<Date: March 28, 2012>

<Time: 07:30>

<Tran: 032802cb.410>

<Type: Show>

<Head: For March 28, 2012, CBS>

<Sect: News; Domestic>

<Byline: Charlie Rose, Erica Hill, Gayle King, Mark Strassman, Chip


Elaine Quijano, Rebecca Jarvis>

<Guest: Nancy Metcalf>

<High: More marches and rallies are planned today in support of


Martin, the Florida teen who was shot and killed by a neighborhood


volunteer last month. Chapel Hill, North Carolina, home of the Tar


made history this week. It is the first community in the country to

ban all

cell phone use while driving, hand-held and hands-free. You may not


taking a drug that hasn't been tested for safety. So then why would


implant devices into a person's body when those devices have had

little or

no testing? We have the results this morning of a revealing new


<Spec: Trayvon Martin; Death; Florida; Sanford; George Zimmerman;


Policies; Cellular Phones; North Carolina; Automobiles; Health and


DAVID LETTERMAN (Late Show, Worldwide Pants, INC): Anybody here really

want a picture, even if it's free? Once your picture taken with Newt

Gingrich, honest to God, does Newt have to be in the photo? Number

two, what would Rick Santorum think of this idea?

RICK SANTORUM (R-Presidential Candidate): It's (expletive deleted).


ERICA HILL: Nice-- morning laugh--


ERICA HILL: --from our friends down the street there.


ERICA HILL: More marches and rallies are planned today in support of

Trayvon Martin, the Florida teen who was shot and killed by a

neighborhood watch volunteer last month. That volunteer is still free.

But we're now told police nearly arrested him after the shooting. Mark

Strassmann is in Sanford, Florida, this morning with the latest. Mark,

good morning.

MARK STRASSMANN (CBS News Correspondent): Good morning, Erica. What's

clear here is that the special prosecutor and her team are pretty much

starting from scratch. Sanford police were never able to build a

criminal case against George Zimmerman that the original prosecutor

thought was winnable, so Trayvon Martin's parents are still waiting

for answers.

(Begin VT)

MARK STRASSMANN: Trayvon Martin's frustrated parents took their plea

for justice to Washington, Tuesday. At a congressional forum on

neighborhood watch groups and racial profiling, they thanked

Democratic lawmakers for their support.

SYBRINA FULTON (Trayvon's Martin): As I've said before and I'll say it

again--Trayvon was our son, but Trayvon is your son.

MARK STRASSMANN: The seventeen-year-old Martin's has been dead for a

month and George Zimmerman, his admitted killer, still remains free.

The crime watch volunteer told police Martin beat him and that he was

forced to shoot the unarmed teen in self-defense. Lead investigator

Chris Serino seen here on the right had pursued manslaughter charges,

but was told there wasn't enough evidence. Now acting Sanford Police

Chief Darren Scott is trying to calm a firestorm of criticisms that

race played a role?

DARREN SCOTT (Acting Sanford Police Chief): And I will like to answer

the questions here, but investigation I will not comment on it this


MARK STRASSMANN: Scott says the new special prosecutor won't let him

talk publicly about the case.

Can you afford to wait until the end of this investigation to reassure

people in this community that justice will be served regardless of


DARREN SCOTT: It is not in the police department's hands right now,

okay? I can't pass judgment on anyone right now, so we are going to

allow the outcome of this investigation.

MARK STRASSMANN: But to Martin's angry parents and their lawyer, Ben

Crump, this is double-standard justice.

BEN CRUMP (Attorney for Tracy Martin and Sybrina Fulton): It's bad

when George Zimmerman makes a bad decision and do things for racial

implications. It's a tragedy when our institution of law enforcement

do it because that's all we have to believe in. you know, if that

fails us, then what can his parents do? What are they left to do?

(End VT)

MARK STRASSMANN: Behind all the rallies and all the noise for Trayvon

Martin, the special prosecutor and her team of investigators are

quietly re-interviewing witnesses, going over evidence, seeing what's

there. And all of that could take weeks.

ERICA HILL: Mark, thank you.

For the first time an all-out ban on cell phone use is on the books.

We'll visit Chapel Hill, North Carolina, and show you why some people

say the new law is far too strict. You're watching CBS THIS MORNING.


JAY LENO (The Tonight Show, NBC): So tell me about vice president,

what are you looking forward?

MITT ROMNEY (The Tonight Show, NBC): I haven't actually put a list

together at this stage.

JAY LENO (The Tonight Show, NBC): Come on.

MITT ROMNEY (The Tonight Show, NBC): Would be presumptuous all right?

Number one.

JAY LENO (The Tonight Show, NBC): I'm not even with the like with the

wife, you know, honey? Really it's never come up? I'm not even running

and I discuss it with my wife. So you haven't thought of--jeez. I'll

tell you what.

MITT ROMNEY (The Tonight Show, NBC): I'll tell you what, I'll tell you

what, I can do you a favor with this. I'll choose David Letterman. We

can help us both from that.

JAY LENO (The Tonight Show, NBC): Well, there you go, there you go--

very well, anyway.

CHARLIE ROSE: Chapel Hill, North Carolina, home of the Tar Heels, made

history this week. It is the first community in the country to ban all

cell phone use while driving, hand-held and hands-free.

ERICA HILL: Officials around the nation are paying close attention to

this local decision which is, as you might imagine, causing quite a

stir. National correspondent Chip Reid is in Washington this morning.

Chip, good morning.

CHIP REID (CBS News National Correspondent): Well, good morning, Erica

and Charlie. You know, they debated this in Chapel Hill for two years

and in the end it barely passed. And they're hoping it will spread to

other cities and towns all across the country.

(Begin VT)

CHIP REID: You're looking at the nerve center--

DAVE COTTON: Hey, how you doing?

CHIP REID: --of Dave Cotton's business. Cotton runs his company from

his car, responding to fire and water emergencies in Chapel Hill,

North Carolina.

DAVE COTTON: When a disaster happens, someone needs us, that phone


CHIP REID: He calls his cell phone his lifeline, which is why he

doesn't like Chapel Hill's decision to ban drivers from using cell

phones behind the wheel, even a hands-free device.

DAVE COTTON: I respect the fact that they've got a ban on these cell

phones. But not when you get to the situation where you can't even

have, you know, use a Bluetooth.

CHIP REID: The change came Monday night when the town council got just

enough votes--

MAN: All those in favor raise your right hand.

CHIP REID: --to approve the ban. Beginning in June, drivers caught

breaking the new law will be fined twenty-five dollars. Police can

only charge drivers when they're stopped for something else first.

There is an exception for emergency calls and calls with a spouse,

parent, or child.

PENNY RICH (Chapel Hill Town Council): This is a safety and welfare

issue for our town. That is why I support this.

CHIP REID: Chapel Hill's law goes further than any other in the

country. No state bans all cell phone use. Nine make it illegal for

drivers to use a handheld device. Thirty states ban most teens from

talking on the phone while driving. Research shows that talking on a

hands-free phone while driving can be just as dangerous as talking on

a handheld.

DEBORAH HERSMAN (National Transportation Safety Board Chairwoman): I

really have to salute Chapel Hill for the leadership role that they've

taken in this debate.

CHIP REID: Deborah Hersman with the National Transportation Safety

Board led the charge last year when the government agency called for a

nationwide ban on all cell phones while driving.

DEBORAH HERSMAN: We know that you can save lives. You can prevent

injuries if you-- if you hang up.

CHIP REID: Just don't tell that to Dave Cotton who's worried about the

government encroaching on his mobile office.

DAVE COTTON: And then how far are they going to take it if my GPS is

on our cell phones? I mean is that illegal use?

(End VT)

CHIP REID: Now even the federal government is divided on this issue,

yes, the NTSB opposes all cell phone use while driving. But the

secretary of transportation has said it's okay to use a phone so long

as it's not handheld. And, Charlie and Erica, as we all know, even

among friends and in families, this is a subject of hot debate.

ERICA HILL: Indeed, it is. Chip, thank you.

You know, it's interesting, Charlie, as we've looked at this issue so

many times over the years, there've been multiple studies that have

found, in some cases it's not even the fact of holding it, it's the

distraction of the conversation and studies have found that

distraction with another person in the car or even just listening to

the radio are equally distracting to that one you're having on a cell

phone. So clearly the debate is ongoing.

CHARLIE ROSE: And the distraction is the thing to worry about?



ERICA HILL: Focused. We are focused on your weather now at 7:41.

Here's a look at your local weather.


ERICA HILL: You may not risk taking a drug that hasn't been tested for

safety. So then why would doctors implant devices into a person's body

when those devices have had little or no testing? We have the results

this morning of a revealing new investigation. Stay with us. You're



ERICA HILL: Love that song.

CHARLIE ROSE: The chances are you know someone with an artificial hip

or some other medical implant and you would assume those products are

rigorously tested to make sure they're safe.

ERICA HILL: But a new Consumer Reports investigation just out this

morning shows it is rarely the case. Elaine Quijano has one woman's


(Begin VT)

ELAINE QUIJANO: After developing severe arthritis, fifty-six-year-old

Terry Sagalow (ph) had her left hip replaced in 2007. At first

everything seemed fine but not for long.

TERRY SAGALOW: When I got home and after a couple of weeks, I

started--the leg started to-- to hurt.

ELAINE QUIJANO: Despite the pain in her left hip, Terry needed her

right hip replaced two years later--then a bombshell. The manufacturer

called DePuy was recalling all ninety-three thousand of the artificial

hips worldwide.

TERRY SAGALOW: I had both hips were being recalled.

ELAINE QUIJANO: The hips, which are all metal, have a high failure

rate and metals from the implants can seep into the bloodstream,

that's linked to an increased cancer risk, problems with eyesight and

hearing, and other complications. And it's not just hips that are

failing. According to an investigation by Consumer Reports, most

medical implants have never been tested for safety. That doesn't

surprise Doctor Steven Nissen.

DR. STEVEN NISSEN (Cleveland Clinic): There is a consistent pattern of

failures in medical devices.

ELAINE QUIJANO: He co-authored a separate report that found more than

twenty-eight hundred people died in 2006 because of faulty devices.

DR. STEVEN NISSEN: I think people make the assumption that when their

doctor implants a device, whether it be an artificial joint or a

pacemaker, that it's undergone very rigorous testing and that

assumption isn't always true.

ELAINE QUIJANO: In a statement to CBS News, DePuy says, "Dozens of

tests and studies relating to the design, materials, and performance

of components of their recalled hips were conducted" and point out

that the hips were "cleared for marketing by the FDA." But that's

little comfort to Terry Sagalow. She's one of hundreds of patients

suing the manufacturer.

TERRY SAGALOW: I'm finding out now that these things that they put

into me weren't even tested. And they're in my body. It's really quite


For CBS THIS MORNING, I'm Elaine Quijano in New York.

(End VT)

ERICA HILL: The FDA did not respond to CBS News' request for comment.

It told Consumer Reports the current regulations have "...served

American patients well." And that "as a responsible guardian of public

health, the FDA believes it's a challenge to eliminate a program

without having a better alternative."

CHARLIE ROSE: Nancy Metcalf is senior program editor in Consumer

Reports, she wrote the "Dangerous Devices" article. We're pleased to

have you here. Good morning.

NANCY METCALF (Consumer Reports Senior Program Editor): Good morning.

CHARLIE ROSE: Why? Why would not the FDA want this to be done, to see

this kind of testing?

NANCY METCALF: Well, it goes back to a loophole that you could really

drive a truck through, which is that if you're a medical device

manufacturer and you can prove that your device is sort of, kind of

similar to a device that was sold earlier, you can get it

grandfathered in without any clinical testing. And, you know, device

companies have very smart lawyers and regulatory people who help them

do that.

CHARLIE ROSE: But I'm just surprised that the FBI would not-- that the

FDA would not say, you know, we have a reason we haven't done this,

other than- -

ERICA HILL: Got to wait for something better which is, yeah.

CHARLIE ROSE: Wait for something better, exactly.

NANCY METCALF: Well, yeah. That's a question to ask them.

CHARLIE ROSE: Well, we tried. This is widespread, too. And here's a

doctor who said, he's not surprised and he's seeing a pattern of this.

NANCY METCALF: Yeah, a-- a lot of medical people who follow this thing

closely are really kind of horrified by this. I-- I talked with a

number of them. And, you know, this is the thing that affects a lot of

people. We did a survey of-- of national survey of American adults and

seventeen percent of them said they have something implanted in their



NANCY METCALF: It could be, you know, replacement limbs, if they've

had cataract surgery, a joint, a heart valve, a stent, something.

CHARLIE ROSE: So this extends beyond hips and--

NANCY METCALF: Oh, very much.

CHARLIE ROSE: --and knee replacement.

NANCY METCALF: Very much. Yes.

ERICA HILL: So we're talking about some of the other things on the

list. Lap-bands--


ERICA HILL: --internal defibrillators, surgical mesh that-- that some

women have-- have needed for different things. So when you look at

that list of things and, if you're thinking, (a), I've got something

in my body, I'm one of those seventeen percent of Americans, or, (b),

I have something scheduled, what do you do to make sure what you need

is safe?

NANCY METCALF: Well, a couple things. First of all, you need to ask,

do I really need this device? Is there another way to fix my problem?

Find out what your doctor wants to put in you, get the name of it, go

to the FDA website,, plug it in their search engine. If

there's safety problems or recalls, you can see them. Also go on just

any search engine and put in the name. If you see a bunch of lawyers

trying to get clients for lawsuits--



NANCY METCALF: --that's another red flag.

ERICA HILL: But-- but real quickly because we're very tight on time.

If we go to the FDA website, but they're not updating the way that

they regulate things, can I trust that information?

NANCY METCALF: Well, you can trust what's there, but we-- we really

need to get the FDA to be more rigorous about these new implantable


CHARLIE ROSE: It's good advice to anybody. Go and look for yourself--


CHARLIE ROSE: --to see if there's a pattern of-- of other people

having the same problem.


ERICA HILL: Nancy, good to have you with us. Thank you.


ERICA HILL: For years the L.A. Dodgers have been caught up in a very

messy divorce. Now an NBA legend is picking up the ball. We'll take

you inside the deal that has Hollywood buzzing.

You're watching CBS THIS MORNING.


CHARLIE ROSE: Gayle King is in the greenroom. Gayle, tell us what you

have for the next hour.

GAYLE KING: I will tell you. Charlie, you're going to be there, too.

You, too, Erica. We're going to take a closer look at the JetBlue

captain who was detained yesterday. Find out from John Miller what the

FBI has planned for him. John's already here.

Due to a nasty divorce, the L.A. Dodgers went up for sale and a

basketball legend will be one of the new owners. Rebecca, in one word

it is?


GAYLE KING: I love magic. Dave Feherty, magic you have is?

DAVID FEHERTY: Well, does anybody remember Tiger Woods?

GAYLE KING: Everybody does. Tony Robbins will be here, too. Peter

Greengerd-- Greenberg will tell us five things cruise lines don't want

you to know. I always think Love Boat.

PETER GREENBERG: Yeah, but I think Love Boat, you know, well, do you

remember Isaac the Bartender and the doc? Well you say--

GAYLE KING: We got to go.


GAYLE KING: We'll tell the other--


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