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California Sinaiko Case: The Quackbuster's Breaking Point...

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4 Apr 2005 07:11:44 -0000

" Millions of Health Freedom Fighters - Newsletter "

<timbolen

 

California " Sinaiko " Case: The " Quackbuster's " Breaking Point...

 

 

 

http://www.quackpotwatch.org/opinionpieces/breaking%20point.htm

 

California " Sinaiko " Case: The " Quackbuster's " Breaking Point...

 

 

 

Opinion by Consumer Advocate Tim Bolen

 

 

 

Monday, April 4th, 2005

 

 

 

For years the " quackbuster " attacks against innovative health

practitioners were handled, by health activists, in the " defense "

mode. The California " Sinaiko " case was the turning point.

 

 

 

The reason: the " quackbusters " had won so many battles, and had

caused so many problems for innovative health practitioners since the

" Plan of '96 " took effect, that they were arrogant beyond belief.

 

 

 

That was their downfall. Because of that, they not only lost the

Sinaiko case, they lost California - and the tide turned nationwide.

 

 

 

Below, I've copied a letter I just got from Bob Sinaiko MD, thanking

me, and the HUGE group of supporters that found the circumstances

surrounding Bob Sinaiko's case to be APPALLING - and decided to band

together to do something about this horrible abuse of the North

American system.

 

 

 

For good reason, Bob forgot to thank the " quackbusters. " It would

seem odd to thank those that attacked you, but in the case of the

" quackbusters " , because of the results, credit should be given where

credit is due. It was their arrogance that did them in.

 

 

 

Arrogant? Oh yeah. When this case started the " quackbusters "

thought they were the cat's meow. They'd just come out of the Chicago

FSMB convention where the " Plan of '96 " was hatched - and they were

riding high.

 

 

 

As an example of how much power they had in California, a business

associate of quackpot Wallace Sampson was a member of the Medical

Board. In a hearing, the (then) Medical Board, in a seemingly

childish glee, declared that Sinaiko's chief witness, recently retired

as the Assistant Secretary of Health, Phil Lee MD, " was not credible. "

Dr. Lee, shortly thereafter, took a job with new governor Gray Davis,

as his primary health advisor, and picked a new Board to replace the

old one.

 

 

 

Also, the Medical Board, and corrupt staff, ignored, and derided, the

Amicus Brief (Friend of the Court Brief) filed by the Center for

Public Interest Law (CPIL), the group that WROTE the Medical Practice

Act in California. They did the same for the rest of the Amicus Briefs.

 

 

 

Their sheer, unadulterated arrogance worked for us, not for them. We won.

 

 

 

Read Bob's letter...

 

 

 

Dear Tim,

 

As you know by now, I have good news to share. While I'll let that

letter speak for itself, I want you to know what a debt of gratitude I

and my family owe you. Tim, your help throughout this ordeal was so

helpful. Without people like you, this good news simply wouldn't be.

The sustenance we gained from the support you gave us has touched me

deeply and I am grateful.

Read on, and enjoy the fruits of our labor!

 

Bob

 

Dear Friends,

 

After a dozen years of fighting the Medical Board, I am pleased to

write and let you know that as of February 17, 2005, the entire action

against me has been dropped. If you go to the official web site of the

Board or of the national registry, my medical license is, at long

last, clear and in good standing. Period. It's over.

 

I and my family could not have withstood over a decade of fighting

this injustice had it not been literally for the hundreds of friends,

patients, and advocates, all of whom were at our side. We owe thanks

to so many. To Shula Edelkind and Colleen Smethers, thank you for

your indefatigable work to raise the medical defense fund. To the

Children's Advocacy Institute, the California Medical Association,

Disability Rights Advocates, the Center for the Science in the Public

Interest, the Union of American Physicians and Dentists, the

Association of American Physicians and Surgeons, and the American

Association for Health Freedom, we thank you for your role as amici

curiae. It made the difference, we know. To Frank Cuny and his

grassroots band of warriors, California Citizens for Health Freedom,

we thank you for being there time and again, before the board as well

as with lawmakers. To those of you, friends, patients and strangers,

who gave money, emotional support, strategic advice, we thank all of

you, for your loyalty and your belief in the rights of patients and

doctors to work together to find safe and effective treatments for

complicated conditions such as ADHD, chronic fatigue syndrome and

multiple chemical sensitivity.

 

It's just possible that the Medical Board now knows, thanks to the

fight we waged together, that it can no longer afford to recklessly

prosecute doctors who use safe treatments that are supported by

clinical observation, emerging scientific literature, and informed

patient consent, just because those doctors are not in the majority.

 

We were also blessed with excellent legal counsel along the way,

including most recently, the terrific representation of Dennis Riordan

and Dylan Shaffer, who prevailed for us in the Court of Appeal,

helping us set the stage for this final settlement. Their skill

speaks for itself. But numbers also tell a story. Recent data

compiled by the Center for Public Interest Law show that we beat the

odds. Only 5 out of 75 petitions for reconsideration are granted by

the Medical Board. Our case was one of them. For the past 3 years,

at the appellate level, only 2 out of 19 prevailed against the board.

We did, and we won big.

 

The Court of Appeal, in particular, noted that the Medical Board - in

violation of my due process rights and establishing a precedent that

will protect all doctors and their patients -- had chosen to

disregard, completely, the testimony of a number of prestigious

medical experts who appeared at my original hearing. We thank you,

all of you, who were there at in those dark days back in 1998: Phil

Lee, Vince Marinkovich, Henrik Blum, Glenn Elliott, Fred Blackwell,

Carol Jessop, Jack Pulec, Deborah Sedberry, and Jeffrey Silvers. Your

collective professional integrity could, ultimately, not be ignored.

Many patients came forward as well, and we thank you. There, too, we

had excellent legal counsel, Nancy Cahill, Judy Moore. Dick Turner

took over where they left off, and we are grateful to him as well.

While never our counsel, e bob wallach was a constant advisor and

friend who gave us hope and direction when we could have so easily

faltered.

 

So, what is next for me as a doctor? I look forward to a time of

figuring that out. As ever, I have a huge passion for working with

children, especially children with ADHD and autism. Scientific rigor

has always been at the core of my practice, and research also appeals.

But, until I know what my options are - and only time will tell how

much damage has been done to my reputation that can never be undone -

I cannot say for sure.

 

But, life feels better, oh so much better. Lois and I, as well as

Olivia and John, will look back at this chapter with bittersweet

feelings, knowing it never should have happened, but also aware that

we learned so much about friendship, about principles, about tenacity

that cannot be quantified or ever forgotten.

 

We remain gratefully yours,

 

Robert J. Sinaiko, M.D.

 

 

 

We are heading for a health care " Nuremberg... " And, it's about time...

http://www.law.umkc.edu/faculty/projects/ftrials/nuremberg/nuremberg.htm

 

 

 

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://www.quackpotwatch.org/default.htm.

 

For EVEN MORE interesting and related articles go to

http://www.bolenreport.com.

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