The Indianapolis Star from Indianapolis, Indiana • Page 8

From Page One THE INDIANAPOLIS STAR WWW.INDYSTAR.COM A8 TUESDAY, MAY 24, 2005 State lags in highway rands Indiana among states whose gas taxes subsidize others Where transportation funds go Current law guarantees that states get back at least 90.5 cents for every $1 generated in federal gas taxes. However, there are enough loopholes that many states including Indiana have gotten less than that. A look at who received what during the last transportation bill period: said, there is the potential for a "huge conflict of interest." Smith, the chief medical officer of Guidant's cardiac rhythm management division, rejected any suggestion that financial or liability concerns had influenced the company's decisioa He said that the Model 1861 was among the most reliable defibrillators available, adding that Guidant thought it would cause more harm than good by publicizing the issue because replacement defibrillators might not perform as well and because surgery also posed risks. While fatalities during defibrillator implantation are extremely rare, the procedure poses an infection rate of 1 percent. "We choose to extraordinarily communicate when we have a product that does not live up to our expectations," Smith said.

He added that issues that could improve patient outcomes would also warrant a doctor's alert. "In this case, neither condition was met," he said. Guidant Indianapolis company issues advisory to doctors. From A1 dant said it had changed its manufacturing processes three years ago to fix the problem. All of the electrical malfunctions involving the particular model occurred in units produced during a two-year period before mid-2002, when the company fixed the flaw.

Oukrop's physicians say that, had they known earlier, they would have replaced the unit in their patient because he was at high risk of sudden death. A defibrillator is a device about the size of a pager that is surgically implanted in the chest. It sends out a powerful electrical charge to try to shock a chaotically beating heart back into normal rhythm. In interviews in recent days, a Federal-aid highway program rate of return, 1998-2003 rohiojMAk Ohio: $.88 IMAlt V- TENN "We choose to extraordinarily communicate when we have a product that does not live up to our expectations." By Maureen Groppe Star Washington Bureau WASHINGTON Drivers in Indiana pay $2.76 in federal gas taxes to fill up the typical tank of a midsize car. Drivers on Alaskan highways pay the same tax.

But the federal government has to give Indiana back only $2.50 of those taxes to maintain and expand roads and bridges while Alaska gets more than five times that amount. The multiyear transportation bill in Congress would make little progress toward helping Indiana and other so-called "donor" states that for years have been seeking a better deal. The House's version does not directly change the current 90.5 percent minimum rate of return on federal gas taxes collected in a state. The Senate version, approved Tuesday, would increase the minimum to 92 percent, but not until 2009. That would give Indiana, along with 31 other states, millions of dollars less to improve roads than their drivers pay in gas taxes.

Indiana's guaranteed rate in 2009 would be in the bottom fifth, nationally. "That (gas tax) repre sents those cars that are damaging our roads," said Laurie Maudlin, transportation lobbyist with the Build Indiana Council, an Indianapolis-based trade group for construction contractors and others. "And that money is going elsewhere to build bridges in other states." Indiana Gov. Mitch Daniels said he's focusing on the total amount of highway money coming into the state, not the percentage of gas "That is going elsewhere build in other states." Laurie transportation lobbyist Build Council taxes top Guidant executive, Dr. Joseph M.

Smith, said the company had not seen a compelling reason to issue an alert to physicians about the defibrillators because their failure rate was very low and replacing them might pose greater patient risks. Late Monday, after learning that The New York Times was about to publish an article about the device, Guidant issued an advi went along with the system until the 1980s, when they argued that the highway system was complete. They fought for, and got, a guaranteed return of 85 percent included in the funding formulas. But there were enough loopholes in the law that a state's actual return rate was lower. In subsequent transportation bills, the rate has been bumped up to 90.5 percent, although the guarantee still doesn't apply to all types of funding.

Jeffrey Brown, an assistant professor of urban and regional planning at Florida State University who has studied the issue, said one reason the funding formula has been hard to change is the makeup of the Senate. Low-population states like Alaska, Montana and the Dakotas all of which have high rates of return have as much representation as high-population states like Florida and California, which have low rates of return. The chairman of the Senate committee that writes the transportation bills is from Oklahoma, a donor state. The chairman of the House counterpart is from Alaska, the top recipient state. Neither of Indiana's senators sits on the Senate transportation committee.

The state has two representatives on the House panel: Democratic Rep. Julia Carson, who is a member of the minority party, and Republican Rep. Mike Sodrel, who is a freshman. When the Senate passed its version of the bill Tuesday, Sea Richard Lugar, said it would bring much needed transportation funding to the state. Sen.

Evan Bayh, said the bill "makes significant progress" in improving the state's return rate while "creating thousands of jobs at the same time." Star reporter Mary Beth Schneider and Gannett News Service reporter Ledyard King contributed to this report Contact Star Washington Bureau reporter Maureen Groppe at (202) 906-8118 or at mgroppegns.gannett.com money to bridges Maudlin, with the Indiana Washington sends back. Indiana's transportation funding would increase overall under both the House and Senate versions of the bilL But that's because Congress wants to add bil- Jt hlktyM Illinois: S.9S Indiana: $.88 Michigan: $.88 Kentucky: $.92, WfW- N.H. Washington, D.G. Associated Press per gallon. If Indiana's share would increase to 95 percent the level the state is seeking that could mean $190 million or more in additional funding through 2009.

That would help the state lessen the $2.3 billion gap between expected transportation revenue from all sources through 2009 and what the Indiana Department of Transportation said earlier this year was the projected need. "It's not just the big major projects that won't get done," Maudlin said. "It's the roads you drive to work on every day." Funding disparities date back the creation of the interstate highway system. A trust fund was created in 1956 to pay for the national network of highways. Because sparsely populated states couldn't cover the costs on their own, they were given more than they generated in gas taxes.

States like Indiana that were getting back less than they put in Blitz Monday was declared Indy 500 Day in New York City. From A1 At 5-foot-2 and 100 pounds, she stood out when the entire field of drivers lined up in the traditional 11 rows of three for a photo opportunity in the middle of Times Square. Seth Goldman was amid the mob that congregated. Goldman is a stock car racing fan who took a break from his job across the street at the Hard Rock Cafe, but he quickly identified pole-sitter Tony Kanaan, No. 2 qualifier Sam Hornish Jr.

and "the guy who climbed the fence," 2001 and 2002 Indy winner Helio Castroneves. Goldman scanned the drivers. His gaze settled on Patrick. "And her," he said. "I like her attitude.

She's tough. She's feisty." Others shouted: "Go get 'em. Go girl." In the course of 21 hours, Patrick was the focus of 27 television interviews, appeared on five radio shows and spoke with more than a dozen print media representatives. "I'm not interested in speed," she told CNN's Aaron Brown, who seemed baffled by the notion of driving 225 miles per hour. "I'm interested in going faster than everybody else." At another taping a little more than an hour later, she walked onto "The Late Show with David Letterman" stage and announced: "Here I am, boss." Letterman is a partner in Rahal Letterman Racing, owner of the car with which Patrick posted the month's fastest lap at IMS, 229.880 mph, and qualified fourth, higher than any of the three women who have preceded her in the Indy 500.

"Now is it possible that in like three or four years the race will be all women?" asked Letterman, whose team won with driver Buddy Rice last year. "You never know," replied Patrick. "If I win, they just might come out of the woodwork. Would you want to watch if it was all girls?" Letterman pounced. "Oh, yeah," he gushed.

If the Indianapolis 500 wanted to make a splash in the world's .50 cents to $1 E3 $1.01 to $1.99 $2.00 to $2.99 $3 and above ALASKA HAWAII Source: U.S. Census Bureau lions of dollars to the total pot, not because it's changing the way the pot is divvied up. "A fairer share for our state is better," Daniels said. "But I know our delegation's worked hard on it, so I guess we'll be glad for some improvement. I just want them to finish the bill so we can plan and move forward." Efforts to pass a highway bill have stalled for nearly two years while lawmakers have debated how much to spend.

Indiana got back 83 cents to the dollar during the last six-year program that ended Sept. 30, 2003. The program has been extended six times to keep highway aid flowing to the states. The current extension expires Tuesday. The federal gas tax is 18.4 cents Is that a factor in why you're so good at what you do?" Danica: "The car doesn't know the difference.

I've heard I have better reaction time, so I wish we'd do standing starts, but you know, that's about it." Dave: "But do you think maybe your reflexes are superior or certainly comparable to the guys you're competing with, I guess, huh?" Danica: "I'm closer to the steering wheel. It all helps. Closer to the pedals." Dave: "Now when Bobby Ra-hal first became interested in your career as a driver, what did he notice about what you were doing in go-carts and other cars that made him think that this was something great here?" Danica: "I think the real thing that showed him that I was a race car driver was that I lived in England, which is a tough place to live. It's very cloudy, it's rainy and the people are kinda tough, and I don't know if they were necessarily ready for a female to go over there and really be successful and beat the guys. I lived in a family where the wife would go fetch the husband a beer, and in the States, if someone were ever to say, 'Go fetch me a beer' to their wife, I don't know, how would that go down?" Dave: "Yeah, I would like to try it though." Danica: "You're not married, so there you go.

You're okay." iron I Idaho CAUF.V 'r ml 0KU- in to I Doctors in the Minnesota case who treated Joshua Oukrop said they were angered by Guidant's decision not to notify physicians because they said the company had received enough reports about the flaw to establish a pattern and because high-risk patients could suffer potentially catastrophic results. Dr. Barry J. Maron of M. Smith Abbott Northwestern Hospital in Minneapolis said Smith was simply using numbers to support his stance.

"It is a statistical argument that has little to do with real people," he said. He also said that the numbers reported to Guidant might understate the situation because, as with any medical device, product problems go undetected or might not be reported. FDA regulations permit companies to inform the agency in two different ways about manufacturing modifications to improve safety, either while the company is making it or later, when a device maker files its annual report with the agency. A Guidant spokeswoman, Annette Ruzicka, said that it reported the November 2002 change as part of an annual report submitted to the FDA in August 2003. Matt Dotrfc The Star "I just love him.

He's so much fun, and he's going to win," Bernardi said. "I just want to get a picture with him." A few minutes later, here came Kanaan, signing autographs for the fans ringing the drivers. Bernardi got her photo and a hug. It was an eventful day, one that concluded with a midaftemoon flight back to Indianapolis for all but a handful of drivers, most notably Patrick, who was happy to follow them by day's end. The face of the Indy Racing League and the Indianapolis 500 betrayed its owner's exhaustion.

"I very much have the series at heart," she said of her efforts. "And if (the other drivers) want my schedule, they can try it out for a while." That shouldn't be necessary. Driver after driver expressed his appreciation for Patrick's talent and commitment. "For many reasons she draws more attention than the other 32 guys, but that's good," Kanaan said. "She's earned it, and I don't care if it's me or her or Helio, as long as the fans are watching and they're excited." They were Monday.

Call Star reporter Phil Richards at (317) 444-6408. good. She's earned it." Dr. Joseph of Guidant sory to doctors about the problem. In that advisory, which physicians could receive as early as today, Guidant is recommends that the unit not be replaced because of the electrical problem.

The episode highlights an important issue: Doctors and patients are not always told when a medical device maker has data indicating that its product has a flaw which, while rare, poses potential dangers. Also, companies are not required to immediately report all safety modifications to the Food and Drug Administration. Dr. William H. Maisel, who has studied how doctors respond to device alerts, said that companies considering an alert face competing concerns over the cost of replacement versus harm to their reputations.

As a result, Maisel York since its 1936 unveiling at the Roosevelt Hotel. It showed. One woman who joined the throng in Times Square kept asking what Colin Powell, a retired U.S. Army general and former chairman of the Joint Chiefs of Staff and secretary of state, was doing racing in the Indianapolis 500. She couldn't grasp the concept of a pace car.

Everyone seemed to have a camera and the inclination to use it. One man snapped picture after picture, then lowered his camera and fixed his eyes on a newspaperman. "Who are these people?" he asked. For every one of the uninitiated, there was a fan. The drivers took it all in stride.

Their mood was light, and their banter steady. No one went home happier than Donna Bernardi, a business consultant from Long Island who seldom comes to Midtown. When she walked onto Times Square on Monday morning, she saw a green, white and orange 7-Eleven Indy car. She recognized it as Ka-naan's, the driver Bernardi has journeyed to Indianapolis to cheer each of the past several Mays. other 32 guys, but that's pole-sitter J.R Fik Associated Press "Here I am, boss:" Danica Patrick did 27 TV interviews in 21 hours, including one Monday with car owner David Letterman.

Excerpts: Danica Patrick on 'Late Show' Striking a pose: The Indianapolis 500 starting field lines up behind front-row qualifiers Scott Sharp (left), Sam Hornish Jr. (center) and Tony Kanaan (right) for photographers in New York. media center, it succeeded. The media turned out. The fans came.

Mayor Michael R. Bloomberg proclaimed Monday "Indianapolis 500 Day" in New York and issued a proclamation that compared driving in the "concrete jungle" that is Manhattan to racing at Indianapolis. "Anyone who has taken a cab ride through Midtown is familiar with the thrill of high speeds and daring maneuvers," read the proclamation. Most of the drivers flew in Monday morning, about 12 hours after Patrick's arrival. There was the Times Square photo "opp," followed by rounds of interviews with national, regional and local news outlets.

The drivers loved it. "I think people sometimes miss our race not because they don't like us but because they don't know about us," Castroneves said. "This is what we need to do," said Kenny Brack, the 1999 cham-pioa "Just as NASCAR has done, IndyCar needs to make itself available to the public." The "500" typically tours New York with its champion, but this is the first time the Indy Racing League has mounted a pre-race media blitz. The Borg-Warner Trophy hadn't appeared in New David Letterman: Now let me get right to this and help me through this because you know more about this than I do. I was talking to Paul Newman and I said, 'What do we have here? Somebody who's come along only once in a lifetime, who's able to compete against men in race and people in the audience started hissing and whining and booing, and so I realized maybe I had misspoke.

But it's true: the fact remains you really are the only one who's come along in a long time to be this competitive in open wheel racing. Explain that; what's the deal?" Danica: "Good genes? I don't know. My mom and dad met on a blind date at a race, so I was destined. I had no choice." Dave: "Could any woman do this?" Danica: "No, no. I believe that everybody's here for a purpose and everybody has something they're really good at, and I couldn't do your job Dave: "Oh, yes you could." Danica-" I'd like to think you couldn't do my job." Dave: "Anybody could do this job.

Whenever they have the Olympics and then they have the biathlon and that's like people put on skis and then they go shoot in the forest. And the commentators will always say, 'You know, women, this is a very good sport for women. They're much better than men at shooting because of their muscle, neurological, vascular "(Danica Patrick) draws more attention than the Tony Kanaan,.