Generally speaking, I’ve always found that the word “inept” usually describes “quackbuster” leadership. I’ve never been proven wrong.
Opinion by Consumer Advocate Tim Bolen
The “quackbusters,” or in this case the more aptly descriptive term “quackpots,” are getting desperate for a victory. They thought the Jim Shortt MD case in South Carolina would do the trick. But it isn’t happening for them. Today was another example.
In a Courtroom in Columbia, South Carolina this morning, “quackbuster,” hopes were SMASHED one more time. I’m including excerpts from a message I received from one of our people there, about the occurrence:
As you know, I flew to South Carolina to testify before the kangaroo court medical board today in the Jim Shortt peroxide case. The bad news is that I am wasted, and after all this, I didn’t get to testify. The good news is that the hearing was cancelled. Why is that good? See, the “bad guys” made some bad procedural errors. The board’s attorney took a complaint to the Administrative Law Court without any action or request by the board. This occurred in November. The judge was shocked and asked the attorney who his client was, since there had been no board action on the case. The board was silent on what was happening. The judge ruled against the board, finding the Dr. Shortt was not a danger to the public. The testimony from their so called expert witnesses, as well as the pathologist, was reamed by Shortt’s defense. Their legs were chopped off.
The board then blew it. They filed an appeal with the state superior court on the Administrative Court’s decision. Then, in an act of double jeopardy, they started an action against Dr. Shortt at the board level, where it should have started in the first place, not in the admin. court. We were here today to testify at the board level.
However, his astute attorneys asked that the proceedings of the admin court be admitted as evidence. The board agreed. They took the bait. After they agreed to admit the higher court’s evidence, Shortt’s attorney then moved that this hearing be cancelled on the grounds that the board was proceeding in the higher court. State law forbids double jeopardy of this kind. After a period of tense discussion among themselves, the board and its attorney agree that any proceedings they would have today would be moot or dismissible since they were already proceeding in a higher forum. They agreed to “postpone” (cancel!) this hearing…
…However, this scenario was best for Jim. The board is in serious trouble on this case. They could have denied that they were the parties to their attorney’s actions. That would have preserved them the ability to initiate proceedings at their level. However, they were pigs. By not denying they were party to the previous failed actions, and by appealing, they were estoppled into being party. Hence, the only evidence now permitted in the case is what happened at the admin. court. No more can be entered, since in the eyes of the law, they had their chance.
They did not meet the burden of proof before the admin judge. They will fail on appeal. They were in such a rush to bury Shortt, that they blew it procedurally. We would have cleaned them up today, and it was good that we were here. I think we have enough evidence for Jim to file a multimillion dollar complaint against the pathologist, the coroner, Richard Gergel (the attorney for the dead woman’s family) and many more (hopefully the quackbusters as well). Our side is on the driver’s seat on this one.
Now we will be dealing with a much fairer forum in the Superior court before a judge without a political medical agenda!
As was planned, all along, OUR “Offense” now begins. And, a bloody one it’ll be.
Tim Bolen – Consumer Advocate