Ten banks to pay $8.5 billion to settle foreclosure abuse review









WASHINGTON -- Ten of the nation's largest mortgage servicers have agreed to an $8.5-billion settlement with federal regulators to end a review of foreclosure abuses.


The settlement, announced Monday, involved some of the biggest names in the financial industry, including Bank of America Corp., Wells Fargo & Co., JPMorgan Chase & Co. and Citigroup Inc..


They agreed to pay a total of $3.3 billion to more than 3.8 million borrowers whose homes were in foreclosure in 2009 and 2010, according to the Federal Reserve and the Office of the Comptroller of the Currency. Borrowers could receive as much as $125,000, depending on the type of problems with their foreclosures.





In addition, the banks agreed to provide $5.2 billion in other assistance to those borrowers, including modifications to their mortgages or having judgments against them forgiven.


The other servicers participating in the settlement are Aurora Loan Services, MetLife Bank, PNC Financial Services, Sovereign Bank, SunTrust Banks and U.S. Bancorp. Four smaller servicers whose foreclosure practices have been under review did not sign on to Monday's settlement.


Under the original plan devised by the comptroller and the Federal Reserve in April 2011, 4.4 million Americans whose homes were in foreclosure proceedings in 2009 and 2010 could request a free review. Only about half a million have done so.


Regulators decided to stop the reviews in exchange for the cash payments and assistance.


Borrowers who requested reviews would get bigger cash payments. Those that did not would get a few hundred dollars. Those who requested reviews would get bigger payments.


"When we began the Independent Foreclosure Review, the OCC pledged to fix what was broken, identify who was harmed and compensate them for that injury," said Comptroller of the Currency Thomas J. Curry. 


"While today's announcement represents a significant change in direction," he continued, "it meets those original objectives by ensuring that consumers are the ones who will benefit and that they will benefit more quickly and in a more direct manner."


Curry said that although regulators have "have learned a great deal from the reviews ... it has become clear that carrying the process through to its conclusion would divert money away from the impacted homeowners" and delay compensation to the borrowers.


Rep. Elijah E. Cummings (D-Md.), criticized the decision by regulators to reach a settlement with the mortgage servicers. 


"I am deeply disappointed that the OCC and the Federal Reserve finalized this settlement and effectively terminated the Independent Foreclosure Review process before providing Congress answers to serious questions about how this settlement amount was determined, who these funds will go to, and what will happen to other families who were abused by these mortgage servicing companies, but have not yet had their cases reviewed," Cummings said.


He said he didn't know "know what the rush was to make this settlement without answering these key questions" and that he had "serious concerns that this settlement may allow banks to skirt what they owe and sweep past abuses under the rug without determining the full harm borrowers have suffered."


 ALSO:


Investors bet BofA can begin to focus on expansion


$10-billion settlement of foreclosure abuse cases said to be near


Bank of America to pay Fannie Mae $10 billion in loan settlement


Follow Jim Puzzanghera on Twitter and Google+.





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NHL, union reach tentative agreement









NEW YORK—





Hockey is back, and it took nearly four months and one long night to get the game back on the ice.

With the season on the line, the NHL and the players' association agreed on a tentative pact to end a 113-day lockout and save what was left of a fractured schedule.

Commissioner Gary Bettman and union executive director Donald Fehr ceased being adversaries and announced the deal while standing side by side near a wall toward the back of the negotiating room and showing a tinge of weariness.

"I want to thank Don Fehr," Bettman said. "We went through a tough period, but it's good to be at this point."

A marathon negotiating session that lasted more than 16 hours, stretching from Saturday afternoon until just before dawn Sunday, produced a 10-year deal.

"We've got to dot a lot of Is and cross a lot of Ts," Bettman said. "There's still a lot of work to be done, but the basic details of the agreement have been agreed upon."

Even players who turned into negotiators showed the strain of the long, difficult process.

"It was a battle," said Winnipeg Jets defenseman Ron Hainsey, a key member of the union's bargaining team. "Gary said a month ago it was a tough negotiation. That's what it was.

"Players obviously would rather not have been here, but our focus now is to give the fans whatever it is — 48 games, 50 games — the most exciting season we can. The mood has been nervous for a while. You want to be playing. You want to be done with this."

The collective bargaining agreement must be ratified by a majority of the league's 30 owners and the union's membership of approximately 740 players.

"Hopefully within a very few days the fans can get back to watching people who are skating, not the two of us," Fehr said.

All schedule issues, including the length of the season, still need to be worked out. The NHL has models for 50- and 48-game seasons.

The original estimate was regular-season games could begin about eight days after a deal was reached. It is believed that all games will be played within the two respective conferences, but that also hasn't been decided.

The players have been locked out since Sept. 16, the day after the previous agreement expired. That deal came after an extended lockout that wiped out the entire 2004-05 season.

"Any process like this is difficult. It can be long," Fehr said.

Time was clearly a factor, with the sides facing a deadline of Thursday or Friday to reach a deal that would allow for a 48-game season to start a week later. Bettman had said the league could not allow a season of fewer than 48 games per team.

All games through Jan. 14, along with the All-Star game and the New Year's Day Winter Classic had already been canceled, claiming more than 50 percent of the original schedule.

Without an agreement, the NHL faced the embarrassment of losing two seasons due to a labor dispute, something that has never happened in another North American sports league. The 2004-05 season was lost while the sides negotiated hockey's first salary cap.

Under the new CBA, free-agent contracts will have a maximum length of seven years, but clubs can go to eight years to re-sign their own players. Each side can opt out of the deal after eight years.

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10 Vintage Photographs of Snowflakes






Photo courtesy of Flickr, Smithsonian Institution.


Click here to view this gallery.






[More from Mashable: 5 YouTube Videos to Help Winterize Your Home]


If for some reason you didn’t believe no two snowflakes were alike, here’s your proof.


In 1885, Wilson A. Bentley successfully photographed over 5,000 snowflakes by attaching a camera to a microscope (and in turn honing the field of Photomicrography). His photographs supported his and others’ beliefs that all snowflakes were unique.


[More from Mashable: 20+ Online Resources for Planning a Winter Getaway]


Bentley become fascinated with snow as a child on a Vermont farm. He later spent time experimenting with ways to view individual snowflakes and their crystalline structure, which eventually came in handy when he had to be quick enough to capture a flake in a picture before it melted.


These photographs quickly became popular with dozens of scientists who studied Bentley’s work and published the images in several scientific magazines. In 1903, Bentley sent about 500 of his photographs to the Smithsonian, hoping they would be of interest to Secretary Samuel P. Langley.


The Smithsonian now has his vintage pics on display, undeniably proveing that snow is just so, so pretty.


Gallery photos courtesy of Flickr, Smithsonian Institution. Thumbnail photo courtesy of Flickr, AMagill.


This story originally published on Mashable here.


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'Chainsaw 3-D' carves out No. 1 debut with $23M


LOS ANGELES (AP) — It took Leatherface and his chainsaw to chase tiny hobbit Bilbo Baggins out of the top spot at the box office.


Studio estimates Sunday show the horror sequel "Texas Chainsaw 3-D" at No. 1 with a $23 million debut. The follow-up to 1974's "The Texas Chainsaw Massacre" has masked killer Leatherface on the loose again.


Quentin Tarantino's revenge saga "Django Unchained" held on at No. 2 for a second-straight weekend with $20.1 million, raising its domestic total to $106.4 million.


After three weekends at No. 1, part one of Peter Jackson's "The Hobbit" trilogy slipped to third with $17.5 million. That lifts the domestic haul to $263.8 million for "The Hobbit," which also has topped $500 million overseas to raise its worldwide total to about $800 million.


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Despite New Health Law, Some See Sharp Rise in Premiums





Health insurance companies across the country are seeking and winning double-digit increases in premiums for some customers, even though one of the biggest objectives of the Obama administration’s health care law was to stem the rapid rise in insurance costs for consumers.







Bob Chamberlin/Los Angeles Times

Dave Jones, the California insurance commissioner, said some insurance companies could raise rates as much as they did before the law was enacted.







Particularly vulnerable to the high rates are small businesses and people who do not have employer-provided insurance and must buy it on their own.


In California, Aetna is proposing rate increases of as much as 22 percent, Anthem Blue Cross 26 percent and Blue Shield of California 20 percent for some of those policy holders, according to the insurers’ filings with the state for 2013. These rate requests are all the more striking after a 39 percent rise sought by Anthem Blue Cross in 2010 helped give impetus to the law, known as the Affordable Care Act, which was passed the same year and will not be fully in effect until 2014.


 In other states, like Florida and Ohio, insurers have been able to raise rates by at least 20 percent for some policy holders. The rate increases can amount to several hundred dollars a month.


The proposed increases compare with about 4 percent for families with employer-based policies.


Under the health care law, regulators are now required to review any request for a rate increase of 10 percent or more; the requests are posted on a federal Web site, healthcare.gov, along with regulators’ evaluations.


The review process not only reveals the sharp disparity in the rates themselves, it also demonstrates the striking difference between places like New York, one of the 37 states where legislatures have given regulators some authority to deny or roll back rates deemed excessive, and California, which is among the states that do not have that ability.


New York, for example, recently used its sweeping powers to hold rate increases for 2013 in the individual and small group markets to under 10 percent. California can review rate requests for technical errors but cannot deny rate increases.


The double-digit requests in some states are being made despite evidence that overall health care costs appear to have slowed in recent years, increasing in the single digits annually as many people put off treatment because of the weak economy. PricewaterhouseCoopers estimates that costs may increase just 7.5 percent next year, well below the rate increases being sought by some insurers. But the companies counter that medical costs for some policy holders are rising much faster than the average, suggesting they are in a sicker population. Federal regulators contend that premiums would be higher still without the law, which also sets limits on profits and administrative costs and provides for rebates if insurers exceed those limits.


Critics, like Dave Jones, the California insurance commissioner and one of two health plan regulators in that state, said that without a federal provision giving all regulators the ability to deny excessive rate increases, some insurance companies can raise rates as much as they did before the law was enacted.


“This is business as usual,” Mr. Jones said. “It’s a huge loophole in the Affordable Care Act,” he said.


While Mr. Jones has not yet weighed in on the insurers’ most recent requests, he is pushing for a state law that will give him that authority. Without legislative action, the state can only question the basis for the high rates, sometimes resulting in the insurer withdrawing or modifying the proposed rate increase.


The California insurers say they have no choice but to raise premiums if their underlying medical costs have increased. “We need these rates to even come reasonably close to covering the expenses of this population,” said Tom Epstein, a spokesman for Blue Shield of California. The insurer is requesting a range of increases, which average about 12 percent for 2013.


Although rates paid by employers are more closely tracked than rates for individuals and small businesses, policy experts say the law has probably kept at least some rates lower than they otherwise would have been.


“There’s no question that review of rates makes a difference, that it results in lower rates paid by consumers and small businesses,” said Larry Levitt, an executive at the Kaiser Family Foundation, which estimated in an October report that rate review was responsible for lowering premiums for one out of every five filings.


Federal officials say the law has resulted in significant savings. “The health care law includes new tools to hold insurers accountable for premium hikes and give rebates to consumers,” said Brian Cook, a spokesman for Medicare, which is helping to oversee the insurance reforms.


“Insurers have already paid $1.1 billion in rebates, and rate review programs have helped save consumers an additional $1 billion in lower premiums,” he said. If insurers collect premiums and do not spend at least 80 cents out of every dollar on care for their customers, the law requires them to refund the excess.


As a result of the review process, federal officials say, rates were reduced, on average, by nearly three percentage points, according to a report issued last September.


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Reality shows may put crews too close to cutting edge









Monica Martino had filmed tornadoes in the Midwest, ship collisions in the Antarctic and crab fishermen in Alaska's Bering Sea. But those experiences didn't prepare her for a terrifying nighttime boat ride in the Amazon jungle.


In February, the 41-year-old co-executive producer was thrown into a murky river after getting footage for "Bamazon," a series for the History cable channel about out-of-work Alabama construction workers mining for gold in the rain forest of Guyana.


Martino says the captain was blind in one eye and sailing too fast without a proper light. He lost control of the boat while making a hard turn, sending the crew into the river, where Martino was knocked out by the impact of hitting the water at high speed.






Pulled back into the boat, Martino regained consciousness. But on the journey back to base camp, the vessel struck a tree, slamming Martino into the deck. Although she sustained a concussion, bruised ribs and a badly torn shoulder, Martino said, she had to wait 19 hours to receive medical care at a clinic in Venezuela because the production company had no viable medical evacuation plan for the crew.


History and the production company, Red Line Films, declined to comment.


"It was a whole cascade of negligence," said Martino, who lives in Santa Monica. "We were put in a situation far beyond what any production crew should be expected to handle."


As reality TV has boomed over the last decade, action-adventure shows have become a lucrative niche in a medium hungry for high ratings. But the growth has also stirred concerns that some reality TV programs are cutting corners on safety, exposing cast and crew members to hazardous conditions.


A combination of tight budgets, lack of trained safety personnel and pressure to capture dramatic footage has caused serious and in some cases fatal incidents, according to interviews with television producers, safety consultants and labor advocates.


Even the companies that provide insurance to Hollywood films and TV shows are reluctant to write policies for some of the edgier programs.


"These reality shows are getting riskier to get more ratings,'' said Wendy Diaz, senior underwriting director for the entertainment division of Fireman's Fund Insurance, one of the leading insurance carriers that serve the entertainment industry.


Records from OSHA and the state Division of Occupational Safety and Health show fewer than a dozen citations and accidents involving reality TV sets in the last five years, including a fatality that occurred this summer in Colorado during production of a proposed Discovery Channel series. But union officials, safety consultants and producers say those numbers don't begin to reveal the true extent of the problem.


PHOTOS: Where the last seasons left off


Many incidents go unreported because crew members sign non-disclosure agreements and fear being blacklisted if they file lawsuits. Record-keeping is further muddled by the fact that many of the shows are nonunion, and workers are often classified as independent contractors. OSHA typically tracks only serious accidents involving employees and has no jurisdiction if the incident occurs in a foreign country such as Guyana.


"Reality has a lot of near-misses and things that happen that you never hear about," said Vanessa Holtgrewe, an industry veteran and former camera operator on "The Biggest Loser" and "The X Factor" who now works as an organizer for the International Alliance of Theatrical Stage Employees. "On a lot of these shows, you're completely on your own. There is no one you can call if … you feel you're in a dangerous situation."


State and federal OSHA officials declined to comment specifically on incidents involving the reality TV sector.


Fireman's Fund estimated that it would underwrite 160 action-adventure reality shows in 2012, a 25% increase over the previous year. But it passed on about 50 other reality TV programs because they were deemed too risky, Diaz said.


"We had people who wanted to go to Mexico to follow the drug cartels around," Diaz said. "We had one show where they were going to blow up a mine. We told them we wouldn't insure the show."


Reality series — which cover everything from "Survivor" to "Keeping Up With the Kardashians" — have provided a huge revenue stream for cable and broadcast networks. The shows have lower production costs than scripted entertainment and tend to attract the younger viewers favored by advertisers.


CRITIC'S NOTEBOOK: Try to believe in the new TV season





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Report: Lance Armstrong weighing doping confession













Lance Armstrong


Lance Armstrong reportedly is weighing confessing to using performance-enhancing drugs.
(Thao Nguyen / Associated Press / February 15, 2011)





































































Lance Armstrong reportedly is weighing confessing to using banned performance-enhancing drugs and blood transfusions during his run of seven Tour de France titles.


Armstrong, who was stripped in October of his Tour titles and banned for life from competition by the U.S. Anti-Doping Agency, is pursuing the admission as a route to regain his eligibility to compete, the New York Times first reported Friday.


Armstrong’s attorney, Tim Herman, told the newspaper, “I suppose anything is possible. Right now, that’s not really on the table.”





Citing pressure from the cancer-fighting charity he helped create, Livestrong, Armstrong, 41, reportedly has held discussions with his longtime nemesis, USADA Chief Executive Travis Tygart, in an attempt to negotiate a lifting of the ban, one person told the New York Times.


Armstrong has competed in triathlons and running events since his lifetime ban took effect.


Efforts to reach Tygart and Armstrong’s representatives Friday night were not immediately successful.


The World Anti-Doping Code allows for lightened punishment for those who fully detail their doping protocol in a confession.


Armstrong lost a slew of endorsement deals after he was banned, and any confession would probably leave him in jeopardy of perjury accusations since he has given sworn statements denying he used banned substances in prior legal cases.


ALSO:


Kansas City Chiefs, Andy Reid in negotiations


Ray Lewis, once shunned by Disney, reportedly near ESPN deal


Rex Ryan tattoo: woman wearing Sanchez jersey, possibly 'Tebowing'






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The Secret iPad List to Bring Down Boehener






When the failed House Republican revolution came, it came by iPad. Now that House Speaker John Boehner has survived the rebellion, all of D.C. now knows which conservative House members were conspiring to mount a challenge, thanks to a list that one of the coup’s leaders brandished on the House floor during the vote.


RELATED: United Nation Fights the ‘Asshole Factor’






A Politico photographer captured Rep. Tim Huelskamp of Kansas (pictured above), who Boehner had removed from a committee for refusing to cooperate, tapping his iPad during the roll call, checking off a list of names of other Congressmen he thought might join him in voting against Boehner. The list was titled, appropriately, “You would be fired if this goes out,” Politico’s Jake Sherman and John Bresnahan report. They hedge, “It’s not clear that any of the Republicans on Huelskamp’s list knew they were on it, or even knew of the list’s existence,” but let’s look at who were at least expected to vote against Boehner:


RELATED: Boehner Puts Down House Republican Coup


  • Steve King of Iowa

  • Cynthia Lummis of Wyoming

  • Paul Gosar of Arizona

  • Scott Garrett of New Jersey

  • Steve Fincher of Tennessee

  • Scott Desjarlais of Tennessee

Earlier this week, outgoing Louisiana Rep. Jeff Landry bragged to Breitbart News that the anti-Boehner ranks were 17 to 20 members strong, though in the end, only nine voted against their speaker, while two didn’t vote, and one voted present. Breitbart’s Matthew Boyle reports on Friday that there were several more names on Huelskamp‘s list:


RELATED: Boehner Was Afraid Issa Would Go Full Pumpkin-Shooter on His Holder Probe


  • Jeff Duncan of South Carolina

  • Mo Brooks of Alabama

  • Sam Graves of Missouri

  • Steve Southerland of Florida

  • Trey Gowdy of South Carolina

  • David Schweikert of Arizona

  • Tom Cotton of Arkansas

  • Brett Guthrie of Kentucky

Perhaps Huelskamp anticipated some would chicken out, since if some poor aide risked being “fired” for the list getting out, surely a House member might fear the wrath of Boehner for actually voting against him.


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'McDreamy' says he beat Starbucks for coffee chain


SEATTLE (AP) — "Grey's Anatomy" star Patrick Dempsey may be the real "McSteamy."


The actor, who was dubbed "McDreamy" as a star of the hospital drama while his co-star was called "McSteamy," may soon be serving hot, steaming cups of Joe.


Dempsey won a bankruptcy auction to buy Tully's Coffee, a small coffee chain based in Seattle. Among those he beat out is Tully's much bigger Seattle neighbor, Starbucks Corp., which is known for its ubiquitous white cups with a circular green mermaid logo.


Dempsey, whose company Global Baristas LLC plans to keep the Tully's name, declared victory on the social media site Twitter: "We met the green monster, looked her in the eye, and...SHE BLINKED! We got it! Thank you Seattle!


The win for Dempsey deals a rare setback for Starbucks on its home turf. Starbucks has long been both praised for bringing "coffeehouse culture" to the U.S. and criticized for crushing smaller chains. The coffee giant, which had planned to convert the Tully's cafes to its own brand, last month announced plans to expand its global footprint to 20,000 cafes over the next two years, up from the current 18,000.


Dempsey said in an interview on Friday that as the underdog in Seattle, Tully's will need to find its identity.


"It's a much smaller chain that has a lot of potential that hasn't been given the proper care," he said.


But in a statement shortly after the auction on Thursday, Starbucks insinuated that Dempsey shouldn't celebrate just yet.


Starbucks, which wanted to convert the Tully's cafes to its own brand, said that a final determination on the winning bid won't be made until a court hearing on Jan. 11. Starbucks said it's in a "backup" position" to buy 25 of the 47 Tully's cafes, with another undisclosed bidder making an offer for the remainder.


The combined bids of Starbucks and the undisclosed bidder come to $10.6 million, above the $9.2 million Dempsey's company is offering to pay through his company, which was formed in order to purchase Tully's. The other investors in Global Baristas aren't being disclosed.


Tully's Coffee, which is known for serving Joe with a milder taste than Starbucks brand, filed for Chapter 11 bankruptcy protection in October, citing lease obligations and underperforming stores. Tully's wholesale business, which includes Tully's Coffee in bags and single serve K-cup packs that are sold in supermarkets and other stores, is owned separately by Green Mountain Coffee Roasters Inc.


TC Global Inc., the parent company of Tully's, said in a release Friday that it was "encouraged and excited" about Dempsey's commitment to the chain.


Tully's President and CEO Scott Pearson called the deal a "great match" and that the goal is to make sure creditors get paid and to keep as many people employed as possible.


A bankruptcy court document signed late Friday by Pearson and Dempsey said TC Global had determined that Global Baristas submitted the successful bid.


"With this court filing, it's official - our group has been chosen as the successful bidder," Dempsey said in a statement. "We look forward to the court's final approval on Jan. 11."


Earlier in the day, Dempsey said he planned to be very involved in the running of the company, adding that the immediate challenges were to address bookkeeping issues, staff morale and sprucing up the coffee shops. Once the business is stabilized, Dempsey said the long-term goal would be to take the chain national.


"We can pull this off. We just have to take steps that are slow and smart," he said. "I'm going to get behind the counter. I'm going to serve coffee...I'm going to give the company a boost of energy."


Although Dempsey lives in Los Angeles, he plans to spend more time in Seattle, the city where "Grey's Anatomy" is set in. Dempsey said he believed there is room in the city for Tully's and the much larger Starbucks; he noted there might be people who are rooting for the underdog.


"In a society where there are so many big corporations that swallow the little guy, we thought, let's not let this happen to this company," he said.


Dempsey made an appearance Friday morning at a Tully's near Pike Place Market, shaking hands with workers and greeting customers before visiting other stores. Several dozen people, mostly women, came into the store.


Patrease Estelle, 45, works nearby, and came in with a small group from her office.


"I will take whatever I can get. A photo, a hug, a 'hey, how you doing,' a wink," said Estelle, who got a picture and handshake with the actor.


___


Blankinship reported from Seattle and Choi from New York.


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The New Old Age: Murray Span, 1922-2012

One consequence of our elders’ extended lifespans is that we half expect them to keep chugging along forever. My father, a busy yoga practitioner and blackjack player, celebrated his 90th birthday in September in reasonably good health.

So when I had the sad task of letting people know that Murray Span died on Dec. 8, after just a few days’ illness, the primary response was disbelief. “No! I just talked to him Tuesday! He was fine!”

And he was. We’d gone out for lunch on Saturday, our usual routine, and he demolished a whole stack of blueberry pancakes.

But on Wednesday, he called to say he had bad abdominal pain and had hardly slept. The nurses at his facility were on the case; his geriatrician prescribed a clear liquid diet.

Like many in his generation, my dad tended towards stoicism. When he said, the following morning, “the pain is terrible,” that meant agony. I drove over.

His doctor shared our preference for conservative treatment. For patients at advanced ages, hospitals and emergency rooms can become perilous places. My dad had come through a July heart attack in good shape, but he had also signed a do-not-resuscitate order. He saw evidence all around him that eventually the body fails and life can become a torturous series of health crises and hospitalizations from which one never truly rebounds.

So over the next two days we tried to relieve his pain at home. He had abdominal x-rays that showed some kind of obstruction. He tried laxatives and enemas and Tylenol, to no effect. He couldn’t sleep.

On Friday, we agreed to go to the emergency room for a CT scan. Maybe, I thought, there’s a simple fix, even for a 90-year-old with diabetes and heart disease. But I carried his advance directives in my bag, because you never know.

When it is someone else’s narrative, it’s easier to see where things go off the rails, where a loving family authorizes procedures whose risks outweigh their benefits.

But when it’s your father groaning on the gurney, the conveyor belt of contemporary medicine can sweep you along, one incremental decision at a time.

All I wanted was for him to stop hurting, so it seemed reasonable to permit an IV for hydration and pain relief and a thin oxygen tube tucked beneath his nose.

Then, after Dad drank the first of two big containers of contrast liquid needed for his scan, his breathing grew phlegmy and labored. His geriatrician arrived and urged the insertion of a nasogastric tube to suck out all the liquid Dad had just downed.

His blood oxygen levels dropped, so there were soon two doctors and two nurses suctioning his throat until he gagged and fastening an oxygen mask over his nose and mouth.

At one point, I looked at my poor father, still in pain despite all the apparatus, and thought, “This is what suffering looks like.” I despaired, convinced I had failed in my most basic responsibility.

“I’m just so tired,” Dad told me, more than once. “There are too many things going wrong.”

Let me abridge this long story. The scan showed evidence of a perforation of some sort, among other abnormalities. A chest X-ray indicated pneumonia in both lungs. I spoke with Dad’s doctor, with the E.R. doc, with a friend who is a prominent geriatrician.

These are always profound decisions, and I’m sure that, given the number of unknowns, other people might have made other choices. Fortunately, I didn’t have to decide; I could ask my still-lucid father.

I leaned close to his good ear, the one with the hearing aid, and told him about the pneumonia, about the second CT scan the radiologist wanted, about antibiotics. “Or, we can stop all this and go home and call hospice,” I said.

He had seen my daughter earlier that day (and asked her about the hockey strike), and my sister and her son were en route. The important hands had been clasped, or soon would be.

He knew what hospice meant; its nurses and aides helped us care for my mother as she died. “Call hospice,” he said. We tiffed a bit about whether to have hospice care in his apartment or mine. I told his doctors we wanted comfort care only.

As in a film run backwards, the tubes came out, the oxygen mask came off. Then we settled in for a night in a hospital room while I called hospices — and a handyman to move the furniture out of my dining room, so I could install his hospital bed there.

In between, I assured my father that I was there, that we were taking care of him, that he didn’t have to worry. For the first few hours after the morphine began, finally seeming to ease his pain, he could respond, “OK.” Then, he couldn’t.

The next morning, as I awaited the hospital case manager to arrange the hospice transfer, my father stopped breathing.

We held his funeral at the South Jersey synagogue where he’d had his belated bar mitzvah at age 88, and buried him next to my mother in a small Jewish cemetery in the countryside. I’d written a fair amount about him here, so I thought readers might want to know.

We weren’t ready, if anyone ever really is, but in our sorrow, my sister and I recite this mantra: 90 good years, four bad days. That’s a ratio any of us might choose.


Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”

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