posted
I noticed that Phyllis Mervine posted this on the other Forum...so thought I would post it here as well:
First Do No Harm
As a physician in the practice of pediatric and adolescent medicine, I have evaluated and treated over 8,000 children with Lyme and other tick-bourne diseases from every state in America, from most provinces in Canada, from countries in South America, and from every continent abroad. No other pediatrician in the world has my experience in evaluating and treating these diseases.
My office receives 5-10 inquiries per day from parents who are desperate to obtain an adequate evaluation of their children with Lyme and other tick-bourne diseases. Due to my very busy 10 hour per day, 6-7 day per week Lyme practice, there is a 5-6 month delay between office contact and an actual office visit. In order to do no harm by delaying evaluation and treatment, a history and lab test are obtained. Treatment is initiated prior to an office visit if a probable diagnosis can be made. Most of these children have already suffered from a delay in diagnosis and/or inadequate treatment of their tick-bourne disease.
This is the background that led me to evaluate and treat two children from Nevada prior to my seeing them. My diagnosis of probable gestational Lyme disease and tick acquired Lyme disease was made on the basis of the history presented by their mother and my over 30 years of treating children with tick-bourne diseases. I have been reported to the Connecticut licensing board and have been charged with making the diagnosis of Lyme disease and initiating antibiotic treatment prior to examining them in my office and therefore am in violation of the ``usual and customary standard of medical care''.
I have been offered the opportunity to have these charges dropped by retiring and surrendering my license to practice medicine in the state of Connecticut or I can appear before a panel of the Connecticut Medical Examining Board to include Martin Harwin, M.D. (a retired pediatrician) and Eugene Shapiro, M.D. (Yale-New Haven Hospital) for a formal hearing to take place in late January, 2006.
I do not intend to retire because I still have a firm calling and commitment to continue to help children with Lyme and other tick-bourne diseases. So as not to go before the board unarmed, my attorney Carl M. Porto, Sr. will need your help and support. Mr. Porto can be reached as follows:
posted
I am so upset this is happening to Dr. Jones.
He is an honest and good person and I do not believe he would ever do anything to harm a child.
Even if he made the diagnosis prior to exam and initiated antibiotic therapy - what harm would be done if he were wrong?
I know in my case as a parent, I would much rather Katie have been on antibiotics and found out later we were wrong and they had been not needed than the alternative which was further delay in diagnosis and loss of valuable treatment time.
I just know the time he takes w/ each patient and first hand our situation. I most certainly will contact his attorney and offer any support that I can.
If money were not such an issue for our family of lymies, I and my daughter would be there in person.
Thanks Nan for posting this.
Sherry
-------------------- Posts: 704 | From Huntsville, Texas | Registered: Oct 2000
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The wrong man is in the dock. A bent panel, it looks like. Apparently the fix is in on its members. How did they get this information about his patients, I wonder.
Posts: 8430 | From Not available | Registered: Oct 2000
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-------------------- --Lymetutu-- Opinions, not medical advice! Posts: 96239 | From Texas | Registered: Feb 2001
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Michelle M
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Member # 7200
posted
One word:
SHAPIRO?????
Michelle
Posts: 3193 | From Northern California | Registered: Apr 2005
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JillF
Frequent Contributor (1K+ posts)
Member # 5553
posted
If Dr J is no longer allowed to treat children with Lyme, the major outcome will be that many, many, many children will suffer!
They want to endanger the littlest sufferers who do not have a voice.
We are talking about tiny innocent babies, toddlers, tweens and teens who will suffer a very long life of injustice, severe pain, horrible mental problems, behavior problems, problems in school, and god forbid, perhaps one of these children may die w/out their continued treatment.
They want to endanger these children's lives, our children's lives. I consider all Dr J's children 'our's'. My son does not go to Dr J because he shows no symptoms of Lyme or coinfections (thank God) BUT I cannot even imagine not having Dr J be there in case my son does need to see him.
So, WE need to protect our children. Noone else will. They don't care about the kids - but these children mean the world to us.
We need to make them understand, loud and clear, that noone is going to endanger our children's lives, health or futures.
Posts: 1485 | From USA | Registered: Apr 2004
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posted
Thanks Nan for posting this...this should galvanize the whole Lyme community to action!
Posts: 546 | From Cascadia subduction zone | Registered: Mar 2002
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henson2
Frequent Contributor (1K+ posts)
Member # 463
posted
Please post if there are places to donate funds for:
1) bus fares for people to attend the hearing/rally
2) help with covering hotel/motel fees for getting there a day ahead in case people are coming from far away
3) legal defense
I have limited resources but if there is a way for folks who can't afford to get a bus ticket, and some kind of central clearing house fund to draw upon for people who could not otherwise attend, I would donate to pay for tickets for folks.
Are Support Groups in each affected community across the US organizing participation?
Could we go through the Support Groups in existence now, and galvanize that way, geographically? Perhaps in those cases, air fares from certain places would be in order, over bus fares. I would contribute what I could to that.
Now is the time we are all about to go into more debt for holiday gifts. I wonder if others would join me in buying less and/or telling friends that this year their gift is a donation in their name to this crucial cause.
I was at the Boston Hearings and heard the stories of the children Dr. Jones has helped. This attack is just sickening.
It seems the accusers want to try to push it to an all-out confrontation of the science and clinical realities vs. the outdated academic views on which certain so-called doctors have built their careers and reputations.
PLEASE keep the info coming on how we can help. I don't have affected children but I know who I would want to have available to them if I did.
We will not go away.
Posts: 1067 | From East Coast | Registered: Dec 2000
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oxygenbabe
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Member # 5831
posted
I've heard nothing but good stuff about Dr Jones as a hero all these years....but the question is,is it illegal to prescribe meds on the phone before an actual clinical consult? It seems to me there are legal internet sites where you have a phone consult with a doctor. It seems to me the issue is not that he's saved 8000 kids (it IS the real issue, but not the issue being discussed). It seems if he can establish he took a solid clinical history over the phone and asked for records from family physicians, tests etc he'd be on much safer ground than if there were merely a phone conversation and a few notes. I really have no idea about the medical/legal wiggle room here, but as I said these internet sites are apparently legal, where you buy drugs after a phone consult.
I'm just thinking out loud here, I'm sure the lawyer knows best.
Please, in your activism, be very polite. Let the lawyer handle any presentation. Your letters to the NY Times about igenex did no good. When the lyme community is perceived to be outraged and crazy they backfire on themselves. Yes of course there is good reason to be outraged and feel half crazy BUT that approach won't win any battles.
Posts: 2276 | From united states | Registered: Jun 2004
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riversinger
Frequent Contributor (1K+ posts)
Member # 4851
posted
oxygenbabe, I just want to say that the letters about Igenex did eventually do good. Because of the brouhaha, Igenex was once again thoroughly investigated and formally cleared of any charges that the Times made. Not the easy outcome that we desired, but the final result is what was wanted.
I do agree that people must tread carefully in this case. If Dr. Jones is being accused of violating the usual and customary standard of care, then any claims made about the care he has provided must be very specifically within certain guidelines to be helpful.
Letters sent to the attorney seem the safest course. There, they can be vetted and only the most supportive to the case provided to the hearing.
phone consults are done all the time by conventional docs. the doc has the leeway on judgement, which is what the enemy is questioning.
given his history of dx and tx,along w/ the medical science to boot, the enemy will lose. he should go on the offensive, and get them in criminal court. a criminal court jury will fry the enemy's a.
Posts: 2708 | Registered: Feb 2005
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posted
I truly believe Dr. Jones is a humanitarian as well as pediatric lyme doctor extraordinare! The details are pretty sketchy, but I would not be surprised to learn that there is some sort of "set-up" going on here.
His first and foremost thought has always been the welfare of his "kids"...without a concern for himself.
Oxygenbabe's question does raise a concern...but if was my child involved, and knowing what a 5 month wait can mean when it comes to lyme, I would be forever thankful for Jones' action. I am convinced that there's more to the story than we've perhaps been told.
Given Dr. Shapiro's bias, he should be eliminated from the proceedings, IMO.
Stay tuned for more info.
-------------------- nan Posts: 2135 | From Tick Country | Registered: Oct 2000
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posted
Sorry, pq, I don't think you can count on right winning over might in this situation. Look who they put on the panel if you don't think the potential to lose is not significant. That is, this is very serious.
[ 12. December 2005, 05:11 PM: Message edited by: lou ]
Posts: 8430 | From Not available | Registered: Oct 2000
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posted
While there is no way I can possibly get to the hearing and I dont have any money to send (trying to figure out how I'm eating next month) please let me know if there is ANYTHING I can do to help...
oxygenbabe
Frequent Contributor (1K+ posts)
Member # 5831
posted
Exactly...since he thinks these kids have congenital lyme, any evidence of such in research literature (including syphilis as a model), any case histories he has of parents whose kids had congenital lyme and improved, AND hopefully he took a history over the phone and took extensive notes and when those notes are subpoeaned (sp?) they will be there in all their detail and glory and then, again I have no experience in law, but I imagine if you can establish a precedent anywhere, including the internet, for a clinical history taken on the phone and routine drugs (antibiotics in this case) prescribed, perhaps you can make a case not for usual and customary care, but for reasonable care in an emergency.
Posts: 2276 | From united states | Registered: Jun 2004
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riversinger
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posted
Having heard Dr. Jones speak, he keeps very good records on his kids, what kinds of things he sees in what percentage if children, and how many respond to what kind of treatment. He will be an excellent witness, as far as that goes.
And there are plenty of people to support his testimony. The issue will be how many other doctors are following a similiar course of treatment, with similiar results. They will attack his credibility, I am sure.
However, there is evidence for congentital transmission, and for treatment. Just as there is evidence for the reverse, as we all know. This will be quite a battleground.
lymebrat
Frequent Contributor (1K+ posts)
Member # 3208
posted
Let me know when the rally to support Dr.Jones is, and God Willing, my family and friends will all be there.
I wonder if Dr.Jones can use the hundreds of Christmas cards and letters his patients have sent him, to thank him for caring for our children? I would think they could be beneficial if they were able to use them.
As they date back many years and will show that long before this lawsuit, Dr.Jones has helped thousands of kids and these letters and cards are testimonials to this fact.
As far as prescribing meds without a consult, I think this is the only thing they could get him on and I am hoping it will be a very weak case against him.
Many doctors prescribe meds before seeing patients in person.
Like I said, God willing, I'll be there...
~LymeBrat
Posts: 3154 | From NH , USA | Registered: Oct 2002
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We've spent too many years in fear of things like this.
Grab a torch and march peacefully with truth on your side.
Send susinct testimony of Doc J's care from the time you have seen him to date to his attorney...his meticulous care and improvement.. lenghth of visits, his combing of the medical hostory, extensive bloodwrok, his astute clinical care.
Obviously thay can make a beef with prescribing ab's over the phone, tho I hope you guys are right and there is wiggle room, however I would also hope that the enourmous outpouring of testimony, the scientific literature, the LACK OF CARE and the fact that this bonehead on the panel has been supressing children's care for decades will all come out too.
Uh -- can you say conflict of interest?
Doc J knows this disease and the lay of the land better than ANYONE. he knows the enemy well, we have talked about this allot. I hope he is finding time to inform his lawuer, tho knowing him.. he's rather spend it helping suffering kids..
Truth is on our side and we have to be in full force here. We can't get too emotional in communications, and don't have too, IMO, the reality is enourmously powerful. He always says that and he's right.
It's about time people found out about this and a case went on record. Now's not only our obligation and calling, but also a chance to help Doc J and all his kids.
As an aside -- can we also appeal to one or more of the supportive politicians in CT??
Behind the scene, before the case is heard? (just brainstorming)
Mo
Posts: 8337 | From the other shore | Registered: Jul 2002
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posted
what about the quarterback for the Florida State University football team.
he had a psychotic episode and was eventually diagnosed with Lyme by a DR in PA.
his family, i have read, is very public about how thankful they are for his Lyme treatment.
i believe the family name is Sexton. it is a recent public case that may be of some help.
thanks bill
Posts: 127 | From MA | Registered: May 2004
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Michelle M
Frequent Contributor (1K+ posts)
Member # 7200
posted
Eugene Shapiro should not be allowed to sit in judgment of anyone connected with Lyme disease. Ever. He should be relegated to the Hall of Shame.
I realize this is not California, and it is neither criminal law nor civil law, so I am little qualified to give legal advice. However -- and I am sure Mr. Porto has been thinking about this too -- I hope there is some avenue by which a party can object to a member of this so-called 'panel.'
If a general objection based upon his obvious bias and outdated beliefs about Lyme disease (see Lou's article in Support, particularly the highlighted parts) cannot be sustained, then alternatively, perhaps Mr. Porto can issue a Subpoena Duces Tecum requiring the production of any and all records of speaking fees, honorariums, income, monies, reimbursements, wages, or 'gifts' to Dr. Shapiro in the last ten years from insurance companies, pharmaceutical companies, and/or drug manufacturers or distributors.
This would be relevant to show Shapiro's bias and motive to discredit Dr. Jones.
I would bet he's swimming in it.
I would also bet one reason you never see any PubMed research articles from the mighty think-tank Shapiro is that little tiny place on the bottom where you have to disclose your conflicts of interest... His would probably be longer than the article!!!
I would so much rather see this charade taking place in any other forum -- where the aggrieved party had a fair shot at due process -- than an administrative type process like a medical board hearing.
Just my thoughts...
Michelle
Posts: 3193 | From Northern California | Registered: Apr 2005
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quote:Originally posted by nan: The details are pretty sketchy, but I would not be surprised to learn that there is some sort of "set-up" going on here.
I agree. Who else would "turn him in" for prescribing meds for their child?
-------------------- --Lymetutu-- Opinions, not medical advice! Posts: 96239 | From Texas | Registered: Feb 2001
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posted
Well if he was reported to the CT lisensing board shouldn't this complain be already on the public records or something like that.....
Posts: 983 | From The sky | Registered: Feb 2005
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posted
You guys, once you read the letter from dr. J carefully about the woman from nevada- it sounds like a set-up. Like perhaps Shapiro set her up and she doesn't have sick kids at all..just a provocation...It would be interesting if dr. J 's Lawyer could investigate this as well
posted
This seems like they are getting there opportunity to finally hang him.
These guys are dying to finally get him in their hands. Dr J has been making these established quacks look bad for years. Imagine all the kids and mothers who he helped after these guys misdiagnosed. Im sure they are more than resentfull.
I dont have any kids but this really enrages me to think of kids going through this with no hope.
CaliLymer
Posts: 215 | From CA, USA | Registered: Nov 2004
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NP40
Frequent Contributor (1K+ posts)
Member # 6711
posted
Doc J is in his late 70's, works constantly. No child, regardless of ability to pay, is ever turned away.
I'll bet Doc J has cured hundreds of kids turned away by Shapiro and Yale. Trust me, Shapiro is behind this. He's part of the biowar/insurance shill crowd along with Steere, Klempner, Worsmer, etc.
They'd love to hang Doc J because he's been publicly critical of their appalling lack of professionalism, and disregard for lymies.
I know we're supposed to forward correspondence through Doc J's attorney or the CT. group, but.
First of all, I see nothing wrong with e-mailing Yale's administrators and informing them you will never use their services again, nor ever refer anyone to them for treatment, because of their blatant disregard for ill people, and refusal to look at voluminous material showing the efficacy of long-term abx treatment.
Secondly, allowing Shapiro to participate in the judgement of Doc J. is prejudicial, and contrary to a fair hearing. Doc J. has cured patients that Shapiro/Yale has neglected.
The Connecticut Health Dept. [Dr. Galvin] is the head. Do a google search and you'll find his contact info.
Frankly, I'm tired of playing nice with these people. We need to hit them where it hurts, namely their pocketbook. Boycotting Yale is the first step, and specifically naming Shapiro as the reason for the boycott is a neccessity.
They file false charges against LLMD's with absolutely no repercussions. We need to be loud, vocal, and determined, so that there is no more next time. We need to bring people like Shapiro, etc. in front of Review boards when they fail to properly diagnose, and treat. We need to be proactive and not reactive, or this harassment will continue unabated.
Does anyone believe that AIDS activists gained recognition in the 80's by being passive ?
Posts: 1632 | From Northern Wisconsin | Registered: Jan 2005
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NP40
Frequent Contributor (1K+ posts)
Member # 6711
posted
quote:Originally posted by citruslyme: You guys, once you read the letter from dr. J carefully about the woman from nevada- it sounds like a set-up. Like perhaps Shapiro set her up and she doesn't have sick kids at all..just a provocation...It would be interesting if dr. J 's Lawyer could investigate this as well
It's definitely a possibility, Shapiro has done far worse. I e-mailed Doc J's attorney already on the fact of Shapiro's blatant conflict of interest. Reading Doc J's letter carefully, there appears to be more panelists than Shapiro, and the Pediatrician.
In reading through other hearings in the state of CT., Dr Galvin [head of the CT. Health Dept.] seemed non-prejudicial and fair-minded. He obviously did not want to stray into the area of telling any Doc's [LLMD's included] how to treat lyme.
I'm not disheartened, I think Doc J will come out of this unscathed if we're all supportive, and it might just be the inertia we need to send outmoded insurance shills like Shapiro to the irrelevancy he so richly deserves.
Posts: 1632 | From Northern Wisconsin | Registered: Jan 2005
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It's clear we can no longer afford to be victims. We have to fight for these kids.
I think first we have to funnel this behind Doc J, since this is upon us IMO. Then ..yes, we have to be getting proactive in filing some complaints of our own.
And, I believe rallying like never before for Doc J could be great forward movement. If there is enough response and thousands write and show up -- I'd bet we can get it covered by the media, and -- oh what a story it is.
Strength is in numbers, and Doc J has those.
Furthermore.. his being cleared will blaze the trail for Docs afraid to treat Lyme, and may well nail it to Shapiro and a few others by default.
Then there is everything that came out of Doctor B's charges...tho it was a very trying time, the community mobilized -- as a result grassroots groups formed, lobbying began and the response to that moved things a great deal. We got the resolution in NY for the OPMC to stop the harassment.
Is that enough, NO WAY --
Doc J's outpouring should be a thousand times greater..we ALL need to be there and write in sync.
Does anyone know if the CT groups are organizing newspaper blitzes or any CT politicians to contact as well?
Mo
Posts: 8337 | From the other shore | Registered: Jul 2002
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posted
Yes I think it is significant if dr. J's attorney can prove that the Lady from Nevada was a fake and just some set up- she would get time ....
OK . We all have to be at the rally. Don't excuse yourself because you think others will be there . If everyone will think that way- then no one will show. The more people the better. every person that will show up will make a difference. Even if you don't have kids- think of it this way - you touch the best lyme doc, others will fall too. This is a moment in History. let's stirr the media's attention.
i agree for a good part of what you said. just venting.
an expert witness that is a results statistician, w/ expertise in medical research trials,etc. will bury the opposition on the merits, alone. the findings of a team of medical results statistician will be needed for hague, and elswhere. at the hague, or wherever they hold such trials, right will overcome might.
this type of expert witness will expose the absolute insubstantiveness of the oppositions claim. with this a base information by the medical statistician, the judge, or panel of judges will see the implicit maliciousness of this attack. there are statistical tests for honesty in results, such as the royal society of statisticians(or some such name) used in england to debunk dr. Low-Life Dirtbag Munchausen's theory that resulted in the loss of his medical license. one or more of the very same, and similar statistical tests applied to shapiro's, et.al. claim(s) will expose the farce that is already patently obvious to every healthcare professional with the requisite background.
quote:Originally posted by lou: Sorry, pq, I don't think you can count on right winning over might in this situation. Look who they put on the panel if you don't think the potential to lose is not significant. That is, this is very serious. " .... "
posted
First do no harm.
Posts: 983 | From The sky | Registered: Feb 2005
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Lydie
Unregistered
posted
I don't understand who offered Dr. J. the opportunity to retire. I would think that such an offer would be during the hearing, not before. I mean, the case has not been heard yet. What could he mean?
Sometimes hearings like this result in restrictions to practice, such as, perhaps, Dr. J. agreeing not to do phone consults. Is this a possibility?
I think that it's great that a lot of people might show up for the hearing. But I think we should keep any written support brief, and matter-of-fact. Credibility is really important. I have heard people say that the long personal stories sometimes do more harm than good.
Are any kids suffering right now, because Dr. J. can't prescribe abx as freely? Do they have any recourse? Does this case afffect MD's that were being trained by Dr. J. as well?
Dr. J. has been well aware that, with his own health issues, he won't practice forever. Is anything in place to carry his practice on, whether because Dr. J. can't continue for physical or legal reasons?
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When we were there a month ago, the office was setting to expand to a double practice, with a very kind Doc who has studied under Doc J for some time now, I believe spending a full day with him once a week for over a year.
I shudder to think that all of that may be on hold now..I'm not sure, I'll see what I can find out.
You're right, there will be suffering of children just in this process, perhaps he cannot take new patients as well?
Mo
Posts: 8337 | From the other shore | Registered: Jul 2002
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posted
what I suggest is to find literature on any language (that would create a sense of international recognition) about Dr JOnes treatment policy. Any literature with a level of formalism I think would help. Articles written on newspapers, etc. I would say too that by emphazising on any article related to lyme on how important is to get treatment right away might help alot.
Posts: 983 | From The sky | Registered: Feb 2005
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Ann-OH
Frequent Contributor (5K+ posts)
Member # 2020
posted
Here is a letter from Dr. Jones's atty. as posted by Nan:
Dear friend,
We have received your email and thank you for the same. The outpouring of response has been tremendous. We are currently in discussions about the case & are forming a strategy to proceed. We will contact you as soon as we are ready to recommend a specific course of action. You will be an important part of Dr. Jones's defense.
Please do not take any action until we have a recommendation as it may adversely affect the case.
In the meantime, if you have a child or children who have been treated by Dr. Jones or have information that might be helpful about the case or the witnesses, please write us a letter detailing the same which we can review & if we do not call you as a witness, we can introduce into evidence if given the opportunity.
Please do not send emails as we need letters.
Thank you again,
Chris R. Nelson, Esq. Parrett, Porto, Parese & Colwell, P.C. 2319 Whitney Avenue, Suite 1-D Hamden, CT 06518 Ph # 230.281.2700 Fax # 203.281.0700
Doc J has hundreds of active patients. We have to do all we can (for right now following the attorney's advice and provoding hard copy letters and be ready for future alerts and rallys) to ensure these kids will continue their care.
(I have cut my Christmas budget in anticipation of travel and alerted my family as to why...................)
Any strategies or other ideas should be e-mailed privately to organizations such as CALDA.. and the like.
If anyone can help organize a defence fund, I suggest you e-mail Phyllis Mervine at CALDA, as she posted that request on another board.
Mo
Posts: 8337 | From the other shore | Registered: Jul 2002
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posted
Dr. J is still practicing with a business as usual attitude. I think it is important for us to all wait and see what his legal team decides they need from us, and then do whatever we can. I have sent my letter to the attorney as requested regarding my daughter's treatment.
As far as his new office partner, she is a naturoapath and as such can not prescribe antibiotics on her own. So while she can see patients and support his practice, she can not practice on her own if he is not there anymore. I did not realize this until a friend of Dr. Jones explained this to me.
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and then, again I have no experience in law, but I imagine if you can establish a precedent anywhere, including the internet, for a clinical history taken on the phone and routine drugs (antibiotics in this case) prescribed, perhaps you can make a case not for usual and customary care, but for reasonable care in an emergency.
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