AETNA Loses Major Dental Case
in Fed Court - Is This Their Demise?...
Opinion by Consumer Advocate Tim Bolen
Sunday, January 29th, 2006
Late Friday, January 27th, 2006, 10th District
Federal Court Judge Marcia Krieger handed
struggling Aetna Insurance, perhaps the biggest
legal loss in Aetna's history. And, it was over
a dental issue. The reverberations will be felt
worldwide. This case may be one of the two
straws to break this company's back. I'll tell
you about the second straw further into this
3:00PM, Central Standard time, in Denver,
Colorado, Aetna attorneys and top management no
doubt went into cardiac arrest when a decision
"Cavitat v. Aetna"
Federal case was announced by the Judge,
especially since the decision came only one week
after Aetna had arrogantly crowed its legal
position to its customer base in Business Week
Magazine. It is not known whether Business Week
plans to retract its story and apologize to
those it named.
August of 2004, a small manufacturer of medical
devices, Cavitat Medical Technologies of Denver,
Colorado filed suit against Aetna, and named as
Stephen Barrett, his dubious website "quackwatch.com,"
Robert S. Baratz MD, DDS, PhD, the
National Council Against Health Fraud (NCAHF),
and a big chunk of the organized
"quackbuster" conspiracy, in Colorado, for
"were and are each employed or associated with
an enterprise, and participated and participates
in the conduct of the enterprise affairs through
a pattern of racketeering activity in violation
of 18 USAC1962(c) and C.R.S. 18-17-104(3). Said
pattern of activity included and includes, but
was and is not limited to, the preparation,
publication, dissemination and transmittal of
information by US Mail and by wire through
internet websites by wire and other media which
falsely represented the Plaintiff's product and
technology, constituting a violation of 18 USC
1341, 1343, 1347 and 1349, and CRS
"(1) Publication of an Injurious Falsehood, (2)
Tortious interference with a Prospective
Business Advantage, (3) Negligent interference
with a Prospective Business Advantage, (4)
Interference with contract or prospective
Contractual Relation, (5) Federal and State
RICO (18USCA 1961 et seq. and C.R.S. 18-17-104).
have a copy of
the lawsuit on my desk (12 pages), and I
LOVE the way it reads. I've put a
copy on one of my websites. It's a model,
as far as I'm concerned, of the way a hundred
other lawsuits should be filed against the
"quackbuster" conspiracy, all over North
the lawsuit complains that Bob Jones
invented a device called CAVITAT which easily
finds cavitations in the jawbone long before an
x-ray can, got that device properly approved by
the FDA, started selling it all over North
America, only to have the
quackbuster operation bad-mouth it. Aetna
Insurance picked up the
quackbuster's commentaries and used them to
deny claims for its use, and for treatment based
upon results of its findings. The
quackbusters that wrote the report (Dodes
and Schissell) claim to have a dental clinic in
Forest Hills, New York. They are the mainstay
writers for Barrett's dubious "dentalwatch.com"
website. Dodes and Schissell have very
Scientist Bernard Windham probably explains best
quackbusters are so eager to kill CAVITAT
for their paymasters. Windham says
"Cavitations are diseased areas in bone under
teeth or extracted teeth usually caused by lack
of adequate blood supply to the area. Tests by
special equipment (Cavitat) found cavitations
in over 90% of areas under root canals or
extracted wisdom teeth that have been tested,
and toxins such as anerobic bacteria and other
toxics which significantly inhibit body
enzymatic processes in virtually all
cavitations. These toxins have been found to
have serious systemic health effects in many
cases, and significant health problems to be
related such as arthritis, MCS, and CFS. These
have been found to be factors along with amalgam
in serious chronic conditions such as MS, ALS,
Alzheimer's, MCS, CFS, etc.. The problem occurs
in extractions that are not cleaned out properly
American Dental System, with the American
Dental Association (ADA) at the helm, is buried
in 100 year old technologies, won't accept
anything new, and is fighting a losing battle
over their promotion of deadly poisonous mercury
amalgam (they call them "silver")
fillings, and ultra-dangerous, but highly
profitable "Root Canals." The ADA, I
hear, has lost a second insurance carrier,
because of its endorsement of certain dental
products. And, it is being sued by its former
insurance carrier for lying to that carrier
about the safety of mercury amalgams.
Worse, the ADA, isn't telling its membership
about its legal problems. A California dentist
found out the hard way that the ADA won't back
those dentists that still install mercury
amalgams, stating "he should have known how
dangerous they were..."
The ADA, isn't telling its membership about its
Public Relations problems, either. Mainstream
media has picked up on the ADA's plight. The
Chicago Tribune, a few weeks ago, ran an article
your teeth toxic?
in 'silver' fillings would be hazardous waste in
a river----yet it's sitting in your mouth..."
Aetna has been in BIG trouble for a while...
Aetna, just a few years ago, according to
"was losing about $1 million dollars a
Then John W. Rowe was brought aboard as CEO.
Rowe made big changes to stop the hemorrhaging.
The biggest thing was implementation of a new
system labeled Executive Management Information
System (EMIS) designed to replace an old system
that Rowe said was
"using stale information to make actuarial
assumptions about what was happening in health
Again, Baseline says
performance management system helped Aetna
understand where it was losing money and what it
would have to change to reverse that trend.
Initially, Aetna returned to profitability by
raising its rates and deliberately driving away
unprofitable customers. But over the past couple
of years, it has continued to increase profits
by whittling away at overhead expenses and
The "Cavitat v. Aetna" case, though,
points out Aetna's reality - and the emptiness
of their so-called "recovery." The key
words to the problems brought up in the Cavitat
case were in the statement above "it
has continued to increase profits by whittling
away at overhead expenses and medical costs."
It's how they
accomplished that increase in profits, that
becomes the rub - and is the situation that will
anger the health industry towards Aetna far more
than anything else.
So, how DID Aetna do
case uncovered four Aetna secrets, a good many
of which are revealed in a transcript of a
hearing where Aetna tried, unsuccessfully, to
change the trial to as different Court. They
Aetna makes a policy of using known
medical/dental "quackpots," and "liars
for hire" as "medical dental experts"
evaluating the unsuspecting health
professional's choice of testing, diagnosis, and
treatment of patients for the purpose of denying
Aetna has a list of legitimate CPT codes that
they will NOT pay for under ANY circumstances.
They do not reveal this to health professionals.
If ANY health professional uses the legitimate
CPT codes mentioned above in a billing, Aetna
puts that health professional on a supposedly
"independent" computer "health fraud"
list it shares with other insurance companies,
State licensing agencies, and law enforcement -
permanently "marking" that unsuspecting
health professional as a "suspected
criminal," nationwide. From that point on
there is a target on that health professional's
heart. The victims have no way of knowing, or
finding out, that they are listed as a
"suspected criminal." We suspect that there
are over 70,000 health professionals on that
list right now.
Worst, is that Aetna uses the State health
professional licensing boards, and their
disciplinary process, to punish health
professionals who dare to challenge Aetna's
payment denial - filing a formal complaint
against that doctor/dentist forcing them to go
through an expensive "investigation," and
a State hearing process. Aetna can refer
the State agency to the supposed independent
computer "health fraud" list, saying
"see, they're already a suspected criminal..."
The New York State Medical Society ran an
article last year claiming that not only are
insurance companies using, and abusing, the
State licensing boards over claims, but they are
"funding" those investigations and
in mind that these policies are not just
restricted to those patients covered by Aetna.
Aetna is the so-called "plan administrator"
for hundreds of other insurance plans, including
some segments of Medicare....
The "Cavitat v. Aetna" case was the
beginning of a war...
is not for the timid.
Jones the inventor of
is certainly not timid. He spent years proving
his Cavitat device had merit - so much merit, he
scares the crap out of
His device, literally, tears apart long, and
strongly held, beliefs in dentistry. His
device shows that dentistry's highly profitable
method is, and always has been, an oral cess-pool
of bacteria of the worst kind - the kind that
can, will, and does, literally, stop the human
heart from beating. His device changes
are an industry unto themselves. It is their
job to stop new things in health care.
Originally started, and funded, by 26 drug
companies, they've expanded to become the
misdirection agency for everything new in health
care. They get paid to stop, or damage,
anything, and everything, that competes with the
status quo. When something new arrives on the
health scene, soon you'll see an article about
it on delicensed MD
Stephen Barrett's dubious website
And Barrett, and his sleazy quackpot friends,
are more than willing to testify against that
new thing, claiming to be experts at something
that, a few days before, they'd never even heard
of. For a price.
made the mistake of trying that crap on Bob
Jones. They used their usual sleazy
bringing in two of their lower-level
Dodes and Schissell, from the ludicrous
infamy. Dodes and Schissell wrote a so-called
which NO peer reviewed JOURNAL would publish,
but Barrett put on his website, parading it as
though it had merit.
Everything would have been fine, because, in the
industry, for the most part, Barrett, and his
cronies have the acceptance of dog doo-doo on
your shoe. Aetna Insurance, for reasons not yet
revealed, however, chose to accept
quackbuster crap as credible - and chose to
republish their statements, with statements of
their own, added.
Bob Jones said
And down he went, into central Denver, and
plopped himself down in front of
nationally famous civil rights attorney Walter
"Walter, I need your help on something..."
the war began...
Aetna had to have been literally stunned at
Cavitat's legal assault. For, Cavitat had laid
out the situation, in legal, documents,
flawlessly. To me, there was no "out" for
Aetna, They'd done exactly what Cavitat said.
So, what would their response be?
they did what every multi-billion dollar
corporation does when sued by a "little
guy." They went out of their way to make
the case too expensive for Cavitat to litigate.
Here's what they did:
First, they assigned the case to five separate
BIG law firms, all of which began to file
massive amounts of legal paperwork designed to
deluge Cavitat's attorneys with work,
distracting them from pursuing their own case
They subpoenaed every item they could think of,
including Cavitat's trade secrets, their bank
accounts, personal and corporate - and even
though the court ordered those documents to be
"confidential," they turned all of that
information over to sleazy
Stephen Barrett, who put all of it on his
dubious website "quackwatch.com."
(3) Then they went to every State licensing
board and filed formal charges against ALL of
Cavitat's backers, and expert witnesses,
pressuring those witnesses to "not testify."
This action, of course, was designed to cost
those Cavitat "expert witnesses" a
fortune in personal legal fees, and exert stress
in their lives. The so-called "expert
witness" Aetna used against all of these
people was Robert S. Baratz MD, DDS, PhD - the
current president of the legally defunct
Council Against Health Fraud (NCAHF).
Baratz was named as a co-conspirator in
Cavitat's original lawsuit.
(4) Then Aetna filed their counter-claim (a
counter-lawsuit) stating that Cavitat, all of
its users, all of its expert witnesses, etc, in
essence, were engaged in a conspiracy to defraud
Aetna insurance, blah, blah, blah... Their
claim, although poorly written and hard to
understand because of its almost "ranting"
quality, seems to be saying that NICO (Neuralgia
Induced Cavitational Osteonecrosis) doesn't
actually exist - and (insert laughter here) is a
"fake diagnosis designed to defraud Aetna
insurance, blah, blah, blah.."
In that complaint they listed some of the who's
who of American Dentistry, and science, as
"conspirators" against them - top people
from the University system, including the
Universities of Texas, Kentucky, Ohio, Arizona,
etc. The complaint went on and on - even naming
one of the top authors of Dental textbooks in
the US as a "conspirator.."
Using the "fake" counter-suit described
above, Aetna used its billions of dollars, its
hundreds of attorneys, and its connections with
State and Federal authorities to begin to
harass, en-masse, with subpoenas, demands for
depositions and personal information, anyone,
and everyone connected to Cavitat. Of course,
Aetna bragged in court that it had listed all of
these victims on the so-called "independent
computer 'health fraud' list."
They even began to harass me, Tim Bolen,
claiming that I was somehow a "conspirator"
against them. They gave me fifteen (15)
paragraphs (insert belly-laugh here) in the
writing of their cross-complaint. Using that,
they sent thugs to my daughter's apartment
building, physically threatened my neighbors,
and I've just found out - "subpoenaed my
telephone bills" without me knowing it. So,
if I've called you on the phone within the last
seven years, and your cat has disappeared
recently, your dog has been poisoned, there is a
bad smell in your yard, or there is someone who
looks suspiciously like a vampire peering in
your windows - call Aetna's Customer Service
line, and complain.
(6) Bob Jones, Cavitat's founder and CEO,
believes that Aetna has been illegally
wiretapping his telephone. I tend to agree with
him - they are, and here's why I think so. Bob
and I, in a telephone conversation we knew, for
certain, couldn't be wiretapped by Aetna, set a
trap for Aetna - and they walked right into it.
We "invented" information, a
non-existent bank account, supposedly in the
"Bank of Laredo." Bob Jones then briefly
discussed, with his own attorney, that account
in the "Bank of Laredo" as though it
actually existed. Only a few weeks later, Aetna
sent a new set of "interrogatories" in
which was a demand for "all information about
the accounts in the Bank of Laredo..."
(6) Aetna then took their "fake"
cross-complaint story to the media. First they
put the whole thing on
Stephen Barrett's goofy "quackwatch.com"
website. It's still there today - with
Barrett's arrogant commentary. Then they went
to Business Week magazine, where they are a
MAJOR advertiser, and got a story written making
them out to be some kind of hero combating
health fraud - especially combating "that
evil Bob Jones, Cavitat, blah, blah, blah."
But then the Federal Judge stepped in...
10th District Federal Court Judge Marcia Krieger
just didn't see the amusement in Aetna's
tactics, I guess. She took the opportunity to
take a close look at Aetna's cross-complaint -
and decided, last Friday, January 27th, 2006, to
put an end to Aetna's overbearing ploy. You can
read the Judge's decision by clicking here.
read a lot of Court documents. So, let me read
between the lines, and tell you my
interpretation of what the Judge really said in
her decision: She said:
I don't appreciate principals in a case filing
"fake" complaints. I expect, in my
court, to have documentation that substantiates
claims, attached to court cases.
I do not approve of "fake" complaints
being filed in my Court, obviously using my
Court as a tool to defame someone under the
guise of a legal action.
One last thing...
The American public has become wise to the
health insurance industry's sleazy tactics. A
good many health professionals have signs on
their office doors clearly stating "We DO
NOT take insurance..."
But the State of California is going ten steps
farther. Senate Bill 840, having already passed
the State Senate, is heading for a vote in the
House - where it is expected to pass. SB 840
will eliminate health insurance, within
California, completely, settling on a State run
single payer system. The law will make it
illegal for Aetna, or any other so-called
"health insurance company" to do business with
California's thirty four (34) million
American health care system is rated by the
World Health Organization (WHO) as
seventy-second (72) in quality, worldwide. Many
third-world counties rate higher. That same
system, the most expensive in the world, is
rated as the
"Number one killer of Americans."
Recently, I began seriously investigating the
health insurance industry's role in the American
health care system. I've found that they, far
worse than the pharmaceutical industry (which is
bad enough) are responsible for the decline in
American health care. Initial reports, not yet
backed up by government data, show me that out
of every dollar spent on health insurance
premiums, only nine (9) percent of that premium
goes to paying claims.
can't run a health care system on nine (9)
percent. Nor can we have a situation where an
Stephen Barrett, a man formally discredited
in the American Court System as "biased, and
unworthy of credibility," working out of his
basement in Allentown, Pennsylvania, and his
equally ludicrous cronies, can decide what
health care is going to be available to
Americans, and what is not going to be
Understand, the Judge only dismissed Aetna's
counter-claim against Cavitat - Cavitat's case
against Aetna is going to trial in a few months
- with guns blazing, so to speak.
Tim Bolen - Health Freedom