Tincup
Honored Contributor (10K+ posts)
Member # 5829
posted
CHARLES RAY JONES, M.D. Madison Towers 111 Park Street, 1st Floor New Haven, Connecticut 06511 Tel (203) 772-1123 Fax (203) 772-0682
March 17, 2008
Dear Friends,
I am writing once again to update you regarding the status of the charges which have been brought against me by the Connecticut Department of Public Health (CT DPH).
As most of you know, on December 18, 2007, the hearing panel made recommendations for sanctions that would have severely restricted my ability to treat Lyme patients, and would have set a dangerous precedent for other Lyme-treating physicians.
Those of you who were fortunate enough to hear Attorney Pollack's oral argument in response to the hearing panel's proposed decisions and sanctions (``Proposed Memorandum of Decision''), or who read the transcript published in the Lyme Times (Winter Edition), can speak to his professionalism and keen grasp of key issues pertaining to Lyme disease and the controversy which surrounds it.
Although the Connecticut Medical Examining Board (CMEB) went on to adopt the recommendations of the hearing panel with little change, I remain confident and extremely grateful to my legal defense team, headed by Attorney Pollack, and assisted by his associate Christine Collyer, Lorraine Johnson and others.
They have been engaged in a flurry of critical legal activity since December 18 to prevent the CMEB's determination from becoming final.
For example:
1. With the help of a skilled appellate lawyer from his firm, Attorney Pollack has filed an appeal and an Application to Stay the Connecticut Medical Examining Board's Decision in the Superior Court.
This was successful, because it resulted in a Court decision to stay, or stop, the application of a four part standard for the diagnosis of Lyme disease, pending appeal.
Although the Court did not remove the requirement for a monitor, this means that I cannot be penalized for treating Lyme if:
1) there is low risk of exposure,
2) the symptoms are what some call ``non-specific,''
3) the history is ``non-specific,'' and
4) the Lyme test is negative.
This change resulted from one ground in the appeal, which pertained to the fact that the hearing panel imposed this standard AFTER the trial, so that we had no opportunity to defend against it during the hearing, which most lawyers would consider a breach of due process.
2. Another ground for appeal filed by my attorneys pertained to the inconsistent position taken by the CT DPH Commissioner Galvin.
In a hearing on Lyme disease held in CT in 2004, as well as in other public statements, the Commissioner has stated that there are two standards of care for Lyme disease and that it is too early to ``call the science.''
He then contradicted these statements by bringing action against me predicated on the IDSA standard of care. In so doing, Galvin denied me due process and fair notice.
3. Yet another ground for appeal was based on the question of bias of one of the three panel members, Dr. Senechal.
Following the December 18 hearing, two parents who had not attended previous hearings came forward and expressed horror that Dr. Senechal had expressed extremely biased views regarding physicians who treat Lyme, referring to them as ``quacks.''
Dr. Senechal's remarks, documented in their affidavit, formed the basis for a motion to reconsider, filed with the CMEB. The CMEB denied this motion, but Dr. Senechal's bias provided another element which strengthened our appeal.
4. My legal team also was successful in getting the Connecticut Superior Court to stay the reprimand and the two years probation ordered by the CMEB.
Also, the civil penalty, $10,000, was placed in a trust account pending appeal.
It is very important to note that, although the monitoring factor remains in place, the monitor's scope has been limited with regard to the 4 part standard of care (see above) - very good news not only for my practice, but also for that of other physicians who treat Lyme disease comprehensively, and for the patients who seek their care.
5. My attorneys have had to become involved in defending my failure to obtain a monitor by the deadline set by the CMEB, in order to prevent them from holding me in contempt, a finding which, at the worst, could result in an automatic suspension of my CT medical license.
Here are some of the circumstances which led to their involvement in this matter:
The CMEB order stipulates that I must find (and pay for) a board certified pediatrician licensed in Connecticut.
The monitor must be willing to review thirty patients' charts every three months, for a period of two years.
I have had a great deal of difficulty finding a monitor in the allotted time, particularly one who understands how to treat Lyme disease comprehensively.
Some are too busy with their practices to take the time to serve in this capacity. Many are involved in group practices which often object, because of the time and resources this activity would divert from the collective work of the partners.
Some may not want to take on this role due to the controversial nature of my case.
The CMEB has refrained from providing a monitor; perhaps as a strategy to avoid the accusation that they have installed someone who is hostile.
They have, however, threatened to hold me in contempt, asserting that I have not exhibited sufficient effort with this matter.
My office continues to aggressively search for a monitor, while my attorneys are dealing with the legal issues involved.
6. As you may have heard, the DPH has brought additional charges against me pertaining to three new cases.
Initially, they intended to introduce these cases into the prior, ongoing hearing, but my attorneys were successful in preventing these cases from being joined with the case already being heard.
New hearings on these three cases will be scheduled in the near future at the Legislative Office Building in Hartford, CT (watch for future announcements with more details).
These are expected to be scheduled over a period of at least several months, which my attorneys already have begun to prepare for by contacting potential experts, compiling legal research and drafting legal pleadings.
Two out of three of these cases, much like the previous case, involve divorced parents engaged in custody and other marital/parental disputes.
One case in particular has ominous implications for the Lyme community, if the DPH charge is allowed to prevail:
I am accused of falsifying an illness in a child in order to justify his absences from school, essentially colluding with the mother, who has been accused of Munchausen's Syndrome by Proxy.
This charge, if upheld, could set a dangerous precedent for the Lyme community, endangering parents and their sick children who are accused of truancy. It must be defeated.
We have some reason to hope, based on the merits of the appeal, that the CMEB and the CT DPH could decide against prosecuting these new charges.
Once again, my legal team has been extremely busy, attending CMEB meetings, drafting motions, writing memos, conferencing with both the DPH prosecutor and the Assistant Attorney General and more.
I continue to be impressed by their commitment to my case, as well as their sincere concern for what it represents for the children, who are so ill with Lyme disease.
All of this, unfortunately, also has been quite costly, which leads me, with some apology, to the second part of my message to you.
Without the support of the Lyme community, it would not have been possible for me to engage this top-notch legal team and to fight these charges.
I have thought long and hard about the wisdom of continuing this fight, in part because I hesitate to impose any further hardship on so many of you who already have contributed so much, and who are contending with stressed resources.
I have decided, however, that it is essential to continue to oppose the charges brought against me and want to explain why:
1. I am dedicated to the principle of providing appropriate treatment to the children of Lyme, and to training other physicians to treat pediatric patients through the various preceptor programs currently available.
2. I am gravely concerned that an easy, unchallenged ``defeat'' will send a dangerous message, and that those physicians who depart from the IDSA guidelines in their treatment of Lyme disease will be left more vulnerable.
3. I am strongly opposed to the ominous precedents that will be set if the current charges against me are allowed to prevail.
The two cases that I mentioned above exemplify this danger: namely, the imposition of a restrictive standard of care, as well as the unfounded persecution of families whose children are ill, with accusations of Munchausen's Syndrome by Proxy, malingering and truancy.
4. Because fundraising efforts were suspended over the holidays, when my legal team was engaged in an intensive flurry of activity, the defense fund is in dire straights: currently, we owe more than $80,000 in legal fees.
All outstanding bills for services rendered must be paid immediately in order for me to retain my legal counsel, and we also must demonstrate that funds will continue to be forthcoming as needed.
With all of this in mind, I must ask you once again to consider making a financial contribution to my legal defense fund, in whatever amount your circumstances will allow.
If you are able to contribute, I hope you will do so as soon as possible. Instructions for making donations to the legal defense fund are provided at the bottom of this letter.
Additionally, many of you have suggested ideas for fundraising, some of which could draw on resources outside of the Lyme community (e.g., a concert).
I welcome and deeply appreciate this kind of creative effort to raise money for the legal defense fund.
On Friday, March 14, I reached my 79th birthday.
Someone asked me recently if I ever dreamed that I would find myself in this position at this stage of my life.
I replied that, no, I didn't, but if I had the chance to do it over, I would do it all again.
It is largely because of the considerable support and concern that so many of you have conveyed in so many ways that I have been able to maintain my determination to see these charges through to a successful resolution.
Please accept my heartfelt appreciation for your ongoing support.
With very best regards,
Dr. Jones
Charles Ray Jones, M.D.
HOW TO DONATE TO THE LEGAL DEFENSE FUND:
Make Donations payable to "The Dr. Charles Ray Jones Legal Defense Fund."
Mail to:
C/O George Heath, III (CPA) 26 Fairlawn Drive Wallingford, CT 06492
Note "gift" in the memo field
2) A WEBSITE FOR DR. JONES IS NOW READY TO TAKE PAYPAL CREDIT CARD CONTRIBUTIONS TO THE DEFENSE FUND.
posted
thanks for posting the current update on dr. jones.
i'll forward the entire letter to all on my LYME GROUP LIST at home; i hope all of you will do this too, and ALL boards you are on!!
thanks so much for helping dr. jones defense expenses; but most of all....LYME KIDS NATIONWIDE and international get into remission, and many of them ....hopefully CURED! Bettyg, Iowa activist
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Michelle M
Frequent Contributor (1K+ posts)
Member # 7200
posted
Dr. Jones kicks butt!! He's a modern-day hero. He sure hasn't taken the easy way out. Hard to believe he's 79! I so wish Connecticut had a law protecting LLMD's like California has so these jerks would have to leave him alone. How many children have THEY saved? Better to wonder how many they have harmed. I don't have much and he'll never treat MY kid, but I want him to be free to treat ALL kids. He's just amazing, in an era when we don't make that claim about very many doctors.
Save Dr. Jones!!
Michelle
Posts: 3193 | From Northern California | Registered: Apr 2005
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posted
He is the best, WE have to do something....
Posts: 983 | From The sky | Registered: Feb 2005
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map1131
Frequent Contributor (5K+ posts)
Member # 2022
posted
Tincup, you might be wondering why I've been so snippy lately? This letter from Dr Jones is a perfect example of why I'm angry.
I'm angry for all of us and Dr Jones. There is no excuse for what has been done to this human being. I've never met Dr Jones. I fear I might need his expertise for my grandsons some day and it might be sooner than later.
I have a friend with lyme and company with 4 children already effected for years by this dreadful mess. In the last couple years she has used Dr Jones advice by phone for her 5th pregnancy. Opps, and accident, but a blessing too.
She did abx as much as she could tolerate during that 9 mths. The abx advised for the health of the baby and the mother. She had to change it up a few times and just pray that all is well for her 5th.
Now Tincup you might understand why I got so passionate about the politics of this lyme & company.
Thanks for posting this letter Tincup. Thanks for all you do.
Pam
-------------------- "Never, never, never, never, never give up" Winston Churchill Posts: 6478 | From Louisville, Ky | Registered: Jan 2002
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Tracy9
Frequent Contributor (1K+ posts)
Member # 7521
posted
I am going to sell some things on ebay and send Dr Jones the money, my goal is $100. We could all do that, books, DVDs, CDs you don't use anymore can easily become money for him.
If you don't have money but have a gift card, you can turn it into cash on ebay and donate it.
13 years Lyme & Co.; Small Fiber Neuropathy; Myasthenia Gravis, Adrenal Insufficiency. On chemo for 2 1/2 years as experimental treatment for MG. Posts: 4480 | From Northeastern Connecticut | Registered: Jun 2005
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posted
I'm sending some money....and maybe a support and thank you letter to him to let him know how much he means to me. I don't have any children with Lyme but what he is doing effects us all and the guy certainly could just retire and leave us all behind...he's an amazing person!!
Regarding the previous post about selling things on E-bay...GREAT IDEA!! Even those who are financially struggling must have things around the house that they could sell!! Without people like Dr. Jones....well, I think we all know where we could be....
Kristin
Posts: 561 | From mass | Registered: Jul 2007
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posted
falsifying an illness? munchausens by proxy?? unreal.
this is horrendous, archaic madness. we need professionals pushing facts and basic human rights forward. please continue to support doctor jones' legal defense!!
this is a critical battle for children and families with lyme disease.
mo
Posts: 8337 | From the other shore | Registered: Jul 2002
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Tincup
Honored Contributor (10K+ posts)
Member # 5829
posted
The attacks against Dr. J. are, quite frankly, despicable.
Please show the stuff you are made of and help him as long as he needs help.
-------------------- "Help Or Be Helpless" Please visit "Activism" board daily. See the threads regarding the IDSA Guidelines crisis and the threads about Dr. Charles Ray Jones and decide how best to help today! Posts: 1265 | From does not list | Registered: Jun 2004
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-------------------- "Help Or Be Helpless" Please visit "Activism" board daily. See the threads regarding the IDSA Guidelines crisis and the threads about Dr. Charles Ray Jones and decide how best to help today! Posts: 1265 | From does not list | Registered: Jun 2004
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posted
Would it not be a good idea to have this thread available on the "activism" board as well as here?
Placement on the "activism" board would make this announcement easier to find for someone returning to Lymenet after an absence and who is looking for an update.
-------------------- "Help Or Be Helpless" Please visit "Activism" board daily. See the threads regarding the IDSA Guidelines crisis and the threads about Dr. Charles Ray Jones and decide how best to help today! Posts: 1265 | From does not list | Registered: Jun 2004
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Please read this and help Dr. J anyway you can. Every little bit helps. I hate to see this post not getting the attention Dr. J needs.
Posts: 488 | From NY | Registered: Oct 2004
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-------------------- life shrinks and expands in proportion to one's courage -- anais nin Posts: 8337 | From the other shore | Registered: Jul 2002
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bettyg
Unregistered
posted
tincup,
please email loub and ask him to put this up in STICKY FEATURE AREA FOR DR. JONES....legal defense fund, etc.
have him delete some of the older info so this stays on top for newbies to read AND CONTRIBUTE to also. thx.
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sizzled
Frequent Contributor (1K+ posts)
Member # 1357
posted
Up!
Posts: 4258 | From over there | Registered: Jul 2001
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posted
I think that this thread is so important that it needs to appear in multiple spots.
Sometimes readers skip over the top "stuck" section when they see old dates so let's have at least one "floating" thread, pretty please.
-------------------- "Help Or Be Helpless" Please visit "Activism" board daily. See the threads regarding the IDSA Guidelines crisis and the threads about Dr. Charles Ray Jones and decide how best to help today! Posts: 1265 | From does not list | Registered: Jun 2004
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bettyg
Unregistered
posted
FFWF, my only concern on this one is when i come on at night, it's always on bottom of page 1 or on page 2. that was my only concern.
i understand your comments to; i'll drop my suggestion. the newbies have NO IDEA what is going on here with him.
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You're right. We can't let this stay at the bottom of the page, or even page two.
I am in favor of a both/and solution rather than an either/or one.
-------------------- "Help Or Be Helpless" Please visit "Activism" board daily. See the threads regarding the IDSA Guidelines crisis and the threads about Dr. Charles Ray Jones and decide how best to help today! Posts: 1265 | From does not list | Registered: Jun 2004
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bettyg
Unregistered
posted
up we go
ffwf, would you want to email LOUB asking him to do what you have in mind please. thanks!
I'm not sure I'm the right person to make the request.
-------------------- "Help Or Be Helpless" Please visit "Activism" board daily. See the threads regarding the IDSA Guidelines crisis and the threads about Dr. Charles Ray Jones and decide how best to help today! Posts: 1265 | From does not list | Registered: Jun 2004
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bettyg
Unregistered
posted
ffwf, fyi,
tincup is OFF the board for awhile; MAY occasionally stop in, but stated in a return automatic reply; she's off board until further notice when i sent her something else...
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...and once is not going to be enough. It's going to take repeated helping.
Please don't let the blankety-blanks wear you down.
Persistence is everything.
Please help now.
-------------------- "Help Or Be Helpless" Please visit "Activism" board daily. See the threads regarding the IDSA Guidelines crisis and the threads about Dr. Charles Ray Jones and decide how best to help today! Posts: 1265 | From does not list | Registered: Jun 2004
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posted
Support groups in various parts of the country have raised money for Dr. J. by working together.
I remember one group had considerable success with a shopping day at a particular store. A certain percent of the profits went to help Dr. J.
Please raise the possibility of doing something similar at your next support meeting.
-------------------- "Help Or Be Helpless" Please visit "Activism" board daily. See the threads regarding the IDSA Guidelines crisis and the threads about Dr. Charles Ray Jones and decide how best to help today! Posts: 1265 | From does not list | Registered: Jun 2004
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sizzled
Frequent Contributor (1K+ posts)
Member # 1357
posted
Up for Dr. Jones and the children!
Posts: 4258 | From over there | Registered: Jul 2001
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posted
From what I know, Dr. J. should be designated a living national treasure. Please act now.
Children can't help themselves; they need us to stand up for them. Please protect their access to Dr. Jones' tremendous reservoir of knowledge and experience.
-------------------- "Help Or Be Helpless" Please visit "Activism" board daily. See the threads regarding the IDSA Guidelines crisis and the threads about Dr. Charles Ray Jones and decide how best to help today! Posts: 1265 | From does not list | Registered: Jun 2004
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just don
Frequent Contributor (1K+ posts)
Member # 1129
posted
I am SOOOOO sad to read all of this,,,Not to sound like a downer,,its exactly what the medical board wants,,,to drain him and ALL of us dry,,,and give up in cost despair!!!
Thats WHY they are waiting in the wings with case after case,druming the BIG drum,,,trying to drum him out.
MY guess if they pervail with ANY of this,,,they will only be back with MORE,,,if neccesary to get their desired result!!
I like Tincup said,,,am without means to change it!! ONLY higher up(who ever THAT is) pressure on these witless clowns,is going to get them to quit!!
I am sure THEIR influence runs HIGH so who do we court,ask, cajole into doing the RIGHT thing!!??
We could do the 'tax on the stupid' thing and buy lottery tickets,,,but we would end up broke doing that too!!
Money 'buys' friends and influences enemies,,but fast enough??
I wish I had the answers also,,,meanwhile I will just stand on the roof top with Tincup!!!
WHAT we really need is someone "filthy stinking rich beyond all belief" with lyme or close family with TBI!!!(that is a haha funny statement by the way!!)
Rock on,and let's find a WAY!!!remaining--just don--
-------------------- just don Posts: 4548 | From Middle of midwest | Registered: May 2001
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posted
To encourage that "stinking rich" person to help, let's make sure that s/he knows how important saving Dr. Jones is to all of us.
As a start, please continue to post in support of Dr. Jones and let the "srp" know that the cause means enough that you have sent your (whatever amount).
A reminder to all, especially anyone who falls in the "(sweet-stinking) rich", category:
"A hundred years from now it will not matter what my bank account was, the sort of house I lived in, or the kind of car I drove...but the world may be different because I was important in the life of a child."
-------------------- "Help Or Be Helpless" Please visit "Activism" board daily. See the threads regarding the IDSA Guidelines crisis and the threads about Dr. Charles Ray Jones and decide how best to help today! Posts: 1265 | From does not list | Registered: Jun 2004
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