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SAN DIEGO (CNS) - San Diego-based medical equipment manufacturer ResMed Corp. has agreed to pay more than .5 million to resolve allegations that it paid kickbacks to suppliers, sleeps labs and other health care providers in exchange for referrals and prescriptions for its products, the Department of Justice announced Wednesday.The government accused ResMed of violating the Anti-Kickback Statute of the False Claims Act by providing free or below-cost medical equipment to companies in several states. Court documents state that ResMed's products -- which treat sleep apnea and other sleep disorders -- were provided to companies that in some cases began writing prescriptions to their patients entirely for ResMed equipment.Prosecutors say some examples of ResMed kickbacks included free home sleep testing devices, free or below-cost positive airway pressure masks and diagnostic machines, and free telephone call center and patient outreach services that allowed the companies to order resupplies for sleep apnea patients.RELATED: San Diego suing SDG&E for allegedly delaying pure water projectThe settlement agreement resolves five lawsuits filed by whistleblowers, who will collectively receive around .2 million out of the total settlement."Paying any type of illegal remuneration to induce patient referrals undermines the integrity of our nation's health care system," said Assistant Attorney General Jody Hunt. "When a patient receives a prescription for a device to treat a health care condition, the patient deserves to know that the device was selected based on quality of care considerations and not on unlawful payments from equipment manufacturers." 1679

SAN DIEGO (CNS) - The San Diego chapter of the Surfrider Foundation announced Tuesday that it sent more than 2,200 letters from county residents to federal, state and local leaders calling for the prioritization of addressing toxic waste and pollution in the Tijuana River and coastal waters in south county.The organization said it sent letters to, among other people, President Donald Trump, Gov. Gavin Newsom, senators Kamala Harris and Dianne Feinstein, U.S. Environmental Protection Agency Office of International and Tribal Affairs Assistant Administrator William Charles "Chad" McIntosh, the county Board of Supervisors and the entirety of San Diego County's congressional delegation.The letters include a call to clean up contaminated water in the Tijuana River and near the U.S.-Mexico border that has resulted in closure of the Tijuana Slough and Imperial Beach shorelines for 190 days and 50 days, respectively, so far this year. Those numbers are likely to increase as rainfall later in the year typically exacerbates any contamination.The organization and the letters also call on the federal government to include Clean Water Act provisions in the U.S.-Mexico-Canada Agreement, a replacement trade deal for the North American Free Trade Agreement that went into effect in 1994."During the month of September there have been four transboundary flow reports issued by the International Boundary and Water Commission, totaling about 120 million gallons of treated and untreated wastewater that funneled into the Tijuana River and into the Pacific Ocean," the organization said in a statement.Transborder pollution from the Tijuana River has contaminated U.S. waters and coastlines for decades, forcing the county to regularly close beach access near the border. During that time, local and state officials and environmental activists have called for federal assistance to protect the health of the environment and residents near the border.In July, Reps. Juan Vargas, D-San Diego; Scott Peters, D-San Diego; and Mike Levin, D-Oceanside, introduced legislation to increase funding for Tijuana River clean-up efforts and prevention of future pollution. In April, Harris and Feinstein submitted a jointly written letter to multiple federal agencies requesting they address sewage runoff in the river.Surfrider and the city of San Diego have also filed lawsuits against the U.S. section of the International Boundary and Water Commission, which oversees waterways that traverse the border. The lawsuits argue that the UBWC has neglected pollution in the river and its effect on the environment."Now is the time to continue to elevate this dire issue," said Bethany Case, co-lead of the organization's Clean Border Water Now campaign. "We need the support of our highest levels of government." 2807

SAN DIEGO (CNS) - The San Diego County Health and Human Services Agency announced Tuesday that it will make its inclement weather shelter program available to homeless residents in the county's unincorporated areas. The agency's Housing and Community Development Services division activates the shelter when rain is expected for at least two days, reaches two inches in a 24-hour period or when a storm includes a threat of flash flooding. County officials monitor seven unincorporated zones to determine when to activate the shelter program. Homeless residents can contact 211 San Diego between noon and 7 p.m. to be connected to a shelter provider. In some cases, residents are eligible to receive assistance with transportation to an inclement weather shelter. Check 10News Pinpoint Weather storm conditions``By calling 211 people will be directed to the correct program and place,'' Housing and Community Development Services Director David Estrella said. ``We instituted the program because we know that when people are exposed to inclement weather, they are more likely to experience health issues that could be life-threatening.'' 1145

SAN DIEGO (CNS) -- The first woman to assume command of a U.S. nuclear-powered aircraft carrier has been assigned command of the San Diego-based USS Abraham Lincoln, the Navy announced Wednesday.Capt. Amy Bauernschmidt will lead one of the Navy's 11 nuclear-powered aircraft carriers, after previously serving as the ship's executive officer from September 2016 to January 2019.That post was also historic, as she was the first woman to serve as second-in-command aboard an aircraft carrier, according to the Navy.Bauernschmidt is slated to take command of USS Abraham Lincoln this summer."I am incredibly honored and humbled to be selected," she said of her assignment. ``I love leading sailors and I take that responsibility extremely seriously."The Milwaukee native was part of the first graduating class in which women were allowed to serve aboard combatant ships and aircraft when she graduated from the United States Naval Academy in May 1994.She was designated as a naval aviator in 1996 and has served with several helicopter squadrons throughout her career. 1074

SAN DIEGO (CNS) - The family of a 19-year-old San Diego State University student who died after falling from his bunk bed and striking his head following a night of drinking has filed a wrongful death lawsuit against several defendants, including the university, the fraternity he was pledging for, and the manufacturer of the bed he fell from.The lawsuit filed last week in San Diego Superior Court alleges Dylan Hernandez was hazed by members of Phi Gamma Delta just prior to his death, and that fraternity members not only failed to obtain medical attention for him after he became extremely intoxicated, but also attempted to hide evidence of misconduct following his fatal fall.Hernandez fell from his bed on Nov. 7, 2019, and died in a hospital the following day.RELATED: Investigation completed into death of SDSU student who died after fall from bedThe lawsuit alleges he attended a "Big Brother, Little Brother" fraternity event that had pledges "screamed at and demeaned, beaten with paddles and hands, and forced to consume shots of vodka and rum to the point of intoxication."Following his hospitalization, the lawsuit alleges Phi Gamma Delta members instructed others to remove incriminating material from their cell phones and in group chats, members were told to "Keep your mouths shut!" and "Just remember, Silence is Golden!"Representatives with Phi Gamma Delta did not respond to a request for comment.RELATED: Autopsy report of SDSU student who died after fall from bed releasedIts national office permanently suspended its SDSU chapter in August and SDSU expelled the fraternity until 2030.In July, it was announced that no criminal charges would be pursued in connection with Hernandez's death, which was ruled accidental. A joint statement released by the university's police department and the San Diego County District Attorney's Office stated there was "no basis" for manslaughter or hazing charges.Investigators said there were no injuries on Hernandez's body "that appeared consistent with hazing, and no evidence of student group activities likely to cause serious bodily injury or death, which is statutorily required to prove hazing." Other than Hernandez's "devastating head injuries," the only other wound to his body was an abrasion on his thigh, officials said.RELATED: San Diego State suspends 14 fraternities after student is hospitalizedOne month after that statement was released, Rob Caudill, the fraternity's executive director, sent SDSU a letter announcing the chapter's closure, stating the SDSU chapter had been found guilty of violating fraternity bylaws, including hazing, drug use and violations related to alcohol misuse.SDSU representatives said the university could not comment as it had not yet seen the lawsuit, but pointed to steps the university has taken to combat hazing activities on campus in the wake of Hernandez's death. These include the formations of two task forces examining student activities and alcohol/substance abuse. Task force recommendations led to the implementation of a Good Samaritan Policy, in which student organizations are encouraged to report concerns about student health and safety, and a Hazing Prevention Task Force that held its first meeting this fall.Hernandez's family alleges SDSU was aware of prior hazing issues involving Phi Gamma Delta and failed to properly discipline the fraternity for such activities. The family alleges SDSU was aware of prior instances when Phi Gamma Delta pledges were hazed or hospitalized for excessive drinking.The family also alleges the school created an unsafe environment in the Tenochca Residence Hall where Hernandez suffered the fatal fall by furnishing its rooms with bunk beds that didn't meet minimum safety standards.In suing SDSU and the bunk bed manufacturer, Foliot Furniture Pacific, the family alleges the beds featured "safety rails" that were defective, and contributed to 550,000 deaths nationwide over a 16-year period and 10 injuries at SDSU between 2017 and 2019. 4015