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A wrongful death lawsuit has been filed against the NBA in the death of Zeke Upshaw, who collapsed and died suddenly during the final minutes of a March 24 game.Attorneys Ben Crump and Bob Hillard filed the lawsuit on behalf of Upshaw's mother, Jewel at the United States District Court for the Southern District of New York on Wednesday. The lawsuit stems from a March 24 game where Upshaw, who played for the Detroit Pistons' developmental league affiliate Grand Rapids Drive, collapsed and entered full cardiac arrest. According to the lawsuit, for over five minutes, no life-saving measure was taken to address Upshaw's condition. Upshaw, who was 26 years old at the time, was then kept on life support for two days and then died. "When the otherwise healthy heart of a professional NBA athlete suddenly stops during a game there is absolutely no reason, in 2018, that his heart cannot be immediately restarted," Hillard said. "No attempts were made to save Zeke Upshaw's life. No CPR, no defibrillation, nothing. This is the tragedy of this case, Zeke should be alive today, the human consequences are difficult to quantify."Changes must come to the NBA and we are bringing the lawsuit to cause those changes. No other young man should have to die on a basketball court again," he added.According to a release, the lawsuit is filed against the NBA, the Detroit Pistons and SSJ Group (team owners), and the owners of the Grand Rapids Drive and the Deltaplex arena.   1543

After struggling to ramp up coronavirus testing, the U.S. can now screen several million people daily, thanks to a growing supply of rapid tests. But the boom comes with a new challenge: keeping track of the results.All U.S. testing sites are legally required to report their results, positive and negative, to public health agencies. But state health officials say many rapid tests are going unreported, which means some new COVID-19 infections may not be counted.And the situation could get worse, experts say. The federal government is shipping more than 100 million of the newest rapid tests to states for use in public schools, assisted living centers and other new testing sites.“Schools certainly don’t have the capacity to report these tests,” said Dr. Jeffrey Engel of the Council of State and Territorial Epidemiologists. “If it’s done at all it’s likely going to be paper-based, very slow and incomplete.”Early in the outbreak, nearly all U.S. testing relied on genetic tests that could only be developed at high-tech laboratories. Even under the best circumstances, people had to wait about two to three days to get results. Experts pushed for more “point-of-care” rapid testing that could be done in doctors offices, clinics and other sites to quickly find people who are infected, get them into quarantine and stop the spread.Beginning in the summer, cheaper, 15-minute tests — which detect viral proteins called antigens on a nasal swab — became available. The first versions still needed to be processed using portable readers. The millions of new tests from Abbott Laboratories now going out to states are even easier to use: they’re about the size of a credit card and can be developed with a few drops of chemical solution.Federal health officials say about half of the nation’s daily testing capacity now consists of rapid tests.Large hospitals and laboratories electronically feed their results to state health departments, but there is no standardized way to report the rapid tests that are often done elsewhere. And state officials have often been unable to track where these tests are being shipped and whether results are being reported.In Minnesota, officials created a special team to try and get more testing data from nursing homes, schools and other newer testing sites, only to be deluged by faxes and paper files.“It’s definitely a challenge because now we have to do many more things manually than we were with electronic reporting,” said Kristen Ehresmann, of the Minnesota Department of Health.Even before Abbott’s newest BinaxNOW rapid tests hit the market last month, undercounting was a concern.Competitors Quidel and Becton Dickinson have together shipped well over 35 million of their own quick tests since June. But that massive influx of tests hasn’t showed up in national testing numbers, which have mostly ranged between 750,000 and 950,000 daily tests for months.Besides tallying new cases, COVID-19 testing numbers are used to calculate a key metric on the outbreak: the percentage of tests positive for COVID-19. The World Health Organization recommends countries test enough people to drive their percent of positives below 5%. And the U.S. has mostly been hovering around or below that rate since mid-September, a point that President Donald Trump and his top aides have touted to argue that the nation has turned the corner on the outbreak. The figure is down from a peak of 22% in April.But some disease-tracking specialists are skeptical. Engel said his group’s members think they aren’t getting all the results.“So it may be a false conclusion,” he said.One of the challenges to an accurate count: States have wildly different approaches. Some states lump all types of tests together in one report, some don’t tabulate the quick antigen tests at all and others don’t publicize their system. Because antigen tests are more prone to false negatives and sometimes require retesting, most health experts say they should be recorded and analyzed separately. But currently the vast majority of states do not do that and post the results online.The federal government is allocating the tests to states based on their population, rather than helping them develop a strategy based on the size and severity of their outbreaks.“That’s just lazy” said Dr. Michael Mina of Harvard University. “Most states won’t have the expertise to figure out how to use these most appropriately.”Instead, Mina said the federal government should direct the limited test supplies to key hot spots around the country, driving down infections in the hardest-hit communities. Keeping tighter control would also ensure test results are quickly reported.Johns Hopkins University researcher Gigi Gronvall agrees health officials need to carefully consider where and when to deploy the tests. Eventually, methods for tracking the tests will catch up, she said.“I think having the tools to determine if someone is infectious is a higher priority,” she said.___AP data journalist Nicky Forster contributed to this story___Follow Matthew Perrone on Twitter: @AP_FDAwriter___The Associated Press Health and Science Department receives support from the Howard Hughes Medical Institute’s Department of Science Education. The AP is solely responsible for all content. 5285

After months of turmoil and speculation, the popular subscription-based movie ticketing service MoviePass appears to be on its last legs.Subscriptions boomed when MoviePass introduced a flat rate of .95 last summer. But majority owner Helios and Matheson Analytics warned in April that it needed more funding, and the stock won't stop falling.Now MoviePass is raising prices and cutting access to blockbuster movies.So what's next for the service and how will this affect its subscribers? Here's what we know so far. 526

Actress Tamera Mowry-Housley was active on social media on Thursday looking for help locating her and husband's niece Alaina Housley who was presumably at the California bar where a gunman killed 12 before taking his own life. Late Thursday morning, the couple confirmed to NBC News that Alaina Housley was among the 12 killed. "Our hearts are broken. We just learned that our niece Alaina was one of the victims of last night’s shooting at Borderline bar in Thousand Oaks," the couple said in a joint statement to NBC. "Alaina was an incredible young woman with so much life ahead of her and we are devastated that her life was cut short in this manner. We thank everyone for your prayers and ask for privacy at this time."Mowry-Housley's social media thread hours after the late-night shooting shows the frantic nature of trying to gather information of loved ones after mass shootings. The shooting took place before midnight late Wednesday night, and Mowry-Housley's Instagram post came more than nine hours later. Mowry-Housley's sister Tia Mowry was also active on social media trying to gather information. "Alaina Housely we are praying," Tia Mowry wrote in Instagram Thursday morning. "We love u! If you know anything or any information please let us know. We love you! #borderline"Earlier on Thursday morning, Alaina Housley's roommate had posted a plea on Twitter trying to find information on her roommate. Mowry-Housley responded to her niece's roommate and went to Twitter looking for any information she could gather on her niece. Mowry-Housley's husband Adam Housley then went to a California hospital in search of their niece. The Los Angeles Times reported that he was turned away by guards at the hospital. “My gut is saying she’s inside the bar, dead. I’m hoping I’m wrong,” he told the LA Times. He added that his niece's Apple Watch and iPhone locators were tracked to the bar's dance floor. The Los Angeles Times reported that Alaina Housley was 18 years old and a freshman at Pepperdine University. Pepperdine confirmed that 16 of its students were at the bar at the time of the shooting, and there was one unaccounted for as of late Wednesday morning.  2335

About seven minutes after Sacramento police fatally shot an unarmed black man in his grandmother's backyard last week, officers were instructed to mute their body cameras.Stephon Clark, 22, was in the backyard March 18 when two police officers shot him 20 times. Police said they thought he was holding a gun. But investigators say they did not find a weapon at the scene, only a cellphone near the man's body.The Sacramento Police Department on Wednesday released two body camera videos, the 911 call, the helicopter footage and radio traffic from the shooting.In both videos, an officer can be heard saying, "Hey, mute." Directly after, the video goes silent and officers talk among themselves.'It builds suspicion'The shooting has sparked nationwide outrage, with the muting of the body cameras raising questions about the officers' actions. CNN has called and emailed the police department, but has not heard back.Sacramento Police Chief Daniel Hahn told CNN affiliate KCRA that the action has added to the tension after the shooting."Muting is one of those things that we have to take a look at," Hahn said. "Any time there is muting on this camera, it builds suspicion -- as it has in this case. And that is not healthy for us in our relationship with our community."Although the Sacramento Police Department's 2016 body camera policy designates when to activate body cameras, it does not specifically mention when to activate or deactivate sound or audio recordings. Sacramento police, Hahn said, implemented body cameras last year.When can officers deactivate body cameras?The department policy includes 16 instances when a body camera is required to be activated, including vehicle stops and sobriety tests as well as foot and vehicle pursuits.It says employees can deactivate their cameras in some instances, but that's based on their discretion. These instances may occur when officers are having tactical or confidential conversations, when officers are trying to conserve battery life or if a witness or victim refuses to give a statement on camera, according to the policy.Some situations are also based on the officer's judgment, like if a recording would interfere with the officer's ability to investigate or if recording would be inappropriate based on the victim or witness' physical condition and emotional state.However, it's unclear whether deactivating a body camera or muting are different things."I think it's a policy we should look at very carefully and perhaps change entirely," Mayor Darrell Steinberg said during a news conference Friday.Expert: Muting can be justified at timesPeter Bibring, director of police practices with ACLU Southern California, said he's never heard of a department where an officer muted video."Just because an officer thinks this shouldn't be released," that's not a discussion officers should be having, he said. "Officers should not be having personal conversations during the course of an investigation. And that's certainly not what was going on here."Seth W. Stoughton, assistant professor of law at the University of South Carolina School of Law, has done research, presentations and led training on body cameras for the past two years. He said he'd be surprised if muting cameras was illegal, but said he understands why officers would mute their video."They were in a situation where they didn't want a word to be scrutinized," he said.The inclination among officers, Stoughton said, is not to record footage of an officer unwinding moments after a shooting because officers may not phrase things in the right way.However, he said, muting hurts public trust and diminishes police accountability."I think that muting the microphone is wrong," Stoughton said. "By not capturing that information, they may be undermining the investigation."A different perspectiveWhen officers mute body cameras, Stoughton said, the public looks at it from a different perspective."From a public trust perspective, it may have been better to not have a body camera at all than to have it and turn it off halfway through," he said.Body cameras provide information that the public wouldn't otherwise have, but "it's not perfect information," Stoughton said.There is no statewide body camera policy in California, so body camera policies differ from agency to agency, said Jeff Noble, a police practice consultant and a former deputy police chief in Irvine, California."The cameras served the goal that we put body cameras out for, they were on and activated during the chase and during the shooting," Noble said. 4598