watchdog or lap dog? questions tonight from critics who wonder what the food and drug administration's role really is. a joint investigation by the i-team and cnbc found more than 4,000 patient deaths have been classified as less serious events. >> it turns out health companies are allowed to label some fatalities as injuries. tonight chris glorioso has part two of our exclusive, death by another name. investigated by the fbi. >> reporter: catrice jones feels the food and drug administration let her down. when she was done having children, she chose a birth control device called essure, but she got pregnant twice and twice she miscarried. it is shocking to find out you were pregnant when you were planning on not being pregnant

it was devastating. >> reporter: what bothers catrice most is the way the fda counts fetal deaths reported by the maker of essure. according to the agency's reporting rules, fetal deaths and miscarriages are not considered deaths. she's not the only one complaining about the fda's reporting rules. >> she said, nana, my mama has the family of an epilepsy patient who died after this nerve stimulater implanted below the neck caused painful shocks. the maker of device has reported dozens of patient deaths but classified them as less serious injuries. both companies say their products have helped tens of

control patients. they insist they have reported safety issues with fda rules, but the way the rules are interpreted and enforced may be the problem. the fda seems to be allowing medical device companies to decide for themselves when a death is related to one of their products. >> are physicians misreporting? are companies misclassifying? i think the fda is in the best position to ans >> reporter: patient deaths could be corrected classified as lesser events if safety reports lack sufficient information to establish the device caused or contributed to the death. she said the fda considers patients to be our first and primary customer, but some patients don't see it that way. >> i blame the fda because they are supposed to be the people's watchdog. >> reporter: the fda has gotten

that nerve stimulater was also approved to treat clinical depression, but the fda's then head of devices overruled more than 20 fda scientists, medical officers, who felt the device did not demonstrate a reasonable assurance of safety and effectiveness. four years after overriding his own expert staff, dr. daniel shultz resigned from the fda. 's that lobbies the fda to get medical devices approved. shultz declined comment. his company says it does not lobby as defined by the lobby disclosure act of 1995. the green leaf website says it prepares device meetings and

seven fda officials. we asked gottlieb, a former fda commissioner at the fda, if close ties are compromising their mission. in your estimation is the fda more watchdog or more lap dog? >> i think the fda is pretty rigorous. >> reporter: gottlieb said ethics and a commitment to protecting principles. >> i think they do by and large a very good job. they're probably the best regulatory agency around the world. >> reporter: the fda is spending millions to update its system for recording and analyzing problems with medical devices. the essure birth control device does not have an abnormally high rate of miscarriages and the

patient deaths. >> more investigations mean more answers. if you have something you think new york's biggest i-team should look into, call us at 866-639-7244. we've got some breaking news right now. a sad update to the story that led our newscast. we have just learned a sixth person has died as a result of that horrific crash on the long island expressway. helen died of her injuries at the hospital. her husband died shortly after marc santia had been talking to people who knew him and knew them. out of control vehicles crossed over a grassy median and slammed into other cars. deja vu has climbers are busted as they were caught scaling a local bridge. where this happened and what investigators say they were doing. more than a year and a half after this deadly metro north crash. still no final report from the feds on what really happened.

what's taking so long. our weather is cool and comfortable here, but it's heating up over the tropics. we'll show you what's there now and talk about the drought situation in the tri-state area

fios is not cable. we're wired differently, which means we can fix things differently. thanks for calling fios. this is ryan. you can't tell me this cord isn't in. i know it's in. it's in, but it's not working. i'm sending you a link to the my fios app that going to let me see what you're seeing. really? yes, mr. mcenroe... see that cord? just plug it into the connector on the right. so you can clearly see what's in and what's out? i like that. tech support that lets your technician see the problem over your smartphone. only from fios. let's feed him to the sharks! squuuuack, let's feed him to the sharks! yay! and take all of his gold! and take all of his gold! ya! and hide it from the crew! ya...? squuuuack, they're all morons anyway! i never said that. they all smell bad too. no! you all smell wonderful! i smell bad! if you're a parrot,

if you want to save fifteen percent or more on car insurance, you switch to geico. it's what you do. squuuuack, it's what you do. a florida woman convicted in the 1991 cold case murder of her child in new jersey will have to wait to hear what her punishment will be. michelle was supposed to be

wants to decide on defense motion asking for a new trial before handing down the possible life term. the fdny taking an active and dramatic approach to teach kids about the danger of playing with fire. today, firefighters carefully set up fires at a summer camp in ozone park. the kids were taught how to stay low and avoid smoke and make it out of a burning home safely. in recent weeks all started by kids. the commissioner says it is also a parent's job to teach kids about the dangers of playing with matches. >> children are curious. children are tactile. they like to touch things. they become fascinated with things. they can become fascinated with fire. >> earlier this month, kids playing with an open flame and a dish towel sparked a fire in the

spread through seven homes on staten island was caused by kids playing with matches. it's been more than 18 months since a metro north train crashed in westchester killing six people, but the ntsb still hasn't issued a report. the commuter train struck an suv as it sat on the tracks. the driver of that suv was killed along with five others on the train. the ntsb will determine probable cause for the issue safety recommendations. the ntsb issued a statement saying the cause of accidents are often complex and a great deal of work is required to determine what really happened. we want to be sure our conclusions our correct. just a week after a major security scare at kennedy airport, this morning laguardia had one. just after 9:00 a.m., the tsa reported a possible breach in

forced passengers to wait outside. as it turns out, the person did not actually cross into a secure zone after they sorted through all of it. over the weekend, both senator charles schumer and governor cuomo called for an overview of security procedures at airports. better get baquero for the best gps tracking watches for kids and how they work. we'll show you what's being done on a barge proposal. a cooler start to the workweek with a much-needed break from the sweltering heat, but how long will it last?

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new at 5:00, it is a climb that three new york men are probably regretting. earlier this morning, police say three men were allegedly scene climbing the eastern tower of the bear mountain bridge. they were promptly arrested. the suspects told them they were there to take pictures. they're all charged with criminal trespassing and disorderly conduct. choosing the colors of the world trade center spire, here's your chance. participants can choose the color by working together. it is all part of the event at the brooklyn bridge honoring the centennial celebration for the national parks service. today might be the perfect day to do it. >> wait until tonight.

temperatures dipping down into the 50s and 60s. it is 76 in midtown with a northwesterly breeze. sunny and breezy across the area. that will continue to be the case going into this evening. the winds will die down a little bit, but it remains clear and cool. dropping off to the 60s in the city by 11:00 p.m. and 50s to the north and west. this spectacular pattern will last for a few more it's not so great in terms of the drought situation we're in. some areas haven't even received an inch total for the month. bridgeport with over 3 inches of rainfall. that brings your departure up a little bit. but look at islip's departure. 7.48 inches below average in the precipitation department. it shows you why it is so crucial across suffolk county.

situation here over the central part of the county, but most of the tri-state area in the dry to significantly dry situation right now because we haven't seen much rain since the first of the year. now what usually combats that or helps to ease that is a long duration of rain or tropical system. we're hoping we don't get anything like that here because there's also the bad side of that. but in the meantime, the tropics have become more active now. the peak of the hurricane season happens in just a we have fiona out here. it is down to a tropical depression. this system east of the caribbean is moving slowly. not expecting it to develop to a named storm, but could bring rain there. they're watching it. the storm off the coast of africa, that one may get the next name. with less rain, we're seeing warmer temperatures too. the warmest on record globally for the entire world, that includes the united states.

consecutive month of record breaking temperatures. that is according to nasa. 70s to near 80s. near average or slightly below. areas north and west in the 50s. it is nice on wednesday too. when we get to thursday, friday, the temperatures so start to climb and so does the humidity, but not for this weekend. back to you. new at 5:00, f you can help the fbi catch criminals instead. the agency launched a new app hoping you can get the nation's most dangerous bank robbers off the street. you'll also have quick access to a link allowing you to tip off the fbi. pick it up or pay up. that's the new regulation in a long island community. dog owners should take note.

waterways from waste, people will be fined for not picking up after their pets. you must remove pet waste with a plastic bag. also a new rule that no dog can be leashed or tethered for two consecutive hours within any 24-hour period and choke collars also prohibited. a consumer alert for something you may have in the freezer. a recall of frozen corn from a pennsylvania company. among the brands foods frozen cut corn, better value frozen corn. the problem possible listeria contamination. the bags were sold in new york, new jersey, and connecticut. for more information, just download the nbc 4 app and search corn. there is an app for parents they should take note of. it includes one that tracks your kids. getting a sense of security though comes at a cost. better get baquero for a look at

>> they aren't too expenexpensi. there is a monthly service fee that you should know about. we spoke to pcmag.com for their suggestions. it is hard to keep track of kids as they race through playgrounds. if you want to know where your young one is at all times, this device on 5-year-old riley's arm can help. it looks like a wristwatch, but does a lot more than just tell time. >> the gizmo gadget is great because it doesn't look little kiddie. it looks like a real digital watch. it lets kids call people, be called, send emojis to and from their parents, as well as being tracked. >> reporter: sasha is lead analyst for pcmag.com. the lg gizmo gadget at the price of $150 is among his favorite tracking devices for kids. for kids who can't read, the

press symbols to communicate with mom and dad. >> i just located her. it is showing that she's right here in the corner of madison square park, which is where we are. >> reporter: other devices like the tracks play at $99 only track location, no messaging capabilities. you put them into a backpack or pocket or pet's collar and they transmit location. you pay for the devi $10. if you want just an app, sasha likes life 360. >> it lets you create a family group with different kinds of phones. some android phones, some iphones, low-cost phones. track people and do family group messaging as well. >> do you think the cost is worth it? >> absolutely.

something that is going to help keep her safe, i would pay anything for that. >> making sure you tell the children not to take those devices off. we warns about buying gray market imports online. those devices do not have support programs here in the u.s. and they may not be compatible with wireless carriers here. >> remember everyone who reaches out will get a response from the team at the consumer investigative center. up next, the new campaign to prevent dozens of barges from turning the river into a parking lot. and natalie is here with a look at what's new at 6:00. chaos at a crowded house party when two shooters open fire. we'll be live on scene.

secrets, how they choose their targets, and what you can do to protect your home. those stories and much more

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mayors of several westchester county cities are joining forces in their barge plan battle. a proposal being floated would turn the hudson river into a parking lot.

>> reporter: you know, for these river towns, the hudson is the crown jewel of their communities and they have worked long and hard to turn the waterfront areas into desirable places for living and recreation. they see all of that as threatened. >> i don't want to see barges here. >> reporter: neither do the westchester county mayors and supervisors who launched the ban the barges campaign, urging people to sign an online peti. able to drop anchor on the hudson would mean more chance of an oil spill. >> if one of them leaks, the environment they will impact would be catastrophic to all of westchester county. >> reporter: the maritime association says their plan would reduce the possibility of that since vessels would have designated safe harbors from fog, storms, and ice.

drops to accommodate as many as 30 barges. >> it has to do with the oil and gas industry and their desire to use the hudson river as a super highway for moving oil. >> reporter: the coast guard tells us it is still a very fluid situation. the public comment period doesn't even expire until september. only after that can they begin working on a final proposal. the towns say they can't afford to wait to voice their in yonkers, i'm roseanne colletti. >> thanks for watching. stay with us as the news continues. now at 6:00, abuse settlements after decades of waiting for justice. a local catholic high school agrees to pay the alleged victims. a violent night. two gunmen open fire at a packed house party. now the search for the suspects and our exclusive interview with one of the 13 victims. governor cuomo checks out the progress on the first major

in years. "news 4 new york at 6:00" starts right now. i'm natalie pasquarella. >> and i'm david ushery. our top story, some sense of justice for some alleged victims of child sexual abuse years after it happened. >> it is the end of a long and emotional journey for victims. gus rosendale was there. >> reporter: much of the abuse pp 80s, but the pain is still very much alive. >> we have only scratched the surface. >> reporter: robert was once a victim, abused, he says, for ten years by clergy as a child. his quest for justice had taken him to this campus in ordell, new jersey. bergen catholic high school will

students who claim they were abused years ago by staff. the allegations do not include any current faculty. >> never received an apology. that would have been very important to me. not the money. just the apology. >> reporter: the group made their move directly against the school and not the church. more cases like this one will soon be making headlinehe >> we seem to be having a wave of the private and catholic wealthier schools. >> reporter: school officials here declined comment today. though their lawyer called this a good faith mediation effort. i'm gus rosendale, news 4 new york. we want to get to breaking news right now in manhattan where a manhole fire has knocked out power to hundreds of homes and businesses in chelsea. dennis protsko is over the scene in chopper 4 with these breaking details. hey, dennis.