Quackbusters on the Run in Wisconsin

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"The doctor of the future will give no medicine, but will interest his patients in the care of the human frame, in diet and in the cause and prevention of disease."
- Thomas Edison

Cancer is a political problem more than it is a medical problem.

 

See:

Complaint regarding Quackwatch,

Dallas News Story

 Court Ruling

 National Council Against Health Fraud

Hunting Quackbusters

  Quackbusters - The Insurance Connection

Defending Yourself in Wisconsin

Racketeering

For updates see Bolen Report by Tim Bolen

"No man is good enough to govern another man without that other's consent." - Abraham Lincoln

 

Wisconsin Health Activists Demand Change - Legislature Reacts...

Opinion by Consumer Advocate Tim Bolen

October 16th, 2003

Things are not going well for two Wisconsin Department of Regulation & Licensing (DRL) prosecutors, Arthur Thexton and James Polewski. Their world, and their relationship with the notorious "quackbuster" operation, is under intense scrutiny by the people of Wisconsin. They are not going to survive the experience.

Last Tuesday, October 14th, 2003, the State of Wisconsin Assembly Health Committee met to discuss the entry of a consumer protection bill designed to safeguard Wisconsin consumers against out-of-control DRL prosecutors, and the "quackbuster" operation, believed to run out of a New York advertising agency. The "quackbuster" operation, records show, is believed to be funded originally by 26 drug companies who want anything that competes with drugs as treatment, defined as "health fraud."

Assembly members met with about 100 Wisconsin State health activists who were there to complain, and ask for legislative protection, against the "quackbuster's" subversive activities. The committee listened to almost two hours of testimony. The media was there covering the event.

To reads the whole story, click on http://quackpotwatch.org/index.htmlopinionpieces/Wisconsinhealthadvocates.htm.

Tim Bolen - Consumer Advocate


***

 

Wisconsin Negotiations Break Down - Trial to Resume...

Opinion by Consumer Advocate Tim Bolen

November 12th, 2003

 

Negotiations in the Wisconsin DORL v. Kadile case have broken down, and the trial is about to resume with the continuation of the cross-examination of the State's ONLY witness, the dubious Bobbie Baratz, a Massachusetts hair removal specialist.

And, that'll be FUN...

The case is a face-off between the giant North American Health Freedom Movement and the remnants of the once-successful, but now on-the-run, self-styled "quackbuster" organization.  

Baratz, who operates the questionable National Council Against Health Fraud (NCAHF) out of his hair removal and ear piercing salon was SO BATTERED in the first cross-examination day, July 15th, 2003, the Judge ordered the attorneys to finish off in one more half-day, called off the rest of the scheduled three-day examination, and ordered the attorneys to negotiate. Baratz had been ordered by the court to face three days of questions about his "credibility" alone.

"Credibility" is not a word one would use in a description of Baratz - unless you're making a joke.

The trial, which had started out as an attack on Green Bay MD Eleazar Kadile and his wife Genia, soon became an examination of the State's ONLY witness Robert S. Baratz MD, DDS, PhD, and the State's prosecutor Arthur Thexton.

The one-and-a-half day "credibility" examination of Baratz has both a video tape and a transcript available to those who have an interest. The transcripts can be downloaded from the internet by clicking here and then clicking on each transcript, one at a time. The transcripts are so large, and have such small print, that I recommend you print them out to read them.

The cross-examination of Baratz was so REVEALING, and so HUMILIATING to Baratz, that the prosecutor Arthur Thexton threatened cancellation of the negotiations SOLELY because attorney Frank Recker put the transcripts on his website.

Anyone who has an action in opposition to Baratz will want this transcript. Use it in good health.  It's an attorney's DREAM document.

You'll also want to get a copy of the video, or the DVD, of Baratz weeping during his testimony...

Although Frank Recker and I are friends...

Although Frank Recker and I are friends, we seriously disagreed about "negotiations" from the outset. I maintained that, considering the fact that DORL would allow a situation where a prosecutor like Arthur Thexton could operate in this manner, there was a clear sign that the DORL would "never negotiate in good faith." Frank took the position that "Since they had no case to begin with, they'll negotiate."

We BOTH turned out to be right. They negotiated, but not in good faith.

DORL seems to want a BRIBE, to end the case against Kadile.

The Wisconsin DORL has significant financial problems, part of which are due to the extravagant "expert witness" payments to Bobbie Baratz. In fact, THREE quackbusters have been paid consultant fees in this case - Bobbie Baratz, Stephen Barrett, and John Renner (deceased).  Two DORL employees have been laid off so far, and apparently more will soon get pink slips. DORL has spent $165,000 on this case so far, and we haven't even done HALF of the cross-examination of the State's witness. Then we bring in REAL witnesses, those with REAL resumes, REAL qualifications, and REAL knowledge of health care for the "defense" portion of the trial.

DORL has officially demanded $40,000 to end the case. Our response?  Ah, nope...

It was Thomas Jefferson who first said "Millions for Defense, and not one cent for Tribute." Jefferson was referring to America's first Naval engagement with what were known as "The Barbary Pirates" (Tripoli), who were seizing, and holding for ransom, passengers on American sailing ships off the North Coast of Africa. Rather than pay ransom, Jefferson sent the fleet - and Tripoli surrendered.

When the trial resumes, Baratz will have the cross-examination over his "credibility" continued. There is at least another day-and-a-half of that to go. Then he'll be cross-examined on his "medical testimony." And, that's where we'll do him, and the prosecutor, in.  of course, to the delight of the North American Health Freedom Movement, there will be, again, both a video and a transcript available.

Then, since Barrett (quackwatch.com) was paid a fee, it's his turn...

But, a lot more will now happen...

The cross-examination of Baratz on his "credibility" and the substance of the negotiations, brought some new things to light that we suspected.  It is now time to file a "Cross-Complaint" in this case.  Wisconsin DORL is not accustomed to having this happen and will resist it - but that's what District Court is for.

Then, of course, there are those upcoming legislative subpoenas, where prosecutors Thexton and Polewski can come in and tell the Wisconsin Assembly Health Committee all about their activities working with the quackbusters...

Their expenses are about to go up dramatically.  We're sending in the fleet...

Stay tuned...

Tim Bolen - Consumer Advocate

This "Millions of Health Freedom Fighters - Newsletter" is about the battle between "Health and Medicine" on Planet Earth. Tim Bolen is an op/ed writer with extensive knowledge of the activities of a subversive organization calling itself the "quackbusters," and that organization's attempts to suppress, and discredit, any, and all health modalities that compete with the allopathic (MD) paradigm for consumer health dollars. The focus of the newsletter is on the ongoing activities, battles, politics, and the victories won by members of the "Health Freedom Movement" against the "quackbusters" It details "who the quackbusters are, what they are, where they are operating, when they appear, and how they operate - and how easy it is to beat them..."

For background information on the "Battle between Health and Medicine" go to: http://www.savedrclark.net/by_whom2.htm. A copy of THIS newsletter, and older ones, are viewable at the website http://quackpotwatch.org/index.html.

For EVEN MORE interesting and related articles go to http://bolenreport.com/.

 

AMA Bashes Quackpots...

Opinion by Consumer Advocate Tim Bolen

November 8th, 2003

I'm suggesting to you that you spend $12 at the American Medical Association (AMA) website to read, and download, an OFFICIAL AMA COMMENTARY, and an absolutely SHOCKING article BASHING the quackbusters.  In fact, the word "bashing" is an UNDERSTATEMENT.  The AMA couldn't have made it's OFFICIAL position on the quackbuster's attack on AltMed any clearer.

The Quackbusters would like to give us the impression that they represent American mainstream medical thinking, when in fact they do not...

If anyone, in their publications, and commentaries, could claim to represent that mainstream medical viewpoint in the United States, it would certainly have to be the American Medical Association (AMA).

It looks to me that the AMA doesn't like the "quackbuster's" tactics one bit, and has clearly said so in published commentary. You can go read their five page article (if you pay the $12) titled "Battling Quackery - Attitudes About Micronutrient Supplementation in American Academic Medicine," printed in the Archives of Internal Medicine, yourself, first, but here is the conclusion of their commentary.   Words you'll never read on quackwatch.com...

"There are only three important questions when evaluating a treatment. Does it work? What are the adverse effects? How much does it cost? Ideally, the treatment or the guild to which the proponents of the treatment belong should be irrelevant to the fundamental questions of efficacy, toxicity, and cost."

The article's authors, James Goodwin MD, and Michael Tangum MD, compared the assault on AltMed to the attack by the Catholic Church against Galileo, because Galileo had the temerity to take his findings, and his message, to the masses by writing his work in Italian instead of the Latin.  Latin was the language of the official learned.   AltMed, worldwide, has bypassed the process of arguing merits in the status quo, self-styled "scientific" elite community, and has taken it's message to the people.

So, if this is the AMA's position on the issue of "AltMed" then where does that put the "quackbusters," or as I call them, the "quackpots?"

The dictionary defines "crackpot" as "a person who is eccentric, impractical, unrealistic, or insane..." To me, "quackbusters" fit that definition when they describe the world's leading-edge health professionals as "quacks," and leading-edge modalities as "quackery."

And, the AMA agrees...

Stay tuned...

Tim Bolen - Consumer Advocate

 

 

CBS Nukes Wisconsin Quackbuster Assault...

Opinion by Consumer Advocate Tim Bolen

November 18th, 2003

 

Who says the national media isn't interested in the attack on Alternative Medicine? If it was YOU, don't say it any more, because it just happened in Madison, Wisconsin.  And, it wasn't that hard to accomplish.

I intentionally forgot to mention, in my articles about the War in Wisconsin, that CBS television was filming our every move in Madison, Wisconsin's capitol. I also neglected to mention that CBS was traveling around the State, interviewing top AltMed leaders on camera.

Of course, I kept it to myself that CBS was carefully directed to take a HARD look at the Quackbuster operation nationwide, including the dubious National Council Against Health Fraud (NCAHF), the questionable website www.quackwatch.com, and their relationship with two card-carrying quackbuster members employed as Wisconsin Department of Regulation & Licensing (DRL) prosecutors, Arthur Thexton, and James Polewski.

Why did I keep this quiet? When we've been working on this for months? I like to surprise the quackbusters. It's good for their psyche. 

I have no idea how we could have done all this media filming without the quackpots catching on. I mean, there were cameras everywhere. CBS filmed the WHOLE hearing we had in front of the Wisconsin Assembly Health Committee. CBS interviewers practically beat down DRL's door trying to interview quackbusters Thexton and Polewski. In typical quackbuster fashion, they hid from the cameras.

I'm not going to tell you what CBS said. I'm going to send you to their website, and let you read the broadcast summary  of 'It's Clearly A Witch Hunt' for yourself. But pay close attention to one quote from the new head of the DRL, Donsia Strong Hill, when she says "What I inherited were a group of prosecutors who basically had functioned in the past with very little supervision over them or direction or even the establishment of priorities," Strong Hill said. "We certainly have changed that."

When News 3 asked Strong Hill, "You're supervising them more closely?" She responded, "They are definitely being supervised more closely."

We, the North American Health Freedom Movement, have really only BEGUN the War in Wisconsin. There is a lot of work to be accomplished. A lot of things that need to be completed.

And, CBS has just begun their "Investigative Report" on the subject. Of course we provided CBS with video tape of the cross-examination of NCAHF president, and hair removal specialist, Robert S. Baratz, including his tearful testimony, and his physical reaction when confronted with the reality of his professional career.

I love it when a plan comes together.

Stay tuned...

Tim Bolen - Consumer Advocate

 

State of Wisconsin Officially Dumps Quackbusters...
and Allows Chelation Therapy

Opinion by Consumer Advocate Tim Bolen

November 26th, 2003

The State of Wisconsin Department of Regulation & Licensing (DRL) has, officially, dumped the "quackbusters" as their consultant on health care issues. This ends a ten year reign-of-terror within Wisconsin where, previously, health care investigators, and prosecutors had been trained to use the dubious website "quackwatch.com," or "ncahf.org" as resources for health information.

A CBS News "I-Team" report, titled "State Drops Case Against Alternative Medicine Doctor," pretty well sums up the end of the quackbuster reign in Wisconsin State health politics. The TV broadcast started out to say "The Wisconsin Medical Examining Board unanimously voted by phone Friday to put an end to the state's nine-year-old case against a Green Bay doctor." Then it said "It's a victory for freedom of choice, and I think it's a victory for complimentary and alternative medicine and, quite frankly, I think it's a victory for Dr. Kadile, personally,"

CBS, previously, in a two-part special investigative report, had hammered the quackbuster operation.  

The Wisconsin State Journal, the State capital's leading newspaper, had even more to say about the quackbusters' Wisconsin demise. In an article titled "Board Allows Chelation Therapy" by health reporter Patricia Simms, who, earlier, had been threatened with a lawsuit by quackbuster Robert Baratz, The Journal reported that "The case reflects a national battle fiercely fought between alternative and complementary medicine advocates and those who deride procedures not used in traditional Western practice. Still to be decided by Administrative Law Judge John N. Schweitzer: who will pay the costs of the prosecution, including at least $65,840 in expert witness fees charged by Robert Baratz, a Boston dentist and doctor." They also said "Federal officials estimate that at least 800,000 visits to receive chelation therapy are made in the United States every year."

Simms, and the Wisconsin State Journal newspaper, were apparently undaunted by Baratz's lawsuit threat. 

DRL quackbuster employees under heavy fire...

Two Wisconsin DRL prosecutors who advocated and promoted "quackbuster" thinking on health care issues, Arthur Thexton and James Polewski, have come under heavy fire from Wisconsin health advocates, Legislators, news media, patient groups, and now - management of DRL. - proving that citizen action can, and will, beat quackbusters every time. An official government study conducted by the National Science Foundation (NSF) in 2001 found that 88% of adult Americans believed in Alternative Medicine, while less than 1% bought into the quackbuster promoted fallacy that AltMed had no benefit, allegedly because it wasn't "scientific."

Three top quackbusters, it has been revealed, were paid consultant fees by the State of Wisconsin for their so-called "expertise" in health care - John Renner, Stephen Barrett, and last, but not least, Robert S. Baratz. It was Baratz's virulent assault on AltMed practitioner, the popular Green Bay MD Eleazar Kadile, and his wife Genia, that provoked Wisconsin health care activists to draw the line, and decide to put a stop to quackbuster influence in their State. Baratz, in a wild-eyed emotional delivery, had accused Kadile of killing two patients, and causing a stroke in a third because "he used chelation therapy." Baratz's claims against Kadile were so revolting, and so angering, to the America's leading-edge health practitioners that it wasn't hard to raise defense funds.

In the end, DRL rejected Baratz's foaming-at-the-mouth assertions about chelation therapy and other AltMed offerings, and dropped all charges previously filed against Eleazar Kadile based upon Baratz's so-called testimony.

Baratz, whose emotional outbursts shocked even hardened courtroom watchers nationwide, railed against the Kadiles for four days of testimony. Defense attorneys, after watching video recordings of Baratz, had no problem convincing the Judge in the case, to listen to three days of "cross-examination" of Baratz, on his credibility, alone. That "cross-examination" took place on July 15th and 16th, of 2003, where the Judge listened to only one-and-a-half days of questions before shutting down the remainder, and ordering the sides into negotiations. There is a transcript of that proceeding available to anyone who needs it, by clicking here.

One of the Wisconsin DRL prosecutors, James Polewski, openly bragged (on video) about his membership in the National Council Against Health Fraud (NCAHF), an organization whose crackpot view of health care he had openly sworn to uphold, and promote. Polewski has since given up that membership after pressure was put on the DRL to force Polewski to "represent the interests of the State of Wisconsin, not a weirdo fringe group operating out of a cardboard box in the back room of it's president's (Robert Baratz) hair removal, and ear piercing, salon."

The NCAHF, which holds a non-profit corporation status in the State of California, where it originated, was once based at Loma Linda University, but was rudely evicted from there after California health activists pointed out to Loma Linda that Loma Linda's good name was being sullied by the relationship.

"Quackwatch.com," it has been revealed, is being operated out of failed MD Stephen Barrett's basement in Allentown, Pennsylvania. Barrett, it has been shown, had to give up his medical license in 1993 when he was unable to afford the malpractice insurance premiums required by the State of Pennsylvania. Barrett, who claims to be a "retired Psychiatrist," was forced to admit, in court testimony, that he had seen only nine patients in the last years of his practice, and was no longer working at the State Mental Hospital, where he had worked part-time in a ward for most of his so-called "Psychiatric" career.

Barrett, I believe, is typical of quackbuster leadership, where it is "the norm" to puff up credentials, and qualifications, to make it seem that they know what they are talking about. For instance, Barrett was unable to pass the test to become Board certified in Psychiatry, and IS NOT licensed to practice Naturopathy in ANY State. Indeed, he's never even taken so much as a correspondence course in the science of naturopathy he claims to know all about - and criticizes vociferously. But Barrett never mentions this in his communications with the public, nor when he's quoted in the Press.

What's left to be done?...

A lot...

First, is the fact that prosecutor Thexton is attempting to make good on his threat against Eleazar Kadile, that "if he didn't sign the stipulation he wanted him to sign, right now (a year ago), he'd prosecute Genia Kadile for practicing as a Nutritionist," which he, Thexton, describes as a criminal act.

Thexton is basing his so-called "prosecution" on the quackbuster premise that "only licensed Dietitians" can teach Nutrition. Stephen Barrett is, of course, on the Board of the American Dietetic Association. Wisconsin licenses Dietitians, but does not require a license for Nutritionists. New York State, where Genia Kadile gained her certification, licenses both Dietitians and Nutritionists as completely separate entities. Thexton's premise that those providing information on nutrition needing to be licensed Dietitians would be readily argued by MDs, DOs, Chiropractors, Pharmacists, Nurses, Massage Therapists, owners of Wisconsin's health food stores, MLM participants, and the nutrition industry as a whole. Dietitians receive NO TRAINING in the use of supplements, vitamins, etc.. Dietitians are propagandized to believe the ludicrous concept that supplements and vitamins are unnecessary, in that food provides for all of human needs.

Second, is determining whether Baratz will have access to the New York ad agency, in an attempt to "spin" the story, nationally.  We are waiting to see if one of those "usual" stories that quote Barrett, Baratz, Sampson, and Richard Cleland, from the Federal Trade Commission (FTC) will start to appear in newspapers and magazines.  If the articles DO NOT appear, I suspect we can assume that Baratz has become too much of an embarrassment to those running the quackbuster operation.  If they DO appear, we'll be able, now that we know how it works, to trace the stories back to their advertising agency source. 

Third, is the fact that AltMed has had to spend a lot of money defending against this unwarranted attack against its interests by the subversive quackbuster organization - and AltMed wants its money back, right now, and intends to get it. That's what the next phase of the Wisconsin project is all about - recovering the money from the perpetrators. How's that going to happen? Easy. Keep reading...

The negotiations between the Kadile defense team and the DRL broke down, and I wrote about it in an article November 12th, 2003, titled "Wisconsin Negotiations Break Down - Trial to Resume..." after DRL prosecutor Arthur Thexton issued an ultimatum that "his stipulation be accepted by 4:00pm on Friday, or we're going back to trial..." The Defense said "OK, let's do that..." However, the following Monday, the JUDGE STEPPED IN, and Thexton's threat was an empty one. The Judge offered the solution of splitting the medical issues, and the cost issues into two different, and separate, hearings, asking the Kadile defense team to make a reasonable offer to settle on the medical issues, and stop the costs from both sides from continuing. Kadile did, and the Wisconsin Medical Board called a special meeting, and unanimously accepted his offer.

The second hearing, the one on the "costs," is going to be soon scheduled. In it, the Kadile defense team is going to file a "Cross-Claim" for its expenses, and attorney fees. This is allowed by Wisconsin law. Since NOTHING that quackpot Bobbie Baratz said in his writings, or testimony, had any effect in the final "finding of facts," and the Medical Board dropped ALL charges that had anything to do with Baratz's wild-eyed accusations, all expenditures and attorney fees dealing with the Thexton/Baratz nonsense will be sought. This amounts to about $300,000. It has already been suggested that both the DRL and the defense go together to recover the money from Baratz and Thexton, and possibly Stephen Barrett, who received $3,500 in this case, supposedly for his "expertise" (insert laughter here) in AltMed.

I'll vote for that...

Stay tuned...

Tim Bolen - Consumer Advocate

This "Millions of Health Freedom Fighters - Newsletter" is about the battle between "Health and Medicine" on Planet Earth. Tim Bolen is an op/ed writer with extensive knowledge of the activities of a subversive organization calling itself the "quackbusters," and that organization's attempts to suppress, and discredit, any, and all health modalities that compete with the allopathic (MD) paradigm for consumer health dollars. The focus of the newsletter is on the ongoing activities, battles, politics, and the victories won by members of the "Health Freedom Movement" against the "quackbusters" It details "who the quackbusters are, what they are, where they are operating, when they appear, and how they operate - and how easy it is to beat them..."

A copy of THIS newsletter, and older ones, are viewable at the website http://quackpotwatch.org/index.html.

For EVEN MORE interesting and related articles go to http://bolenreport.com/.

***

The "Wisconsin Project" is NOT over...

Opinion by Consumer Advocate Tim Bolen

January 14th, 2004

The important issue in Wisconsin has always been that TWO State employees, Arthur Thexton and James Polewski, both Prosecutors at the Department of Regulation & Licensing (DRL), had openly, and brazenly, without permission or consultation with their superiors at DRL, embraced, and agreed to promote, and ENFORCED as though they had merit in law, the CRACKPOT health positions of a subversive organization calling itself the "quackbusters."   

Polewski actually bragged of his membership in the fully courtroom-discredited National Council Against Health Fraud (NCAHF). Thexton had actually used Robert S. Baratz, the current president of the so-called NCAHF, an organization of doubtful origin and pedigree, currently run out of Baratz's Braintree, Massachusetts hair-removal and ear-piercing salon, as an advisor and expert witness for the State of Wisconsin, and paid him a LOT of Wisconsin money...

Wonders never cease.

The important questions within the issue are (1) How much damage was done to Wisconsin citizens because of their actions? (2) Did anyone die because the Thexton/Polewski/quackbuster scheme discouraged, or prohibited, new paradigms in Wisconsin health care? (3) What is the effect, if any, of their horrifying attack, on Wisconsin's leading-edge health care providers, and their ability to offer newer, and better health-care offerings? (4) What is the individual and combined economic loss to the individual, and the class, of leading-edge health care providers effected by the Thexton/Polewski/quackbuster scheme? (5) What is DRL doing to insure the cessation of quackbuster influence within the State of Wisconsin? (6) What is DRL doing to compensate, and reassure, the health practitioner victims of the Thexton/Polewski/quackbuster scheme? (7) What should we, in the North American Health Freedom Movement, do to make an example out of the situation in Wisconsin?

All of these questions need to be satisfactorily answered before we are through with the Wisconsin project.

What needs to be done?

Well, some things have already been done, to new DRL management's credit. For instance - New DRL Department Head Donsia Strong Hill, says "What I inherited were a group of prosecutors who basically had functioned in the past with very little supervision over them or direction or even the establishment of priorities," Strong Hill said. "We certainly have changed that."

I suspect, from observation, and changes at DRL, that other remedies are in progress behind the scenes. Those remedies are complicated, and are not being made public just yet, due to the fact that DRL, some of its employees, and associated licensing Boards, are being sued, or are being threatened with lawsuits, by angry leading-edge practitioners tired of defending against the Thexton/Polewski/quackbuster scheme.

But the Number One thing that needs to be done is a "good faith" legal move on DRL's part against the "quackbusters," and the Thexton/Polewski/quackbuster scheme. I think CRIMINAL charges need to be brought against the conspirators by DRL, followed by a CIVIL action to recover lost dollars with a request for significant punitive damages. The North American Health Freedom Movement could provide a wealth of REAL expert witnesses to assist DRL in this endeavor.

Black's law dictionary describes "fraud" as "A false representation of a matter of fact, whether by words or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, which deceives or is intended to deceive another so he shall act on it..." I believe that definition adequately describes the Thexton/Polewski/quackbuster scheme in Wisconsin.

I am aware of MANY different cases in Wisconsin where the Thexton/Polewski/quackbuster scheme operated against leading-edge health professionals - a Chiropractor, several MDs, a Registered Nurse, two Dentists, etc. The list grows. All you have to do is look at de-licensed MD Stephen Barrett's "quackwatch.com" website, and match it up with prosecutions done by Polewski and Thexton. Thexton and Polewski spouted the quackbuster party line in their accusations.

It is well known that the "quackbusters" attack religion, at large, but particularly focus on Scientology. There are SIXTEEN anti-Scientology references on the "quackwatch.com" website, alone. The NCAHF president Robert S. Baratz has officially stated "that the power of prayer is the same as satanic worship." I believe one Wisconsin health professional has been targeted PRIMARILY because he is a Scientologist. This is unacceptable in America.

Let me remind you of the text of a lawsuit filed against Baratz and Barrett in Canada, that says...

"NCAHF is the acronym for National Council against Health Fraud. The NCAHF is a front organization used by Barrett, Baratz and their other associates whose purpose is to solicit jobs so that they can act as expert witnesses against doctors who practice alternative and complementary treatment methods.

Barrett operates numerous web sites including Quackwatch.com, Chirowatch.com., ratbags.com and Quackwatch.org . The sole purpose of these web sites is to discredit health care professionals who practice alternative and complementary medicine. These web sites discredit complementary medicine and encourage people to report doctors who practice alternative medicine, thus providing Barrett , Baratz and their associates with a constant stream of potential cases that can be prosecuted thus providing them with opportunities to act as expert witnesses on behalf of NCAHF, their privately owned company.

Quackwatch.com., Quackwatch.org and Ratbags.com all provide links to NCAHF, and provide the false appearance of NCAHF being an impartial and regulatory type body, when in fact, it is not.

The growing popularity of alternative therapy is a constant threat to Barrett, Baratz and their business interests, and the interests of the existing medical and pharmaceutical status quo."

It is time to put a stop to the "quackbuster" nonsense, and the way to do it is with Criminal and Civil prosecutions.

Stay tuned...

Tim Bolen - Consumer Advocate

This "Millions of Health Freedom Fighters - Newsletter" is about the battle between "Health and Medicine" on Planet Earth. Tim Bolen is an op/ed writer with extensive knowledge of the activities of a subversive organization calling itself the "quackbusters," and that organization's attempts to suppress, and discredit, any, and all health modalities that compete with the allopathic (MD) paradigm for consumer health dollars. The focus of the newsletter is on the ongoing activities, battles, politics, and the victories won by members of the "Health Freedom Movement" against the "quackbusters" It details "who the quackbusters are, what they are, where they are operating, when they appear, and how they operate - and how easy it is to beat them..."

For background information on the "Battle between Health and Medicine" go to: http://www.savedrclark.net/by_whom2.htm. A copy of THIS newsletter, and older ones, are viewable at the website http://quackpotwatch.org/index.html.

For EVEN MORE interesting and related articles go to http://bolenreport.com/.

 ***

 

Wisconsin:  The Quackbuster's "Waterloo?..."

 

Opinion by Consumer Advocate Tim Bolen

January 25th, 2004

Just a few years ago, in Wisconsin, leading-edge health practitioners were at risk offering effective alternatives to the deadly drugs/surgery paradigm.  The "quackbusters" ruled State health care with an iron hand.  Anyone who dared offer real solutions to suffering patients, and caught the attention of Wisconsin's anti-health minions, paid a heavy price.

In the world-wide war between "health" and "medicine," Wisconsin's throat was most definitely under the heel of jack-booted "medicine" minions. But not any more...

The State v. Eleazar Kadile MD chelation case woke up local health activists, and was the focal point for the breaking of the quackbuster's power within the State of Wisconsin.  For it was that case that put the quackbusters themselves on trial - and they didn't survive the experience.

The "War in Wisconsin," as it was dubbed by North American Health Freedom Fighters, battered the quackbuster operation nationwide, by pointing out the truth about quackbusterism.  The current president of the once powerful National Council Against Health Fraud (NCAHF), one Robert S. Baratz MD, DDS, PhD, was dispatched by quackwatch.com's Stephen Barrett to lead the assault against Kadile, and the State's other chelation doctors.  An all-out attack against chelation therapies, laboratories, supplements, etc. was wrapped into the Kadile case - hoping to create a "precedent" case to be used against the thousands of MDs and DOs who have embraced "Alternatives" to the deadly drugs/surgery "medicine" offering.

NCAHF president Baratz was the perfect person to send out, representing the quackbusters, in a conflict. For, he truly represents the EPITOME of quackbusterism.  Fronted by a fake resume, Baratz showed up in Wisconsin and proceeded in typical wild-eyed quackbuster fashion to declare that chelation, and other alternatives, were murder, etc.  He spewed his venom around the State for months, making declarations, or giving opinions on health care practices, to the tune of about $70,000 of Wisconsin's money.

We let him do it...

Why'd we let him do it?  Simple.  Baratz, and ALL of the so-called quackbuster leadership (the ones you see in public), are their own worst enemies.  Baratz, Barrett, Polevoy, Sampson, etc., when their leash is taken off, will foam-at-the-mouth publicly.  Get them out of the controlled situation where the New York ad agency controls what they say in public, and they'll perform just the way WE, in the Health Freedom Movement, want them to - badly.

Bobbie Baratz, with our prodding, sank himself in Wisconsin, and sank the remnants of the quackbuster scam with him. After months of screeching health proclamations, both verbally and in writing, Baratz had to face the day of reckoning - he had to face cross-examination.  And that cross-examination was divided into two parts - cross-examination on Baratz's "credibility," and on his "medical" expertise.  

Baratz never made it through the first session, and the details of his humiliation are on a website for all to read.  The State of Wisconsin, in negotiation, withdrew ALL claims against Eleazar Kadile that were derived from Baratz's wild-eyed offerings, and settled the case to Dr. Kadile's satisfaction - with one exception - the costs.

Kadile's legal team has filed a motion to recover his legal costs for this action from the Department of Regulation & Licensing (DRL) Division of Enforcement, and a hearing will be held on January 30th, 2004 in Madison.  Members of the Wisconsin Health Freedom Movement, representatives from Legislators, the media, etc., will be in attendance.  The suggestion has already been made that DRL join with Kadile in pursuing recovery of the costs from Baratz, Barrett, etc.  DRL has not yet decided to pursue that avenue.

But DRL is acting positively in other ways...

Arthur Thexton, the DRL Prosecutor who brought in Baratz, on Barrett's suggestion, originally, had threatened Elaezar Kadile's wife Genia with prosecution for being a Nutritionist, if Eleazar refused to sign a "stipulation" effectively ruining his practice and giving Thexton/Baratz the "precedent" case they wanted to use against other State of Wisconsin practitioners.  When Kadile refused the stipulation, Thexton carried out his threat, but was later stymied by AL Judge William Black, in a scathing legal decision.

Thexton, during the Kadile case, was able to determine that Robert Waters MD, of Wisconsin Dells, was playing a major role in the Kadile case, assisting with Defense strategies, witnesses, and reviewing Baratz's wild-eyed health claims.  Thexton attempted to file charges against Waters, and "subpoenaed" Waters to come and be "interrogated" by himself and Baratz.  Waters, in response, pointed out to Thexton that the United States Supreme Court, in its wisdom, had laid out specific rules for " by who," and "under what circumstances," a subpoena could be issued, and "if Thexton could meet that criteria, he would be glad to cooperate. And, if he could NOT meet those criteria, than he could be personally sued..."  Thexton ran for cover.  Last week, Thexton was REMOVED by DRL from having anything to do with Waters.

Then, just this week, Thexton attempted to appeal Judge Black's decision about Genia Kadile...  Thexton submitted a "whiney" document basically re-hashing his original argument.  An hour-and-a-half later, Thexton sent a message indicating that his Department had ordered him to withdraw the appeal.  Thexton slunk off with his tail between his legs.

DRL is in a quandary about what to do about Thexton.  In another case in Wisconsin involving a "conventional" practitioner, Pain Management Specialist Stuart Suster MD, Thexton brought a Federal court lawsuit on himself, and the department, for his handling of the Suster case.  I've read Thexton's case against Suster, and I'm beginning to wonder if Thexton got his Law degree out of a Cracker Jack box.

But DRL hasn't yet curtailed Polewski...

James Polewski, the DRL Prosecutor who openly bragged about his membership in the NCAHF, and also bragged that he had no supervision at DRL, has his own set of problems.  He's had SIX cases against leading-edge health professionals overturned recently.  Some overturned within his own department, some by Administrative Law Judges, and some by the courts.  One MD, three Dentists, a Chiropractor, and an RN, have all beaten Polewski who still, appears to be carrying out his mission, unthwarted by DRL, on behalf of the quackbusters.  Polewski has this past week, filed charges against a SEVENTH leading-edge practitioner, this time another Dentist, using the quackbuster's crackpot theory of health care.

Although DRL seems to be moving in the right direction, they aren't moving fast enough for Wisconsites.  The decision has been made, after the seventh Polewski filing, to pursue DRL's out-of-control prosecutions through the original plan - lawsuits, Legislative investigation, legislation, media, and direct approaches to the individual licensing boards.  Health Freedom activists tried, originally, to bring issues in front of the Wisconsin Medical Board, but were prevented from doing so by simple non-response from DRL.  That won't happen a second time for activists now will use the "Writ of Mandamus" approach, getting a District court Judge to ORDER the licensing boards to listen, whether they like it or not.

I'll be meeting with Wisconsin practitioners, media, activist groups, Legislators, associations, etc., all next week.  My recommendation to each is the same - ATTACK.  Nothing else works.  The issues are too important to lie back waiting for solution.

Stay tuned...

Tim Bolen - Consumer Advocate

This "Millions of Health Freedom Fighters - Newsletter" is about the battle between "Health and Medicine" on Planet Earth. Tim Bolen is an op/ed writer with extensive knowledge of the activities of a subversive organization calling itself the "quackbusters," and that organization's attempts to suppress, and discredit, any, and all health modalities that compete with the allopathic (MD) paradigm for consumer health dollars. The focus of the newsletter is on the ongoing activities, battles, politics, and the victories won by members of the "Health Freedom Movement" against the "quackbusters" It details "who the quackbusters are, what they are, where they are operating, when they appear, and how they operate - and how easy it is to beat them..."

For background information on the "Battle between Health and Medicine" go to: http://www.savedrclark.net/by_whom2.htm. A copy of THIS newsletter, and older ones, are viewable at the website http://quackpotwatch.org/index.html.

For EVEN MORE interesting and related articles go to http://bolenreport.com/.

 ***

 

 

Wisconsin:  Tough Decision Time...

Opinion by Consumer Advocate Tim Bolen

January 31, 2004

Arthur Thexton, one of the Wisconsin Department of Regulation & Licensing (DRL) prosecutors who embraced the "quackbuster" crackpot theory of health care, limped out of a hearing in Room 179a, after lunch yesterday, looking very much like a man who's suddenly seen his rocky-road future. 

The hearing, called to determine "costs, and allocation of costs," in the State of Wisconsin v. Kadile case, didn't go well for Thexton.  Thexton is the one who had brought in hair removal and ear piercing specialist Robert S. Baratz, the current president of the discredited National Council Against Health Fraud (NCAHF), as the do-all, be-all expert witness in the Kadile case.  Thexton had paid Baratz about $70,000 in so-called "expert witness" fees out of the Wisconsin Medical Board's limited funds.  Baratz's wild-eyed opinions, coupled with equally ludicrous crackpot offerings by Stephen Barrett, who was paid about $3,500 for his drivel in the case, had caused the State to spend over $165,000 on the unsuccessful prosecution.  Kadile's "defense" cost over $300,000.

The hearing was to determine who exactly would pay the costs of the case, as determined by Wisconsin law.  The "Defense" had filed a Motion asking for the DRL to pay all of its costs, since, during the negotiations, the State had dropped all charges against Kadile based on Baratz's wild-eyed health claims.

During the hearing, Thexton had to be warned repeatedly by the Judge about his courtroom behavior, and his tone of voice.  Thexton was clearly upset by the proceedings, and, once again, almost continuously whined his way through questioning of the Kadile witnesses.  Thexton kept insisting that Eleazar Kadile could cut back his staff and cut all of his staff's salaries to pay the state's costs. He especially wanted the specially trained chelation nursing staff to be replaced by lower paid employees.  Thexton also berated Dr. Kadile for "not filing bankruptcy and getting a fresh start" after the Kadile's emotionally and financially devastating medical costs involving the loss of their child to Lupus.  The Kadiles, terribly burdened by the medical debt, are slowly and methodically paying off their creditors.

Thexton, whose life is taking a few new turns lately, actually tried to claim that he had won the case - that he had prevailed on the issues.  Thexton, who is under legal assault by at least two Wisconsin health professionals for abuse of power issues, was removed last week from duties surrounding a case against another Wisconsin leading-edge MD, Robert Waters of Wisconsin Dells.  Waters also does chelation, plus other alternative modalities.

Yesterday, Robert Waters MD got a letter from the DRL indicating it was dropping their eight (8) year investigation against him begun by Thexton on quackpot John Renner's suggestion.  Waters, and his legal advisors, are taking a hard look at pursuing Thexton, Barrett, Baratz, and Renner's estate (Renner died during a heart bypass operation) for his costs over the years. 

The difficult part is suing Thexton who is a DRL employee.  In an earlier Wisconsin case, involving the other "quackbuster" prosecutor, James Polewski, the Federal judge threw out the case on the basis that "Polewski was acting within the boundaries of his job." Ever since then, we've carefully analyzed the operations of both "quackbuster" prosecutors, writing them letters, memo's etc., informing them of certain aspects of the law they need to follow.  Neither Polewski nor Thexton are good enough attorneys to grasp the trap that was set for them.  Despite the warnings, known in the legal world as "Direct and Constructive Notice - with Warning" both proceeded as though nothing had changed.  Legal experts from the West Coast first showed me this legal device.  It's used to "set up" a public employee legally for a personal lawsuit, and remove their "free legal" protection.  The device, successfully used for years, notifies the employees of certain actions they are required to perform in their jobs.  After they have been notified of their wrongdoing, by letter, they can no longer claim immunity due to ignorance of the law.  All of their actions from that point on now have "intent," and they cannot claim ignorance of the law or incompetence as a defense.  Both Polewski and Thexton have been getting those letters. 

Yesterday, during the hearing, Thexton, to my surprise, openly stated he was going to violate his Department's official policy.  He stated, obviously playing to the CBS News camera, that he believed that "chelation therapy was fraud," and that "it wasn't over - stay tuned."  Thexton was making it clear that he intends to continue to use his position as prosecutor to attack those that fit his own personal bias, and the crackpot health theories offered by the "quackbusters."

What are the tough decisions DRL needs to make?

There are three. (1)  They need to decide to compensate Eleazar Kadile for his suffering at the hands of their out-of-control prosecutor Arthur Thexton by paying Kadile's legal costs.  (2)  They need to deal with their two "quackbuster" prosecutors harshly.  The department needs to evaluate the twosome's past and present prosecutorial operations - especially in light of those as "Direct and Constructive Notice - with Warning" letters Polewski and Thexton have been getting - and ignoring.  And again, especially in light of Thexton's open defiance of Department policy on CBS's I'-Team report (3)  They need to join with us in recovering BOTH of our "costs" from the REAL culprits in this action - Baratz and Barrett.

Stay tuned...

Tim Bolen - Consumer Advocate

This "Millions of Health Freedom Fighters - Newsletter"  is about the battle between "Health and Medicine" on Planet Earth. Tim Bolen is an op/ed writer with extensive knowledge of the activities of a subversive organization calling itself the "quackbusters,"  and that organization's attempts to suppress, and discredit, any, and all health modalities that compete with the allopathic (MD) paradigm for consumer health dollars.  The focus of the newsletter is on the ongoing activities, battles, politics, and the victories won by members of the "Health Freedom Movement" against the "quackbusters"   It details "who the quackbusters are, what they are, where they are operating, when they appear, and how they operate - and how easy it is to beat them..."

For background information on the "Battle between Health and Medicine" go to:
http://www.savedrclark.net/by_whom2.htm.  A copy of THIS newsletter, and older ones, are viewable at the website http://quackpotwatch.org/index.html.

For EVEN MORE interesting and related articles go to
http://bolenreport.com/.

 

***

 

Wisconsin:  Just when we thought it was safe to go back in the water...

Opinion by Consumer Advocate Tim Bolen

February 6th, 2004

 

Department of Regulation & Licensing (DRL) "quackbuster" prosecutors Arthur Thexton, and James Polewski, in a series of actions, are openly defying new DRL policies set down by recent Governor's appointee, new DRL head Donsia Strong Hill.  In this test of wills, it will be interesting to see who wins - the Governor of Wisconsin, or the "quackbusters."

I'm going to tell you about this "test of wills" in two parts.  First this article, then, in a separate article not far behind this one, the rest of the story.  The second story, titled "The Stuart Suster MD Case - the Most Sadistic, Vicious, and Cruel So-called Prosecution I've Ever Seen..." will chill you.  You will find it hard to believe that an agency would allow one of its employees to use their power in such a horrible way.  Then I'll tell you what we're going to do about this case, and get Stuart Suster's life back.

Let's begin...

I was in Wisconsin all last week.  Meetings,  meetings, meetings, and one DRL hearing to determine who pays the costs of the "quackbuster" assault on Wisconsin's leading-edge health practitioners.  It was the latest hearing in the DRL v. Kadile case. 

The Kadile case, initiated originally by screwball quackbuster John Renner, now dead of his own medical recommendations (he died on the operating table during a heart bypass operation) was picked up by basement-based, failed and delicensed MD, Stephen Barrett, who then recommended, as their very best "expert witness," Robert S. Baratz, the current president of the courtroom discredited National Council Against Health Fraud (NCAHF).  Baratz operates the NCAHF out of his Braintree, Massachusetts hair-removal and ear piercing salon.

The "War in Wisconsin," as the project got labeled, was/is a major confrontation between the aging, and stumbling, leadership of the self-styled "quackbuster" conspiracy, and the North American Health Freedom Movement.  The "quackbusters" a few years ago, completely controlled health care offerings in Wisconsin, and would ruthlessly attack any, and all, health practitioners that dared to offer any health ideas that conflicted with the health statements maintained on "quackwatch.com," or the even sillier "ncahf.org."

Frankly, it was been beginning to look like the "War in Wisconsin" was over.  After all, it isn't every day that a regulatory agency hires what it thinks is an "expert witness," goes through half of a trial using that witness spending $70,000 on the witness, and $165,000 on the case, and then does an about-face once it learns that the witness is, shall-we-say, is "irrevocably soiled."

But, while I'm there, what do I find out?   It isn't over.  Donsia Strong Hill, the new leader of the Wisconsin DRL, has been making policy changes - or at least ATTEMPTING to make them.  She's declared in public "What I inherited were a group of prosecutors who basically had functioned in the past with very little supervision over them or direction or even the establishment of priorities," Strong Hill said. "We certainly have changed that."  When CBS News 3 asked Strong Hill, "You're supervising them more closely?" She responded, "They are definitely being supervised more closely."

Donsia Strong Hill, it looks to me, has been trying to do the right thing for Wisconsinites. And, so have the people she's brought in.  She's made her new policies crystal clear, both to DRL employees and the public.  But the problem hasn't gone away, for both "quackbuster" prosecutors, James Polewski and Arthur Thexton are openly, and defiantly, thumbing their noses at Strong Hill.  If anything, they've gotten MORE anti-health and have adopted even more horrific attacks on behalf of their "quackbuster" masters.  I've got TWO new cases I'm, going to tell you about, right now.  One in this article, the other in the next.

Polewski's Projects...

James Polewski specializes in screwing, on behalf of the "quackbusters," Wisconsin Health professionals OTHER THAN Medical Doctors.  Polewski is currently attacking FOUR leading-edge Dentists, and in each of his so-called "prosecutions," he spouts the EXACT words that hair-removal and ear piercing specialist Robert S. Baratz uses in the dental cases, around the US, where he testifies.  Polewski follows the party line he's has sworn to support with his membership in the NCAHF. 

(1)  In Polewski's latest assault, he actually LIED to his Department of Enforcement supervisors, and to the Dental Board, to get permission to prosecute a fourth leading-edge Holistic Dentist, Rick Vander Heyden of Green Bay.  In that assault, Polewski had, last July, 2003, sent Vander Heyden a "Subpoena," demanding of Vander Heyden "You are to appear before James E. Polewski..." on such-and-such a date.  The US Supreme Court in several decisions, but in particular US v. Minker, has it made it clear that "Subpoenas" are to be issued ONLY by the courts, and are an ABUSE of the system when used by Administrative proceeding operators like Polewski.  The Minker decision clearly outlines the method, and tactics, to counter "fake" subpoenas" issued by the likes of Polewski.  Vander Heyden responded with an appropriate Demurrer.

Legal papers on my desk show that in Polewski's complaint to the Dental Board, Polewski FALSELY AND WITH INTENT TO DECEIVE,  DEFRAUD, AND CAUSE HARM claimed that Vander Heyden had refused a "Request for Interview," an entirely different legal situation, with entirely different legal circumstances, than a Subpoena.  Polewski has NEVER requested an interview.  Polewski also FALSELY AND WITH INTENT TO DECEIVE,  DEFRAUD, AND CAUSE HARM claimed in his Complaint that Vander Heyden had demanded "payment of $2,000.000 in gold or silver for violation of his right to his time..."  No such thing happened.  Polewski LIED again. The rest of the complaint tries to discredit the established science of EAV (Voll), which estimates show, is used by only about 30,000 practitioners nationwide.  Europe is the leading user of EAV science.  The "quackbusters" hate EA, or any form of electro-medicine.

Both Polewski and Thexton file frivolous complaints against leading-edge paradigms using "quackbuster" tactics.  The "fake' Subpoena" is only one of them.  Another tactic Polewski and Thexton use is the "endless litigation" strategy, designed to exhaust a leading-edge practitioner's life savings going through the legal motions and movements of fighting a frivolous case.  Vander Heyden took my advice on this.  He's handling the case by himself - backed up by a legal team.  Polewski can't waste Vander Heyden's money with endless attorney discussions, letters, etc.  He doesn't know who's helping Vander Heyden, and even if he found them, they won't talk to him.

Polewski, I believe, is attempting to get around Donsia Strong Hill's new policy of "not prosecuting Alternative Medicine" by intentionally LYING to both his supervisory team and the Dental Board.  His supervisor, the Chief of Enforcement, has been informed. We'll see what happens...

(2)  Polewski, in an action against another leading-edge Wisconsin Dentist who practices Micro-Dentistry, a branch of dentistry reviled by the "quackbusters," got hammered by an Administrative Law Judge (ALJ) who, before this "recommended decision" had NEVER BEFORE sided with a practitioner against a prosecutor.  The ALJ severely criticized Polewski's case, indicating that he, Polewski has wasted the court's time, and recommended complete dismissal of the case.  Polewski, in typical quackbuster fashion, filed an objection to the decision.

I'm not at all surprised at Polewski's actions.  It is what "quackbusters" are all about.

Stay tuned...

Tim Bolen - Consumer Advocate

This "Millions of Health Freedom Fighters - Newsletter" is about the battle between "Health and Medicine" on Planet Earth. Tim Bolen is an op/ed writer with extensive knowledge of the activities of a subversive organization calling itself the "quackbusters," and that organization's attempts to suppress, and discredit, any, and all health modalities that compete with the allopathic (MD) paradigm for consumer health dollars. The focus of the newsletter is on the ongoing activities, battles, politics, and the victories won by members of the "Health Freedom Movement" against the "quackbusters" It details "who the quackbusters are, what they are, where they are operating, when they appear, and how they operate - and how easy it is to beat them..."

For background information on the "Battle between Health and Medicine" go to: http://www.savedrclark.net/by_whom2.htm. A copy of THIS newsletter, and older ones, are viewable at the website http://quackpotwatch.org/index.html.

For EVEN MORE interesting and related articles go to http://bolenreport.com/.

***

Wisconsin Update...

Opinion by Consumer Advocate Tim Bolen

Thursday April 28, 2005

I'm back in Wisconsin again, for good reason.  The quackbuster cancer has come back.  We didn't get it all.

In Wisconsin, we tried surgery.  The Department of Regulation & Licensing (DRL) Secretary, Donsia Strong Hill had, previously, told the whole State; legislators, media, the Health Freedom Movement, and the public-at-large that "Alternative medicine was NOT going to be singled out, in Wisconsin."  With the settlement of the Kadile case, the dropping of the Waters case, the cessation of action against NAET, and a few other cases disappearing, we were lulled into comfort and security. 

We thought the cancer was gone.  It has begun all over again.  The "quackbusters," we know, are a subversive organization formed, and funded by twenty-six drug companies, after the American Medical Association (AMA) was ordered by the Federal Court to cease its covert operation against the Chiropractic profession.  Their job is to harass market competitors to the drug treatment paradigm.  I believe they are run out of a New York ad agency.

Three things are going on that changed our thinking in Wisconsin, and convinced us that something was still very much awry.  They are:  

(1)  DRL prosecutor Arthur Thexton, although supposedly curbed after the Kadile fiasco, continued to prosecute the Suster case - and THAT case is four times as bad as Kadile's.  Even though the Suster case been through the Administrative Hearing Stage, Thexton, apparently, spends most of his work hours at DRL on the phone with attorneys and former patients, trying to further damage Suster.  It appears that Thexton has NO OTHER assignments other than to "Get Suster."  The abuse of State power is incredible., and it shows that Strong Hill's management has had no real affect on Thexton - he does whatever he wants to do, whenever he wants to do it.  He has NO supervision - at all.

(2)  DRL prosecutor Polewski NEVER was reigned in in any way that we can see.  He's currently prosecuting two cutting-edge Dentists, a Chiropractor, and is getting ready to go after a third Dentist.  He targets health practitioners for prosecution ONLY based on quackbuster guidelines.  If quackpot Barrett is against something on his weird website, Polewski is there to prosecute.  Period.  He has NO DRL RULES to follow. 

(3)  Our investigations have turned up the fact that neither Thexton nor Polewski have prosecuted ANY health professionals other than "alternative" since the beginning of time...  They both devote ALL of their working hours to the quackbuster mission - to the exclusion of ANY other activity.  DRL has had to add on a third health prosecutor just to handle regular conventional practitioner problems.  Strong Hill has absolutely NO CONTROL over the cases Thexton and Polewski go out and find, and assign to themselves.  They were, and are, completely autonomous.

A group of cutting-edge health professionals in the State, suspecting the above problems, arranged  a joint meeting of the Senate, and Assembly Health Sub-committee Chairs, plus the Legislative Counsel.  They detailed their concerns to this group, and as a result, a letter was written over the signature of three Senators, and one Assemblyman, asking DRL Secretary Donsia Strong Hill to answer their concerns about the above situations.  Strong Hill answered almost immediately with a STRONG denial that Alternative practitioners were being singled out, and gave an explanation of how, and why, DRL did things. 

In Strong Hill's response letter, she outlined DRL policy, and the steps that are supposedly taken in an investigation/prosecution situation.  It sounded good.  It would have been even better if the policies and procedures she outlined, were, or had ever been, actually used. They are not, and never have been, the ACTUAL way cases are handled. 

Which Brings On the Questions...

Is Strong Hill telling the truth about WHAT SHE THINKS is DRL policy and is she is being DUPED by her employees?  Or is Strong Hill telling a lie to, hopefully, cover up bad management?   

Considering that the "Policies" she laid out are so blatantly NOT THE REAL policies, and there are NO examples of those policies she described EVER being used in health cases in Wisconsin, there are, really, only the two above choices.  So which is it? 

Reality Can Bite a Secretary...

Strong Hill, in her response letter, said, for example "Currently, complaints are initially screened by a panel made up by three Board members and a Division of Enforcement attorney to determine if investigation is warranted."  Over the last several months in Wisconsin, we've had EVERY ONE of the so-called "completed cases" practitioners go to DRL and get a copy of their case record.  Not one of those files shows that this so-called "screening panel" ever meets, or exists at all... 

Amusing, was the statement "Members of the Enforcement Staff work in conjunction with the (case) advisor in conducting the investigation."   With only one exception we found that this is blatantly NOT TRUE.  There are no records in any of the files we've looked at - and we looked at most - of involvement of any so-called "case advisor."  In that one exception the so-called "case advisor" is a geographical competitor for that health professional's patients - and aggressively solicits those patients  - his case advisor-ship is an act of self-serving conflict of interest. 

More amusing, in a dark-humor sort of way is the statement "If the results of the investigation present probable cause to believe that a practitioner has engaged in unprofessional conduct of a nature that warrants imposition of discipline, informal settlement of the case is generally attempted."   

Nonsense....  In the Kadile case, Thexton's settlement offer was "If you shut down your office, and turn in you medical license, I won't prosecute your wife..."   Polewski, each and every time he walks into an Alternative practitioner's life starts with "I'm going to take your license away from you." He does this every time - no exceptions.

The Cutting-Edge Health Professionals  Responded...

In an even newer letter signed by THIRTEEN irate cutting-edge Wisconsin health professionals, responding to Strong Hill's policy claims, is the following.  " In the interest of fairness, balance and completeness and because we strongly disagree that the department acts in the ways described in Ms. Strong Hills's response, we believe a reply is necessary.  We have all been subjected to Disciplinary actions by the Department of Regulation & Licensing for practices which may be considered alternative medical practices." 

The letter goes on "In summary, the major differences in our experiences of the disciplinary process as compared to the descriptions in Ms. Strong hill's letter are as follows: 

1.      Rarely is an informal settlement attempted or offered prior to the actual filing of a formal complaint.

2.      The actual "expert" witnesses hired by the State have little or no training in or understanding of the 'alternative practice' they testify to.  The actual practice is:  the State hires an 'expert' with little or no training in the practice in question.  That 'expert' states that the practice (itself) is 'unprofessional conduct' or that it 'constitutes a danger to the health and welfare of the patient or the public' and that statement becomes the basis for the filing of a complaint against the health care professional.  The fact that the procedure is not used in mainstream medicine is used as the basis for claiming that the procedure is dangerous or unprofessional.  In many of the actual cases, the basis for a complaint against the practitioner is a letter from an insurance company and not a complaint from a patient.  When the accused practitioner provides medical literature, professional guidelines, court rulings and medical expert testimony by practitioners actually using the practice in question, the prosecutor and the Board ignore or reject them.

The health practitioner's response letter is five pages long, and every page contests Strong Hill's claims. 

We're going in With Chemo and Radiation Next...

Everybody knows how rough chemotherapy and radiation treatments can be on a patient.  The survival rate is practically nil.  But if that's what it takes to get rid of the quackbuster cancer at DRL, then that's what we're going to have to do... 

(1)    The Wisconsin legislature re-convenes in January.  It's time for some hearings on the "state of health care" in Wisconsin.  We're organizing the way to get them, by just picking up our original war plan right where we left off.  We outnumber the quackbusters 100,000 to 1.   

(2)    Donsia Strong Hill is the only Doyle appointee NOT YET CONFIRMED by the Legislature for her position.  We need to make this situation an issue at that confirmation hearing. 

(3)    But first, and foremost comes the letter writing campaign.  That's now beginning.  There are patient support groups all over the State who can write, call, and button-hole-on-the-street their individual Legislators.  We're getting the packets together right now.  Those packets will have a complete program explaining the situation, and asking their Legislator to do four specific things.  Judging from the responses I've already had from individual legislators ALREADY involved, I see only success at the end of our quest. 

The State of Wisconsin belongs to the people of Wisconsin, not the drug lords of Big Pharma. 

Stay tuned...

 

Tim Bolen - Consumer Advocate

 

 

 


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