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CNN Live Saturday

Outbreak at Seneca Lake State Park; Gas Prices Rising; Big Loss For Makers Of Vioxx; Who Will Be The Next James Bond

Aired August 20, 2005 - 12:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

SUZANNE MALVEAUX, CNN ANCHOR: The shuttle is staying put at barksdale air force base in Louisiana, at least until tomorrow, because of bad weather in Florida 11 days ago, Discovery had to land at Edwards Air Force base in California when it returned from its mission in space.
It's another weekend of tense negotiations in Iraq as a new deadline for a draft constitution draws closer. That deadline is Monday. And as the talks continue, some critical issues are still holding up the agreement, among them, the role of Islam and the relationship between the central and regional governments.

Just more than five months from now, Palestinians will be heading to the polls to vote in legislative elections. Palestinian Authority President Mahmoud Abbas is confirming that the elections will be held January 25. They had been scheduled for last month, but were postponed.

And we begin this hour with a health scare for one of the biggest political figures in the United States. Senate Minority Leader Harry Reid is now resting after suffering a minor stroke this week. Many wonder what impact it might have down the road for the powerful democrat. Congressional correspondent Joe Johns reports.

(BEGIN VIDEOTAPE)

JOE JOHNS, CNN CORRESPONDENT (voice-over): Senate Democratic Leader Harry Reid appeared in perfect health last month, meeting with Supreme Court nominee John Roberts.

HARRY REID, SENATE DEMOCRATIC LEADER: Judge, welcome to the democratic side of the United States Senate.

JOHNS: Harry Reid is the most powerful democrat in the U.S. Senate. Soft-spoken, but tough and direct, members of his party elected him to lead them on Capitol Hill, after the former democratic leader, Tom Daschle, was defeated in his re-election bid.

Reid is 65, and aides say he experienced dizziness and other symptoms of what had been described as a mini stroke on Tuesday, while at his home in Searchlight, Nevada. He went to the hospital at the urging of his wife Landra who was with him at the time.

He's a former boxer, who's also run 12 marathons. Reid is said to workout five times a week. He doesn't drink or smoke. The news at a time when the Senate is out of session for its August recess. Reid has done traveling, including fund-raiser in a handful of states and a family vacation. When the Congress goes back into session in September, Reid's staff predicted his condition will not disrupt his work at all on Capitol Hill and that doctors have placed no limits on his activities of any kind. The news spread quickly. White House spokesman Trent Duffy said, "The president is glad to hear that senator Reid is feeling fine and looks forward to working with him this fall." The senate majority leader, republican Bill Frist, a medical doctor, said in a written statement that he has spoke within Senator Reid and he's feeling fine, showing his usual strength of spirit.

The Reid spirit has been credited with creating an effective democratic communications operation, as well as a surprising amount of party discipline and unity in voting on the Senate floor. Working with what he's got, even though democrats have little power to control the agenda in the Senate, short of a filibuster.

REID: Thank you very much for being here this afternoon. We're sorry that we don't have a more convenient place, but we don't run the rules committee and we go where we find room.

JOHNS: His plain spoken manner has brought him praise from party loyalists and even gotten him into trouble at times. Like when he called the president a "loser and a liar."

REID: The president of the United States would not be president, had he not come to Nevada and told the big lie.

JOHNS (on camera): Reid has canceled public appearances that were scheduled over the remainder of the August break, during which time his staff says he's expect to rest and recover.

Joe Johns, CNN, Washington.

(END VIDEOTAPE)

MALVEAUX: Now, the widow of Dr. Martin Luther King ,Jr. continues her rehabilitation from a stroke and mild heart attack, earlier this week. Doctors say Coretta Scott King has sat up and managed to say a few words, but cannot walk. The 78-year-old civil rights icon suffered small strokes in April and earlier this month. Doctors say they are still hopeful she will make a full recovery.

Now, news of the two prominent figures suffering strokes might have some asking just what are the risks and the warning signs for strokes? Dr. Marc Siegel is associate professor at New York University School of Medicine and author of "False Alarm, the Truth about the Epidemic of Fear." Dr. Siegel joins us from New York.

Thank you so much for joining us. Of course, a lot of people concerned about this, two very prominent Americans, Reid suffered from a minor stroke. We understand, King, a big stroke. What is a minor stroke? What is the difference?

DR. MARC SIEGEL, AUTHOR "FALSE ALARM": Well, Suzanne, you know, the issue with a large stroke is that a lot of the brain is affected and basically, the brain tissue dies and can't recover. So, it's up to the rehabilitation to get the person to compensate. They can build back their strength. In her case, speech was affected, and the idea she can comprehend. That, over weeks, can be recovered. But, for Senator Reid, it's a different issue because in his case, the vessels leading to the brain are blocked, but if it was a transient episode, a lot of this reversed and it's more of a warning sign in his case.

MALVEAUX: What is the likelihood that Reid would suffer from another stroke?

SIEGEL: Well, the likelihood is at least one in three. And it also has a lot to do with whether his underlying health problems are taken care of. And this is really the message to, you know, to listeners. Really, we have to look at this issue of, if you have underlying medical problems, you have to seek medical attention. If you have hypertension, diabetes, high blood pressure, heart disease, or smokers are really prone to stroke and they have to be seen by doctors.

MALVEAUX: And let's talk about that a little bit. What are some of the warning signs that you could be one of those people at risk? You mentioned a number of things: Smoking, as well as certain conditions, but are there warning signs?

SIEGEL: Well, the warning sign that you get, like with senator Reid, you get dizziness, or you're kind of uneasy if you get weakness on one side of the body or if you get slurred speech, you feel like you're going to black out, or if you get a sudden loss of vision. These are very strong warning signs that a stroke might be in the offing.

MALVEAUX: And what does this mean for quality of life? Say, Senator Reid, as well as Coretta Scott King? Does this automatically mean paralysis, loss of speech? Is there a difference in how massive the stroke is, in terms of the future, function?

SIEGEL: Well, you know, in terms of Senator Reid, it's been a minor stroke, or actually only a TIA he can expect a full recovery and he can regain all his faculties and go back, normal functioning. With King, it's a little bit different. She's had a large stroke and so it will require a lot of rehabilitation and slow physical therapy and retraining of speech and faculties of the brain, this will take several weeks.

MALVEAUX: Well, thank you very much. Dr. Marc Siegel, for joining us. And of course, we wish the very best to Coretta Scott King, as well as Senator Reid, in their recovery. Thanks again.

SIEGEL: Thanks Suzanne.

MALVEAUX: Now, after a week of some private time at his Texas ranch, President Bush is back in the spotlight today. He is urging Americans to stay focused on the war on terror and he is nixing any talk of a hasty withdrawal of American forces from Iraq. CNN's White House correspondent, Dana Bash, is with us from Crawford, Texas where Mr. Bush continues on his working vacation -- Dana. DANA BASH, CNN WHITE HOUSE CORRESPONDENT: Hi Suzanne. Well, as you well know, there has been protesters here in Crawford for about two weeks, calling on the president to bring troops home from Iraq and it's against that backdrop that Mr. Bush had his weekly radio address today, evoking some familiar themes, saying the troops need to stay in Iraq, talking about September 11. It's that link, critics say, should not be made at all. But it actually is -- 9/11 is the reason, one of Mr. Bush's neighbors decided to join the National Guard that took him to Iraq and he is not happy about the anti-war demonstration in his backyard.

(BEGIN VIDEOTAPE)

BASH (voice-over): After spending a year in Iraq, Dusty Harrison treasures routine family moments.

DUSTY HARRISON, IRAQ VETERAN: You've got 26.

BASH: Last week, he returned from National Guard training, looking forward to peace and quiet.

HARRISON: I come back from annual training and there's camp Casey in my -- basically in my front yard and I am shocked.

BASH: Sergeant Harrison is proud of his service in Iraq. Calls the mission crucial. Now from his Crawford home, he sees tents and port-o-potties, Cindy Sheehan's anti-war supporters set up.

HARRISON: It's a double-edged sword. I don't like what's going on out here. But I -- it's why I serve so they can have that right. And I do feel for her. You know, I am so sorry that her son was lost.

BASH: His wife Melissa complained to the county commission after two protesters used her bathroom when no adults were home. But she sympathizes with the grieving mother and agreed to let Sheehan use her yard for what she thought was an interview. It turned out to be a TV ad.

MELISSA HARRISON, WIFE: I was pretty upset about that, that I was misled like that because I didn't want anybody to think that we were supporting her point of view that we do not share that point of view. I was just letting her have her freedom of speech.

BASH: A Sheehan spokeswoman says they did not intend to be deceptive. The Harrison's are happy the vigil's moving down the road. These are staying, hundreds of white crosses, bearing names of soldiers killed in Iraq.

HARRISON: A couple of the guys in our battalion died while we were over there.

BASH (on camera): The fact that they're there, they're sort of right next to your property, how does it make you feel?

HARRISON: As a soldier, I think she's use in using heroes, who gave their life for this country, to further a political aim. BASH (voice-over): They've never met Cindy Sheehan. But here's what they want her to know.

M. HARRISON: We're not against her, we just -- the way she's going about. The was she's going about it. And just reassure her that we -- her son did good over there, the soldiers that are over there, they're doing well. And if we pull them out now, everything we've done would be for nothing.

HARRISON: Would be for nothing -- in vain.

M. HARRISON: Right.

(END VIDEOTAPE)

BASH: Now, Cindy Sheehan is of course not here in Crawford at this time, she's in Los Angeles, caring for her ailing mother, who suffered a stroke earlier this week. We still do not know when she is going to come back, but she still says she plans to at some point -- Suzanne.

MALVEAUX: And Dana, I understand that there's a high-profile visitor that perhaps the president will be more -- more happy to see later this weekend.

BASH: Right, actually, and we speak, Suzanne, an invited guest to the ranch, Lance Armstrong is at the president's ranch. At this hour, we believe they are biking together. Lance Armstrong, of course, everybody knows, the seven-time tour de France winner. And also fellow Texan is here in Texas, biking with the president. The president is now an avid biker, because he can't run anymore. The two men are expected to bike for about two hours. Unclear, though, Suzanne, if lance Armstrong will follow the golden rule, we are told from people who have actually biked with the president, and that is they're not supposed to get in front of the president.

MALVEAUX: We'll see if he follows that and Dana, we'll see if you and I get a bike ride in sometime this summer. I'll see you at the Crawford ranch.

BASH: We'll see.

MALVEAUX: OK, thanks.

The Pentagon is getting its last chance to defend a massive downsizing plan, the Big Base Realignment and Closure commission is holding hearings today in Washington. Defense officials are trying to persuade the independent panel to approve Defense Secretary Donald Rumsfeld plan. It calls for shutting down or downsizing dozens of major bases and hundreds of smaller facilities. The Pentagon says the move would save almost $50 billion over 20 years.

A short time from now, Florida Governor Jeb Bush goes before the commission in a bid to protect military bases in his state. Next week, the panel will hold a series of meetings to decide whether to accept or reject each part of the plan. Northwest Airlines vows to continue its normal flying schedule. The carrier has brought in 1,900 replacement workers, after mechanics went on strike early this morning. Months of contract negotiations broke down last night. Northwest mechanics say they would rather the airline go bankrupt than for them to accept big pay cuts and layoffs. Northwest pilots and flight attendants did not join in the strike.

And coming up, the weekly fill-up of course has become a dreaded event for many Americans. Is there any relief from these high gas prices? We'll get tips on saving money at the pump.

And some upset stomachs are being linked to some bad water at a popular summer attraction. We'll have the latest on who's at risk.

And a Texas jury has some bad news for drug maker Merck. We'll have reaction to this major court case and find out what it may mean for you at the drugstore.

(COMMERCIAL BREAK)

MALVEAUX: Welcome back to CNN LIVE SATURDAY. I'm Suzanne Malveaux. It is just 19 cents, not even a couple of dimes, but when you're talking about gas prices, every penny counts. AAA says gas is at a record average $2.60 a gallon nationwide this weekend and that is regular unleaded. Prices jumped 19 cents this week, setting a record each day. Some motorists pay more or less based on location. Californians shell out $2.80 a gallon, on average, Utah drivers get the best bargain at $2.44 a gallon. Now, with gas prices that (UNINTELLIGIBLE), experts warn the national economy will soon feel the pinch. Wal-Mart and other discount retailers are already showing slower sales.

Motorists, especially those driving monster SUVs, you know who you are, are searching for ways to reduce their guzzle. CNN correspondent, J.J. Ramberg, of course, joins me from New York. She has ways to keep your dollars in the bank, not in the tank.

So, J.J., let's start off. First of all, are we going to see these gas prices go down at any point, or is this just basically a new reality we're dealing with?

J.J. RAMBERG, CNN CORRESPONDENT: Well, conventional wisdom is that usually gas prices go down when the summer driving season end. As we've been hearing so much about how demand goes up during the summer because we're driving so much. The problem is this year we may not see that as much as we've seen it in the past. Refineries then switch over to producing some gasoline and then some heating oil and we may have a heating oil crunch again this winter, which will take some of the oil away from the gas, which may keep supplies of gas low so even if demand goes down, supplies may go down even more, so the prices may stay high. But again, you know, hopefully we'll see some relief after the summer driving season ends, but probably not what we'd like to in normal years.

MALVEAUX: Now, these days, I'm riding my bike more, I'm walking, those type of things. What can consumers do to save money? RAMBERG: Well, that's the best thing to do. Right? Those two things are the best. Also, don't drive a gas guzzler, those are the three best things. But, assuming you're not going to be changing your driving habits or consumption habits like that there are a bunch of things that you can do. One of them is don't carry extra stuff in your car. Having that extra weight drags down the car and actually causes you to use more gas when you're driving. Another thing -- I found this interesting, don't have the windows down, because that drags on your car and actually also uses more gas. And don't use the air-conditioning, because that uses more gas. So we're kind of hoping that things stay cool. At least they're cooler now in New York City or else you're going to be...

MALVEAUX: Those are tough -- those are tough recommendations, J.J. Now what if you have -- I have a convertible. What do you do? Can you put the top down and or should you put the roof back up? What actually saves money?

RAMBERG: Put the roof back up. At high speeds, it's better to have the air-conditioning on than the window down or top down.

MALVEAUX: OK, and why, I'm curious, why does it cost more at one pump, or one city, and less at another?

RAMBERG: Yeah, that's the big question. Right? We're seeing so many discrepancy. First of all, different states use different kinds of gas and so there are different prices attached to each of those kinds of gasses. But, even within your own city, you may see discrepancies and that's because, in part, because there's zoning. Wholesalers figure out how much each neighborhood can absorb as far as prices go. So, they charge a different amount to one neighborhood then to another neighborhood. And then of course each station has its own market based on its own needs.

MALVEAUX: And J.J., finally are hybrid cars, are they a realistic option at this time/

RAMBERG: If you can get one, sure. But, at this point, hybrid cars are such a small percentage of cars that are available out there, that that is something certainly to be thinking of. You can -- just getting any car that gets better gas mileage is better for you. But, we should be thinking about these little ways that we can be saving money at the pump as well.

MALVEAUX: OK, J.J., thank you very much. Great tips. Appreciate it. We'll talk to you in a bit.

Now, of course, gas may be sky high, but some people are driving around like it was yesterday. Boyd Hooper from Minneapolis affiliate KARE explains. He takes us on a trip to the fuel bank.

(BEGIN VIDEOTAPE)

NORM HANNON, BOUGHT A BUNCH OF GAS LAST YEAR: Thirteen hundred dollars, yes. Wrote out a check. BOYD HOOPER, KARE REPORTER: Norm Hannon can still remember the chill last fall when he informed his wife he'd purchased $1,300 worth of gasoline.

UNIDENTIFIED FEMALE: The only problem I had is we didn't discuss it first.

HANNON: I said, "Honey, you know, I just know gas prices are going to go up."

HOOPER: Today, Norm's pumping his gas for $1.68, while everyone else pays $1 more.

UNIDENTIFIED FEMALE: And now I have to admit, he really did a great job.

JIM FENEIS, FIRST FUEL BANK: Gasoline is up a penny 49 so...

HOOPER: Jim Feneis isn't exactly in the business of saving marriages, but has to admit he makes people happy these days.

FENEIS: It sure feels good. It certainly does.

HOOPER: His St. Cloud based First Fuel Banks allows customers to buy gasoline on the futures market, pumping it at yesterday's prices, today.

JOHN MCDOWELL, BUSINESSMAN: I'm feeling really smart. Well, especially when you're saving some dollars.

HOOPER: With a fleet of 50 trucks, John McDowell bought 50,000 gallons of gas at First Fuel Banks in the spring, that $1.96 a gallon purchase is now saving his roofing, heating and air conditioning company $3,000 a month.

MCDOWELL: That's at today's prices and if they keep going up, they just saved all that much more.

UNIDENTIFIED MALE: I called in yesterday for $100 worth on my account.

HOOPER: Based on brisk recent sales, customers are convinced gas prices aren't done going up.

(on camera): The fact is more people are buying first fuel bank futures at today's price of $2.54 a gallon than they were at $1.54.

FENEIS: But people are funny. They want to buy it after it goes up.

HOOPER: People are funny, but Larry Varent (PH) is the one doing the laughing.

LARRY VARENT (PH), BOUGHT GAS CHEAP: Probably about, oh, three years ago, something like that, I put in about $3,000 worth, into it and I bought it for 98 cents a gallon. HOOPER: With half that gas still left, imagine the pleasure Larry gets, showing his receipts to his friends.

VARENT: So and I put in 8.5 gallons, it cost me $8.41. So that's -- that's the way to buy gas.

HOOPER: Larry Varent, laughing all the way to the fuel bank.

VARENT: Yep, like it. Best interest I ever got on my money.

Boyd Hooper KARE 11 News, St. Cloud.

(END VIDEOTAPE)

MALVEAUX: And coming up, for hundreds of people, a trip to a water park was followed by a trip to the doctor. Find out where it happened just ahead.

(COMMERCIAL BREAK)

MALVEAUX: Police in Philadelphia say remains found overnight outside the city are those of a missing pregnant woman. And they have arrested Steven Poach as the father of Latoyia Figueroa's unborn child in connection with her death. Figueroa was last seen in Philadelphia on July 18. The 24-year-old's remains were found in a wooded lot in nearby Chester.

(BEGIN VIDEO CLIP)

LYNNE ABRAHAM, PHILADELPHIA DISTRICT ATTORNEY: The body of Miss Figueroa will be carefully examined so that we can know, as close as medical science will allow us to know, precisely what caused her death. Mr. Poach is in custody. The charges that I mentioned a few moments ago of homicide and perhaps other offenses are not yet complete. We do know we are going to be charging him with murder and other offenses. Those other offenses will have to wait until we finish our investigation.

(END VIDEO CLIP)

MALVEAUX: A gastrointestinal outbreak is being linked to tainted water at a popular water park in upstate New York. Health state officials say nearly 1,800 people have reported symptoms of the disease. Elizabeth Harness of our affiliate station WROC has more.

(BEGIN VIDEOTAPE)

JACOB WOLF, SICK FROM WATER PARK: I was throwing up.

ELIZABETH HARNESS, WROC REPORTER (voice-over): Four-and-a-half- year-old Jacob Wolf got sick after he and his family visited this spray ground at Seneca Lake State Park in early August.

J. WOLF: My tummy hurted (SIC) a little.

UNIDENTIFIED FEMALE: So, we were in the E.D. for a little while and they gave him fluids. Long and short of it, they ended up admitting him because he couldn't keep any of the fluids down.

HARNESS: Jacob is one of just 1,738 people who've now fallen ill from a parasite called cryptosporidium found in human and animal feces.

UNIDENTIFIED FEMALE: It's generally spread through water, but it's can be spread from person to person.

HARNESS: The disease, much like a stomach bug, can incubate up to 12 days before symptoms occur. In Jacob's case it took only three days before Dick Cheney, vomiting, and fever came on strong.

UNIDENTIFIED MALE: He's little. They said the blood was from him vomiting so much, because throat was just irritating all the way down.

HARNESS: Health officials are warning day care worker, health care workers and food service employees not to report to work for at least two weeks, after their symptoms resolve.

(on camera): If you have a child that attends day care two weeks is also the same rule for them. They need to wait at least two weeks after their symptoms have resolved before they can go back to day care.

UNIDENTIFIED FEMALE: Just the thought of this parasite crawling through my kids.

HARNESS (voice-over): Environmental investigators are looking into whether a sewage backup near the park in mid-July could have caused the outbreak, but they say it's too early to make the link.

(END VIDEOTAPE)

MALVEAUX: Park officials have closed the water attraction for the rest of the summer.

Now, coming up, the Texas jury come down hard on the maker of the pain medication Vioxx. We'll have the latest on the fallout from the verdict.

And several major companies, including CNN, got attacked by a worm this week. We'll take a look at who may be behind this computer crime.

(COMMERCIAL BREAK)

MALVEAUX: Here are the latest headlines: Poor weather delays the return of Space Shuttle Discovery to Florida. It's not expect to arrive until tomorrow at the earliest. The shuttle is piggybacking on a modified 747, which landed at Barksdale Air Force Base in Louisiana, yesterday.

The U.S. military reports a U.S. service member was killed today in Baghdad. Officials say a soldiers with the 42nd military police brigade died after his vehicle struck an improvised explosive device in southern Baghdad. That brings the total number of U.S. troop deaths in the Iraq war to 1,862.

Northwest Airlines vows to continue operating normally. Its mechanics went on strike early this morning, after contract talks failed. The mechanics are protesting big pay cuts and proposed massive layoffs. The carrier has brought in what it calls experienced, licensed and trained replacement mechanics.

Welcome back to CNN LIVE SATURDAY. I'm Suzanne Malveaux.

Drug giant Merck says it will appeal. The first Vioxx case to go to a jury ends with a $253 million verdict. In just a moment, I'll talk to a veteran trial lawyer about strategies and personalities in this high-profile case, but first, Senior Correspondent Allan Chernoff looks at a painkiller on trial in Texas.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: This is right.

UNIDENTIFIED MALE: Justice is done.

UNIDENTIFIED MALE: This is right! Amen.

ALLAN CHERNOFF, CNN CORRESPONDENT: A day of vindication for Carol Ernst, the widow who sued Merck while Vioxx was still on the market.

CAROL ERNST, PLAINTIFF: I just know that it was a road that I had to run and I had to finish and I'm glad it's finished. And I'm glad it ended the way it did.

MARK LANIER, PLAINTIFF'S ATTORNEY: It sends the message, regardless, that drug companies must tell us the good, the bad and the ugly about their drugs. They cannot hide behind an almighty dollar and a profit sign in an effort to get their money in the bank and not tell us the truth about their drugs. That won't be allowed in this country. It's not right!

CHERNOFF: Fifty-nine-year-old Bob Ernst, a Wal-Mart manager, had completed a 60 mile bike ride with his wife only eight days before dying in sleep. Merck attorneys argued Ernst could not have been a victim of Vioxx.

The coroner's report said Ernst died of an arrhythmia, an irregular heart beat, not a heart attack or stroke, which studies indicated Vioxx could trigger. But during the trial, the coroner testified Ernst could have had a heart attack that led to the fatal arrhythmia.

MARSHA ROBBINS, JUROR: We looked at the evidence. We thought about what we had seen, what we had heard and it was just putting everything all together.

CHERNOFF: Juror said Merck did a poor job in labelling Vioxx, failing to warn doctors and patients of its potential risk. But Merck maintains it acted responsibly, even telling the Food and Drug Administration of potential cardiac danger before receiving confirmation from clinical trials. Merck says it will appeal.

JONATHAN SKIDMORE, MERCK ATTORNEY: There's no reliable scientific evidence in this case that Vioxx had anything to do with Mr. Ernst's tragic death.

TED MAYER, MERCK ATTORNEY: We believe strongly in our defense on this case and this case isn't over yet.

CHERNOFF: The jury voted to award Carol Ernst $253 million, but Texas law limits punitive damages and her attorney acknowledged the court will reduce the amount. It was costly for Merck to pull Vioxx. The drug had sales of more than $2 billion a year, but now, Merck could face a far greater penalty.

(on camera): The company already is confronting about 4,000 Vioxx lawsuit. Legal experts say many more will now be filed and Merck's liability could extend well into the billions of dollars.

Allan Chernoff, CNN, New York.

(END VIDEOTAPE)

MALVEAUX: And the Vioxx trial pitted a folksy Texan trial lawyer against an army of big-city corporate attorneys. Style it seems, played a big role in this trial already. David Berg is a plaintiff's attorney in Houston and he is the author of the book "The Trial Lawyer."

Well, thanks so much for joining us. Of course, this was something that everybody was keeping a very close eye on, this case. Now, what impact do you think it will have on drug consumers?

DAVID BERG, TRIAL LAWYER: Well, I think that drug consumers are probably going to say enough of this fraudulent advertising. The verdict, if you listened to the jurors carefully, was driven by the false marketing and the inattention or the absolute failing of Merck to tell the public truth about their product.

MALVEAUX: What does this mean, though, in terms of cost for other drugs that Merck puts out?

BERG: You know, it's got to increase the costs. They're going to be looking for way to make their money back. And they -- so far, they've followed, in my opinion, a pretty terrible strategy of dealing with all these cases.

MALVEAUX: But what changes are consumers actually going to be able to see as a result of this case?

BERG: I think the FDA is getting tougher on what has to be disclosed. The test results are going to have to be monitored much closely -- more closely. And I think the pharmas are going to have to playing straight with the American public on what they're discovering about these so-called miracle drugs.

You know, Celebrex is out there. Fen-phen cost the companies billions of dollars and this is going to cost Merck billions of dollars. And if they don't change their strategy, it may cost them the company.

MALVEAUX: And obviously, there are other big drug companies that are looking at this case as well. What kind of precedent do you think this verdict is going to set, perhaps for other class-action lawsuits?

BERG: Well, let me -- let me make a point. First, this wasn't a class action, but it does affect as many people as any class action in this country.

I think the Merck lawyers underestimated Mark Lanier, who is acknowledged to be one of the great trial lawyers in this country, whether it's in south Texas, or he tries cases in other parts of the country.

I think Merck is going to have to come to grips with the fact that they just lost a very difficult case for the plaintiff to win. There was a very difficult problem of what we call causation. What caused Mr. Ernst's death? The issue about the arrhythmia and Mark cleared that hurdle very easily during trial.

So, I think had Merck won, it wouldn't have made as big a difference, because it was a weak case, but now that Mark Lanier has won his case for the Ernsts, it's going to have a huge impact empowering and encouraging other plaintiff's lawyers around the country.

MALVEAUX: And what do you think this says really about America's mind set; about who is culpable -- who has to pay, whether it's the drug industry or the individual?

BERG: You know, I've tried cases in Brazoria County myself. It's -- the jurors there -- it's a conservative, Republican district. They send Ron Paul back to Congress or help to do so -- very conservative Congressman. It's libertarian and when a jury that conservative, gives you that kind of verdict, it tells Merck they're in for a terrible trouble around the country.

MALVEAUX: And Merck says, of course, that it's going to appeal the verdict. Is there a chance that it would be overturned?

BERG: Well, yes, sure. Usually in Texas, big verdicts are overturned automatically. The Supreme Court here is the most conservative in the nation. But there's a kicker in this instance and that is that the Texas Attorney General, Greg Abbott, has himself filed suit on behalf of Texas against Merck, claiming that Merck has defrauded Medicaid in this state by not telling us the truth about the drug.

That's going to have a huge impact. Lending his credibility to this -- to this case is a big, big factor and you might see the justices of the Supreme Court affirm the verdict and cut it back. If they do that, it's still going to cost Merck $26 million, plus interest. MALVEAUX: David Berg, thank you very much for joining us. Of course, we'll be keeping our eye on that case, as well.

BERG: It was my pleasure.

MALVEAUX: Sure.

Now, coming up, can Pope Benedict XVI connect with young Catholics? find out what those young members of the church are saying this weekend.

(COMMERCIAL BREAK)

MALVEAUX: A full schedule for Pope Benedict XVI in Germany today. He is meeting Muslim leaders at this hour. Earlier, Chancellor Gerhard Schroeder called on the German pontiff. An hour later, Angela Merkel showed up. She's hoping to unseat Schroeder in next month's election. The pope's visit to his homeland conclude tomorrow.

He holds an open-air mass for one million faithful. Pilgrims and pundits are sizing up Pope Benedict on his first international trip as the Catholic leader. Comparisons to John Paul II are inevitable and plentiful. CNN's Alessio Vinci reports.

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ALLESSIO VINCI, CNN CORRESPONDENT: Vatican officials say Benedict's pontificate will be one of concepts and words, so those waiting for dramatic gestures may be disappointed. But will the hundreds of thousands in Cologne be captured by the new pope's low-key style or will they miss the charisma of John Paul II?

UNIDENTIFIED FEMALE: A pope is a pope and as long as he does just a good job, no hostility.

VINCI: Young pilgrims for Poland, the native land of Benedict's predecessor, eager to know more about him.

UNIDENTIFIED FEMALE: We will listen to him very carefully. What he will say. We are waiting for it and to check.

VINCI: The success of Pope Benedict's first international trip will be measured, in part, by his ability to connect with the hundreds of thousands who have come to Cologne.

STEPHEN ISAAC, PILGRIM FROM PENNSYLVANIA: Just like Pope Benedict said at the funeral, he's watching us from his window in Heaven. So, we have a stronger sense that John Paul the Great is with us, greater now than it was before. So, we have two popes with us, John Paul II in Heaven And John Paul -- or Benedict with us now at World Youth Day.

VINCI (on camera): Nearly five months after his death, the late John Paul II clearly remains in the hearts and minds of many Catholics here. After all, he was the founder of World Youth Day. But look at this crowd. Look at the throngs of young Catholics from around the world who came here to attend this event in Cologne and it seems the new pope, too, has no trouble drawing a crowd.

(voice-over): This weekend, Pope Benedict faces his biggest challenge yet: A vigil Saturday night. His first opportunity to interact directly with the crowd at an open field outside Cologne, where Sunday he will say mass for up to one million of the faithful.

Alessio Vinci, CNN, with the pope in Cologne.

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MALVEAUX: The worm turned for several American companies this week. Next, find out who security experts think may be behind an attack on several high-profile computer networks.

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MALVEAUX: There was chaos in cyberspace earlier this week as a mutating worm worked its way through the Internet. So, what is the situation right now and who is responsible for the attacks that affected some tens of thousands of computers? Some answers now from CNN Technology Correspondent Daniel Sieberg.

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This is called assembly code and this is the nuts and the bolts of how a program works.

DANIEL SIEBERG, CNN CORRESPONDENT: So, is this the actual worm code itself?

UNIDENTIFIED MALE: Yes.

SIEBERG (voice-over): It's being called a worm on a leash, controlled by people whose motivations may be more sinister in nature than some first thought. Anti-virus firm Internet Security Systems says the worm acts like a computer recruiter, looking for machines to join its zombie army.

Those machines could then be used for e-mails spam, stealing personal data or attacking other computers.

(on camera): Who might be behind this? I mean, are we talking about organized crime? Are we talking about kids at home? Are we talking about terrorism here?

PETER ALLOR, INTERNET SECURITY SYESTEMS: Well, there's little bit of all that involved, but primarily what we're seeing is those who are using it in an organized crime fashion. In fact, we've seen organized crime recruit a lot of mal writers into their organization to help, if you will, fatten their coffers.

SIEBERG (voice-over): Bottom line: Possible financial gain. These mal or evil software writers on Tuesday, hit the U.S. Senate, big equipment maker Caterpillar and the bank Suntrust, as well as CNN, ABC and the "New York Times."

Wednesday, we learned it also hit the Centers for Disease Control in Atlanta, 12, 000 county computers in San Diego and 13 Daimler- Chrysler plants. Add those to more than 125 other companies and organizations. Still, Microsoft and others categorized the actual damage as low to moderate, though Microsoft is routinely criticized for its vulnerabilities.

ALLOR: This is the Atlanta Security Operation Center for ISS.

SIEBERG: ISS first discovered the hole in Microsoft's Window's 2000 in March, after Microsoft released a patch on August 9th, the news became public to both side: Security experts and criminals. Then it was erased. As the bad guys yelled action and their network of shady hackers carried out their plan.

DAVID MAYNOR, INTERNET SECURITY SYSTEMS: It's a lot like the movie industry: You have producers. You have the actors and you have the distribution network. This network is much in the same way.

SIEBERG: But ISS says the worm's creators messed up in the rush to release it. ISS says the tendency for infected computers to continuously restart is a glitch that tipped people off, rather than letting the worm spread further by staying under the radar.

While some analysts are focused on organized crime, former hacker turned security consultant, Kevin Mitnick, believes it may simply be the work of careless kids.

KEVIN MITNICK, SECURITY CONSULTANT: Well, usually the motivation of a worm writer is to cause trouble or in a lot of cases, is to get a lot of media attention. The more media attention they get, the better they consider their hack. It sounds like a bored teenager.

SIEBERG: The FBI is now investigating the origin. Analyst agree R-Bot is smarter than a typical Internet worm or virus, because it can be controlled remotely for malicious means even weeks or months after everyone has forgotten about it.

ISS believes that globally, as many as 100,000 machines may have been infected and even if most of them are cleaned up or fixed, a formidable army remains, one that could take over more of the Internet landscape. A reminder to us all that the on-line world can sometimes be like a virtual arms race: A constant battle to one-up the other side.

Daniel Sieberg, CNN, Atlanta.

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MALVEAUX: And coming up: His name was Bond, James Bond. Now it's not. Who will take over this legendary series. We have some candidates, right after this.

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MALVEAUX: It is a multi-billion dollar Hollywood franchise: Five men have played James Bond. Now, the search is on for a sixth actor to be 007. CNN's Brian Todd has the story.

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BRIAN TODD, CNN CORRESPONDENT (voice-over): Villains and vixens have all had their classic lines for 007.

SEAN CONNERY, ACTOR: Do you expect me to talk?

GERT FROBE, ACTOR: No, Mr. Bond. I expect to you die.

EUNICE GAYSON, ACTOR: I admire your luck. Mr. --

CONNERY: Bond, James Bond.

TODD: We don't believe we've ever heard the line on screen: "You're fired, Mr. Bond,"

(on camera): But the man who plays him has been relieved of his tuxedo. Pierce Brosnan's representatives confirmed to CNN he got a call more than a year ago from the producers, saying they had stopped negotiations.

(voice-over): Brosnan had starred in four Bond films, beginning with "Golden Eye" in 1995. Following his role as TV's Remington Steele, Brosnan was considered a natural for the part, but never synonymous.

That honor belongs to Sean Connery, who burst onto the scene as the original Bond in the 1962 film "Doctor No." It gave us our first glimpse of the polished, ruthless British spy, who could seemlessly charm, kill, and step up to the bar.

RAYMOND YOUNG, ACTOR: Congratulations.

CONNERY: Thank you.

YOUNG: Mr. Ramirez and his friends will be out of business.

TODD: Connery would make seven Bond films in all, but shares the distinction for durability with Roger Moore, who also started as 007 no fewer than seven times, beginning with the 1973 classic "Live and Let Die." Timothy Doulton stepped in for two forgettable films in the late '80s. Then it was Brosnan's turn.

ANNE THOMPSON, "ENTERTAINMENT WEEKLY": The formula is the same as it's always been and part of what's going on with casting a new Bond is perhaps bringing him up to date.

TODD: Who's next?

DAVE KARGER, MAY 5: Daniel Craig, a British actor who is being talked about as possibly the new James Bond.

TODD: Craig recently said he might be on the Bond short list.

DANIEL CRAIG, ACTOR: You can't ignore it. I mean, if there was an offer on the table, then I'd have to seriously consider it. But you know, I mean, I mean, every kid, every boy, you know, has that sort of idea, who has played in the playground.

TODD: But Daniel Craig may not have it in the bag. Other names bandied about for Bond: British stars Colin Fifth, Clive Owen and Jude Law.

Brian Todd, CNN, Washington.

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MALVEAUX: Got to love it. Well there is so much more ahead on CNN LIVE SATURDAY. In just a few moment, "IN THE MONEY." At 2:00 Eastern, CNN LIVE SATURDAY has details of a cold case possibly cracked. Find out how a 75-year-old missing person case has an intriguing new development.

At 3:00, a CNN special: "Taming the Beast: Inside the War On Cancer." But first, Susan Lisovicz with a preview of "IN THE MONEY."

SUSAN LISOVICZ, CNN ANCHOR, "IN THE MONEY": Thanks. Up ahead on "IN THE MONEY:" More is more. We'll look at what makes America spend and why we can't stop.

Plus: The four-letter word that can trash your financial future. Find out how to deal with debt.

And hot plastic: See what's behind the marketing blitz by credit card companies. All that and more, after a quick check of the headlines.

MALVEAUX: I'm Suzanne Malveaux at CNN Center in Atlanta. "IN THE MONEY" is next, but first, a check of the headlines "Now in the News."

Northwest Airlines brings in replacement workers after its mechanics go on strike. They're protesting big pay cut and layoffs. Northwest is assuring passengers its planes are safe.

The carrier adds it plans to keep its normal operating schedule. Northwest pilots and flight attendants are still on the job. They decided not to join the mechanics' strike.

Authorities in Pennsylvania say remains found overnight near Philadelphia are those of a 24-year-old pregnant woman last seen about a month ago. The former boyfriend and father of the unborn child has been arrested in connection with her death. Authorities have not said what led them to conclude he was responsible.

The Pentagon defends its plan to close or downsize dozens of military bases and facilities nationwide. The Pentagon says the move would save the government almost $50 billion over 20 years.

Florida Governor Jeb Bush is among those scheduled to testify this afternoon at an independent commission hearing in Washington. He's trying to protect military bases in his state. The independent panel will hold meetings next week to decide whether to accept or reject each part of the military base closure list.

And poor weather delays the return of Space Shuttle Discovery to Florida. It's not expected to arrive until tomorrow, at the earliest. The shuttle is piggy-backing on a modified 747, which landed at Barksdale Air Force Base in Louisiana, yesterday.

I'm Suzanne Malveaux at CNN Center in Atlanta. More news at the bottom of the hour. "IN THE MONEY" begins right now.

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