Opinion by Consumer Advocate Tim Bolen
Yes, the title of this article is rude. But I’ve got some last minute Christmas shopping to do, and I’m not going to nice it up. The reality, of course, is that it was not actually Santa Claus that delivered Barrett’s parts, but a Federal Judge. Considering the timing of the Judge’s actions, I’ll stick with the title.
Last January 31st, 2011 Stephen Barrett, of quackwatch.com infamy, filed a Motion to Dismiss in its entirety, the Doctor’s Data v Stephen Barrett Federal court case. Barrett’s reasoning (if you could call it that) was that he was protected from lawsuits because he, Barrett, was “Assisting Government.” Laugh here.
More, it was clear to me, that Barrett was demanding that the Federal Court declare him, Stephen Barrett, as the undisputed “Czar/God of US Health Care.” Barrett, too, demanded that both the National Council Against Health Fraud (NCAHF), and Quackwatch Inc, be removed from the case. More, Barrett demanded “Sanctions” against Doctor’s Data and their lawyers, blah, blah, blah…
A new Judge had taken over the case, so there was a delay in the Judge’s Decision in Barrett’s Motion to Dismiss. But we need to wait no longer. The Decision is in.
Barrett lost…
Yup, Stevie was NOT declared the undisputed “Czar/God of US Health Care.” Neither the NCAHF, nor Quackwatch Inc was removed from the case – and this is of utmost importance, as I will explain below.
Now, Discovery will begin – IN EARNEST.
And Now things will get VERY interesting…
In an earlier article titled “Barrett’s Sweaty Desperation…” explaining the case, I had said:
Where’s The Beef? It’s Right Here…
In summary, the case against Barrett, so far, simply points out that he, Barrett, and his minions, masters and henchmen are operating a sleazy scheme for profit. Below, in what is called “The Background,” you will find a detailed explanation of the point of the case as the attorneys for Doctor’s Data, are laying it out for the Judge right now.
But don’t be fooled – for although this part of the case is very substantial it is just a step to get to the real meat of the case, which will come to light during the Discovery phase. And Barrett, his minions, masters, and henchmen are in an absolute panic about Discovery – for it will be there that vital information to increase the scope, and the focus of the case will be uncovered.
Why? Because during “Discovery” Barrett will be required by the Federal Court to answer virtually thousands of questions about how he, his minions, masters, and henchmen operate – and he will be videotaped. He cannot refuse, nor lie, for if he does either it is common practice for the Court, in these kinds of instances (Contempt of Court), to clamp the offender into the local jail until they straighten out their attitude.
So, Discovery will be the beginning of the end for the Quackbuster Conspiracy. Enough information will come out of that process to justify, I think, hundreds, if not thousands, of new lawsuits, financially devastating Barrett’s operation.
Then too, I predict, Discovery will show that Barrett, in fact, is merely a figurehead, a minor player in the ruse, and most likely was NOT majorly responsible for these writings – so, I think, the focus of the case will change and many more Defendants will be added.
Then too, is the issue of the conspiratorial “Google Bombing,” where Barrett’s minions and masters forced Barrett’s sleazy writings to the first page of the search engines. That issue, although mentioned, has not yet been dealt with. Discovery will bring this process, and name the conspirators, to light. Once that happens, I predict, the case will change significantly.
The Stalling is Over – Discovery Begins…
Well, actually, you can be sure that the stalling is NOT over. Just the stalling to get to the point to open the Discovery door is over. Now stalling each step of discovery will begin. Why? From Barrett’s, the NCAHF Board Member’s, the Quackwatch Inc Board members, and the skeptic’s viewpoint it is all downhill. Right this moment they are looking around at their assets realizing that it is just a matter of time before they need to pick out a bridge to live under.
Why? There is a twenty million dollar claim to pay up.
AND, there is another issue that now needs to be dealt with – the fact that Barrett’s minions and henchmen, after the case was filed, tried to achieve what is known as the “Streisand Effect” running Doctor’s Data out of business. In an earlier article I had said:
(1) What the Defense (Barrett’s legal team) is doing is to stall, stall, stall, stall, stall with every legal trick they can think of. Why? I believe that Barrett’s Masters thought they could run Doctor’s Data out of business, during the case, by making an increased attack on them on the internet. As you recall, the “Skeptics,” as I reported in an earlier article called “Quackpots in a Tizzy Over Barrett Getting Sued...” had organized an attack called a “Googlebomb.” Below is an excerpt:
Besides the fact that “Orac” whined, like a girl, through the entire article, his comments, it looks to me, are more than enough to get him added on as a Defendant in the case. I can see that coming. But better, and this where I give him the “dumb of the dumbest” rating, was his last paragraph saying:
ADDENDUM: You can help Dr. Barrett, too. If you’re a blogger, please write about this.
What “Orac” was doing was soliciting MALICE – and he was successful. The kiss-ups went to work organizing what’s called a “Googlebomb” insuring that their totally libelous version of Doctor’s Data, and their version alone, dominated the internet search engines.
This is VERY important. Because it was organized legal malice. Stupid? You bet. Legal “Malice” is just about indefensible in Court, and comes with the penalty, in virtually every jurisdiction in the US, of bringing on massive punitive damages without having to prove any damages in the first place. The punitive damages are applied JUST BECAUSE there was Legal Malice. Like this:
“Malice – A desire to harm others or to see others suffer: despitefulness, ill will, malevolence, maliciousness, malignancy, malignity, meanness, nastiness, poisonousness, spite, spitefulness, venomousness, viciousness. See attitude/good attitude/bad attitude/neutral attitude.”
“Malice, to most people, is a nasty feeling of wanting to hurt another person. What many people do not know is that if malicious action is taken against one party, the other party has the civil right to bring a lawsuit. This is called legal malice, or one party’s intent to cause harm to another party. What is important to note here is that malice is the intention of causing harm. Criminal offenses of causing actual harm to another party is separate from legal malice. It is important, also, to determine whether the malice is expressed or implied. In expressed malice, one party gives an outward indication of the intention to cause harm to another party. This may include an oral statement or printed statement. Implied then, is the implied intention of harm in a killing or harming of another party. “
Doctor’s Data could subpoena, following the “Googlebomb” attack mentioned above started by Sanofi-Aventis agent David Gorski (Orac the Nipple Ripper), the “Skeptic” network files, garnering information on who, exactly, the hidden “skeptics” actually are, and how they are funded.
Why is it important that the NCAHF and Quackwatch, Inc were left in the case?
Because this is going to be a jury trial. Barrett does not testify well in court, at all. The jury could very well award Doctor’s Data way more than what they asked for (Five Million in damages, and Fifteen Million in Punitive Damages). Barrett can’t even pay his attorneys fees much less a court judgment. The skeptics involved in the “Googlebomb“, for the most part, it looks to me, are people who can’t hold a job – so that’s no help. Which leaves a few “skeptics” and the individual Board Members of the NCAHF and Quackwatch, Inc.
Much more coming.
Stay tuned.
Tim Bolen – Consumer Advocate
PS – And have a happy holiday – whatever that may be.
– See more at: https://bolenreport.com/feature_articles/Doctor’s-Data-v-Barrett/santaclausgift.htm#sthash.xWbhFi1U.dpuf