.) After several false starts with men who find the "kid thing" a sticking point, Carrie meets her match in a Puerto Rican computer technician who's an atheist.

There is also Jacob in Oregon, who knows he can afford to take things slow with the pharmacist because he can always have sex with another online date. Or, as he likes to think of it: "There's always a pepperoni pizza in the trunk."

The writer delves into his own personal history — his parents met in the 1960s through a pioneering computer dating service. His father's comments, that "these days they're all over the Internet. I think they're mostly for desperate people, though," indicate the stigma that has dogged the industry.

Slater's account of the history of the cyber dating industry — from huge clunky old computers to modern complex computer algorithms — is well detailed. And he brings out the fierce rivalry between free and paid-for sites and the new possibilities for finding a date across the street using smartphones and innovative "freemium" sites.

The stated aim of this book is how online dating is "remaking the landscape of modern relationships," which is an ambitious goal for 240 pages. The sweep is huge: Nigerian scammers preying on the lonely; paunchy middle-aged men trafficking poor young South American and Russian women; math geeks competing for a share of the love market; and adult babies seeking matronly diaper-changers.

The author also brandishes so many ideas — a bit of behavioral economics here, a bit of biological determinism there — that it is hard to focus when so much is competing for the reader's attention. It is a dizzying attempt to demonstrate the author's mastery of the zeitgeist.

In the final chapter, Slater writes that he has tried to avoid "passing judgment on all the many behaviors, new and old, facilitated by the date-o-sphere". Yet this well-reported romp through the digital love marketplace would have benefited from a slightly more domineering author.

Emma Jacobs is a columnist for the Financial Times of London, in which this review first appeared.





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Doctor who admitted dealing drugs to get his license back









A West Hollywood psychiatrist who pleaded guilty to felony drug dealing after pills he prescribed turned up for sale on Craigslist will be able to get his medical license back in a year under an agreement announced Friday by the Medical Board of California.


The sanction, though harsh by board standards, allows Nathan Kuemmerle, 40, a former methamphetamine user, to treat patients again as soon as next February.


As a result of the criminal charges, Kuemmerle had lost his privilege to prescribe controlled substances and must apply to the U.S. Drug Enforcement Administration if he wants it restored. Kuemmerle agreed to undergo random drug testing, enroll in a physician ethics class and seek psychological counseling, among other conditions.





Kuemmerle was featured in a Dec. 30 Times report on the state's failure to use its vast prescription drug database to identify reckless prescribing by physicians.


In 2009, Kuemmerle was the state's most prolific prescriber of Adderall, a widely abused stimulant, records show. His prescribing drew scrutiny only after Redondo Beach narcotics detectives arrested a suspected drug dealer peddling Adderall pills on Craigslist. The suspect identified Kuemmerle as the source of the prescriptions.


Two months later, a second suspected drug dealer arrested in Arizona also pointed authorities to Kuemmerle. When drug agents checked the state's prescription drug database, known as CURES, they discovered that in 2009 Kuemmerle prescribed nearly four times as many of the highest-dose Adderall pills as the No. 2 doctor on the list, records show. Additionally, records show, he was the state's No. 2 prescriber of the most highly controlled narcotic painkillers.


Kuemmerle was arrested and pleaded guilty in 2011 to drug dealing and was sentenced to three years' probation.


Federal agents had alleged that Kuemmerle was selling prescriptions to people he had never seen, much less examined, records show. Kuemmerle wrote an average of 15 prescriptions per day for controlled substances over a four-year period, a figure a medical expert described as "remarkably high," records show.


Narcotics detectives said they were amazed that Kuemmerle was able to prescribe so many drugs undetected for so long, even though state authorities had access to a database that collected a record every time a pharmacy dispensed one.


Kuemmerle could not be reached for comment.


The types of drugs Kuemmerle prescribed are fueling an epidemic of overdose deaths that has drawn the attention of drug enforcement agencies, lawmakers and medical authorities. The response has largely focused on illicit sources of prescription drugs, such as pharmacy robberies and teens stealing from home medicine cabinets.


But a Times investigation of more than 3,700 prescription drug deaths in Southern California found that nearly half of the decedents had a doctor's prescription for one or more of the medications that caused or contributed to their deaths.


The U.S. Centers for Disease Control and Prevention has urged states to mine prescription drug monitoring databases to identify and stop reckless prescribers. At least six states do so. California does not.


lisa.girion@latimes.com





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BlackBerry doesn’t need to catch up with Android and iOS overnight, it needs to live to fight another day






The biggest criticism of BlackBerry’s (RIMM) revamped mobile operating system and smartphone line so far is that they don’t give iOS or Android users any compelling reasons to switch brands. And this is certainly true — BlackBerry 10, for all its virtues, doesn’t do anything significantly better than the top two mobile operating systems and seems designed mostly to please the faithful and not win new converts. At the same time, I think this sort of criticism is based on somewhat unrealistic expectations for what a revamped BlackBerry would be able to achieve in its first iteration. Put simply, making its own loyal fans happy might have been the best that BlackBerry could do in this particular product cycle.


[More from BGR: GS: Ignore the chatter, BlackBerry rebound is coming]






Before we go further with this line of thinking, we should remind ourselves of the truly dire state that BlackBerry CEO Thorsten Heins found the company in when he took it over just over a year ago.


[More from BGR: Here comes the PlayStation 4: Sony announces February 20th PlayStation event [video]]


Longtime customers were fleeing BlackBerry for iOS and Android after BlackBerry repeatedly shot itself in the foot by releasing devices that featured outdated hardware (the first-generation BlackBerry Torch) or that lacked some of the core capabilities that BlackBerry customers had come to expect (the BlackBerry PlayBook and its lack of native corporate email without a “bridge” connection). The company also got caught completely flat-footed by the rise of mobile apps as a vital component of the global smartphone ecosystem and typically wouldn’t get big-name apps on its platform for more than a year after they’d been out on iOS and Android, if at all.


Let’s also recall that when Heins announced last summer that BlackBerry 10 would be delayed until the first quarter of 2013, many of us wondered if the new operating system would ever be released or if the company would simply collapse under the weight of competitive pressures. That Heins has been able to not only get BlackBerry 10 launched but also get more than 100 carriers on board with the new platform is a pretty impressive feat. Add in that Heins has been able to score commitments from some important apps such as Skype, WhatsApp and Amazon Kindle, and you begin to appreciate just how far BlackBerry has come from almost going over the brink.


Of course, none of this is even close to being enough to make BlackBerry a force in the mobile industry anytime soon. But if ardent BlackBerry fans buy up the new BlackBerry 10 handsets and if the company maintains its corporate clients, it may be enough to let the company live to fight another day.


Benedict Evans, a strategy consultant for Enders Analysis, has done some back-of-the-envelope calculations and estimates BlackBerry could sell as many as 20 million BlackBerry 10 smartphones in 2013, although he admits this number could be overly optimistic by as much as 50%. But even if BlackBerry sells just 15 million BB10 phones this year, that could be enough to give the company some breathing room while it works to recruit more app developers and generally improve its new operating system’s functionality.


This is not to say that BlackBerry has an easy road from here — the odds are still very much against it. But just as Rome wasn’t built in a day, no one should have expected BlackBerry to return to its former glory overnight. As much as BlackBerry fans would love to see their favorite devices rise up and crush iOS and Android, that sort of comeback was never in the cards. The best BlackBerry can hope is that they’ve stopped the bleeding and can continue building from here.


This article was originally published on BGR.com


Gadgets News Headlines – Yahoo! News




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Washington wins 3 trophies at NAACP Image Awards


LOS ANGELES (AP) — Kerry Washington was a triple threat at the NAACP Image Awards.


The star of ABC's "Scandal" picked up a trio of trophies at the 44th annual ceremony: outstanding actress in a drama series for "Scandal," supporting actress in a motion picture for "Django Unchained" and the President's Award, which is given in recognition of special achievement and exceptional public service.


"This award does not belong to me," said Washington, who plays a slave separated from her husband in "Django Unchained," as she picked up her first trophy of the evening for her role in the film directed by Quentin Tarantino. "It belongs to our ancestors. We shot this film on a slave plantation, and they were with us along every step of the way."


Washington, who plays crisis management consultant Olivia Pope on "Scandal," serves on President Barack Obama's Committee on the Arts and the Humanities.


Don Cheedle was awarded the outstanding actor in a comedy series trophy for his role as a slick management consultant in Showtime's "House of Lies."


"This doesn't belong just to me, but I am taking it home tonight," joked Cheedle.


A few winners weren't present at the Shrine Auditorium to pick up their trophies, including Denzel Washington for outstanding actor in a motion picture for "Flight," Viola Davis for outstanding actress in a motion picture for "Won't Back Down" and Omar Epps for supporting actor in a drama series for Fox's "House."


"Red Tails," the drama about the Tuskegee Airmen, was honored as outstanding motion picture.


"Look! I beat Quentin Tarantino," beamed "Red Tails" executive producer George Lucas as he accepted the award.


LL Cool J, who was honored as outstanding actor in a drama series for CBS' "NCIS: Los Angeles," dedicated his trophy to fellow nominee Michael Clarke Duncan, "The Green Mile" and "The Finder" actor who died last year.


"I wish his family well," said LL. "Let's give it up for him."


Gladys Knight sang during the in memoriam segment, but the beginning of her performance wasn't heard on the live NBC broadcast because of a technical glitch.


Sidney Poitier presented Harry Belafonte with the Spingarn Award, which honors outstanding achievement by an African American. His honor was followed by a serenade from Wyclef Jean and Common.


Other winners at the ceremony hosted by talk show host Steve Harvey included Loretta Devine as supporting actress in a drama series for "Grey's Anatomy," Cassi Davis as outstanding actress in a comedy series and Lance Gross as outstanding supporting actor in a comedy series for TBS' "Tyler Perry's House of Payne."


The Image Awards are presented annually by the National Association for the Advancement of Colored People, and the group's members select the winners.


___


Online:


http://www.naacpimageawards.net


___


Follow AP Entertainment Writer Derrik J. Lang on Twitter at http://www.twitter.com/derrikjlang


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Ferrol Sams, Doctor Turned Novelist, Dies at 90


Ferrol Sams, a country doctor who started writing fiction in his late 50s and went on to win critical praise and a devoted readership for his humorous and perceptive novels and stories that drew on his medical practice and his rural Southern roots, died on Tuesday at his home in Lafayette, Ga. He was 90.


The cause, said his son Ferrol Sams III, also a doctor, was that he was “slap wore out.”


“He lived a full life,” his son said. “He didn’t leave anything in the tank.”


Dr. Sams grew up on a farm in the rural Piedmont area of Georgia, seven mud-road miles from the nearest town. He was a boy during the Depression; books meant escape and discovery. He read “Robinson Crusoe,” then Mark Twain and Charles Dickens. One of his English professors at Mercer University, in Macon, suggested he consider a career in writing, but he chose another route to examining the human condition: medical school.


When he was 58 — after he had served in World War II, started a medical practice with his wife, raised his four children and stopped devoting so much of his mornings to preparing lessons for Sunday school at the Methodist church — he began writing “Run With the Horsemen,” a novel based on his youth. It was published in 1982.


“In the beginning was the land,” the book begins. “Shortly thereafter was the father.”


In The New York Times Book Review, the novelist Robert Miner wrote, “Mr. Sams’s approach to his hero’s experiences is nicely signaled in these two opening sentences.”


He added: “I couldn’t help associating the gentility, good-humored common sense and pace of this novel with my image of a country doctor spinning yarns. The writing is elegant, reflective and amused. Mr. Sams is a storyteller sure of his audience, in no particular hurry, and gifted with perfect timing.”


Dr. Sams modeled the lead character in “Run With the Horsemen,” Porter Osborne Jr., on himself, and featured him in two more novels, “The Whisper of the River” and “When All the World Was Young,” which followed him into World War II.


Dr. Sams also wrote thinly disguised stories about his life as a physician. In “Epiphany,” he captures the friendship that develops between a literary-minded doctor frustrated by bureaucracy and a patient angry over past racism and injustice.


Ferrol Sams Jr. was born Sept. 26, 1922, in Woolsey, Ga. He received a bachelor’s degree from Mercer in 1942 and his medical degree from Emory University in 1949. In his addition to his namesake, survivors include his wife, Dr. Helen Fletcher Sams; his sons Jim and Fletcher; a daughter, Ellen Nichol; eight grandchildren; and nine great-grandchildren.


Some critics tired of what they called the “folksiness” in Dr. Sams’s books. But he did not write for the critics, he said. In an interview with the Georgia Writers Hall of Fame, Dr. Sams was asked what audience he wrote for. Himself, he said.


“If you lose your sense of awe, or if you lose your sense of the ridiculous, you’ve fallen into a terrible pit,” he added. “The only thing that’s worse is never to have had either.”


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Making his own waves









The gig: Steve Pezman and his wife, Debbee, quit key roles at Surfer magazine in 1992 to try to create a National Geographic for wave-riding grown-ups. As other surf pubs focus on big-bucks competitions and apparel ads, the Surfer's Journal still runs long stories and lavish photo spreads celebrating surf history, lore and lifestyle. Published six times annually, sold in surf shops for $15.95 a pop and to subscribers for $63 a year, the magazine runs just six ads in each 128-page edition. Total circulation: 30,000.


Personal: Pezman, 71, took to the waves in the 1950s when his family moved from Brentwood to Long Beach. He got his first surfboard in 1957, two years before the movie "Gidget" created a surf craze. Pezman rode big waves on Oahu's North Shore in 1962. He was a Huntington Beach board shaper in the late 1960s when he began writing magazine articles. Twin sons Shaun and Tyler, 25, are accomplished recreational surfers. Steve and Debbee are major supporters of a Costa Mesa soup kitchen that her mother opened 25 years ago; Someone Cares serves 300 meals a day to homeless and low-income people.


Giant break: "I fell into the publisher's chair at Surfer when the founder, John Severson, sold to a holding company and looked around for a replacement in 1970. It got down to me being convenient, and I made the best of it, with an already staffed 10-year-old surf magazine propping me up until I learned the ropes. The surfboard ad-based surf market had slumped during Vietnam when I stepped in. Then the lifestyle surf-clothing boom started growing right under me, so I was suddenly the golden boy to the new owners."





Inside info: Debbee, 58, Pezman's second wife, is "the systems designer, marketing, people person who really runs the business. I was and am more about the content and our unique relationship surfer-to-surfer with our readers." Their staff of 16, not all full time, includes son Shaun, who has a business degree from San Diego State and manages finances. Son Tyler "is a welder, ceramicist, painter, sculptor who currently works for a civilian defense contractor, working on hovercraft at Camp Pendleton, where he keeps an eye on the surf." Other key players include photo editor Jeff Divine, 61; editor Scott Hulet, 51; and designer Jeff Girard, 60. But a new wave of 20-somethings are "phasing in, as we older ones are phasing out."


It's a trip: At Surfer, Pezman interviewed psychedelic guru Timothy Leary, who saw humans "evolving to become purely aesthetic beings ... surfing across the universe on cosmic waves. Leary saw surfers as the throw-aheads of mankind, in that we already had figured out that the dance was the object of the game rather than gathering and guarding more acorns than we could eat."


On his 21,000 subscribers: "Our business is based on making it for $5 and selling it for $10, like the book business, but selling subscriptions instead of single copies. Magazines typically make it for $5, sell it for $3, and have ad revenue overcome the loss. Readers buy the Journal for an unusually high price in return for an unusually high level of content. The revenue we receive from our [advertising] sponsors is important but secondary, and if we had to, we could live without it. The sponsors are mostly big businesses that are run by surfers, and their support of the soul of surfing exhibits that their own soul is still alive."


On plans to eventually sell the magazine and retire: "These things are like living organisms and you keep feeding them and changing their diapers long after they've grown up. If properly parented, they can and should be able to thrive without Mommy and Daddy hovering over them."


scott.reckard@latimes.com





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Cardinal Mahony relieved of duties over handling of abuse









In a move unprecedented in the American Catholic Church, Los Angeles Archbishop Jose Gomez announced Thursday that he had relieved his predecessor, Cardinal Roger M. Mahony, of all public duties over his mishandling of clergy sex abuse of children decades ago.


Gomez also said that Auxiliary Bishop Thomas J. Curry, who worked with Mahony to conceal abusers from police in the 1980s, had resigned his post as a regional bishop in Santa Barbara.


The announcement came as the church posted on its website tens of thousands of pages of previously secret personnel files for 122 priests accused of molesting children.





"I find these files to be brutal and painful reading. The behavior described in these files is terribly sad and evil," Gomez wrote in a letter addressed to "My brothers and sisters in Christ."


The release of the records and the rebuke of the two central figures in L.A.'s molestation scandal signaled a clear desire by Gomez to define the sexual abuse crisis as a problem of a different era — and a different archbishop.


"I cannot undo the failings of the past that we find in these pages. Reading these files, reflecting on the wounds that were caused has been the saddest experience I've had since becoming your Archbishop in 2011," Gomez wrote.


The public censure of Mahony, whose quarter-century at the helm of America's largest archdiocese made him one of the most powerful men in the Catholic Church, was unparalleled, experts said.


"This is very unusual and shows really how seriously they're taking this. To tell a cardinal he can't do confirmations, can't do things in public, that's extraordinary," said the Rev. Thomas Reese, a Jesuit priest and Georgetown University fellow.


An archdiocese spokesman, Tod Tamberg, said that beyond canceling his confirmation schedule, Mahony's day-to-day life as a retired priest would be largely unchanged. He resides at a North Hollywood parish, and Tamberg said he would remain a "priest in good standing." He can continue to celebrate Mass and will be eligible to vote for pope until he turns 80 two years from now, Tamberg said.


The move further stained the legacy of Mahony, a tireless advocate for Latinos and undocumented immigrants whose reputation has been marred over the last decade by revelations about his treatment of sex abuse allegations.


Before Gomez's announcement, Mahony had weathered three grand jury investigations and numerous calls for his resignation. He stayed in office until the Vatican's mandatory retirement age of 75. No criminal charges have been filed against Mahony or anyone in the church hierarchy.


Terrence McKiernan, president of bishopaccountability.org, said that in a religious institution that values saving face and protecting its own, Gomez's decision to publicly criticize an elder statesman of the church and his top aide was striking.


"Even when Cardinal [Bernard] Law was removed in Boston, which was arguably for the same offenses, this kind of gesture was not made," he said.


Law left office in 2002 amid mounting outrage over his transfer of pedophile priests from parish to parish, but the church presented his departure as of his own accord and he was later given a highly coveted Vatican job in Rome.


Bishop Thomas J. O'Brien of Phoenix relinquished some of his authority in a deal with prosecutors to avoid criminal charges for his handling of abuse cases, but he kept his title and many of his duties. A Kansas City bishop convicted last year of failing to report child abuse retained his position.


The Rev. Thomas Doyle, a canon lawyer and Dominican priest who has testified across the nation as an expert witness in clergy sex abuse cases, said the Vatican would have "absolutely" been consulted on a decision of this magnitude.


"This is momentous, there is no question," he said. "For something like this to happen to a cardinal.... The way they treat cardinals is as if they're one step below God."


Gomez's decision capped a two-week period in which the publication of 25-year-old files fueled a new round of condemnation of the L.A. archdiocese. The files of 14 clerics accused of abuse became public in a court case last Monday. They laid out in Mahony and Curry's own words how the church hierarchy had plotted to keep law enforcement from learning that children had been molested at the hands of priests.


To stave off investigations, Mahony and Curry gave priests they knew had abused children out-of-state assignments and kept them from seeing therapists who might alert authorities.


Mahony and Curry both issued apologies, with the cardinal saying he had not realized the extent of harm done to children until he met with victims during civil litigation. "I am sorry," he said.





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CES gadget show host drops CNET as awards picker






LOS ANGELES (AP) — The industry group that hosts the annual gadget show known as International CES is dropping reviews website CNET as the picker of its “Best of CES” awards. It says CNET reviewers’ objectivity was compromised by the site’s corporate parent, CBS Corp.


The Consumer Electronics Association also elevated the CNET writers’ initial pick for the best gadget of the show, Dish Network Corp.‘s Hopper with Sling, to co-winner along with a gaming tablet called Razer Edge.






CBS had annulled an earlier vote by CNET staff to award the Hopper because it is in a legal dispute with Dish over the product. The Hopper allows users to automatically skip commercials from prime-time TV shows, undercutting a key source of revenue for CBS, advertising.


After CBS removed the Hopper from contention, CNET staff re-voted and chose Razer Edge as the winner.


The association says it is looking for a new partner for its awards.


The association’s president, Gary Shapiro, blasted CBS in an opinion article in the USA Today newspaper on Wednesday, saying its interference damaged its own editorial integrity. CBS also owns TV shows such as “60 Minutes,” ”CBS Evening News” and “Face the Nation.”


“It not only tainted the CES awards, but it hurt one of the world’s classiest media companies,” Shapiro wrote.


The association, which has hosted the gadget show since 1967, had contracted with CNET to pick the awards since the 2007 show. It normally chooses not to get involved, partly because of its relationship with its many exhibitors.


Mark Larkin, the general manager of CNET, said in a statement the website is “committed to delivering in-depth coverage of consumer electronics” and will continue to cover the show, as it has for more than a decade.


Dish appeared to bask in the controversy, which drew more attention to its device.


“We appreciate the International CES’ decision to stand with the consumer in the acknowledgement of this award,” said Dish CEO Joseph Clayton in a statement. “I regret that the award has come in the face of CBS’ undermining of CNET’s editorial independence.”


Gadgets News Headlines – Yahoo! News





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Appeals judges: Anti-paparazzi law appears legal


LOS ANGELES (AP) — An appeals panel says California's anti-paparazzi statute appears to be constitutional based on a brief filed by prosecutors.


A preliminary statement by three judges in Los Angeles requires a judge who dismissed charges aimed at a paparazzo who authorities say was driving recklessly to review his order. The judge may stick to his ruling, which would trigger a full appeal, or he could schedule further arguments on the case against freelance photographer Paul Raef.


Raef was the first person charged under the new law after a high-speed chase involving Justin Bieber last year.


Superior Court Judge Thomas Rubinson dismissed two charges in November, ruling the law is too broad and is unconstitutional.


Raef's attorney David S. Kestenbaum says he is asking Rubinson to stand by his ruling and allow a full appeal.


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During Trial, New Details Emerge on DuPuy Hip





When Johnson & Johnson announced the appointment in 2011 of an executive to head the troubled orthopedics division whose badly flawed artificial hip had been recalled, the company billed the move as a fresh start.




But that same executive, it turns out, had supervised the implant’s introduction in the United States and had been told by a top company consultant three years before the device was recalled that it was faulty.


In addition, the executive also held a senior marketing position at a time when Johnson & Johnson decided not to tell officials outside the United States that American regulators had refused to allow sale of a version of the artificial hip in this country.


The details about the involvement of the executive, Andrew Ekdahl, with the all-metal hip implant emerged Wednesday in Los Angeles Superior Court during the trial of a patient lawsuit against the DePuy Orthopaedics division of Johnson & Johnson. More than 10,000 lawsuits have been filed against DePuy in connection with the device — the Articular Surface Replacement, or A.S.R. — and the Los Angeles case is the first to go to trial.


The information about the depth of Mr. Ekdahl’s involvement with the implant may raise questions about DePuy’s ability to put the A.S.R. episode behind it.


Asked in an e-mail why the company had promoted Mr. Ekdahl, a DePuy spokeswoman, Lorie Gawreluk, said the company “seeks the most accomplished and competent people for the job.”


On Wednesday, portions of Mr. Ekdahl’s videotaped testimony were shown to jurors in the Los Angeles case. Other top DePuy marketing executives who played roles in the A.S.R. development are expected to testify in coming days. Mr. Ekdahl, when pressed in the taped questioning on whether DePuy had recalled the A.S.R. because it was unsafe, repeatedly responded that the company had recalled it “because it did not meet the clinical standards we wanted in the marketplace.”


Before the device’s recall in mid-2010, Mr. Ekdahl and those executives all publicly asserted that the device was performing extremely well. But internal documents that have become public as a result of litigation conflict with such statements.


In late 2008, for example, a surgeon who served as one of DePuy’s top consultants told Mr. Ekdahl and two other DePuy marketing officials that he was concerned about the cup component of the A.S.R. and believed it should be “redesigned.” At the time, DePuy was aggressively promoting the device in the United States as a breakthrough and it was being implanted into thousands of patients.


“My thoughts would be that DePuy should at least de-emphasize the A.S.R. cup while the clinical results are studied,” that consultant, Dr. William Griffin, wrote.


A spokesman for Dr. Griffin said he was not available for comment.


The A.S.R., whose cup and ball components were both made of metal, was first sold by DePuy in 2003 outside the United States for use in an alternative hip replacement procedure called resurfacing. Two years later, DePuy started selling another version of the A.S.R. for use here in standard hip replacement that used the same cup component as the resurfacing device. Only the standard A.S.R. was sold in the United States; both versions were sold outside the country.


Before the device recall in mid-2010, about 93,000 patients worldwide received an A.S.R., about a third of them in this country. Internal DePuy projections estimate that it will fail in 40 percent of those patients within five years; a rate eight times higher than for many other hip devices.


Mr. Ekdahl testified via tape Wednesday that he had been placed in charge of the 2005 introduction of the standard version of the A.S.R. in this country. Within three years, he and other DePuy executives were receiving reports that the device was failing prematurely at higher than expected rates, apparently because of problems related to the cup’s design, documents disclosed during the trial indicate.


Along with other DePuy executives, he also participated in a meeting that resulted in a proposal to redesign the A.S.R. cup. But that plan was dropped, apparently because sales of the implant had not justified the expense, DePuy documents indicate.


In the face of growing complaints from surgeons about the A.S.R., DePuy officials maintained that the problems were related to how surgeons were implanting the cup, not from any design flaw. But in early 2009, a DePuy executive wrote to Mr. Ekdahl and other marketing officials that the early failures of the A.S.R. resurfacing device and the A.S.R. traditional implant, known as the XL, were most likely design-related.


“The issue seen with A.S.R. and XL today, over five years post-launch, are most likely linked to the inherent design of the product and that is something we should recognize,” that executive, Raphael Pascaud wrote in March 2009.


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


DePuy never disclosed the F.D.A. ruling to regulators in other countries where it was still marketing the resurfacing version of the implant.


During a part of that period, Mr. Ekdahl was overseeing sales in Europe and other regions for DePuy. When The Times article appeared last year, he issued a statement, saying that any implication that the F.D.A. had determined there were safety issues with the A.S.R. was “simply untrue.” “This was purely a business decision,” Mr. Ekdahl stated at that time.


This article has been revised to reflect the following correction:

Correction: February 1, 2013

A headline on Thursday about a patient lawsuit against DePuy Orthopaedics, a unit of Johnson & Johnson, misstated the start of the trial in some copies. It began last week, not on Wednesday.



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