The quackbuster’s latest assault, the attack against Green Bay Physician Eleazar Kadile MD has been stopped DEAD in it’s tracks. All that’s left is the settlement agreement, and the punishment that’s going to be exacted on the perpetrators.
Opinion by Consumer Advocate Tim Bolen
On July 17th, 2003, in Madison, Wisconsin – At the end of “Day One” of the trial (cross-examination) of top “quackbuster“ Robert S. Baratz MD, DDS, PhD, the Judge called in the attorneys for a short meeting. In essence he said “Enough is enough. This has gone on too long. There’s no reason to go on with this farce. I want the defense to wrap up their cross-examination by 11:00am, the prosecutor to finish re-direct by 12:00 noon, and after lunch we’re going to settle this case.”
Ever since that day, attorneys for the “good guys” have been in negotiations with the Wisconsin Department of Regulation & Licensing (DRL) attempting to settle the case – and a lot of ground has been gained for our side. In essence, the so-called “Stipulation” that Wisconsin Prosecutor Arthur Thexton attempted to force on Eleazar Kadile MD, of Green Bay, WI, is almost gone. To save face, DRL wants Dr. Kadile to have his practice evaluated by the University of Wisconsin, and pay some costs in the case.
But, on the other side of the coin – there are some things we, in the North American Health Freedom Movement, need to have, and DRL doesn’t want to talk about them. So, we’re NOT that close to settlement.
WHAT HASN’T BEEN AGREED TO YET?
Four things:
(1) The State has NOT YET agreed to go after (sue) their so-called “expert witness” Robert S. Baratz MD, DDS, PhD for the fees they paid him for his testimony. Nor have they yet agreed to prosecute him for “Fraud, Perjury, and Obstruction of Justice.” Baratz has been paid, or has billed, about $100,000, so far, for his so-called “expertise” in the Kadile case. Examination of Baratz’s so-called “qualifications” reveals he has been FIRED from every job we could find he’s ever had. It appears he was FIRED from Tufts University, University of Boston Medical School, The Veteran’s Administration, his only job as a Dentist, Harbor Medical Center, etc., etc., etc., etc., etc. He neglected to mention these MINOR (Sarcasm intended) problems on his resume to get the “expert witness” job with Wisconsin DRL. Baratz currently operates a hair removal salon in Braintree, Massachusetts. He runs the ludicrous National Council Against Health Fraud (NCAHF) out of the same address.
We’ve suggested that DRL take the initiative to prosecute Baratz, starting by demanding their money back. We’ll help with that. We could cooperate with DRL by insisting that Baratz finish his cross-examination on the medical issues in Dane County, Wisconsin. The State could put a different attorney in to replace prosecutor Thexton for this part. We could simply have someone from the Dane County District Attorney’s office, and from the Attorney General’s office sitting there the whole time. We’re EAGER to get Baratz in front of the video camera, and cross-examine him on his statements.
(2) Prosecutors Thexton and Polewski both act outside of the bounds of a State attorney. (a) It is apparent they both are entities unto themselves – without supervision. (b) They both act on behalf of Baratz’s organization – the so-called National Council Against Health Fraud (NCAHF). (c) Both of these two abuse the power vested in them for personal agenda. (d) There is no mechanism to reign in an out-of-control prosecutor at DRL. No “Internal Affairs,” as it were.
We need to resolve this issue. Thexton has already made statements indicating he will use his job to seek revenge against those health professionals in the state that helped out in the Kadile case. Thexton has also indicated he will use his job to “Make policy, since the medical board won’t.”
(3) Sid Johnson, the so-called Medical Board case advisor, is also the one who initiated the charges against Kadile. He is the current President of the Wisconsin Medical Board. He, apparently, will be able to control the final decision against Kadile in closed session. So, no matter what is negotiated here – the final decision will be in the hands of one of Robert Baratz’s buddies in a closed room where we’ll have no say.
(4) The NCAHF (the quackbusters) have a target list of certain health practices they want to harass. I’ve researched the cases that both Thexton and Polewski are persecuting recently. They fit the bill. Microdentistry, anti-amalgam, electronic testing and treatment devices, chelation therapy, and anything that uses the idea of “prevention” of disease or health problems. Years ago the NCAHF put out what it called “The ding-dong list,” of health practitioners it wanted harassed. I have no doubt it still does that, and I think Thexton and Polewski have that list – and are selecting targets from it. I believe that several employees of DRL have attended quackbuster sponsored “seminars” on so-called “health fraud. In other words – no health professional in the State could be afforded “Due Process” if all the Investigators, the prosecutors, the Administrative Law Judges, and health Board members have already been indoctrinated to believe that deviating from the regular use of the drugs/surgery paradigm is “health fraud.”
THE “DEAL KILLER”
It is prosecutor Thexton’s, and other’s, comments surrounding the case that create the “deal killer.” If we can figure out a way to nullify Thexton’s threats, intentions, etc., we can conclude the Kadile case – and probably head off additional actions, both for Kadile, and the host of others I’ve gathered together to do battle with Thexton and Polewski..
In all, I believe that it is Thexton and Polewski, and their lack of supervision that is the problem. “Color of Authority,” and personal agenda, issues come immediately to mind. It is our contention that Thexton, and the so-called “case advisor” Sid Johnson, did little, if any, research in the Kadile case beyond contacting the crackpot quackbuster organization. All of the case appears to have been assembled from, and of, the opinion of Robert S. Baratz, and Stephen Barrett MD (quackwatch.com).
For instance:
(1) Thexton told our attorney Frank Recker, in private, that he was going to retaliate against all of the Wisconsin licensed health professionals that supported Kadile. He has stated that he is planning to prosecute ALL of the CAM practitioners in the State, one at a time. By my estimate, using Thexton’s definitions in the original stipulation, that’s about 1,200 practitioners. I think there are mental health issues here.
(2) Thexton has stated in front of witnesses, including John Schweitzer, that he “is going to make policy, even though the Medical board won’t.” As we know, in the Wisconsin Krahenbuhl case, the Federal Judge threw out the case on the basis that Polewski was operating “within the parameters of the job.” I had one of our Legislators get all those parameters for us. Since when is it Thexton’s job “to make policy?”
(3) In Thexton’s presentation he attempts to denigrate certain Federally approved testing laboratories by setting up new categories he described as “conventional” and “non-conventional.” There are NO SUCH designations – there are only CLIA approved, and non-approved labs. The Federal government regulates, and classifies laboratories – NOT Arthur Thexton and Robert Baratz. Two of these CLIA approved so-called “Non-conventional” labs are considering a personal action against Thexton for his characterization.
(4) Thexton is trying, in his presentation, to change Board existing policy. In #5 under his findings of fact Thexton writes: “The Board has no position on this phrase, etc…” In fact, the opposite is true. The Medical board, on July 24th, 2002 adopted a specific position on this issue – completely at odds with Thexton.
(5) Case advisor Sid Johnson is having problems with his family over the Kadile case. Johnson was the one who made the complaint against Kadile about Kadile’s treatment of his nephew Andrew – which is ongoing…. Andrew, and his part of the family, are very angry and upset with Sid Johnson, and have confronted Johnson over his conduct in the case. Johnson told his family “We’ve been after Kadile for years…” The question that comes up, immediately, for me, is “who does he mean when he refers to ‘we’?” The board members, and especially the president of the board, are supposed to be neutral. Johnson has an actionable conflict of interest here. This man has set himself as the accuser, the case advisor, and the final Judge in the case.
With these real concerns on the table, I see know reason to settle the case. The Kadile case is perfect for our needs in that it has everything we need to proceed in Federal court, at the AG’s office, in front of the Grand Jury, in the legislature, and in the media. We’ll use the issue in this case to solve all of the other problems.
THE COUNTER OFFER
We can stop this action, and almost all others coming up, if we can make agreement on some issues. They are:
(1) If employment termination is not an option, then both Thexton and Polewski need continuous supervision, in the selection, processing, and handling of their cases. At the very least, there would have to be a written process that they, and all prosecutors, would have to adhere to, that would include some factors that other States have adopted, like (a) cases have to be evaluated by peers BEFORE they go forward. California, North Carolina, etc., have adopted policies wherein the investigative team turns over their case to two EXACT peers (same specialty, including CAM) for evaluation before the case can proceed. (b) prosecutors would have to negotiate on behalf of “someone else” who would make the decisions, (c) Thexton and Polewski, specifically, would have to undergo examination of their legal practices by an outside authority – perhaps the University of Wisconsin Law School could select five each of their cases, for examination – with a report back to the DRL.
(2) We’d need some departmental regulations dealing with “new” procedures in health care in line with the reality of health care. The Office of Technology Assessment report of 1978 (OTA 78), and successive studies, have shown that about 80-85% of medicine is “art,” and only about 15-20% is “scientifically proven.” The report showed that “doctors trying new things” is accepted practice, and part of the growth of new ideas. We’d need to have a policy in place to make it acceptable for health professionals to try new things, and new ideas. ALL health professionals already do this.
(3) We’d need written criteria for “expert witnesses,” and the selection of same. No more crackpots. No more huge fees. Cases should not go forward, ever, on the say-so of one nutcase. The “record keeping” issue here, for instance – Every medical specialty has it’s shorthand and jargon unique to itself. One would not expect a Brain surgeon to be able to understand a Dermatologist’s or a Psychiatrist’s notes in a Medical record – but, the same specialty should be able to.
(4) We’d want DRL to join with us in going after Baratz, civilly. We’d want no barriers in the settlement to this. We’d want DRL to officially demand their money back from him, and bring in the AG’s office, or Dane County in a criminal action for fraud, perjury, and obstruction of Justice. If we decide to go to the Grand Jury with the case against Baratz, we want DRL to be right there next to us, or leading the foray.
(5) We’d want a “monitor” system in place, where a complainant could go to complain, and expect to get relief, about the activities of a DRL prosecutor.
(6) Sid Johnson needs to be replaced.
(7) We want our legal expenses for a case we shouldn’t have had to fight.
If we can work together on this, we’ll hold DRL, etc., harmless, and we’ll laud their cooperation in all the right places. We could reach a settlement within hours. Understand clearly, we will not hold Thexton harmless. He knew he had a fake witness, and proceeded anyway, even after he was warned. We want DRL “Not to defend him” In fact, we want the opposite to happen.
If we can’t do it this way, our media and legislative assault is coming along nicely.
Stay tuned…
Tim Bolen – Consumer Advocate