Lavish living in Lexington

With the price recently reduced by $100,000 to $1,999,000, activity is picking up for a farmhouse-inspired colonial in Lexington's sought-after Fiske Elementary School district.

The new 5,750-square-foot, 13-room home boasts five to six bedrooms, five and a half bathrooms, a kitchen equipped with professional-grade Thermador appliances, a "smart home" technology system, two gas fireplaces and a mahogany wraparound porch and deck. It sits on a three-quarter-acre lot with new and mature plantings on a quiet, dead-end road that leads to Lexington conservation land.

"It's an area where you can build a larger home because of the lot size," said Realtor Kristin Brown, of Coldwell Banker in Lexington. "There's a high rate of turnover in terms of new construction in this neighborhood."

The sun-filled home features red oak floors throughout. The herringbone-patterned foyer leads to a formal living room with chair rails, applied molding and a coffered ceiling, and a dining room with the same molding and a tray ceiling. Walnut floor inlays decorate both rooms.

The 22-by-17-foot kitchen's Thermador appliances include a 48-inch gas range with a pot-filler water spigot and a glass mosaic backsplash above it. The counters and large island are topped with quartzite.

The kitchen opens into a mudroom with a pantry and half-bath on one side, and a breakfast area and family room with a gas fireplace and wet bar on the other.

The first floor also includes a room with a separate entrance and a small full bath — perfect for an office, or for a bedroom for a multigenerational family who has a loved one who can't climb stairs.

"We tried to make it appealing to everyone," Brown said.

A "good morning" staircase from the kitchen meets the front-entrance stairs on a landing to the second floor, which includes a sitting area with shelving.

The massive master suite is the home's largest room at 1,000 square feet. With French doors and walnut floor inlays, it sports a gas fireplace and dual walk-in closets. A linen closet is located next to the Carrara marble and beadboard bathroom with his-and-her vanities, a freestanding soaker tub and separate shower with a rain shower head and body jets.

The second floor also includes two bedrooms with an adjoining bath with two sinks, and a fourth bedroom with another bath.

Another bedroom and bath occupy the third floor of the home, along with a playroom with two skylights and a room that could function as a media room.

The "smart home" technology allows the heating, central air conditioning, speaker system, lighting and alarm to be controlled from a smartphone.

"If you're traveling and it's 95 degrees out, you can turn on the air conditioning from your phone," Brown said.

The home also is equipped with a three-car garage, backyard paver patio and vacuum and lawn irrigation systems. The basement is unfinished.

Broker: Kristin Brown of Coldwell Banker, Lexington, 781-389-0893.

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Beetle convertible is fun to drive

High 80s, roof down and AC on max.

Ahh — automobiling bliss.

The 2013 VW Beetle convertible, with its powerful 2.0 L Turbo engine, continues a decades-long tradition by being one fun summer ride. We had the loaded $32,395 top of the line '60's edition that adds comfortable two-tone leather seats and denim blue paint.

The proven turbo cranks out 200 horsepower and really gets this Bug moving. With no lag on acceleration and instant response without getting bogged down by turbo lag, the Beetle demands its place on the road. VW employs a dual clutch automatic trans­mission that makes shifting seamless and smooth. The DSG technology picks the ideal shift points for the car, maximizing performance and good mileage. I averaged about 26 mpg in spirited driving, splitting the 21 city and 30 high­way ­estimates.

The car rides solidly and transmits some road bumps, more than its shared chassis-mate the Golf because of the larger antiroll bars on the suspension. The firmer ride doesn't diminish the fun factor at all, and thanks to the aggressive exterior remodel a couple of years ago, the car remains a head-turner.

Steering on the Beetle is sharp and precise. I liked how connected to the road you feel through the response — very European!

I also love how VW pays homage to its iconic predecessors by keeping the retro interior metal dash and small glove box (a larger one is under the dash) and easy-to-read gauges. Generous with tech features, the navigation and Fender stereo are well done and easy to use. Even the Bluetooth phone operated well in open air. Because it's a convertible you do pick up road noise with the top up, but the interior noise is relatively muted compared to other models I've driven recently.

One drawback with the top up is the limited vision out the small rear window.

I ran across a vintage 1960s Beetle convertible during my test and the difference in the vehicles was stunning. A wider, longer, front-mounted and more powerful engine, far more aggressive body styling and a roomier interior all demonstrate how far the VW convertible has evolved since its introduction in 1949. The oldster looks downright petite parked next to our test model. What they do share is a relative lack of storage space, but the rear seat roominess is a good trade-off.

There are eight price points for the convertible, starting at $24,995 and maxing out with our model. There are a few other convertibles in this price range to compare against: the Fiat 500, Chrysler 200, VW EOS and the Mini Cooper. I think the Beetle offers the driver a high degree of spirit and fun driving.

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Obama: Time to turn the page on housing woes

WASHINGTON — President Barack Obama says the housing market is healing, but it's time to turn the page on the "bubble-and-bust mentality" that led to the market's collapse.

In his weekly radio and Internet address, Obama calls on Congress to let all Americans refinance at current low rates. He wants more help for first-time homebuyers and expanded affordable rental housing. He's proposing to phase out mortgage giants Fannie Mae and Freddie Mac so private capital can play a bigger role in mortgages.

At the same time, Obama says the U.S. must preserve access to popular 30-year mortgages.

In the Republican address, Sen. Tim Scott of South Carolina says Obama's energy policies have failed. He says Republicans want government to get out of the way, including by approving the Keystone XL pipeline.

___

Online:

Obama address: www.whitehouse.gov

GOP address: www.youtube.com/gopweeklyaddress

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Woods Hole farm focuses on fiery peppers

FALMOUTH, Mass. — Just their menacing names alone may be enough to get some folks all hot and bothered: the devil's tongue, the ghost pepper and the Trinidad Moruga scorpion.

Try taking a raw bite into one of these bad boys and that would lead to some serious tastebud trauma. Especially the Trinidad Moruga scorpion, which is the world's hottest chili pepper and one of Rooster Fricke's favorite crops.

"If you ate one of these — whether it is fresh or dried — you would be in extreme discomfort and you'll wish you hadn't done it for a long time," he said.

Fricke owns and tends what is likely the Cape's spiciest farm.

More than 20 varieties of some of the most sweat-generating, tear-inducing chili peppers on the planet (and the not as hot ones, too) are grown here at Nobska Farms in Woods Hole.

The Moruga scorpion sets mouths on fire and has registered 2 million units on the Scoville scale, which measures the hotness of peppers. For comparison, the more palatable yet still spicy and popular jalapeno tops about 6,000 Scoville units, Fricke said.

Though most people can't consume these super hots without steam coming out of their ears, the peppers produce all kinds of different flavors that many spicy foodies adore. "These Trinidad Moruga scorpions are actually very fruity flavored. Others in the patch have a more citrusy flavor, and some have a more smoky flavor,"

Fricke infuses his peppers into all kinds of products for sale at the farm, from jams and literally hot chocolates to his signature sauce called "Rooster's Rocket Fuel." Restaurants and chefs seeking specialty chiles they can't get at the typical grocery store are some of the farm's main customers.

And the wicked hot wares from Nobska Farms have been helping set the bar scene on fire this year in the hip Brooklyn, N.Y., neighborhood of Williamsburg. There, Chaim Dauermann, the beverage director for the restaurant Desnuda Cevicheria, has created two high-end cocktails using Nobska Farms peppers.

He combined Rooster's Moruga scorpion and pasilla chiles into a syrup and mixed it with other spirits and ingredients to come up with "The Reformer" ($14), a cocktail he said has the heat of a spicy salsa.

"Rooster's peppers are enabling me to do things a lot of others aren't able to do," Dauermann said in a phone interview. "It's definitely a trend right now. People want spicy drinks. I'm seeing a lot of places incorporating chiles into their drinks more creatively than they had years ago."

So what makes folks want to take the potentially painful plunge into pepper-based food and drink? Fricke said some are addicted to the buzz.

"The active ingredient capsaicin stimulates your brain to think that you're actually physically burned, but you're not," Fricke said. "It dumps endorphins into your body to help your body deal with that burn and that endorphin causes a rush; it gives you somewhat of a high."

Fricke's near-future farming plans include implementing sustainable agriculture practices like aquaponics for his chili pepper and other gardening operations. He's always thinking about new ways to introduce his super-hot peppers to a broader audience.

"I like the challenge of how to make it accessible to people who like the flavor but only enjoy a little heat," Fricke said.

-JASON KOLNOS,Cape Cod Times

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Markets drift despite more positive China news

LONDON — Another round of largely better than expected Chinese economic data failed to lift the lackluster mood in financial markets on Friday amid the traditional summer lull in trading activity.

Figures showed inflation in July steady at an annual rate of 2.7 percent. That was below market expectations for a modest increase to 2.8 percent. Meanwhile, industrial production rose 9.7 percent in the year to June, ahead of expectations for a 9 percent increase. The only modest disappointment was the news that retail sales grew 13.2 percent in July from a year earlier, slightly slower than June's growth rate.

Overall, analysts said the figures added weight to the argument that the recent soft patch in the world's second-largest economy may have come to an end. However, market reaction was fairly muted, as stocks had rallied already on Thursday after strong Chinese trade numbers.

"While we didn't get the reaction to the data that we saw yesterday, following the trade balance figure, I'd say the data out of China over night was actually quite positive," said Craig Erlam, market analyst at Alpari.

In Europe, the FTSE 100 index of leading British shares was up 0.2 percent at 6,544 while Germany's DAX fell 0.2 percent to 8,303. The CAC-40 in France was 0.1 percent lower at 4,059.

Wall Street was poised for a subdued opening, with both Dow futures and the broader S&P 500 futures 0.4 percent lower.

With the scheduled economic news on the light side, analysts think U.S. markets may drift in the run-up to the weekend. Trading levels in the U.S. in particular often dry up in the latter part of August and only pick up again once traders return to their desk following the Labor Day holiday in early September.

"Bereft of economic news, U.S. markets may struggle," said Chris Beauchamp, market analyst at IG.

Currency markets were fairly subdued, too, with the euro 0.1 percent higher at $1.3376 and the dollar down 0.1 percent at 96.47 yen.

Earlier in Asia, Japan's Nikkei 225 index ended 0.1 percent higher at 13,615.19 while South Korea's Kospi closed 0.2 percent lower at 1,880.71.

The mood in China was a bit more positive after the figures. The Shanghai Composite Index gained 0.4 percent to 2,052.24 and the Shenzhen Composite Index for China's second, smaller stock market gained 0.2 percent to 996.42. Hong Kong's Hang Seng gained 0.7 percent to 21,807.56.

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South End renovation a Royal jewel

Considering the overall need for more housing in the city of Boston, it's no surprise that the new "Royal" building under development in the city's South End neighborhood at 407-409 Shawmut Ave. is already at 50 percent under agreement in just the first six weeks of going to market.

The Royal project is composed of two adjacent buildings — an 1892 insurance company building and a mid-1800s brownstone — combined into a single structure. The new development will have 12 units in total, most with two or 
three bedrooms.

Nine of the units have floor-through layouts with 1,600 to 2,500 square feet of living­ space. There are also two garden duplex units, each with 1,600 square feet, and one one-bedroom condo with about 900 square feet.

All of the units will have beautiful high ceilings throughout. One of the structures is a corner building, and the units located there will include 18 windows and 10-foot-high ceilings.

Bringing the buildings back to their original detail will be the architectural firm of Finegold Alexander & Associates, which is known for its historical renovations. In addition, the interiors will be designed by Terrat/Elms Interior Design.

Expect to see finish work that is very high-end. Master bathrooms will be all white with marble and glass tile, free-standing tubs and large showers. The guest bathrooms will be grey and silver in glass and ceramic tile with "dropped-in" tubs. The kitchens will have a combination of flat-front espresso-stained cabinetry along with Shaker-style light taupe painted cabinets. The appliance package includes Thermador wall-mounted ovens and integrated refrigerators and dishwashers. In addition to hardwood flooring throughout, all units will have high-velocity cooling and heating systems as well as tankless hot-water heaters.

Scheduled to be completed in the summer of 2014, the remaining six available units range in price from $1.2 million to $1.9 million with the exception of the one-bedroom space at $575,000.

As this development is still months away from viewing, all showings are scheduled 
through the Coldwell Banker office located at 137 Newbury Street, where finish boards and floor plans may be reviewed.

The project is being offered exclusively by Ricardo Rodriguez and Brian Kelley of Coldwell Banker Residential Brokerage. For more information or to schedule an appointment, 
Mr. Rodriguez may be reached at Ricardo.Rodriguez@NEMoves.com

Charlie Abrahams is a licensed real estate agent in Boston who works with buyers and sellers and can be reached for any additional information at Bostonreal­estate@charlie­ abrahams.com.

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Tumblr founder to get $81M to remain at Yahoo

SAN FRANCISCO — Yahoo's recently completed acquisition of Internet blogging service Tumblr includes an $81 million payment to Tumblr founder David Karp as long as he remains on the job for the next four years.

The retention payment disclosed in a regulatory filing Thursday is part of the windfall that Karp and Tumblr investors realized by agreeing to sell the service for $1.1 billion in May.

Karp turned 27 last month. He started Tumblr in 2007, a few years after he dropped out of high school in New York to concentrate on computer programming.

Yahoo Inc. CEO Marissa Mayer has pledged not to make any dramatic changes at Tumblr in hopes that the acquisition won't alienate the blogging service's existing users, which includes a substantial number of teenagers and young adults.

As part of her promise "to not screw it up," Mayer is allowing Karp to run Tumblr independently in New York. Yahoo is based in Sunnyvale, Calif.

Karp is believed to own a 20 to 25 percent stake in Tumblr, which means he probably has already received a windfall, which hasn't been disclosed, from the sale to Yahoo. But he must stay at Tumblr until June 2017 under the provision disclosed Thursday to get the $81 million retention payment.

The payment will consist of $41 million in stock and $40 million in cash, according to Yahoo's filing. Another $29 million in stock options and restricted stock is being doled out to other unnamed Tumblr employees over four years.

The documents also disclosed that Yahoo paid a total of $44 million to buy six other companies during the three months ending in June. All told, Yahoo paid about $1.15 billion to buy 10 companies, including Tumblr, during the first half of the year.

Yahoo has bought several other startups since the end of June. The prices for those deals are likely to be disclosed in another regulatory filing in October and November.

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Obama to sign student loan deal

WASHINGTON — Students heading back to college this fall will save thousands in interest charges on their loans after they graduate once President Barack Obama signs into law a rare bipartisan compromise.

The president was scheduled to sign the deal Friday at the White House, ending a frenzied summer of negotiations to restore lower interest rates before millions of college students moved back into the dorms. About 11 million students this year are expected to have lower interest rates, saving the average undergraduate $1,500 on interest charges on this year's loans.

The legislation links student loan interest rates to the financial markets. It offers lower rates this fall because the government can borrow money cheaply at this time. If the economy improves in the coming years as expected, it will become more costly for the government to borrow money and that cost would be passed on to students.

Rates on new subsidized Stafford loans doubled to 6.8 percent July 1 because Congress could not agree on a way to keep them at the previous 3.4 percent rate. Without congressional and presidential action, rates would have stayed at 6.8 percent — a reality most lawmakers called unacceptable.

The compromise that came together is a good deal for all students through the 2015 academic year. After that, interest rates are expected to climb above where they were when students left campus in the spring, if congressional estimates prove correct for 10-year Treasury notes.

Undergraduates this fall would borrow at a 3.9 percent interest rate for subsidized and unsubsidized loans. Graduate students would have access to loans at 5.4 percent, and parents would borrow at 6.4 percent. The rates would be locked in for that year's loan, but each year's loan could be more expensive than the last.

Interest rates would not top 8.25 percent for undergraduates. Graduate students would not pay rates higher than 9.5 percent, and parents' rates would top out at 10.5 percent. Using Congressional Budget Office estimates, rates would not reach those limits in the next 10 years.

Even as they passed the bill, officials were already talking about a broader approach to curbing fast-climbing costs and perhaps scrap the deal when they take up a rewrite of the Higher Education Act this fall. As a condition of his support, Sen. Tom Harkin, D-Iowa, chairman of the Senate Health, Education, Labor and Pensions Committee, won a Government Accountability Office report on the costs of colleges. That document was expected to come in December.

"Even with this important bill signed into law, much work remains to ensure college stays within reach for middle-class families and those striving to get into the middle class," White House spokesman Jay Carney said Thursday.

But for now, interest payments for tuition, housing and books would be less expensive.

In all, some 18 million loans will be covered by the legislation, totaling about $106 billion this fall.

The Congressional Budget Office estimated the bill would reduce the deficit by $715 million over the next decade. During that same time, federal loans would be a $1.4 trillion program.

___

Follow Philip Elliott on Twitter: http://www.twitter.com/philip_elliott

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Judge’s ruling may mean lower utility bills

Major electric companies may be forced to slash their rates by millions after a judge ruled the utility companies' rates too high, Attorney General Martha Coakley's office said yesterday.

The decision, handed down by an administrative law judge, could cut the rates Massachusetts bill-payers face by at least $50 million annually, with savings increasing to more than $70 million by 2017.

The decision would reduce the "return on equity" that utilities in New England — including Nstar and National Grid — can claim from ratepayers from 11.14 percent to 9.7 percent. ROE caps the percentage of profits utility companies can make, and allows rates to be adjusted to hit that target.

"This groundbreaking decision is a significant step toward bringing millions of dollars in relief to New England ratepayers who have been overcharged for years," Coakley said in a statement. In the original complaint, Coakley's office, along with utility regulators throughout New England, said the current ROE was unjust and unreasonable considering the current economic climate.

"National Grid continues to believe the existing ROE is just and reasonable," spokesman Fred Kuebler said. "By lowering ROE significantly, it could have an effect on how we invest in the infrastructure." He added National Grid will remain committed to providing the best service possible, regardless of the ultimate decision.

The decision would also retroactively lower that rate to 10.6 percent from October 2011 to December 31, 2012, although how this will be handled has not been determined.

The decision requires Federal Energy Regulatory Commission approval before it can take effect.

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Health insurer clarifies compounded drug policy

Harvard Pilgrim Healthcare is trying to clarify its controversial policy to no longer cover compounded drugs in response to multiple pending lawsuits and conversations with state regulators, the insurance company said.

In a series of letters sent out yesterday to policyholders, employers and prescribers, Harvard Pilgrim is affirming that medically necessary compounded medications will be covered, a spokesperson said.

"Harvard's position has always been that it would cover medically necessary compounded drugs," Joan Fallon said. "We're making decisions based on medical necessity rather than excluding benefits."

"The revised letter comes out pretty plainly and clearly," said Bill Graham, Harvard Pilgrim's senior vice president for policy and government affairs. "We're not changing our policy."

Still, the change seems exactly what at least one of the lawsuits is asking for. "It appears that Harvard Pilgrim is changing course consistent with what we're seeking in the lawsuit," said Patrick Sheehan, one of the lawyers seeking a change on behalf of patients.

The original letter stated that "compounded drugs will no longer be covered under your prescription drug benefit." The last paragraph of the letter said doctors may request exemptions if there are no other available treatment options.

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Race against casino clock

The clock's ticking on Suffolk Downs — once seen as having a lock on the Eastern Massachusetts casino license — as rival bids from Wynn Resorts and Foxwoods gain steam and City Hall cranks up the heat on the East Boston track to sign its proposed mitigation agreement.

"They can't wait much longer," said the Rev. Richard McGowan of Boston College.

"They really need to sign something so they can have the election, wherever it's going to be," he added, referring to the dispute over whether to hold a host community vote citywide or just in Eastie.

If Suffolk reaches an agreement with city officials, they have between 60 and 90 days to hold an election, but resort casino applications are due to the Massachusetts Gaming Commission by Dec. 31. Wynn Resorts already cruised to a referendum victory in Everett last month and Milford selectmen voted earlier this week to begin negotiations for an agreement with Foxwoods.

The Herald reported yesterday the city was turning up the pressure on Suffolk to ink a casino deal.

"We continue to have productive conversations with city officials and look forward to continuing our work with the mayor and his team," said John Payne, a Caesars executive who's overseeing the Suffolk project for the company.

"This is not about putting pressure or leverage," said Dot Joyce, spokeswoman for Mayor Thomas M. Menino. "This is about making sure the city has a contract and mitigation package that is right for Boston. We will do that with any proponent that's seeking to develop a casino in and around our city."

Casino critic and mayoral candidate Bill Walczak yesterday proposed East Boston as the next innovation district and told the Herald a casino there would be as devastating to growth as a prior proposal for a football stadium would have been to the Seaport District.

"People need to know what they're giving up by voting in a casino," he said.

Meanwhile, a spokesman for Plainridge Racecourse, disqualified from bidding for the state's sole slots parlor license this week, told the Herald "all options and alternatives are being explored" for the future of the racetrack, including leasing or selling the property to another applicant. Gaming Commission spokeswoman Elaine Driscoll said the commission would have to approve any arrangement between Plainridge and a slots applicant.

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Six of 12 small cars do well in front crash tests

DETROIT — Six of 12 small cars performed well in front-end crash tests conducted by an insurance industry group, but some popular models fared poorly in the safety evaluations.

Only the two-door and four-door Honda Civic models earned the top rating of "good" in the tests done by the Insurance Institute for Highway Safety. The Dodge Dart, Ford Focus, Hyundai Elantra and the 2014 Scion tC got "acceptable" ratings.

But popular models such as the Chevrolet Cruze and Sonic and the Volkswagen Beetle got "marginal" ratings, while the Nissan Sentra and the Kia Soul and 2014 Kia Forte each were rated "poor."

The group didn't test the Toyota Corolla because a new version is coming out in the fall. The Corolla is the No. 2 selling small car in America, behind the Civic.

The IIHS ratings are influential because many auto shoppers find them while researching vehicles on the Internet.

The market for small cars is one of fastest-growing in the U.S. Automakers have made the cars quieter and more refined as people who want good gas mileage turn to compacts and subcompacts. So far this year, Americans have bought more than 1.8 million new small cars, up 12 percent over a year ago, according to Autodata Corp.

The cars were rated for their performance in the insurance institute's "small overlap" test of crashes that cover only 25 percent of a vehicle's front end. These tests, added to the IIHS's evaluations last year, are forcing automakers to bolster the front-end structure of all cars in order to avoid bad publicity from a poor performance.

The IIHS tests are more stringent than the U.S. government's full-width front crash test. The institute says that in many vehicles, a crash affecting one-quarter of the front end misses the main structures designed to absorb the impact. Yet such crashes account for nearly a quarter of the frontal collisions that cause serious or fatal injuries to people in the front seats, IIHS says.

The two Civic models and the Dart, Focus, Elantra and Scion tC each earned the IIHS' coveted "Top Safety Pick Plus" award for performing well in multiple tests, including the small offset crash. So far, 25 vehicles of all sizes have earned the award.

IIHS said that as a group, small cars performed worse than midsize cars, but better than small SUVs. Results for mini-cars will be released later in the year, the group said.

"Manufacturers need to focus on the whole package," David Zuby, the Institute's chief research officer, said in a statement. "That means a strong occupant compartment that resists the kinds of intrusion we see in a frontal crash like this, safety belts that prevent a driver from pitching too far forward and side curtain air bags to cushion a head at risk of hitting the dashboard or window frame."

Kia said in a statement that the IIHS test goes beyond U.S. government requirements and noted that the Soul and Forte received top safety ratings from the National Highway Traffic Safety Administration. Nissan said it will review the IIHS tests. The Sentra, it said, performed well in other IIHS tests.

GM, which makes Chevrolet, said it's working to improve the structure and restraints in its small cars where technically possible. Volkswagen said its cars exceed all federal safety standards.

Honda bolstered the Civic's front structure as part of a redesign late last year, said Karl Brauer, senior analyst at Kelley Blue Book. Some older models, such as the Cruze and Sonic, were designed before the test was announced.

A strong performance in the IIHS tests will help people feel safer when buying small cars, Brauer said in an email.

IIHS, a nonprofit research group funded by insurance companies, conducts its small offset test by crashing vehicles into fixed 5-foot-tall barrier at 40 mph to simulate collisions with a utility pole or tree. The institute gives vehicles demerits when the structure intrudes into the passenger compartment, or if a crash dummy suffers injuries to head, neck, chest or other parts of the body. The group also measures how well seat belts and air bags protect people. "Good" is the top rating, followed by "acceptable," then "marginal" and "poor."

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Oil price wavers but remains above $105

BANGKOK — Crude prices vacillated between gains and losses Wednesday as traders waited for the U.S. Energy Department to release its latest oil supply data.

Benchmark crude for September delivery was up 25 cents to $105.55 at late afternoon Bangkok time in electronic trading on the New York Mercantile Exchange. The contract fell $1.26, or 1.2 percent, to close at $105.30 on Tuesday.

Traders were waiting for the U.S. government's Energy Information Agency to release its weekly inventories report later Wednesday. Last week, crude supplies grew 400,000 barrels, or 0.1 percent, to 364.6 million barrels, which is 2.4 percent below year-ago levels.

The International Energy Agency and the Organization of Petroleum Exporting Countries will also release their latest assessments of energy markets, including forecasts for worldwide demand for oil. Analysts are anticipating some downward revisions, given a slowdown in China's economy.

The dollar, however, is underpinning oil prices. It has fallen into a 97-98 yen range, weaker than July when the greenback was worth about 100 yen. A weak dollar tends to boost commodities, which become more attractive investments for holders of other currencies.

"The dollar also not strong enough to suppress the interest in oil so that is why oil prices will hover around the current levels," said Kwong Man Bun, chief operating officer at KGI Securities in Hong Kong.

Brent crude, traded on the ICE Futures exchange in London, was down 21 cents at $107.97 a barrel.

In other energy futures trading on Nymex:

— Heating oil fell 0.2 cent to $3.006 a gallon.

— Natural gas fell 0.3 cent to $3.315 per 1,000 cubic feet.

— Wholesale gasoline fell 0.3 cent to $2.913 a gallon.

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China fines 6 milk suppliers in price-fixing probe

BEIJING — China announced Wednesday it has fined six milk suppliers, including Mead Johnson and New Zealand's Fonterra, a total of $108 million for price-fixing after an investigation that shook the country's fast-growing dairy market.

The announcement came as China reels from a separate recall of milk supplies from Fonterra this week due to possible contamination.

The investigation reflected intensifying scrutiny of business under China's 5-year-old anti-monopoly law. Most targets so far have been foreign-owned. It was carried out against the backdrop of Chinese probes of possible bribery and other misconduct by global suppliers of pharmaceuticals and other products.

Anti-monopoly enforcement "is getting more and more forceful," said Wang Xiang, a lawyer for the firm Orrick, Herrington & Sutcliffe.

The Cabinet's National Development and Reform Commission said it imposed fines totaling 668.7 million yuan ($108 million) on the local units of Mead Johnson Nutrition Co., based in Glenview, Illinois; Hong Kong-based Biostime International Holdings Ltd.; Dumex, a unit of France's Danone SA; Abbott Laboratories, in Abbott Park, Illinois; Fonterra Co-operative Group and Dutch-based FrieslandCampina NV.

The companies admitted they violated the anti-monopoly law by setting minimum prices distributors were required to charge, which raised costs for consumers, the NDRC said in a statement. Regulators did not allege direct collusion, known as horizontal price-fixing, among them.

Setting minimum prices is a common practice in some markets, where companies want to maintain an image as a premium brand. But lawyers say Chinese regulators appear to see most such requirements for distributors as illegal.

Last week, health care giant Johnson & Johnson was ordered by a Shanghai court to pay compensation to a former distributor in a lawsuit brought under the anti-monopoly law.

Beijing is especially concerned about consumer prices at a time when communist leaders face pressure to contain surging living costs.

Three suppliers were found to have violated the law but were spared fines, the NDRC statement said. They were China's Beingmate Group Ltd.; Wyeth Nutrition, a unit of Switzerland's Nestle SA, and Japan's Meiji Dairies Corp.

Other industries also could face tougher scrutiny, especially those in which foreign enterprises have advanced technology that might dominate a market, said Wang.

"Industries like new drugs and medical equipment, especially top companies that have the potential to be monopolies, should pay more attention to this," he said.

Milk and its quality and price are sensitive in China after six babies died and thousands were sickened in 2008 due to formula tainted with the chemical melamine. That prompted many parents to switch to buying more expensive imported milk.

Thursday's announcement referred to suppliers of milk powder while earlier reports by state media said investigators specifically targeted sellers of powdered infant formula.

Milk suppliers including Nestle and Dutch-based FrieslandCampina announced price cuts of 5 to 12 percent after the investigation was launched.

Mead Johnson was fined 203.8 million yuan ($33 million), Biostime 162.9 million yuan ($26.3 million) and Dumex 172 million yuan ($27.7 million), according to the NDRC statement. FrieslandCampina was fined 48.2 million yuan ($7.8 million), Abbott 77.3 million yuan ($12.5 million) and Fonterra 4.5 million yuan ($720,000).

Some fines were based on companies' annual sales and ranged from 3 to 6 percent of revenue, the agency said.

There have been few court rulings so far on the 2008 anti-monopoly law. That has fed uncertainty about how it will apply to global companies that are eager to expand in the world's second-largest economy.

Chinese regulators have cited the law in ordering changes to acquisitions or business practices. In 2009, they blocked Coca-Cola Co. from buying a Chinese fruit juice producer.

Business groups welcomed the law as a step toward clarifying operating conditions in China. Since then, they have said it is enforced more actively against foreign companies than against their Chinese rivals.

Last week, a Shanghai court ordered U.S.-based health care giant Johnson & Johnson to pay damages to a distributor in a lawsuit filed under the anti-monopoly law. The court said J&J improperly set minimum prices, depriving the local distributor of possible sales.

Meanwhile, China has ordered a recall of Fonterra infant formula after the dairy company announced Saturday that hundreds of tons of infant formula, sports drinks and other products might be tainted with bacteria that could cause botulism.

Also last month, police detained four employees of GlaxoSmithKline on charges they bribed doctors to prescribe the British pharmaceutical giant's drugs.

___

National Development and Reform Commission (in Chinese): www.sdpc.gov.cn

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Nikkei's slide weighs on markets

LONDON — A slide in Japanese shares following a sharp rise in the value of the yen weighed on markets Wednesday while the pound recovered its poise after new policy guidance from the Bank of England.

Japan's Nikkei 225 index closed 4 percent lower to 13,824.94 as the yen strengthened. The dollar fell to 96.74 yen, its lowest level since late June, before settling back around the 97 yen mark. A higher yen potentially makes Japanese exports more expensive and its steady decline this year in the wake of a big monetary stimulus has lain behind the Nikkei's gains.

The dollar has been in the ascendancy following a suggestion from a Fed official that the central bank may reduce its monthly $85 billion in asset purchases in September. As well as rising against the yen, the dollar made gains against the euro, which was trading a further 0.2 percent lower at $1.3283.

The Fed's stimulus over the past few years has helped keep interest rates super-low in order to spur growth. But it also had the unintended effect of pushing up stock markets, where investors have fled in search of returns that outpace bonds.

Charles Evans, who votes on the Fed's policy as president of the Federal Reserve Bank of Chicago, said Tuesday the Fed was "quite likely" to start reducing purchases this year and didn't rule out a decision being made at the Fed's next meeting in September. That is a sign that Fed officials believes the U.S. economy is strengthening and that the monetary stimulus can begin to be wound down, so-called tapering.

"More risk-averse trading conditions have also been triggered by Evans," said Lee Hardman, an analyst at Bank of Tokyo-Mitsubishi UFJ. "On that basis he clearly would not rule out making a decision to begin tapering in September."

In Europe, the FTSE 100 index of leading British shares was down 0.4 percent at 6,576 while Germany's DAX fell 0.6 percent to 8,247. The CAC-40 in France was 0.2 percent lower at 4,021.

Wall Street was poised for a lower opening with Dow futures down 0.4 percent and the broader S&P 500 futures 0.3 percent lower.

Elsewhere, the Bank of England's new governor, Mark Carney, was in focus as he spelled out the broad outlines of the approach he will pursue with regard to the British economy. Investors were particularly interested to hear him say that the Bank will not raise interest rates until unemployment falls below 7 percent. The jobless rate currently stands at 7.8 percent.

Following a knee-jerk fall after his statement, the pound recovered to be only trading 0.2 percent lower at $1.5327.

"It looks like rates are not going to rise in the next 3 years, though they could," said Marc Ostwald, market strategist at Monument Securities. "As Carney has stressed they are not pre-committed, so again this is a rather valueless bit of 'forward guidance'."

Earlier in Asia, the Nikkei's retreat hit sentiment across the region. South Korea's Kospi fell 1.5 percent to 1,878.33 while Australia's S&P/ASX 200 shed 1.9 percent to 5,011.30. Hong Kong's Hang Seng was 1.5 percent down at 21,588.84 in the absence of fresh buying incentives.

In the oil markets, the price of benchmark New York crude was up 12 cents at $105.42 a barrel.

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Samsung seeks smart watch trademarks in US, SKorea

SEOUL, South Korea — Samsung Electronics Co. has applied for U.S. and South Korean trademarks for a watch that connects to the Internet in the latest sign that consumer technology companies see wearable devices as the future of their business.

Samsung described "Samsung Galaxy Gear" as a wearable digital electronic device in the form of a wristwatch, wrist band or bangle in its July 29 application with U.S. Patent and Trademark Office. A month earlier, it applied for a "Samsung Gear" trademark in South Korea.

The trademark applications did not show the shape of the products. But drawings from a Samsung design patent approved in May show a watch-like design with a flexible screen that curves around the wrist.

The U.S. trademark application said the device will be "capable of providing access to the Internet, for sending and receiving phone calls, electronic mails and messages" as well as "for keeping track of or managing personal information."

The trademark filings in the U.S. and in South Korea show that Samsung is deep in preparations for what tech industry experts expect will be a new generation of mobile technology that dramatically expands the utility of single-function objects such as watches and glasses. The South Korean consumer electronics giant was caught flatfooted by Apple's invention of the smartphone but through what turned out to be a legally risky strategy of imitation was able to capture a dominant share of the global smartphone market within a few years.

Apple Inc. applied June 3 for a trademark in Japan for "iWatch." Industry watchers have long speculated that Apple is working on a smart watch that uses a version of the operating system that powers the iPhone and iPad. The company has not confirmed those rumors but CEO Tim Cook has hinted it may be developing a wearable computing device.

Google Inc. is testing an early version of Internet-connected spectacles called Glass. It uses a small screen above the right eye that displays information and imagery retrieved from the Internet.

The South Korean patent office said the Gear trademark will not be approved this year as it takes seven to eight months to start reviewing applications due to a waiting list. Samsung applied for the South Korean trademark on June 21.

It was not clear if Samsung would use the "Samsung Gear" trademark for a Smart Watch. The trademark application covers 38 possible products including mobile telephones, bracelets, glasses and software interfaces that monitor human vital signs.

South Korea's patent office said in June that Samsung had patented watch designs in which more than three quarters of the device is covered by a flexible display that curves around the wrist. Illustrations showed 'back' and 'home' buttons at the bottom of the screen. Another illustration shows a rectangular screen with an edge that tapers toward the top.

The product is made of metal, synthetic and glass materials, Samsung's patent document said.

Samsung executive vice president Lee Young Hee said in March interview with Bloomberg that the company's mobile division has been working on a smart watch. Samsung declined to confirm the report then.

Company spokeswoman Chenny Kim declined to comment on the patent applications.

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Google finds streaming gold

Google, which has tried to carve out market-share in the living room for years, finally may have found a winner in its sleek streaming stick, Chromecast.

For a paltry $35, the tiny device just a bit bigger than a USB drive plugs into the back of your TV, ready to receive Netflix, YouTube and media from the Google Play store. Setup takes a couple minutes, and is simple through an app or a computer but can be frustrating without a reliable Wi-Fi connection.

The best part of Chromecast is how seamless the experience is. On a smartphone, a button shows up in the apps that support Chromecast — Netflix, YouTube and Google Play Music and Movies for now — when it detects Chromecast on the same Wi-Fi network. An iPhone that had never interacted with Chromecast before was able to play YouTube videos with zero setup. It even automatically changes the TV to the right input, eliminating the need to search for the right remote.

Technically, content is not streamed from a phone to the TV, Chromecast is instead fetching the URL for the content on its own. The distinction may seem inconsequential, but in practice it means the controlling device is not tied up streaming one thing. Because of this, the phone is freed up for other tasks, queuing up more YouTube videos, which play automatically when each one finishes. Still, the downside is a slight lag when you hit pause to process what just happened on "Breaking Bad."

The most disappointing aspect of Chromecast right now is the amount of content available. Netflix and YouTube are great, but Google Play videos and music are hardly the most popular options. Spokesmen for Hulu and HBO Go have said they have been looking into supporting Chromecast, and Pandora support should be arriving soon.

Right now, Chromecast does a few crucial things well in a cheap, simple package. The increasing likelihood of support from Hulu, HBO Go and such will be just icing on that sweet, $35, Internet streaming cake.

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Apple losing innovative core?

Apple is in trouble on its own turf — innovative design paired with wow-inducing product releases — showing signs of critical weakness in the pending redesign of one of its signature devices, the iPad, with the iPhone in danger of following suit.

The new iPad due this fall is reportedly designed in the image of the iPad Mini. Not smaller, just with the screen filling more of the body, according to rumors that peg the announcement and release dates at sometime this fall, possibly September.

But here's the puzzling part: There is no indication that Apple has plans to add a major innovation to the fifth generation of its trailblazing tablet. An iPad without a gimmick is like a man without a country. We want something like Retina display, which the third generation tablet introduced. Or a front-facing camera, as was introduced with the second iteration.

And when the fifth generation of the iPad is unveiled, I'd like to see at least one of the following game-changers added to the mix:

• Instant iCloud: Microsoft helped pioneer the idea of instant cloud backup for consumers. When you save a document in Office 365, it's backed up automatically to the so-called SkyDrive cloud service. Apple should rip off this idea, as we know it's had no trouble doing in the past.

• Waterproofing: Taking a page from the Samsung Galaxy S4 Active, outfitting the iPad with a substance-fighting exterior would really help those of us who use our favorite tablet as a recipe card. Not to mention those of us with children who subject our household electronics to daily punishment. Or anyone who wants to work with it out in the weather. Or play with it on the boat.

• Wireless charging: Again, Apple could pretend it invented this technology that is being used in Nokia Lumias and devices in Japan. I truly wouldn't mind the shamelessness of such a move if it meant I could easily charge my iPad on-the-go.

But here's what I expect instead: lots of talk about how amazing the new iPad is because of its new operating system, iOS 7. I expect a similar price structure to today's iPad, and perhaps an iPad Mini with Retina display that will be announced simultaneously.

It's around that same time — just on the brink of the holiday season — that Tim Cook & Co. will release a new iPhone and the final version of iOS 7. They would be smart to follow through with long-rumored plans to introduce a cheaper iPhone. I think many of us are sick of dropping hundreds of dollars on a new smartphone that is guaranteed to be outdated in 18 months. If Apple stops making strides with its iPad, keeping current with the iPhone is the only way it will remain the world's most valuable company.

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The Ticker

Time Warner, CBS in feud

Three million Time Warner Cable customers in New York, Los Angeles, Dallas and other cities remained without access to CBS for a third day yesterday, after the cable provider dropped the network in a spat over fees. Time Warner cut off CBS for viewers in select markets on Friday, saying the network is demanding retransmission fees that are out of line with what it pays other broadcasters. CBS said it had asked the cable provider to continue negotiating while its programming was still on the air.
IBT buying Newsweek

Newsweek is being sold for the second time in just a few years. The owner of the International Business Times said it's buying what is now an online-only brand for an undisclosed sum from InterActiveCorp. The publication ran its last print edition at the end of 2012.

TODAY

 Institute for Supply Management releases its service sector index for July.

TOMORROW

 Commerce Department releases international trade data for June.

 Labor Department releases job openings and labor turnover survey for June.

 CVS Caremark, Walt Disney and 21st Century Fox report quarterly earnings.

 Bristol County Savings Bank has appointed Stephen M. Hardy to the position of commercial lender. He is responsible for developing new business.

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Global stock markets find their footing

LONDON — Hopes that the U.S. Federal Reserve will maintain its stimulus program a little longer than expected boosted stock markets Monday.

A disappointing U.S. jobs report on Friday sparked worries about the health of the world's biggest economy but also led some to expect the Fed will not cut back on its $85 billion-a-month of bond purchases as early as September, as many analysts had been predicting.

The Fed has already stated its intention to eventually reduce the purchases of Treasurys and mortgage bonds. The Fed has been pumping money into the U.S. economy for more than four years in an effort to keep interest rates down and help boost lending. The program has been a boon to stocks, where investors have fled in search of higher returns.

European stocks were also supported by surveys Monday of the eurozone and U.K. services sectors. The final estimates of the so-called purchasing managers' indexes were upbeat, particularly for Britain, which saw a sharper-than-expected increase.

Britain's FTSE 100 was up 0.2 percent to 6,660.46 in morning trading, while Germany's DAX added 0.2 to 8,425.38. France's CAC-40 advanced 0.4 percent to 4,061.22.

Ahead of the start of trading on Wall Street, futures for the Dow Jones industrial and the S&P 500 were steady at 15,588 and 1,703.60 points respectively.

Asian stocks were mixed.

Japan's Nikkei 225 index fell 1.4 percent to close at 14,258.04 as the dollar hovered below 100 yen. A stronger yen makes Japanese products more expensive overseas and can hurt companies whose survival hinges on exports.

Australia's S&P/ASX 200 fell 0.1 percent to 5,111.30 as traders waited for the Reserve Bank of Australia's monthly interest rate decision on Tuesday and the release of employment figures for July on Thursday. South Korea's Kospi fell 0.4 percent to 1,916.22.

Hong Kong's Hang Seng advanced 0.1 percent to 22,222.01. Benchmarks in mainland China, Taiwan and New Zealand rose. Singapore and the Philippines fell.

The dollar weakened, a sign that some investors are betting the Fed may keep its monetary stimulus program at the current level for a little longer than expected. The stimulus lowers market interest rates, reducing the appeal of some dollar-denominated investments, such as Treasurys. That in turn weakens appetite for the dollar.

The dollar fell 0.6 percent against the Japanese yen, to 98.35 yen, while the euro was steady to $1.3282.

Benchmark crude for September delivery was down 60 cents to $106.34 a barrel in electronic trading on the New York Mercantile Exchange. The contract fell 95 cents on Friday.

___

Sampson reported from Bangkok.

___

Follow Pamela Sampson on Twitter at http://twitter.com/pamelasampson

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FDA: Mimolette a mite risky

Boston-area cheese aficionados may have to bid adieu to Mimolette, an aged French cheese with a bright orange rind, as the Food and Drug Administration has put the tastes-like-Gouda treat on the firing line recently for unacceptable levels of "cheese mites."

"There are cheese mites in many, many cheeses," pointed out Peter Lovis, the proprietor of the Concord Cheese Shop in Concord. "Most people are not aware, but there have been cheese mites in cheese for a long, long time."

It's not the mites, but rather the number of mites in Mimolette that is raising the red flag. The FDA allows six mites per square inch of cheese, FDA spokeswoman Theresa Eisenman told the Herald, and more than 75 percent of Mimolette cheese sampled at import stations was found to exceed the FDA's standard. As a result, shipments of the cheese have been detained or destroyed.

"It hasn't been easy to get recently, it's not in stock right now," said Lovis, who estimated he last had Mimolette on shelves in May or June.

Formaggio Kitchen in South End is also fresh out.

"We're on the lucky side, as someone who imports small amounts often, we (only) had two cases destroyed (by the FDA)," said David Robinson, their cheese buyer. "There are importers who had hundreds of pounds destroyed. Distributors in Europe are not keen on sending it over (because of the risk the FDA will detain or destroy it) — it's a loss for everybody."

Eisenman stressed that the cheese hasn't been banned, but in some ways that is more frustrating for the cheesemongers.

"We don't really know what is acceptable or unacceptable," said Lovis.

"Six mites per square inch is weird and arbitrary," agrees Robinson.

And the health risk is murky: Neither Lovis nor Robinson can recall a customer complaining of feeling ill after eating Mimolette.

"I couldn't find a lot about what the FDA's reasoning for this is: what exactly prompted it or what the problem is from a food-safety perspective," said Joan Salge Blake, a registered dietitian and clinical associate professor at Boston University's Sargent College of Health.

Even the FDA admitted the reactions are unknown: "While the presence of (mites) does not necessarily mean there will be a negative health consequence if a product is ingested ... ingestion of mites can result in intestinal parasitic infection as well as allergic reaction," said Eisenman.

"It's unfortunate because it's a classic," said Robinson. "People will continue to ask for it even if it does get banned."

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The Ticker

Apple gets U.S. reprieve for banned devices

Apple can continue selling its iPhone 4 and iPad 2 3G in the United States after receiving a reprieve from an import ban won by Samsung Electronics Co.

U.S. Trade Representative Michael Froman yesterday overturned the ban, imposed by the U.S. International Trade Commission on June 4 after it found that some older models of Apple devices infringed on a patent for a way data are transmitted.

Apple had been ordered to stop importing versions of the Chinese-made iPhone 4 and iPad 2 3G designed for networks run by AT&T Inc., T-Mobile US Inc. and two regional carriers in Texas and Alaska. Cupertino, Calif.-based Apple was counting on the Obama administration's increased interest in patent disputes to sway the president.

No president has overturned an ITC import ban since Ronald Reagan did it in 1987, in a case involving Samsung computer-memory chips.

TOMORROW

• Institute for Supply Management releases its service sector index for July.

TUESDAY

• Commerce Department releases international trade data for June.
• Labor Department releases job openings and labor turnover survey for June.
• CVS Caremark, Walt Disney and 21st Century Fox report quarterly earnings.

WEDNESDAY

• Federal Reserve releases consumer credit data for June.
• Time Warner reports quarterly earnings.

THURSDAY

• Labor Department releases weekly jobless claims.
• Freddie Mac, the mortgage company, releases weekly mortgage rates.

FRIDAY

• Commerce Department releases wholesale trade inventories for June.

Timothy Dailey has been named to the position of indirect lending sales officer at Bristol County Savings Bank. Dailey is responsible for managing the relationships of the bank's auto dealer customers.

Interactions Corp., a leading provider of natural language virtual assistant technology, announced that Elizabeth Lemons has joined the company as chief people officer. Lemons, who brings over 30 years of human resources experience, will be responsible for Interactions' workforce planning, talent acquisition, onboarding and human resources.

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Sensor tracks the elderly

A MassChallenge finalist has developed a wearable sensing platform that it says enables the elderly to age at home safely, alerting their loved ones to any problems.

Developed by a team from Massachusetts Institute of Technology, QMedic's wristband broadcasts to a base station, which is connected to a landline outlet in the home, and then into the company's server, monitoring behavior such as sleep, physical activity and extended periods outside the home.

"Because we're continually monitoring their behavior, we can learn what's typical for them and what's not," said Sombit Mishra, the company's CEO. "In this way, we can pre-emptively detect early signs of decline."

The wearer's loved one or caregiver can choose what kinds of deviations in behavior they wish to be notified about via text message, Mishra said.

In the case of a fall or other emergency, the wearer can press a button on the wristband to connect to the company's around-the-clock call center via a speaker on the base station.

If the call center can't hear the person, it will call the wearer's phone, and if no one picks up, it will dispatch an emergency medical technician and alert the loved one, Mishra said.

The wristband's durable, waterproof design allows people to wear it in the bath or shower, where falls often occur. The device also has a battery life of one year, and the company monitors the battery level and replaces the wristband when a new battery is needed, Mishra said.

The cost is $99 to activate the device and $40 a month after that. But for the rest of this year, QMedic is running a promotion discounting the monthly fee to $30.

Mishra and his co-founders, Dave Nelson and Fahd Albinali, originally came together at MIT in 2010 around the idea that they could help people make more informed decisions about their health, using sensing technology.

But it wasn't until 2012 that they decided to focus on sensors for the elderly, specifically, seniors who live at home.

According to AARP, there are 76 million baby boomers retiring, and 90 percent of them want to age in their own home.

"This creates an enormous need because people are living longer and with diseases and conditions that need to be managed at home," Mishra said. "The whole point is to create a fail-safe option to make sure they're OK."

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Nurse at botched Ohio transplant sues over firing

COLUMBUS, Ohio — A veteran nurse present during a botched kidney transplant at an Ohio hospital last summer has sued for wrongful termination.

The lawsuit filed Friday in Columbus seeks $25,000 for Melanie Lemay, a nurse suspended then fired after a different nurse accidentally threw away a viable kidney as medical waste during the procedure last August.

After the error, the hospital apologized and put an administrator and two nurses on paid leave. Lemay alleges her subsequent termination was based on violating policies and procedures that didn't exist on the day of the operation.

The 30-year employee of the University of Toledo Medical Center alleges that operating room policies that hospital administrators turned over to investigators from the Department of Health and Human Services had an effective date of Aug. 16 — six days after the surgery.

An investigative report on the incident indicated no policy or procedures other than those dated Aug. 16 were presented to investigators as in place on the day of the failed procedure.

The suit states the other nurse failed to log out of the hospital computer system when she went on break, which required Lemay to make entries under that nurse's chart. Lemay said the second nurse did not ask for a status update on the transplant or the patient when she returned from lunch and proceeded to remove the kidney from the room and dispose of it.

Lemay says she did not see the items being removed nor know the other nurse had removed them. She was fired for violating policies on communications, logging out, and failing to stop the other nurse from removing items from the operation room before the procedure was concluded, the suit states.

University of Toledo spokesman Tobin Klinger declined comment Saturday. "It would be inappropriate for us to comment on pending litigation," he said.

Besides the personnel actions, the hospital voluntarily suspended its kidney transplant program from August to December.

A report by a surgeon hired by the hospital to review its program called it "baffling" that the nurse would accidentally dispose of the viable kidney. At the same time, he found no problems with the systems that would have indicated the hospital was at risk for such a mistake. The nurse who threw out the organ resigned within weeks.

The family of the woman set to receive the kidney that day and her brother, who was her live donor, filed suit against the hospital last week alleging medical negligence and seeking $25,000 for each of eight plaintiffs.

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