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The invention relates to the field of medical diagnostics, namely to gynecology, and can be used to predict the risk of development of endometrial hyperplasia (GGE).
-atypical hyperplasia - a perverted, abnormal growth of endometrial tissue (adenomatosis, adenomatous hyperplasia) [Sun N. In. The importance of molecular genetic and immune factors in the pathogenesis and treatment tactics of patients with hyperplastic processes of the endometrium. //Author. Diss.to.m.N. - SPb., 2011. - 20 P.].
Endometrial hyperplastic processes possible at any age, are found almost one in four women with infertility and have varying degrees of manifestations, but their frequency increases significantly to perimenopausal. The prevalence of hyperplasia ending�Tria is 10-30%, endometrial polyps - 0.5 to 35.7 percent [Lysenko O. V. endometrial Hyperplastic processes in different age periods the study of cytokine status and SFAS ligand//Obstetrics and gynecology. - 2011. - №4.- S. 12-15].
Endometrial hyperplasia as a possible basis for the formation of malignant tumors for many decades represent an important medico-social problem. The frequency of malignancy of endometrial hyperplastic processes varies within a wide range (0.25 to 50%) and is determined by the morphological features of the disease, duration of recurrence, and patient's age. Simple endometrial hyperplasia without atypia proceeds to cancer in 1% of cases, polypoid form without atypia - 3 times more often.
For clinical endometrial hyperplasia characterized by anovulatory uterine bleeding that occurs typically after a delay of menstruation. Bleeding is usually prolonged, with moderate blood loss, or abundant, profuse. In hyperplastic processes of the endometrium (often with endometrial polyps) sometimes appear intermenstrual spotting [Maksimov S. Y. risk Factors for malignant neoplasms of reproductive system women//Problems of Oncology.-2003. - Vol. 49, No. 3, Pp. 496 - 501].
About�Anchalee confirmation of the diagnosis of the GGE is only possible after hysteroscopy with subsequent histological examination of the endometrium. Unfortunately, we have to admit that ultrasound diagnosis is not always effective. In some cases, the patients with unexplained even after the diagnostic laparoscopy infertility GGE revealed during hysteroscopic examination may be the only likely cause.
Pathological transformation of the endometrium is a complex biological process involving all links neurohumoral regulation of a woman's body. It is known that the reason for the development of the GGE could be defects in ovulation, giperestrogeniya, progesterone deficiency, disturbance of proliferation and suppression of apoptosis, and changes of the receptor phenotype of the endometrium. GGE often occurs with endometriosis, fibroids and chronic inflammatory processes in the endometrium. In recent years revealed a complex system of factors that are involved in cell regulation, and expanded notions of intercellular interaction and intracellular processes in hormone-dependent tissues. So, it is established that in the regulation of proliferative activity of cells of the endometrium along with the estrogen involved a number of biologically active compounds (interleukins, factors tumor necrosis, chemokines). In the regulation of tissue homeostasis and the pathogenesis of proliferative diseases an important role belonging to�IIT not only increased cell proliferation, but the dysregulation of cell death (apoptosis). The resistance of the endometrial cells to programmed cell death (apoptosis) leads to the accumulation of modified and excessively proliferous cells, which is characteristic of neoplastic changes in the endometrium [Lysenko O. V. Hyperplastic processes in the endometrium at different ages, the study of cytokine status and SFAS ligand//Obstetrics and gynecology. - 2011. - №4.- S. 12-15].
The known method according to the patent of Russian Federation №2466390 published on 10.11.2012 the application for invention No. 2011105301/15 from 15.02.2011 G. "a method for predicting the development of cancer in pathological processes of the endometrium in women of reproductive age" (Sidorova I. S. Unanyan A. L. (RU), Vlasov R. S. (RU), etc.), proposed a method for predicting the development of endometrial cancer, including the identification of clinical signs, scraping of the uterus, histological examination, determination of the methylation of genes-suppressors MLH1, RASSF1, GSTP1, P16, RAR-b, CDX1 tumor growth by the method of methyl-sensitive PCR (MCH-PCR), the calculation of the probability of development of cancer of the uterine body. When the value of R greater than 0.6 predict a high likelihood of developing cancer of the uterine body, p, equal to 0.3 and 0.59, - moderate probability of cancer, at p below 0,29 - low probability of cancer.
Untill�the horizon is he improves the accuracy of forecasting of development of cancer of the uterine body while existing pathological processes of the endometrium in women of reproductive age, and gives the opportunity to predict the propensity of patients to the formation of isolated endometrial hyperplastic processes.
The known method of quantitative morphological assessment of the severity of chronic endometritis on the patent of Russian Federation №2475742, published on 20.02.2013. The inventive method consists in the fact that examine the scrapings of the endometrium. On the histological specimen score the presence of morphological signs of chronic inflammation in most areas, and at selected sites, depending on their availability and homogeneity. The total score, which ranges from 1 to 10 points, is the quantitative assessment of the severity of chronic endometritis. The sum from 1 up to 4 points allows you to install a light degree of severity of chronic endometritis. From 5 to 7 points - medium, 8 to 10 - heavy. The disadvantage is that the method can be used only by the research histomorphological examination of scrapings from the uterus.
A method of predicting the development of endometriosis, leading to disruption of reproductive function in girls with oligomenorrhea RF patent №2161311, �published 27.12. 2000. The method is based on the study of a number of indicators of the immune system and includes determining the number of T-lymphocytes by flow cytometry (using a cytometric system FACS Calibur company Beckton Dickinson), determining the concentration of immunoglobulin M (IgM) using the test radial immunodiffusion according to Mancini, the determination of the level of circulating immune complexes (CIC) in serum - method of separation in polyethylene glycol with an assessment on the spectrograph Multiscan company Labsystems (wavelength 450 nm). Determination of the diagnostic factor F by the formula F=- K1 0,00793+K2 0,013 - K3 0,043+3,09, where K1- indicator IgM, K2- the value of the CEC, K3- figure T-cells (-CD3). If F>0, then predict a patient's risk of developing endometriosis. If F<0, then the occurrence of endometriosis is unlikely. The proposed method gives the probability of correct prediction in 76% of cases.
The method allows taking into account the main links of the pathogenesis of endometriosis to predict the development of this disease in adolescent girls with oligomenorrhea and chronic pelvic pain, in a timely manner to diagnose the disease and recommend pathogenetically based treatment that may affect the frequency of heavy running FD�m of endometriosis and associated infertility.
The disadvantage is that it can only be used to predict the development of endometriosis in adolescent girls with oligomenorrhea and chronic pelvic pain, but does not allow to predict the formation of isolated endometrial hyperplastic processes.
The objective of this study is to expand the Arsenal of methods of diagnosis, namely the creation of a prediction method of forming isolated hyperplastic processes of the endometrium in women of Russian nationality, urozhenko of the Central Chernozem region of Russia, on combinations of genetic polymorphisms: -308 TNFα G, +36 A TNFR1, A I-TAC, -889 T IL-1A and/or +36 A TNFR1, A I-TAC, -889 T IL-1A and/or -308 TNFα G, +250 G Ltα, -889 T IL-1A.
The technical result of the invention - to provide criteria for the assessment of the risk of isolated endometrial hyperplastic processes.
1A(-889 T IL-1A), lymphotoxin α (+250 G Ltα), prediction of an increased risk of isolated forms of hyperplastic processes of endometrium in patients in case of detection of a combination of alleles -308 TNFα G 36 A TNFR1, A I-TAC, -889 T IL-1A and/or combinations of alleles+36 A TNFR1, A I-TAC, -889 T IL-1A and/or combinations of alleles -308 TNFα G,+250 G Ltα, -889 T IL-1A.
Novelty and inventive step lies in the fact that the prior art not known to the ability to forecast the evolution of isolated endometrial hyperplasia by the presence of allele combinations -308 G gene of tumor necrosis factor α (-308 polymorphism TNFα G), allele+36 A receptor of the tumor necrosis factor (polymorphism+36 A TNFR1), allele And interferon inducible of chemoattractant T cells (polymorphism And I-TAC), -889 allele T of interleukin-1A (-889 polymorphism T IL-1A, allele+250 G lymphotoxin α (polymorphism+250 G Ltα).
Fig.1. Discrimination of alleles at locus G/A I-TAC (rs4512021) (where homozygotes GG, homozygotes AA, heterozygotes AG - negative control).
Fig.2. Electrophoretic separation of the products of restriction gene -889 C/T IL-1A, 2,3,4 where homozygotes -889 CT; 5,6,10 homozygotes -889 MOP; 1,7-9,11-14 -heterozygote -889 CT.
DNA extracted from samples of peripheral venous blood of patients with isolated hyperplastic processes of the endometrium by the method of phenol-chloroform extraction in 2 stages. In the first stage to 4 ml of blood add 25 ml of lyse buffer containing 320 mm sucrose, 1% Triton X-100, 5 mm MgCl2, 10 mm Tris-HCl (pH=7,6). The resulting mixture was stirred and centrifuged at 4 º C, 4000 rpm for 20 minutes. After centrifugation the supernatant decanted, to the residue add 4 ml of a solution containing 25 mm EDTA (pH=8.0) and 75 mm NaCl, resuspension. Then add 0.4 ml 10% SDS, 35 ál proteinase K (10 mg/ml) and incubated the sample at 37º for 16 hours.
In the second phase from the resulting lysate sequentially perform the extraction of DNA equal volumes of phenol, phenol-chloroform (1:1) and chloroform by centrifugation at 4000 rpm for 10 minutes. After each centrifugation produce a selection of the aqueous phase. DNA is precipitated from the solution with two volumes of chilled 96% ethanol. Formed DNA is dissolved in twice-distilled, deionized water and stored at -200°C.
The selected DNA is then subjected�Ute polymerase chain reaction using standard oligonucleotide primers (table 1).
Molecular genetic analysis is carried out by polymerase chain reaction of DNA synthesis. PCR is performed on the amplifiers IQ5 (BioRad) and TP-PCR-01-TERZIC".
On the amplifier IQ5 (Bio-Rad) analyze nucleotide polymorphism (-308 G/A TNFα,+36 A/G TNFR1 AND/G I-TAC,+250 A/G Ltα by polymerase chain reaction of DNA synthesis using standard oligonucleotide primers and specific probes with subsequent analysis of the polymorphism method for the discrimination of alleles. The reaction mixture volume of 25 μl includes: 6.7 mm Tris-HCl (pH 8,8), 2.5 mm MgCl2, 0.1 μg of genomic DNA, 10 PM of each primer, 5 pcmall each probe, 200 μm dATP, dGTP, dCTP, dTTP, and 1 unit of active Taq polymerase. After denaturation perform 40 cycles of amplification under the scheme: a primer annealing and denaturation.
On the amplifier TP-PCR-01-TERZIC" analyze polyester�of hizma gene -889 C/T IL-1A by polymerase chain reaction of DNA synthesis using standard oligonucleotide primers according to the method specified in [Hulkkonen, J. Inflammotory cytokines and cytokine gene polymorphisms in chronic lymphocytic leukaemia, in primary Sjögren''s Syndrome and Haelthy Subjects: [acad. diss.] /J. Hulkkonen; University of Tampere, Medical School Tampere University Hospital. - Tampere, 2002. - R. 81].
The reaction is carried out in a 12.5 µl total volume of the mixture containing 33.5 mm Tris-HCl (pH 8,8), 1.25 mm MgCl2, 0.5 μg of genomic DNA, 5 PM of each primer, 100 µm dATP, dGTP, dCTP, dTTP, and 1 unit of active Taq polymerase. After denaturation perform a 32 cycle amplification scheme: denaturation, primer annealing and elongation. Then, the samples incubated for 5 min at 72°C and cooled. The amplification products analyzed in 2% agarose gel, stained with ethidium bromide for 30 minutes at 160V. As the electrophoretic buffer used htae (Tris-acetate buffer). Then, the samples identified in transmitted UV light.
Genotyping is carried out by the method of discrimination of alleles using the Tag Man probes. When conducting PCR amplifier with fluorescence detection (amplifier IQ5) genotyping is performed by method Man Tag probes according to the values of OEF (relative fluorescence unit) of each probe.
Two lanes, vertical and horizontal, divide the graph into four sections: one for each homozygous state, one for the heterozygous state and the section without reaction. The assignment of genotypes of unknown samples is determined by tracing OEP for about�tion of the fluorophore on the x-axis relative to OEF for another fluorophore on the y-axis on the chart discrimination of alleles.
• If the values of OEF of the unknown sample are above the horizontal stripes and the right vertical stripes, genotype heterozygote (GA).
• If the values of OEF of the unknown sample are above the horizontal stripes and vertical bars to the left, genotype homozygote for an allele 2 (OEF allele 2 pending on the y-axis).
• If the values of OEF an unknown sample are below the horizontal bars and to the right of vertical, genotype homozygote for an allele of 1 (RFU allele 1 pending on the x-axis).
• If the values of OEF an unknown sample are below the horizontal bars and to the left of vertical, the definition of the genotype is not possible, in this case an undefined sample - negative control.
Genotyping of DNA markers (locus -889 C/T IL-1A) produced by the method of analysis of the polymorphism of the lengths of restriction fragments (RFLP) of PCR products amplification of specific genomic regions using appropriate enzymes produced by "Simanim" (Novosibirsk).
After incubation, the restriction mixture for 16 hours at 37°C is carried out the separation of DNA fragments by horizontal electrophoresis in an electrophoretic cell production company "Helikon" (Russia). Depending on the size of the partial DNA fragments using agarose gel 2-3% concentration, PR�prepared on the basis of TVE-buffer stained with ethidium bromide solution (0,01%). Visualization of trigram performed in a dark box with a transilluminator company UVP (Sweden).
Creation of database and statistical calculations carried out using the program "STATISTICA 6.0" [Borovikov, V. Statistica: the art of computer data analysis /V. Borovikov. - 2nd ed. - SPb.: Peter, 2003. - 688 p.: ill. - (For professionals)].
Study of the role of combinations of genetic variants of polymorphic markers of genes of interleukins in the formation of isolated uterine fibroids was performed using the software APSampler [http:sources.redhat.com/cygwin/] using Monte-Carlo Markov chains and Bayesian nonparametric statistics [A. V. Favorov A Gibbs sampler for identification of symmetrically structured, spaced DNA motifs with improved estimation of the signal length /A. V. Favorov, M. S. Gelfand, A. V. Gerasimova [et al.] //ioinformatics. - 2005. - Vol.21, No. 10. - R. 2240-2245].
Assessment of the level of statistical significance of the obtained results is carried out using the Bonferroni (pcor), i.e., amendments that minimizes the probability of false positive results [Rebrova O. Yu., Statistical analysis of medical data. https://sites.google.com/site/oyurebrova/book" t "_blank /O. Y. Rebrova//M media. - 2006 - 312 p.].
The possibility of using the proposed method to assess the risk of development of isolated endometrial hyperplasia confirmation�em analysis of the results of observations of 713 patients with different proliferative processes of the reproductive system, including uterine fibroids, endometriosis, endometrial hyperplastic processes and population control group of 500 people. Among 713 surveyed in 150 women were observed hyperplastic processes in the endometrium. Patients were included in the relevant group of patients only after diagnosis of the disease, confirmed by clinical, laboratory and instrumental methods of examination and confirmed by histology data.
In the studied group included individuals of Russian nationality who are nationals of the Central Chernozem region of Russia and have no relationship among themselves.
Found that the combination of molecular genetic markers -308 TNFα G,+36 A TNFR1, A I-TAC, -889 T IL-1A occurs in 41,86% of patients in 2 times more often than in the control group (20,92%, p=0,000005, pcor=0,01, OR=2,72 95%CI 1,76 - 4,18). Also in patients with isolated endometrial hyperplasia common in the combination of genetic variants +36 A TNFR1, A I-TAC, -889 T IL-1A (42,64%) 1.9 times more often in comparison with the control (22,25%, p=0,0000008, pcor=0,02, OR=TO 2.59, 95%CI 1,70 - 3,95). The combination of the three genetic markers -308 TNFα G,+250 G Ltα, -889 T IL-1A (14,81%) in this group significantly more often (in 4.5 times) occurs than in the control group (or 3.28%, p=0,000001, pcor=0,02, OR=5,12, 95%CI 2,47 - 10,61).
The patient H. the Russian national�spine, a native of the Central Chernozem region of Russia, was held the fence peripheral venous blood, extraction of DNA from peripheral venous blood; polymerase chain reaction typing of genetic polymorphisms of the tumor necrosis factor α (-308 G/A TNFα), receptor of tumor necrosis factor 1 (+36 A/G TNFR1), interferon inducible of chemoattractant T cells (A/G I-TAC), interleukin-1A (-889 C/T IL-1A), lymphotoxin α (+250 A/G Ltα) and analysis of combinations of gene polymorphisms of tumor necrosis factor α (-308 TNFα G), the receptor of tumor necrosis factor 1 (+36 A TNFR1), interferon inducible of chemoattractant T cells (I-TAC), interleukin-1A (-889 T IL-1A), lymphotoxin α (+250 G Ltα). The results are shown in figures 1 and 2.
It is revealed that due to the presence of a combination of alleles -308 TNFα G, +36 A TNFR1, A I-TAC, -889 T IL-1A and combinations of alleles+36 A TNFR1, A I-TAC, -889 T IL-1A, a woman can be attributed to the risk group of the probability of occurrence of isolated endometrial hyperplastic processes with the aim of preventing the development of clinical manifestations, and with the aim of early diagnosis to reduce the frequency of surgical intervention and improve the quality of life of women.
Thus, the obtained data indicate that combinations of alleles -308 TNFα G,+36 A TNFR1, A I-TAC, -889 T IL-1A, allele+36 A TNFR1, A I-TAC, -889 T IL-1A and allele -308 TNFα G,+250 G Ltα, -889 T IL-1A are risk factors R�Suite endometrial hyperplasia (OR=2,72, OR=2,59 and OR=5,12, respectively) in women of Russian nationality, urozhenko of the Central Chernozem region of Russia.
The use of this method will allow to form among women of Russian nationality, urozhenko of the Central Chernozem region of Russia, a group of patients with increased risk of development of endometrial hyperplastic processes for mandatory dynamic ultrasound to monitor the condition of the endometrium, histomorphological examination of the contents of the uterine cavity, with subsequent selection of measures of prevention, supervision or medical treatment from a specialist doctor. With early diagnosis and proper differentiated approach to the management of patients with endometrial hyperplasia will have the opportunity to prevent slamonline of endometrial hyperplastic processes.
A method of predicting risk of development of endometrial hyperplasia in women of Russian nationality, urozhenko of the Central Chernozem region of Russia, including extraction of DNA from peripheral venous blood typing by polymerase chain reaction genetic polymorphisms of the tumor necrosis factor α (-308 G/A TNFα), receptor of tumor necrosis factor 1 (+36 A/G TNFR1), interferon inducible of chemoattractant T cells (A/G I-TAC), interleukin-1A (-889 CT IL-1A), lymphotoxin α (+250 A/G Ltα), and the prediction of an increased risk of endometrial hyperplastic processes in identifying combinations of alleles -308 TNFα G, +36 A TNFR1, A I-TAC, -889 T IL-1A and/or combinations of alleles+36 A TNFR1, A I-TAC, -889 T IL-1A and/or combinations of alleles -308 TNFα G,+250 G Ltα, -889 T IL-1A.

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Neil Witkes is a partner with Manko, Gold, Katcher & Fox LLP. He has a wide range of civil and administrative environmental and commercial litigation experience, including class actions, toxic tort claims, insurance coverage suits, defense of agency enforcement actions, citizen suits, challenges to agency action, contract claims, and cost recovery actions. He has represented industrial and commercial entities, as well as real estate developers and closely-held companies, in a variety of environmental and general-commercial litigation matters.
Sheridan v. NGK Metals Corp., 609 F.3d 239 (3d Cir. 2010) affirming summary judgment in medical monitoring actions against representatives of two classes - residents for ambient air exposures and employees for occupational exposures.
Wack v. Farmland Indus., Inc., 1999 Pa. Super. 327, 744 A.2d 265 (Pa. Super.Ct. 1999) (granting summary judgment after plaintiff's toxicologist was precluded from testifying about link between ingestion of benzene and decedent's cancer).
Frazer Exton Dev., L.P. v. Kemper Envtl., Ltd., 2004 WL 1752580 (S.D.N.Y. 2004) (first reported decision holding that environmental "cost cap" policy applied to cost overruns for remedy change), aff'd, 153 F. App'x 31 (2d Cir. 2005) and 2007 WL 756494 (S.D.N.Y. 2007) (entering partial judgment for $5.6 million as ancillary relief to prior declaratory judgment).
Neil defended a former specialty metals manufacturer against several class actions filed in state and federal courts seeking medical monitoring from exposure to airborne emissions from manufacturing activities into the ambient air. See Sheridan v. NGK Metals Corp., 609 F.3d 239 (3d Cir. 2010) (summary judgment in residential and occupational exposure class actions);Pohl v. NGK Metals Corp., 2003 WL 24207633 (Ct. Com. Pl. Phila. County July 9, 2003) (denying class certification on grounds that individual issues predominate over any issues common to the class), aff'd, 863 A.2d 1239 (Pa. Super. 2004) (Table), appeal denied, 582 Pa. 718, 872 A.2d 1200 (2005) (Table); Anthony v. Small Tube Mfg. Corp., 535 F. Supp. 2d 506 (E.D. Pa. 2007) (class action complaint properly removed to federal court under Class Action Fairness Act, denying petition to remand action to state court).
Neil defended a public utility against a class action filed in state court seeking testing and medical monitoring as the result of the "threatened release" of mercury during removal of pressure regulators.
Neil defended an operator of a landfill against a class action filed in state court seeking damages for nuisance and diminution of property value as a result of landfill operations.
Township of Florence v. Commonwealth of Pennsylvania Dep't of Envtl. Prot. and Waste Mgmt. of Pa., Inc., No. 96-045-MG (Pa. Envtl. Hearing. Bd. Aug. 26, 1997) (dismissing appeal of air quality plan approval for landfill expansion, finding no evidence of violation of new source review requirements).
Perkasie Borough Auth. v. Hilltown Township Water & Sewer Auth., 819 A.2d 597 (Pa. Commw.Ct. 2003) (dismissing mandamus action seeking preliminary injunction to enjoin construction of municipal wastewater treatment plant).
Waste Mgmt. of Pa., Inc. v. City of York, 910 F. Supp. 1035 (M.D. Pa. 1995) (limiting government’s authority to provide contribution protection to settling defendants under CERCLA).
Commonwealth Land Title Ins. Co. v. Doe, 395Pa. Super. 595, 577 A.2d 1358 (1990) (title company entitled to priority over competing title company disputing claims against commingled funds, having acted to preserve rights and fund).
Chambers USA - America's Leading Lawyers for Business listing (environmental law), since 2008. The Chambers list is issued by Chambers and Partners. Click here to view the selection methodology.
Best Lawyers® in America listing (environmental litigation), since 2009. The Best Lawyers list is issued by Woodward/White Inc. Click here to view the selection methodology.
Pennsylvania Super Lawyers listing (environmental litigation), since 2005; Top 100 Philadelphia Super Lawyer listing, 2012. The Super Lawyers list is issued by Thomson Reuters. Click here to view the selection methodology.

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The Secretary is authorized (1) to issue a license to any individual upon presentation to the Secretary of satisfactory evidence that such individual is competent, and is employed (or is supervised under a contractual arrangement) by an official agency or a State agency delegated authority under section 79 or 79a of this title, to perform all or specified functions involved in original inspection or reinspection functions involved in official inspection, or in the official weighing or the supervision of weighing, other than appeal weighing, of grain in the United States; (2) to authorize any competent employee of the Secretary to (A) perform all or specified original inspection, reinspection, or appeal inspection functions involved in official inspection of grain in the United States, or of United States grain in Canadian ports, (B) perform official weighing or supervision of weighing (including appeal weighing) of grain in the United States, or of United States grain in Canadian ports, (C) supervise the official inspection, official weighing, or supervision of weighing of grain in the United States and of United States grain in Canadian ports or the testing of equipment, and (D) perform monitoring activities in foreign ports with respect to grain officially inspected and officially weighed under this chapter; (3) to contract with any person or governmental agency to perform specified sampling, laboratory testing, inspection, weighing, and similar technical functions and to license competent persons to perform such functions pursuant to such contract; and (4) to contract with any competent person for the performance of monitoring activities in foreign ports with respect to grain officially inspected and officially weighed under this chapter. Except as otherwise provided in sections 79(i) and 79a(d) of this title, no person shall perform any official inspection or weighing function for purposes of this chapter unless such person holds an unsuspended and unrevoked license or authorization from the Secretary under this chapter.
All classes of licenses issued under this chapter shall terminate every 5 years on a date or dates to be fixed by regulation of the Secretary: Provided, That any license shall be suspended automatically when the licensee ceases to be employed by an official agency or by a State agency under a delegation of authority pursuant to this chapter or to operate under the terms of a contract for the conduct of any functions under this chapter: Provided further, That subject to subsection (c) of this section such license shall be reinstated if the licensee is employed by an official agency or by a State agency under a delegation of authority pursuant to this chapter or resumes operation under such a contract within one year of the suspension date and the license has not expired in the interim.
The Secretary may require such examinations and reexaminations as the Secretary may deem warranted to determine the competence of any applicants for licenses, licensees, or employees of the Secretary, to perform any official inspection or weighing function under this chapter.
Persons employed or supervised under a contractual arrangement by an official agency (including persons employed or supervised under a contractual arrangement by a State agency under a delegation of authority pursuant to this chapter) and persons performing official inspection functions under contract with the Secretary shall not, unless otherwise employed by the Federal Government, be determined to be employees of the Federal Government of the United States: Provided, That such persons shall be considered in the performance of any official inspection, official weighing, or supervision of weighing function as prescribed by this chapter or by the rules and regulations of the Secretary, as persons acting for or on behalf of the United States, for the purpose of determining the application of section 201 of title 18, to such persons and as employees of the Department of Agriculture assigned to perform inspection functions for the purposes of sections 1114 and 111 of title 18.
The Secretary may hire (without regard to the provisions of title 5 governing appointments in the competitive service) as official inspection personnel any individual who is licensed (on October 21, 1976) to perform functions of official inspection under this chapter and as personnel to perform supervisory weighing or official weighing functions any individual who, on October 21, 1976, was performing similar functions: Provided, That the Secretary determines that such individual is of good moral character and is technically and professionally qualified for the duties to which the individual will be assigned. The Secretary may compensate such personnel at any rate within the appropriate grade of the General Schedule as the Secretary deems necessary without regard to section 5333 of title 5.
The Secretary shall provide for the periodic rotation of supervisory personnel and official inspection personnel employed by the Secretary as the Secretary deems necessary to preserve the integrity of the official inspection and weighing system provided by this chapter.
The Secretary shall develop and effectuate standards for the recruiting, training, and supervising of official inspection personnel and appropriate work production standards for such personnel, which shall be applicable to the Secretary, all State agencies under delegation of authority pursuant to this chapter, and all official agencies and all persons licensed or authorized to perform functions under this chapter: Provided, That persons licensed or authorized on October 21, 1976, to perform any official function under this chapter, shall be exempted from the uniform recruiting and training provisions of this subsection and regulations or standards issued pursuant thereto if the Secretary determines that such persons are technically and professionally qualified for the duties to which they will be assigned and they agree to complete whatever additional training the Secretary deems necessary.
The General Schedule, referred to in subsec. (e), is set out under section 5332 of Title 5.
2015-Subsec. (b). Pub. L. 114–54 substituted "every 5 years" for "triennially".
2000-Subsec. (a)(3). Pub. L. 106–472 inserted "inspection, weighing," after "laboratory testing,".
1994-Pub. L. 103–354 substituted "Secretary" for "Administrator" and "Service" wherever appearing.
1993-Pub. L. 103–156, §12(g), which directed amendment of "Section 8", without specifying the name of the Act being amended, was executed to this section, which is section 8 of the United States Grain Standards Act, to reflect the probable intent of Congress.
Subsec. (a). Pub. L. 103–156, §§6(1), 12(g)(1), in cl. (1), substituted "presentation to the Administrator" for "presentation to him" and inserted "(or is supervised under a contractual arrangement)" after "and is employed", and in second sentence, substituted "Except as otherwise provided in sections 79(i) and 79a(d) of this title, no person" for "No person".
Subsec. (b). Pub. L. 103–156, §6(2), substituted "under the terms of a contract for the conduct of any functions" for "independently under the terms of a contract for the conduct of any functions involved in official inspection".
Subsec. (c). Pub. L. 103–156, §12(g)(2), substituted "the Administrator" for "he".
Subsec. (d). Pub. L. 103–156, §6(3), inserted "or supervised under a contractual arrangement" after "Persons employed" and after "including persons employed".
Subsec. (f). Pub. L. 103–156, §12(g)(2), substituted "the Administrator" for "he".
1977-Subsec. (a)(1). Pub. L. 95–113, §1604(g)(1)(A), substituted "weighing, other than appeal weighing, of grain" for "weighing of grain".
Subsec. (a)(2)(B). Pub. L. 95–113, §1604(g)(1)(B), substituted "weighing (including appeal weighing) of grain in the United States, or of United States grain in Canadian ports" for "weighing of grain".
Subsec. (a)(3). Pub. L. 95–113, §1604(g)(1)(C), substituted "any person or governmental agency specified sampling, laboratory testing, and similar technical functions" for "any person to perform specified sampling and laboratory testing".
Subsec. (e). Pub. L. 95–113, §1604(g)(2), inserted provisions authorizing the Administrator to compensate the personnel at any rate within the appropriate grade of the General Schedule as the Administrator deems necessary without regard to section 5333 of title 5.
Subsec. (f). Pub. L. 95–113, §1606(f), substituted "official inspection and weighing system" for "official inspection system".
1976-Subsec. (a). Pub. L. 94–582 substituted "Administrator" for "Secretary" in two places; designated existing provisions as item (1) and substituted "official agency or a State agency delegated authority under section 79 or 79a of this title, to perform all or specified functions involved in original inspection or reinspection functions involved in official inspection, or in the official weighing or the supervision of weighing of grain in the United States" for "official inspection agency to perform all or specified functions involved in official inspection"; substituted provisions designated as item (2) for "to authorize any competent employee of the Department of Agriculture to perform all or specified functions involved in supervisory or appeal inspection or initial inspection of United States grain in Canadian ports"; inserted items (3) and (4); struck out authorization to license any competent individual to perform specified functions involved in official inspection under a contract with the Department of Agriculture; and conditioned performance of any official weighing function on the holding of a license or authorization.
Subsec. (b). Pub. L. 94–582 substituted "Administrator" for "Secretary", "official agency" for "official inspection agency" in two places, and "subsection (c)" for "paragraph (c)", and inserted provision respecting employment of licensee by a State agency under a delegation of authority pursuant to this chapter in two places.
Subsec. (c). Pub. L. 94–582 substituted "Administrator" for "Secretary" and "Service" for "Department of Agriculture" and included performance of weighing function.
Subsec. (d). Pub. L. 94–582 substituted "official agency (including persons employed by a State agency under a delegation of authority pursuant to this chapter)" for "official inspection agency" and "contract with the Service" for "contracts with the Department of Agriculture" and inserted provision respecting status as persons acting for or on behalf of the United States in application of sections 118, 201, and 1114 of Title 18.
Subsecs. (e) to (g). Pub. L. 94–582 added subsecs. (e) to (g).
1968-Pub. L. 90–487 substituted provisions for the licensing and examination and reexamination of inspectors for provisions authorizing the Secretary of Agriculture to promulgate rules and regulations.
Amendment by Pub. L. 94–582 effective 30 days after Oct. 21, 1976, see section 27 of Pub. L. 94–582, as amended, set out as a note under section 74 of this title.
For effective date of amendment by Pub. L. 90–487, see section 2 of Pub. L. 90–487, set out as a note under section 78 of this title.


§1. The prerequisites and terms of enrolment concern admissions to uniform MA/ MSc studies, first and second cycle studies conducted in both full-time and part-time mode (Appendix 1).
§2. Opole University of Technology also conducts third degree (doctoral) and post graduate studies. The admission conditions for these studies are stipulated in separate provisions.
§3. Opole University of Technology enrolls candidates for uniform Master's studies, first-cycle and second-cycle studies within the planned admissions capacity set for particular fields, levels and forms of studies.
§4. The exemption prerogatives for laureates and finalists of Olympiads are laid out in a separate document.
§5. Decisions regarding the admission of candidates for studies are made by the appropriate Admissions Committees.
§6. Special needs of disabled candidates will be taken into account during the enrollment process. Candidates who would like to get help during entrance examinations or the admission process will be able to contact the Rector's Plenipotentiary for Disabled Persons at the Opole University of Technology.
§7. Taking up studies in the full-time and part-time mode depends on the signing of the agreement between the University and the person admitted to the studies.
§8. Enrolment can be undertaken both in winter and summer semester.
§9. The enrolment procedure is a two-step process.
has credited an admission fee on the Opole University of Technology’s account indicated by the IRK system. The fee must be credited by the time limit determined in the enrolment schedule.
3. After the completion of the enrolment process the Admissions Committee publishes the results of the qualification on individual candidates’ accounts in the IRK system.
A medical certificate endorsing the absence of contraindications for studying in fields: Physiotherapy and Physical Education ( this certificate should be submitted on a special form to be found in the online recruitment system (IRK).
The original of the proof of payment of the recruitment procedures fees, paid to the account of Opole University of Technology (applies to applicants when the fee has not been booked in the IRK system in accordance with the recruitment schedule).
§12. The candidate pays to the indicated bank account the obligatory admission fee. The amount of the fee is determined by the rector.
§13.1. Failure to submit the documents by the candidate or the candidate's withdrawal of the documents does not give rise to claims for reimbursement for the recruitment procedure referred to in §10.1 Section 3.
2. Candidate’s failure to submit all the documents referred to in §11.1 (uniform Master's studies and first-cycle studies) or in §11.2 (second-cycle studies) is the basis for the issuing the decision not to admit the candidate for the studies.
§14. After the deadline for submitting the required set of documents, the Committee announces an alphabetical list of candidates accepted for studies. This list, as well as the ranking list, are signed by the Chairperson of the Faculty Admissions Committee.
§15. A protocol is prepared from the course of the recruitment procedure of each candidate, in which the result of the qualification procedure and the decision on admission to studies are entered. The minutes are signed by the chairperson, the secretary and members of the faculty committees.
LPO - is the number of points obtained by the laureate or finalist of the Olympiad or competition organized or sponsored by the Opole University of Technology in accordance with Table 2.
2. To determine the recruitment index (R), it is assumed that the result of the Matura examination, given in percentages, is converted into the number of points according to the rule: percentage of the score = number of points, in the case of a secondary school-leaving certificate in which the result of the Matura examination is given on a scale of 0-100 points.
3. For candidates who have a secondary school-leaving examination certificate (the so called ‘old Matura , [Pol.] stara matura), the number of points for the result of the secondary school-leaving examination is assumed on the basis of the Table 3.
4. The total number of points for the result of the Matura examination is equal to the sum of the points obtained for the basic and for the extended level.
5. The number of points obtained on the exam taken exclusively at the extended level is multiplied by 2.0.
6. In the case of the Matura examination, the value of the recruitment indicator (R) is calculated based on the result of the written part.
7. In the case when the candidate did not take on their Matura examination the subject being the basis of qualification for the first year of studies in a given field, the value of zero shall be used to calculate the recruitment indicator.
8. If the candidate has obtained two grades from the chosen subject on the secondary school-leaving exam (the Old Matura – old secondary school-leaving examination), the points corresponding to these grades are added together, whereas, when only one grade is obtained, the corresponding scores are multiplied by two.
9. Candidates who have passed the bilingual school leaving examination (Pol. matura dwujęzyczna) are credited the maximum number of points from a modern foreign language subject at an advanced level.
are accepted outside the enrollment system and submit the required documents in accordance with the enrollment schedule.
§19.1. A secondary-school leaving certificate obtained abroad must be supplemented with a certificate from a School Superintendent’s Office (based in the place of the residence of the candidate) confirming the equivalence between the Polish Matura certificate and the translation of the secondary-school leaving certificate certified by a sworn translator. This obligation does not apply to certificates obtained in countries with which Poland has signed agreements on the recognition of secondary school-leaving certificates and diplomas of graduation.
Foreign nationals who, in accordance with the Act on Higher Education, may study in Poland under the rules applicable to Polish citizens, are admitted on analogous terms, including §19.1. Foreigners who do not meet the conditions set out in the aforementioned Act are admitted on the terms specified in separate regulations.
§21. In case of health contraindications to undertake studies in a specific field, the candidate will not be admitted to the enrollment procedure.
§22. The decision on the admission of a candidate for a uniform Master's degree and first-cycle studies is made by the appropriate Admissions Committee by a simple majority of votes.
§23. The Opole University of Technology collects the results of the Matura examination from the National Matura Register in accordance with the provisions of the agreement of 2 July 2015 between the University of Warsaw and the Opole University of Technology.
§24.1. Candidates for a uniform Master's degree and first-cycle studies, who, as a result of their appeal against the verification result of the sum of points from the written part of the Matura exam which had been submitted to the College of Examination Arbitration, had the result of the Matura exam from the specified by the candidate in the system of electronic registration of the candidates IRK constituting the basis for enrollment increased, may, by September 30, 2018, submit an application for supplementary recruitment to the appropriate departmental admissions commission. Along with the application, a complete set of documents required from candidates for uniform master's studies and first-cycle studies should be submitted.
2. In relation to the candidates referred to in §24.1, faculty recruitment committees are obliged to take into account the verified result of the Matura exam. Admission to the first year of full-time and part-time studies takes place when the verified results submitted by the candidate meet the point criteria set by the faculty admissions commissions in the completed recruitment procedure.
3. The supplementary admission procedure referred to in §24.1 applies only to recruitment conducted for the academic year 2018/2019 and only to the field of study for admission to which the candidate previously applied.
4. In matters not covered in Chapter 3, decisions are made by faculty admission committees.
§25. The candidate should hold a master’s degree (MA), a bachelor's degree (BA) , an engineer (BSc/ MSc) or an equivalent degree obtained in the same or a related field of study. The list of related fields is defined by the faculty board.
§26.1. The criterion for admission to the second-cycle studies is the value of the recruitment index (R2). On its basis, ranking lists of candidates are prepared. To calculate the recruitment index (R2), the formula (2) is assumed, as well as the principles presented in §29.
P3 – grade from the diploma of completion of previous studies, in the same or related field.
P4 – the portfolio evaluation score (applies to candidates for the field of architecture). Maximum number of points to attain is 5.
§27. In the absence of a graduation diploma, the candidate may provide a certificate of passing the diploma exam. The original or a copy of the diploma (issued by the university) together with the supplement must be delivered in this case on the date specified by the admission board.
§28. The decision on the admission of a candidate for a uniform Master's degree and first-cycle studies is made by the appropriate Admissions Committee by a simple majority of votes.
a prerequisite for admission to a second-cycle program (architecture) is to obtain a portfolio result at least 2 pkt.
§30. In matters not covered in Chapter4, decisions are made by faculty admission committees.
§31. Admission for the winter semester including electronical application procedure will start on June 1, 2018 and will end on September 30, 2018.
§32. Admission for the winter semester including electronical application procedure will start on 15 January 2019 and will end 22 March 2019.
§33. Application procedure and application period will be made public by 31 March 2018.
§34.1. Ranking lists of candidates are drawn up on the basis of the recruitment indicator in the order from its highest to its lowest value.
2. Candidates are admitted to studies according to the order of the ranking list. The number of acceptances corresponds to the planned admission size.
3. If a larger number of candidates have reached the value of the recruitment index equal to the planned size of admissions, then all of them are admitted.
§35. The deadline for submitting appeals from the recruitment results expires after 14 days from the date of receipt of the decision not to admit to university. The basis for the appeal may only be the indication of a breach of terms and conditions of admissions for studies.
§36. The University’s Admissions Committee is obliged to consider the appeal within a specified time schedule of its work.
§37. Admission to full-time studies of candidates with a secondary school-leaving examination obtained outside of Poland follows the general admission schedule, taking into account the threshold value of the recruitment index, the value of which is determined by the score of the last accepted candidate on the list.
§38. Relevant admissions committees may accept subsequent candidates from the ranking list, if the planned amount of admissions is not met, within 14 days from the commencement of classes or if the admission procedure ended after the commencement of classes, within 14 days from the end of admissions.
§39. University Admissions Committee supervises the compliance with the provisions of Admissions procedure adopted pursuant to this document.
* uniform master's studies, 5-year studies and professional practice, as an integral part of the study program. The graduate obtains a master's degree without the right to practice. Completing the studies entitles the graduate to take the National Physiotherapy Exam (Państwowy Egzamin Fizjioterapeutyczny- PEF). Only obtaining the positive result of the exam gives the right to exercise the profession.


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= Open Access, click on DOI link to download a pdf.
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” Anne Needham brought this products liability suit against White Laboratories, basing federal jurisdiction on diversity of citizenship, and after a jury trial obtained a judgment for $800,000. White Laboratories appeals from the judgment. Needham cross-appeals, seeking a new trial on damages or, alternatively, additional interest on the judgment.
In 1952 Anne Needham‘s mother, while pregnant with her, used a prescription drug manufactured by White Laboratories — dienestrol — to prevent a miscarriage. Dienestrol is a synthetic estrogen similar to the better-known DES (diethylstilbestrol). In 1974 Anne Needham developed clear-cell adenocarcinoma, a vaginal cancer that is substantially more common among women whose mothers received estrogen treatments during pregnancy than among other women. Anne Needham brought this suit in 1976, and in 1979 won a judgment for $800,000 which this court reversed because of error in the admission of evidence. On May 12, 1982, the district court decided that the new trial we had ordered would be limited to liability, and that if Needham won again her damages would be the same $800,000 that she had been awarded at the end of the first trial. She did win again, she was duly awarded $800,000, and the present appeal and cross-appeal followed.
NEEDHAM v. WHITE LABORATORIES, INC., Leagle, 19881202847F2d355_11148, April 27, 1981.
According to White Laboratories, the critical issue in the second trial was whether it should have known back in 1952 that dienestrol might pass through the placenta and induce cancer in the fetus. If so, White Laboratories admits it would be found liable either for negligence, or for the form of strict liability (perhaps misnamed) that consists of selling without a warning a product which the seller should know is unreasonably dangerous — provided that the issue of causation was also resolved in Anne Needham’s favor: the Melnick study indicates that clear-cell adenocarcinoma is not always caused by estrogen therapy, so there is some chance that she would have developed the condition even if her mother had never taken dienestrol. On this appeal, however, White Laboratories does not question the sufficiency of the evidence that White should have known of the danger and also that Anne Needham would not have developed adenocarcinoma but for her mother’s taking dienestrol.
It had long been known that estrogen treatments could cause cancer in the women receiving the treatments, and that many substances could pass through the placental barrier. A study conducted in 1940 and known to White Laboratories had found abnormalities in the sexual organs of both male and female offspring of rats who had been injected with estrogen during pregnancy. But no studies had shown that estrogen would cause cancer in the fetus, based on a concession by the defendant in that case); and only one study had found that any cancer could be induced in a fetus by migration of a carcinogen across the placenta, — let alone the long-delayed estrogen-induced cancer that struck Anne Needham when she was an adult.
This may be rather tenuous footing for an inference that before marketing a new drug to pregnant women back in the early 1950s White Laboratories should have conducted tests on pregnant animals (which it did not do) and that if it had done so it would have discovered that estrogen therapy might cause cancer in fetuses, in which event it would surely have had to tell physicians, including Mrs. Needham’s physician, to warn their patients of the danger. On the other hand, White Laboratories is almost certainly mistaken in suggesting that the jury would have had to draw this inference in order to impose liability. It would have been quite enough — might indeed have been more than enough, as we shall see later — that White Laboratories should have known that estrogen could cause some harm to the fetus, and immaterial whether the harm took the form of cancer, let alone a specific cancer such as clear-cell adenocarcinoma. McMahon v. Eli Lilly & Co., (applying Illinois law in a DES case).
At all events, White Laboratories does not question the jury’s right to draw an inference of negligence or unreasonable (implying reasonably foreseeable) danger. It does complain about the jury instructions, however, and about the action of the plaintiff’s counsel in harping to the jury on the dangers of dienestrol to Anne Needham’s mother, even though she was not a plaintiff and, so far as appears, had not been injured by the estrogen treatments that she took while pregnant. The complaints are related; the alleged error in the instructions consists of language that, White Laboratories argues, authorized the jury to award judgment to Anne on the basis of the dangers of dienestrol to her mother.
The attack on the instructions assumes, what is by no means certain but is also unnecessary to decide, that if the harm to Anne Needham was unforeseeable she cannot recover damages merely because the defendant was negligent toward her mother and the negligence caused the daughter’s injury. Against the assumption it can be argued that while unforeseeable plaintiffs are sometimes barred, this is by no means always true. In Renslow v. Mennonite Hospital, a child who had not been conceived at the time the hospital’s employees committed negligent acts against her was allowed to recover the harm to herself caused by those acts. The present case is thus an even stronger case for what the Supreme Court of Illinois later described as the “limited area of transferred negligence” (corresponding to transferred intent in the law of intentional torts) recognized in Renslow. Kirk v. Michael Reese Hospital & Medical Center.
Even if the injury to Anne Needham would have had to be foreseeable for White Laboratories to be held liable, its attack on the instructions must fail — and this though the instructions are redundant, disorganized, and full of legal jargon. White Laboratories does not complain about the instructions en masse; and although the result of the judge’s picking and choosing among the instructions tendered by the parties leaves much to be desired as a specimen of English prose designed for persons with no legal training, we do not set aside a jury verdict on the ground of lack of clarity, or even outright error in some of the instructions, unless — having due regard for the unrealism of assuming that isolated passages in a long set of instructions are likely to have made the difference — we are convinced that the instructions, taken as a whole, are likely to have impaired substantially the jury’s ability to understand the case.
White Laboratories focuses on the instruction that allowed the jury to find negligence if “the defendant failed to warn the medical profession … about the reasonably foreseeable potential development of cancer to users and their offspring exposed to the effects of the drug,” or “failed to reasonably test for potential harmful effects to users and their offspring.” There was much evidence that White Laboratories should have warned the medical profession about the danger that dienestrol would cause cancer in the users of the drug, such as Anne Needham’s mother. This evidence was admissible and admitted, even though Mrs. Needham was not a plaintiff, because the more carcinogenic a drug is, the greater the duty of the manufacturer to explore the full scope of its potential danger. This is an application of the basic tort principle (itself a corollary of the even more basic principle that negligence is the failure to take a level of precautions commensurate with the likelihood and magnitude of the risk created by the defendant’s conduct, that the greater the benefits of precaution, the more precautions must be taken. Investigation of the dangers of a product is a form of (or step toward) precaution against those dangers; so the greater the potential dangers, the greater the duty of inquiry. In the case of a drug given to pregnant women, the potential danger includes harm to the fetus, since many substances pass the placental barrier — and this was known in 1952. But because no one in 1952 knew that estrogen therapy could cause cancer in the fetus, the plaintiff’s counsel naturally placed heavy emphasis on the studies that showed it might cause cancer in the mother, as those studies helped bridge the gap between the single study that had shown that estrogen might harm the fetus and the conclusion he wanted the jury to draw (perhaps unnecessarily) that White Laboratories should have realized there was a risk that estrogen might cause cancer in the fetus. White Laboratories argues that this heavy emphasis, combined with the instruction quoted above, invited the jury to award Anne Needham damages for White Laboratories’ failure to warn the medical profession about the danger of dienestrol to the user, not the danger to the fetus.
This argument (an artifact of White Laboratories’ own insistence that Anne Needham prove that the danger of cancer to the fetus must be foreseeable, but we shall pass this point by for the moment) is not rebutted by pointing out that the phrase “users and their offspring” (emphasis added) logically required the jury to find that the potential for the development of cancer in offspring as well as users was reasonably foreseeable. That is pushing logic too hard, since “and” is frequently used disjunctively (as one when says, “I don’t have any aches and pains” today). Nevertheless, White Laboratories’ argument must fail. Shortly after the quoted passage, the instructions tell the jury: “It was the duty of the defendant, before and at the time of Mary Needham’s ingestion of dienestrol, to use ordinary care for the safety of the plaintiff.” The only plaintiff was Anne Needham. Later the judge said, “If you [the jury] find that the defendant White Laboratories knew or should have known by way of proper testing or inquiry into the scientific literature that the drug dienestrol was capable of causing harm to Anne Needham, and that the defendant White Laboratories did not convey this information to the medical profession, those facts would constitute negligence.” This is the clearest passage in the instructions, and it should have dispelled the ambiguity created by the “users and their offspring” passages. The instructions on strict liability are explicitly limited to danger to offspring, and White Laboratories does not complain about them.
No doubt the plaintiff’s counsel was trying to strengthen his case that the defendant should have investigated and discovered the danger to the fetus, by directing the jury’s attention to dramatic evidence that the defendant had been distressingly insouciant about the danger that dienestrol would cause cancer in the user of the drug, i.e., the mother. Unless the district judge was prepared to rule that foreseeability of the danger to the mother was enough, which he was not prepared to do, it would have been better if he had made clear to the jury that this evidence was relevant only insofar as it showed that a responsible firm would have conducted tests on pregnant animals before making the drug available to human beings, or at least would have warned the medical profession about the danger so that doctors could advise their patients on the tradeoffs between, on the one hand, the destruction of the fetus by miscarriage and, on the other, the danger of cancer to the mother and the possible danger of cancer or other illness or deformity to the fetus. But the instructions read as a whole put the issue correctly to the jury, if less clearly than could be desired. And copies of the instructions were given the jury to take with them into the jury room; they were not forced to rely on their memories.
We do not pretend to know a great deal about the mental processes of jurors. Since jurors are not required to explain their reasoning, since their deliberations are confidential, and since their lack of legal training and experience makes it difficult for a judge to think his way into their minds, the attempt by judges to evaluate the impact of specific instructions on a jury’s verdict is speculative and quite likely to be mistaken. This is a reason to proceed cautiously when asked to set aside a jury’s verdict, and order a new trial bound to consume substantial judicial resources, on the ground that the instructions contained erroneous or confusing passages. This cautious approach is especially appropriate for an appellate court asked to set aside the verdict of a jury that, necessarily, it never saw. The instructions here were inelegant and somewhat ambiguous, but that is not a good enough reason to put the parties and the district court through the ordeal of another trial.
White Laboratories’ second ground of appeal — that Needham’s lawyer was allowed to make too much of the evidence of the danger to users of the drug, both in his opening and closing statements and in his questions to witnesses — requires little discussion. The balancing of the probative value of relevant evidence against its inflammatory or otherwise prejudicial or confusing effect is a matter committed to the judgment and good sense of the district judge, and we will rarely try to second-guess the balance struck. Certainly not here, for White Laboratories must shoulder a substantial share of the blame for what it contends was an excessive harping on the undoubted danger of its drug to the users. Its lawyer failed to object to most of this evidence, and, when he did object, failed to state the ground of the objection clearly. Had he done so, Judge Kocoras might have curtailed the scope of the inquiry and refocused the trial.
We move to the cross-appeal, where the plaintiff is asking for a new trial on the ground that if $800,000 was a correct assessment of her damages in 1979 (which no one questions), it must be too little today. Stressing the considerable inflation that has occurred since then, she submitted an affidavit to the district court showing that an award of at least $1,212,000 in November 1986 (shortly before the second trial) would be necessary to confer the same purchasing power that $800,000 had conferred in 1979. The inflation may have been anticipated and provided for in the earlier award, but that would not affect the argument; that award was premised on the assumption that she would receive the award at once and invest it in order to earn interest that would offset (in part anyway) the inflation. Even without any inflation, the same award seven years later would probably be too little. An award of tort damages compensates not only for future losses but also for past losses up to the date of trial. If a judgment is delayed by seven years, the plaintiff will be entitled to seven more years of past losses and seven fewer years of future losses, and since future losses are discounted to present value they will be weighted less heavily in the award. However, courts do not discount future losses due to disfigurement or pain and suffering, as distinct from loss of earnings and medical expenses, and it is likely that most of Anne Needham’s damages are of the former sort, although the award may include some allowance for future medical expense.
Although the plaintiff’s argument that the damages award is too low might have been a powerful one if the issue of damages had been litigated in the second trial and if the jury had decided that since a previous jury had awarded $800,000 in 1979 it should award the same amount notwithstanding the decline in the purchasing power of the dollar or the possible asymmetry of past and future losses, there was no second trial on damages. The plaintiff could of course challenge the second judgment on the ground that the district court’s order in May 1982 determining that there would be no second trial on damages was erroneous, but she makes no complaint in this court about that order and she has therefore waived any objection to the amount of the damages.
The last issue is whether the plaintiff is entitled to prejudgment interest. The plaintiff tries to convert the issue into one of postjudgment interest, citing the Illinois postjudgment interest statute, Ill.Rev.Stat. ch. 110, ¶ 2-1303. In fact, as we noted recently, postjudgment interest in federal diversity cases is governed by federal rather than state law. But as neither party has cited the federal postjudgment interest statute, any argument based on it is waived — and in any event Needham would not be entitled to postjudgment interest under cases interpreting the Illinois statute. She points out that a judgment for $800,000 in damages was entered in 1979 and that the effect of the district court’s second judgment was to reinstate the original one, and concludes that she is entitled to interest at the statutory rate since 1979. Although Illinois courts award postjudgment interest from the date of a judgment that was reinstated after having been set aside by the trial judge or reversed by an intermediate appellate court, that is not what happened here. The 1979 judgment was never reinstated. It was set aside, the case was retried, and a new judgment was entered, albeit one identical in amount to the old judgment.
But this leaves the question, also raised by the plaintiff, whether pre judgment interest might be awarded. Originally, prejudgment interest was awarded only in suits for a sum certain, for example a suit to collect a promissory note. Whether from a sharper awareness (perhaps inflation-induced) that prejudgment interest is necessary to compensate plaintiffs fully and discourage defendants from stalling, or whether from increased sympathy for plaintiffs, or for both or other reasons, courts in Illinois and elsewhere have become more liberal in their allowance of prejudgment interest and will nowadays award it in contract cases whenever the defendant’s liability can be readily computed, so that it can protect itself from having to pay interest by tendering the amount of its liability to the court, to be returned to it of course if it wins the case.
Ordinarily in a tort suit the amount of the defendant’s liability cannot be computed with the required precision until judgment is entered, so there is no question of awarding prejudgment interest. This was the situation here until May 12, 1982, when the district court decided that if the plaintiff won the second trial she would receive the same amount of damages — $800,000 — that the first jury had awarded. On that day it became certain — as certain as if this had been a suit on a promissory note for $800,000 — that White Laboratories, if it lost again, would owe Needham $800,000. It could have deposited that amount in the district court with complete certainty that this was what it would owe the plaintiff if she won.
This reasoning would be decisive if prejudgment interest in Illinois were a matter of common law; for we would predict that, faced by a case such as this, the courts of Illinois would consider the award of prejudgment interest to be entirely reasonable. In some states issues of prejudgment interest are common law issues. Unfortunately for Anne Needham, the award of prejudgment interest in Illinois is governed by a statute that awards such interest only on “all moneys after they become due on any … instrument of writing,” on loans, on money due on the settlement of accounts, on money “received to the use of another and retained without the owner’s knowledge,” and on “money withheld by an unreasonable and vexatious delay of payment.” Ill.Rev.Stat. ch. 17, ¶ 6402. None of these conditions could possibly be satisfied by Needham’s products liability suit against the manufacturer of the drug ingested by her mother, unless White Laboratories’ refusal to pay up after losing the first time could be considered fraudulent, or otherwise unreasonable and vexatious, which it could not be; White Laboratories had a valid ground for believing that judgment to be invalid.
The only Illinois case that Needham cites on prejudgment interest is a contract case. She cites no authority for the proposition that Illinois courts would recognize a common law right to prejudgment interest in cases not covered by the statute; our decision in In re Air Crash Disaster Near Chicago, , is some evidence they would not. Our own research has discovered several cases in which Illinois courts have asserted a power to award prejudgment interest on equitable rather than statutory grounds, but the power is asserted hesitantly, and there is no indication that it could reach as far as the present case.Alguire v. Walker,mentioned the power but refused to invoke it, holding that just because the defendant had had the use of what was ultimately determined to be the plaintiff’s money for the three years while the lawsuit was pending he was not entitled to prejudgment interest; otherwise every winning plaintiff would be. There was none in this case beyond the conduct giving rise to the suit; if that “bad conduct” were enough, every successful tort plaintiff would recover prejudgment interest.
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GONCALVES, LIVIA DE SOUZA; FRANCHI, MARIANA; MATHOR, MONICA B.; LUGAO, ADEMAR B.; CARVALHO, VICTOR H.; MEDEIROS, MARISA H. G.; ARTIOLI, GUILHERME GIANNINI; VARCA, GUSTAVO H. C. The molecular structure of beta-alanine is resistant to sterilising doses of gamma radiation. PLoS One, v. 14, n. 1 JAN 15 2019. Web of Science Citations: 0.
ARTIOLI, GUILHERME GIANNINI; SALE, CRAIG; JONES, REBECCA LOUISE. Carnosine in health and disease. European Journal of Sport Science, v. 19, n. 1, SI, p. 30-39, JAN 2 2019. Web of Science Citations: 0.
DA SILVA, RAFAEL PIRES; DE OLIVEIRA, LUANA FARIAS; SAUNDERS, BRYAN; KRATZ, CAROLINE DE ANDRADE; PAINELLI, VITOR DE SALLES; SILVA, VINICIUS DA EIRA; BOUZAS MARINS, JOAO CARLOS; FRANCHINI, EMERSON; GUALANO, BRUNO; ARTIOLI, GUILHERME GIANNINI. Effects of -alanine and sodium bicarbonate supplementation on the estimated energy system contribution during high-intensity intermittent exercise. Amino Acids, v. 51, n. 1, p. 83-96, JAN 2019. Web of Science Citations: 0.
DE OLIVEIRA, LUANA FARIAS; SAUNDERS, BRYAN; ARTIOLI, GUILHERME GIANNINI. Is Bypassing the Stomach a Means to Optimize Sodium Bicarbonate Supplementation? A Case Study With a Postbariatric Surgery Individual. INTERNATIONAL JOURNAL OF SPORT NUTRITION AND EXERCISE METABOLISM, v. 28, n. 6, p. 660-663, NOV 2018. Web of Science Citations: 0.
PAINELLI, VITOR DE SALLES; NEMEZIO, KLEINER MARCIO; PINTO, ANA JESSICA; FRANCHI, MARIANA; ANDRADE, ISABEL; RIANI, LUIZ AUGUSTO; SAUNDERS, BRYAN; SALE, CRAIG; HARRIS, ROGER CHARLES; GUALANO, BRUNO; ARTIOLI, GUILHERME GIANNINI. High-Intensity Interval Training Augments Muscle Carnosine in the Absence of Dietary Beta-alanine Intake. MEDICINE AND SCIENCE IN SPORTS AND EXERCISE, v. 50, n. 11, p. 2242-2252, NOV 2018. Web of Science Citations: 1.
CARVALHO, VICTOR H.; OLIVEIRA, ANA H. S.; DE OLIVEIRA, LUANA F.; DA SILVA, RAFAEL P.; DI MASCIO, PAOLO; GUALANO, BRUNO; ARTIOLI, GUILHERME G.; MEDEIROS, MARISA H. G. Exercise and beta-alanine supplementation on carnosine-acrolein adduct in skeletal muscle. REDOX BIOLOGY, v. 18, p. 222-228, SEP 2018. Web of Science Citations: 2.
OLIVEIRA, L. F.; DE SALLES PAINELLI, V.; NEMEZIO, K.; GONCALVES, L. S.; YAMAGUCHI, G.; SAUNDERS, B.; GUALANO, B.; ARTIOLI, G. G. Chronic lactate supplementation does not improve blood buffering capacity and repeated high-intensity exercise. SCANDINAVIAN JOURNAL OF MEDICINE & SCIENCE IN SPORTS, v. 27, n. 11, p. 1231-1239, NOV 2017. Web of Science Citations: 3.
SAUNDERS, B.; DE OLIVEIRA, L. F.; DA SILVA, R. P.; DE SALLES PAINELLI, V.; GONCALVES, L. S.; YAMAGUCHI, G.; MUTTI, T.; MACIEL, E.; ROSCHEL, H.; ARTIOLI, G. G.; GUALANO, B. Placebo in sports nutrition: a proof-of-principle study involving caffeine supplementation. SCANDINAVIAN JOURNAL OF MEDICINE & SCIENCE IN SPORTS, v. 27, n. 11, p. 1240-1247, NOV 2017. Web of Science Citations: 17.
SAUNDERS, BRYAN; PAINELLI, VITOR DE SALLES; DE OLIVEIRA, LUANA FARIAS; SILVA, VINICIUS DA EIRA; DA SILVA, RAFAEL PIRES; RIANI, LUIZ; FRANCHI, MARIANA; GONCALVES, LIVIA DE SOUZA; HARRIS, ROGER CHARLES; ROSCHEL, HAMILTON; ARTIOLI, GUILHERME GIANNINI; SALE, CRAIG; GUALANO, BRUNO. Twenty-four Weeks of beta-Alanine Supplementation on Carnosine Content, Related Genes, and Exercise. MEDICINE AND SCIENCE IN SPORTS AND EXERCISE, v. 49, n. 5, p. 896-906, MAY 2017. Web of Science Citations: 15.
KRATZ, CAROLINE DE ANDRADE; PAINELLI, VITOR DE SALLES; DE ANDRADE NEMEZIO, KLEINER MARCIO; DA SILVA, RAFAEL PIRES; FRANCHINI, EMERSON; ZAGATTO, ALESSANDRO MOURA; GUALANO, BRUNO; ARTIOLI, GUILHERME GIANNINI. Beta-alanine supplementation enhances judo-related performance in highly-trained athletes. JOURNAL OF SCIENCE AND MEDICINE IN SPORT, v. 20, n. 4, p. 403-408, APR 2017. Web of Science Citations: 4.
SAUNDERS, BRYAN; ELLIOTT-SALE, KIRSTY; ARTIOLI, GUILHERME G.; SWINTON, PAUL A.; DOLAN, EIMEAR; ROSCHEL, HAMILTON; SALE, CRAIG; GUALANO, BRUNO. beta-alanine supplementation to improve exercise capacity and performance: a systematic review and meta-analysis. BRITISH JOURNAL OF SPORTS MEDICINE, v. 51, n. 8, p. 658+, APR 2017. Web of Science Citations: 30.
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034 Pa. Code § 131.60. Resolution hearings.
(a) A resolution hearing must be requested in writing.
(b) Counsel for either party, or any unrepresented party, may request a resolution hearing at any time after all parties are prepared to proceed within the time limits prescribed by the act and this rule for resolution hearings.
(c) If a petition is pending before a judge, the request for a resolution hearing must be directed to the assigned judge.
(d) If a petition is not pending before a judge, the request for a resolution hearing must be directed to the Judge Manager for the judges office serving the county of the claimants residence. If the claimant resides outside of this Commonwealth, the request must be directed to the Judge Manager for the judges office most proximate to the claimants residence. The Judge Manager will assign a judge to conduct the resolution hearing.
(e) The assigned judges office will schedule the resolution hearing within 14 business days of receiving the request for a resolution hearing.
(f) The Judge Manager may reassign any case from one judge to another to ensure compliance with the resolution hearing requirements of sections 401 and 401.1 of the act (77 P. S. § § 701 and 710). The Judge Manager will notify both judges of the reassignment.
(g) The judge conducting the resolution hearing will require proof that a petition has been filed with the Department under § 131.11 (relating to filing, service and proof of service), and will make the proof a part of the record. Upon receiving the proof, the judge shall proceed with the hearing and circulate a final decision within 5 business days of the hearing.
(h) The assigned judge need not comply with the procedures in this rule if any party is unable to proceed within the time limits established by the act for resolution hearings.
(i) Subsections (a)(h) supersede 1 Pa. Code § § 31.2131.23, 35.4835.51, 35.11135.116, 35.185, 35.20135.207 and 35.226.
The provisions of this § 131.60 issued under sections 401.1, 435(a) and (c) and 1608 of the Workers Compensation Act (77 P. S. § § 710, 991(a) and (c) and 2708); section 2205 of The Administrative Code of 1929 (71 P. S. § 565); and section 414 of The Pennsylvania Occupational Disease Act (77 P. S. § 1514).
The provisions of this § 131.60 adopted October 16, 2009, effective October 17, 2009, 39 Pa.B. 6038; amended December 19, 2014, effective December 20, 2014, 44 Pa.B. 7837. Immediately preceding text appears at serial pages (346004) to (346005).
This section cited in 34 Pa. Code § 131.57 (relating to compromise and release agreements).


The plaintiff, who is currently serving a state prison sentence at Waupun Correctional Institution and representing himself, filed a complaint under 42 U.S.C. § 1983, alleging that his civil rights were violated. This matter comes before the court on Plaintiff's motion for leave to proceed without prepaying the full filing fee.
Plaintiff is required to pay the $350.00 statutory filing fee for this action. See 28 U.S.C. § 1915(b)(1). If a prisoner does not have the money to pay the filing fee, he can request leave to proceed without prepayment of the full filing fee. Plaintiff has filed a certified copy of his prison trust account statement for the six-month period immediately preceding the filing of his complaint, as required under 28 U.S.C. § 1915(a)(2). Plaintiff lacks the funds to pay the partial filing fee. Therefore, the court waives the initial partial filing fee. 28 U.S.C. § 1915(b)(4).
Plaintiff alleges that on December 25, 2017, he was in his cell when he told Defendant, a correctional officer, that he intended to cut himself with a spoon. When Defendant asked why, Plaintiff alleges he told Defendant he was upset about being kept on control status. Defendant allegedly then asked for the spoon, but Plaintiff states that he told Defendant he wanted to talk to a supervisor. In response, Defendant allegedly threatened to use pepper spray, but Plaintiff alleges that he responded by telling Defendant that he has asthma and, in any event, that Defendant was not permitted to use pepper spray because Plaintiff was not actually cutting himself. Plaintiff alleges that Defendant then walked away and returned with a large can of pepper spray, which he allegedly used to spray Plaintiff in the face through his cell's food trap. As a result of being sprayed, Plaintiff alleges that he had an asthma attack and had to be taken to the hospital by ambulance. He alleges that he remained in the hospital until December 27, 2017. Finally, he alleges that he reviewed his medical file on January 12, 2018, and confirmed the existence of a note advising the security staff not to spray him due to contraindications for incapacitating agents.
Claims for excessive force fall under the Eighth Amendment's prohibition on cruel and unusual punishment, which bars “unnecessary and wanton infliction of pain, ” particularly when “totally without penological justification.” Hope v. Pelzer, 536 U.S. 730, 737 (2001). Specifically, the inquiry in claims involving allegations of excessive force by prison officials against an inmate is whether the prison official inflicted an injury “maliciously and sadistically for the very purpose of causing harm.” See Hudson v. McMillian, 503 U.S. 1, 6 (1992); Whitley v. Albers, 475 U.S. 312 (1986). Thus, the infliction of even a relatively minor or de minimis injury can constitute a violation of the Eighth Amendment's prohibition of “cruel and unusual” punishment if it is done maliciously. Hudson, 503 U.S. at 9 (“When prison officials maliciously and sadistically use force to cause harm, contemporary standards of decency always are violated. . . . This is true whether or not significant injury is evident.”).
This subjective standard for excessive force claims makes it difficult to rule out Eight Amendment excessive force claims at the screening phase, particularly in light of the liberality with which the court must construe Plaintiff's complaint. Here, Plaintiff alleges that Defendant sprayed him with an incapacitating agent despite a warning from Plaintiff and a note in Plaintiff's medical file indicating that doing so could harm Plaintiff due to his asthma. The court therefore concludes that Plaintiff may proceed against Defendant on this excessive force claim.
IT IS THEREFORE ORDERED that Plaintiff's motion for leave to proceed in forma pauperis (ECF No. 2) is GRANTED.


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The government takes federal drug trafficking charges very seriously. Depending on the type of substance and quantity involved, penalties can include a lifetime of incarceration and millions of dollars in fines. Although that is an extreme example, the majority of these cases do result in some time behind bars, and are considered felonies, which comes with lifelong consequences as well.
Generally speaking, state and federal drug trafficking laws pertain to the possession, manufacturing, cultivation, delivery, sale, or purchase of an illegal or controlled substance and it is possible to be charged under either set. Each city, like Philadelphia, has different penalties and handles cases in a unique way, though the federal guidelines are steadfast, regardless of the state. In some situations, the state may handle a trafficking case. The regional laws may also be given preference over federal drug trafficking laws. For example, the feds have agreed to a hands-off approach in states where marijuana is legal, even though it is still illegal per the federal guidelines. However, they can and do step in during serious situations, especially where the sale, manufacture, or transport of a substance is concerned.
Federal drug trafficking laws break substances up by “Schedules” based on the danger they present, the likelihood they’ll be abused, and their medicinal value. More “dangerous” substances rank closer to Schedule I, while the less likely to be abused are Schedule V. A few of the most common substances are broken down below.
The federal drug trafficking laws consider the Schedule of a substance as well as the quantity and circumstances before determining a particular punishment. Most drugs fall under group guidelines, though there are some substances, like marijuana, that have special rules.
Marijuana trafficking in Philadelphia, Pennsylvania is often rated based on the number of plants involved, but when this isn’t possible, the legislation considers one kilogram to be the equivalent of a single cannabis plant. For a first-time offender, fewer than 50 can result in as much as 5 years behind bars and up to $250,000 in fines. The penalty for 50-99 can reach 20 years and $1 million. After this, mandatory minimum sentences are applied. For example, there is a 5-year minimum sentence if 100-999 plants are involved, but the penalties may reach 40 years and $5 million. More than 1,000 plants has a minimum of 10 years, but could result in a life sentence and $10 million in fines. To be clear, these are all first-time offender penalties. The punishment typically doubles for a repeat-offender.
The rest of the penalties are typically broken up by schedule. On the very low end, an offense involving a Schedule V substance may result in 1 year imprisonment and $100,000 in fines. On the other end of the spectrum, a penalty for Schedule I or II substance could be a 20-year sentence and up to $1 million in fines. Again, the penalties generally double for a repeat offender. Mandatory minimum sentences also apply with some substances, such as fentanyl, fentanyl analogue, heroin, LSD, methamphetamine, and PCP. For example, 4-49 grams of pure methamphetamine comes with a minimum sentence of 5 years for a first-time offender and 10 years for a second-time offender. If there were more than 50 grams involved, the minimums climb up to 10 years and 20 years, respectively.
It’s important to retain a competent attorney who routinely works with federal drug trafficking laws as soon as you realize you’re being charged. Someone who specializes in the field may be able to have your charges reduced or dismissed, depending on the factors of your case. To receive a free consultation with an experienced lawyer, review the profiles listed on Philadelphia Drug Lawyers and call to schedule an appointment today.

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