Rosenthal denied request for assignment of
Dr. Terry Polevoy's Ontario Health Plan Income
California lawyers led by David Shagam, Mark Goldowitz, and Paul Clifford, acting on behalf of Ilena Rosenthal, attempted over many months to force Terry Polevoy to pay hundreds of thousands of dollars that was owed to them in the Barrett v. Clark court case - C-833021.
On July 9, 20087 Stephen Dombrink, a Judge of the Superior Court of the State of California, County of Alameda rendered what is most likely a final decision in this case.
Trick or Treatment:
by Simon Singh and Edzard Ernst
The ultimate verdict on alternative medicine.
Welcome to the world of alternative medicine. Prince Charles is a staunch defender and millions of people swear by it; most UK doctors consider it to be little more than superstition and a waste of money. But how do you know which treatments really heal and which are potentially harmful? Now at last you can find out, thanks to the formidable partnership of Professor Edzard Ernst and Simon Singh. Edzard Ernst is the world's first professor of complementary medicine, based at Exeter University, where he has spent over a decade analysing meticulously the evidence for and against alternative therapies.He is supported in his findings by Simon Singh, the well-known and highly respected science writer of several international bestsellers. Together they have written the definitive book on the subject. It is honest, impartial but hard-hitting, and provides a thorough examination and judgement of more than thirty of the most popular treatments, such as acupuncture, homeopathy, aromatherapy, reflexology, chiropractic and herbal medicine.
In "Trick or Treatment?" the ultimate verdict on alternative medicine is delivered for the first time with clarity, scientific rigour and absolute authority.
Suckers: How Alternative Medicine Makes Fools of Us All
by Rose Shapiro
Suckers reveals how alternative medicine can jeopardize the health of those it claims to treat, leaches resources from treatments of proven efficacy and is largely unaccountable and unregulated. In short, it is an industry that preys on human vulnerability and makes fools of us all.
In “The Cure Within,” her splendid history of mind-body medicine, Anne Harrington tries to explain why we draw connections between emotions and illness, and helps trace how today’s myriad alternative and complementary treatments came to be. A professor and chairman of the history of science department at Harvard, Harrington has produced a book that desperately needed to be written.
Snake Oil Science:
The Truth about Complementary
and Alternative Medicine
by R. Barker Bausell
Millions of people worldwide swear by such therapies as acupuncture, herbal cures, and homeopathic remedies. Indeed, complementary and alternative medicine is embraced by a broad spectrum of society, from ordinary people, to scientists and physicians, to celebrities such as Prince Charles and Oprah Winfrey.
In the tradition of Michael Shermer's Why People Believe Weird Things and Robert Parks's Voodoo Science, Barker Bausell provides an engaging look at the scientific evidence for complementary and alternative medicine (CAM) and at the logical, psychological, and physiological pitfalls that lead otherwise intelligent people--including researchers, physicians, and therapists--to endorse these cures.
The book's ultimate goal is to reveal not whether these therapies work--as Bausell explains, most do work, although weakly and temporarily--but whether they work for the reasons their proponents believe. Indeed, as Bausell reveals, it is the placebo effect that accounts for most of the positive results.
He explores this remarkable phenomenon--the biological and chemical evidence for the placebo effect, how it works in the body, and why research on any therapy that does not factor in the placebo effect will inevitably produce false results. By contrast, as Bausell shows in an impressive survey of research from high-quality scientific journals and systematic reviews, studies employing credible placebo controls do not indicate positive effects for CAM therapies over and above those attributable to random chance.
Here is not only an entertaining critique of the strangely zealous world of CAM belief and practice, but it also a first-rate introduction to how to correctly interpret scientific research of any sort. Readers will come away with a solid understanding of good vs. bad research practice and a healthy skepticism of claims about the latest miracle cure, be it St. John's Wort for depression or acupuncture for chronic pain.
Blind Faith: The Unholy Alliance of Religion and Medicine
by Dr. Richard P. Sloan, PhD
Blockbuster New Book tackling the thorny issues about religion, prayer and medicine. If you've been told that you have an incurable illness, and that prayer will help --- think again.
This book will open your eyes. Dr. Sloan is a professor at the Columbia University School of Medicine and he introduces us to the major players in this new area of Christian evangelism. The studies purporting to show any health benefits from going to church or "being religious" are all so flawed as to render them useless. Using his epidemiological knowledge, Sloan carefully shows the reader how one should analyze claims from the media and claims in journals that purport to show a connection between religious behavior and improved health.
Hulda Clark's publicist Patrick Timothy ("Tim") Bolen's attack on Dr. Terry Polevoy
In August 2000, a concerted effort was apparently hatched by certain individuals to destroy the professional career of one of Canada's leading experts on cancer quackery, Dr. Terry Polevoy of Kitchener-Waterloo, Ontario.
The barrage began with a group of e-mails from Tim and Jan Bolen's address that were directed to the CPSO (College of Physicians and Surgeons of Ontario). The date of the Bolen e-mail was August 12, 2000.
Either Tim Bolen came up with the idea, or was directed by Hulda Clark to do it, or he was doing it on behalf of Christine McPhee, a radio talk-show host here in Canada who had recently been ousted from her Saturday afternoon alternative radio show, The Touch of Health.
Bolen had been a guest on McPhee's show to promote the wacko cancer treatments and theories of Hulda Clark after she had been arrested in California. When complaints were made about the content of some of McPhee's shows over the previous year, it is possible that McPhee got together with Bolen to plan the attack against Polevoy.
On August 16, 2000Christine McPhee's letter arrived at the CPSO headquarters with exactly the same wording as Tim and Jan Bolen's e-mails.
E-mails followed from many others over the next 11 days including Richard Copeland, Craig Zee, Gordon Corp., Sharon Birzvilkis, Jeanne Gagne, Todd Gastaldo, and Julian Winston. Gerald Foye sent a letter from California where both Dr. Polevoy and Dr. Stephen Barrett were accused of being "either unbalanced fanatics or the attraction of subversive finances to support their affairs is greater than their moral conscience".
Todd Gastaldo, a chiropractor who has a history of behaving badly on the internet, sent a disjointed e-mails about chiropractic to the CPSO, and accused Dr. Polevoy of being a murderer. I believe that his psychiatrist in Oregon is still looking after his needs to this very day.
The CPSO deliberated for months until April 6, 2001 when they rendered their final decision.
Questionable promotions and interviews by Christine McPhee
More lies and personal attacks triggered by Tim Bolen and Christine McPhee
Tim Bolen's infamous "Sleazy Quackbuster Scam" post is still up - Sept 19, 2000
"I have a “project” North American health freedom fighters can get their teeth into. Read this article - get angry - and then get involved. It’s all explained here - and the reasons to get involved are obvious. And, we made it easy... It is all done on the internet.
The “Touch of Health Radio Show” with Christine McPhee was shut down the other day by Canadian Radio Executives acting under FALSE information provided to them by the “Quackbusters.” It was the biggest “Alternative Medicine” show in Canada. We need to get the show back on the air - and the “quackbusters” need to get smacked hard..."
"IT IS TIME TO PUSH AND SHOVE - and find out who is behind Barrett, Polevoy, and the others - and give them the bill for what they’ve done to North Americans."
"Don’t get me wrong, lots of people have successfully defended against them - beaten back the attack - so to speak. But no one, so far, has made the attackers themselves, bleed, or wish they had adopted some other life activity. No one has made the attackers pay for what they’ve done, and do, every day, to the people of North America.
IT IS TIME FOR THAT. And, I’m about to tell you how to do that - how you can help begin the smashing of the conspiracy, the destruction of the plotters, and help save the lives of millions of North Americans who are now being denied first-rate health care because of those conspirator’s activities."
"In Polevoy’s attack on McPhee, first he tried to shut her down with scare tactics; stalking, and intimidation techniques. Polevoy followed McPhee for months from place to place, peering and peeping at her from concealment, but letting her know by e-mail afterwards that he was there... Terrified, McPhee called in the police - who visited Polevoy with some very pointed questions."
THE ACTIVE SOLUTION:
Round One...
Five things need to be done by health activists, not just by Canadians, but from around the world. All can be done on the internet. All five of these things need to be done by each and every supporter, and they need to be done all at once. Sample e-mails are at the end of this instruction.
(1). A complaint with the Ontario College of Physicians and Surgeons about Polevoy's activities. Those activities involve several issues.
(a). His STALKING (make sure you use the word "stalking") of Canadian radio personality Christine McPhee. Emphasize his actions of "following her around" to her radio show sites. Make sure you say that she had to call the police to get him to stop following her - and that the police kept two uniformed officers on site for some time, to deal with Polevoy. Mention the fact that you have heard that there were "others" (and there are) he followed (but you don't know their names). When they investigate they'll get those names.
(b). His "hate" website, which was completely inappropriate behavior for a man using the term "MD" after his name (professional misconduct). Emphasize the fact that Polevoy's website attacks drags down the medical profession as a whole. Make a big deal that his "hate" website was so offensive, and Polevoy was so "out there," that his Internet Service Provider finally took his site down at 3:30 PM on July 4th, 2000 - permanently. Mention his connection with the subversive “quackbuster” organization.
(c). His website is, and was, so virulent, that it brings into question Polevoy's mental state. Ask the question "Does the College of Physicians and Surgeons have an obligation to protect the public from those in a state of mental disorder?
(d) Ask the question "Considering that Polevoy's actions were public for some time, why haven't you acted before to stop this MD's professional misconduct?"
(2). An “Urgent” complaint to the Canadian Radio-Television Telecommunications Commission (CRTC) about the radio network taking Christine McPhee off the air, allegedly, because of Polevoy's lies and misrepresentations.
Emphasize that this is a significant “Canadian social issue” in which the radio network, without any investigation on their own, has taken the side of the “allopaths.” Emphasize that Polevoy and Marchuk, lied, and/or misrepresented facts, in their complaints - and that the radio stations did no investigations of the actual facts. Emphasize that the radio stations that made the decision to remove “Alternative Health” from Canadian Broadcasting have a financial interest in the issue (they own the MD shows).
Include, in the complaint, a description of Polevoy and his "hate" website. Send a copy of the complaint to the radio stations, and the networks and the station owners. This is a "restraint of freedom of speech issue, and a balance issue." Ask the CRTC to “Remove the license of any Canadian radio station which does not do “balanced” broadcasting in this significant social and political issue. Send a copy to the local newspaper.
(3). (a). A complaint the CBSC exactly like the one above, plus below...
(b). Complain to the CBSC that they, themselves, have apparently failed in their mission to “inform their member broadcasters of significant social issues.”
(4). A complaint to the station owners - same as above...
(5). Send a copy of the above complaints to all Ontario MPs. Make sure you send a cover e-mail that states that the Ontario College of Physicians has been aware of Polevoy’s activities for some time, and has obviously chosen not to discipline him. This, in itself, shows the OPSC’s tacit approval of Polevoy and his activities - if not their own involvement.
IAHF.COM - August 19, 2000This post is still on their web site, and it has encouraged people in great detail how to contact Trueman Tuck of Belleville, Ontario and file libelous and defamatory complaints against Polevoy and others with the CPSO, the CMA, the Minister of Health and other MPs, the CRTC, the CBSC, the CAB, and radio network executives, to get rid of Polevoy and others who oppose alternative medicine and who they blame for McPhee's show being
"banned from Canadian airwaves".
"The people who got her banned are arch enemies of health freedom and must be exposed all over the world. Please forward this to more people. Anyone can get on the IAHF email list by sending email to ........
or via the listbot menu on the IAHF website at http://www.iahf.com "
Christine McPhee files false report with the Waterloo Regional Police
On March 17, 2000 the Waterloo Regional Police, acting on complaints from Christine McPhee and possibly others, completed their investigation of Dr. Terry Polevoy. Two detectives arrived at his house in the evening to interview him and then rendered their conclusion that there was absolutely no basis for the complaints filed.
Terry Polevoy's Declaration re: Tim Bolen, Hulda Clark et. al. lawsuit
Patrick Timothy Bolen, aka Tim Bolen, and his wife Jan, made certain false allegations in various e-mails, on web sites, and in posts on the internet about myself and others. None of these allegations have any basis in fact. They are defamatory. He orchestrated a campaign to take my medical license away, and to destroy me personally and professionaly. He consorted with others to do the same. He also made personal threats against me, and encouraged others to do physical harm to myself and others.
Public fed weekly two-hour infomerical for unproven remedies
Toronto radio listeners interested in alternative solutions to health problems have one less outlet since Talk 640 yanked the Saturday-afternoon The Touch Of Health show hosted by Christine McPhee. With nasty accusations flying on both sides, the demise of McPhee's infomercial raises questions about the role of scientific verification in the natural health field and the problem of conflict of interest in ads dressed up as programming.
McPhee is adamant that her show "consisted of information of high calibre." Many of the guests who appeared were "credible, informative and back up their information," she assures me.
But that's not what her antagonist, doctor Terry Polevoy, believes. He has made it his mission to discredit purveyors of what he sees as bogus remedies.
Hulda Clark robs Tijuana woman of chance to survive deadly cancer!
Alternative Cancer Treatment Video from Fox News Morning Show with Mike and Juliet
Is the medical establishment wrong about cancer? M&J took a look at alternative treatments that advocates say may save your life … but critics warn could kill you!
Dr. Stephen Barrett, and others appear in this clip from part of the show. Patricia Chavez (see below) attacks the treatment delivered at Hulda Clark's quack cancer clinic. But, somebody at Fox decided that it would be unwise to mention the name of the clinic, or Hulda Clark.
The daughter of a deceased cancer patient has written a vivid account of her mother's experience with Hulda Clark, the unlicensed naturopath whose book Cure for All Cancers states that all cancers can be cured within 5 days. Shortly after being diagnosed with osteosarcoma (a bone cancer), the mother refused standard treatment and went to Clark's Mexican clinic instead. The article describes how, after more than a month, Clark pronounced that the mother was cured and advised her not to get an MRI because because even though her malignancy had been killed it would take time for the tumor to reduce in size. Several weeks later, an MRI showed that during Clark's treatment, the tumor grew to two-and-a-half times its initial size.
"I strongly believe that if she had not undergone Clark's treatment and had sought treatment from a real doctor from the beginning, she would be probably be alive today. Clark robbed my mother of any real chance of survival. She is absolute and total fraud. She told my mother she was cured? Yes, cured and that her malignancy was gone. Now, my mother is dead.
I find it frightening that despite of all of Hulda Clark's legal troubles, she has been allowed to continue to treat patients for many years. I am absolutely appalled that she has affected so many lives and continues to do so. She preys on people's desperation and fears. Hulda's treatment is cruel and inhumane. Extractions, cavitation scrapings, horrid living conditions in a cheap motel, and the list goes on. Something needs to be done to stop her from doing this to other people."
Hulda Clark Lawsuit Reinstated
Appeals court upholds suit against Hulda Clark and her attorney.
The California Court of Appeals has reinstated a malicious prosecution suit that Dr. Stephen Barrett filed in December 2002 against Hulda Clark and attorney Carlos J. Negrete.
Clark is an unlicensed naturopath who claims she can cure cancer, AIDS, and other serious diseases with a low-voltage electrical device and various herbs. [Barrett S. The bizarre claims of Hulda Clark. Quackwatch, Nov 9, 2004] Barrett is suing her for libel because she hired a "publicist" who has been attempting to destroy his reputation by spreading false and defamatory statements about him [Barrett S. A response to Tim Bolen. Quackwatch, March 18, 2005]. In 2001, Clark filed a malicious cross-complaint in which she accused Barrett, his wife, and many other defendants with "racketeering" and a long list of other crimes and civil wrongs they did not commit. [Barrett S. Bogus "anti-quackbuster" suit dismissed: Why I am suing the lawyer who filed it. Quackwatch, March 18, 2005] In 2003, a lower court judge dismissed the malicious prosecution suit on grounds that Barrett not had presented enough information to conclude that Clark and Negrete knew the cross-complaint was groundless.
In reversing the lower court decision (see below), the Appeals Court used these words to describe their reasons why the original court should go to trial:
"the scurrilous nature of the defendants' allegations of wrongdoing and their efforts to publicize them widely on the Internet, when coupled with their utter failure to offer any proof of their charges"
Hulda Clark, who actually obtained a real PhD and did research at Indiana University, has reigned as the Queen of Cancer Quackery. Her supporters host web sites and internet groups that are dedicated to her work. Her publishing empire continues to print books, her family and associates continue to sell products, and devices to victims all over the world. Her Cure for All Disease series of books, despite all of the negative publicity, are apparently still held in high esteem by those people who have cancer, AIDS, and other terrible diseases. These people are easily deceived by her quackery and the those who surround her have indeed been making a living off of this nonsense.
Hulda Clark willingly chose to associate herself with the likes of Patrick Timothy Bolen (aka Tim Bolen), Hulda has taken her mailorder naturopathic diploma to a higher level. She escaped going to jail for practicing medicine without a license in Indiana, and then slipped back to Tijuana to continue her bizarre mission and beliefs that all diseases are simply caused by or related to a little "fluke" that somehow is ingested and spreads to our vital organs. How does she know this? Aha, that's the great mystery. In all the years of "research", which by the way has had no approval by anyone, Clark hasn't published a single paper that has been peer reviewed. She travels with her entourage around the world and charges large fees to take her Syncrometer workshops. Some marketers of her Zappers and Syncrometers have had their operations successfully prosecuted in U.S. courts. The bottom line, is Clark ever going to see the inside of another courtroom? Tim Bolen, a self-proclaimed "General" in the battle to win her right to flaunt her quackery, and avoid justice continues to rant and rave like a lunatic. His lies and defamation continue to permeate the internet. We know that in the end, Bolen and Clark will eventually be brought to justice. Our hope is that people who have been defrauded by her quackery will see justice, too.
Terry Polevoy, MD
FTC hammers some Hulda's supporters but ignores others
In February 2005 Hulda Clark's products were still being marketed around the world despite major legal actions by the FTC. It is ridiculous that the FTC's actions mean nothing.One of the worst examples is an Alameda, California company called Iconocraft LLC.
Shipments are made from a private mailboxes company at the address below known as:
Who are Donna Demesa and Jay Moores and why has the FTC not investigated or charged them?
Back in 2001 someone from Iconocraft named Jay Moores was the subject of a Usenet post that accused him of spamming. The phone number listed on the Iconcraft web site was
510-749-0511 and an address that belonged to that number was listed as:
Moores, Jay (JM30808) - jay@ICONACRAFT.COM
IconAcrafT
1014 Grace Court
Alameda, CA 94501
Hulda Clark's associate and Scientologist, David Amrein was barred from making false claims for devices and an herbal program for treating cancer. He has been associated with Hulda Clark, an unlicensed naturopath who falsely claims that all cancers are caused by parasites and can be cured with a low-voltage electrical device and various herbs. The details of the original FTC charges from January 2003 follow. David Amrein, a Swiss national, is the sole officer and director of both The Dr. Clark Association that operates as a not-for-profit corporation in California, and a Swiss company Behandlungzentrum GMbH. Amrein was charged with making unsubstantiated claims for several products that Clark recommends.
Those people who bought into this scam can now obtain redress thanks to the settlement reached by the FTC. Amrein and all of his colleagues and associated companies are prohibited from making false claims for any of their products. In 2001, the FTC obtained a consent agreement with another advertiser of products based on Clark's theories. Clark, who writes books and operates a Mexican clinic, was not charged in these cases because her claims for the products do not constitute advertising.
Tim Bolen - Wake Up!!
In response to a series of articles co-authored by Penni Crabtree and Sandra Dibble that exposed the underbelly of Hulda Clark's Tijuana quack cancer clinic in Tijuana the attacks began in earnest:
Carlos Negrete, Hulda Clark's lawyer, sent a letter to Penni Crabtree on December 1, 2001. It was an attempt to intimidate her prior to the publication of a pending article about Clark's clinic. Negrete is still Hulda Clark's lawyer and is also involved in the Ilena Rosenthal lawsuit.
Tim Bolen
invited readers to join him in an attempt to intimidate Crabtree and
the San Diego Union - Tribune March 3, 2002
Penni Crabtree and Sandra Dibble were honored by the National Association of Hispanic Journalists for Investigative Reporting for "Borderline Medicine", a two-part series on alternative clinics in Tijuana.
The 95 percent promise? - February 24, 2002
Complaints trail entrepreneur, who claims remarkable cure rate
The point of this, in my opinion, was not to complain, but rather to cause retraction or make the authors "think twice" about writing about Clark in the future. It's bizarre enough that the recent ACLU amicus brief in my own case argues that prohibiting defamation and libel infringes on freedom
of speech, but it's truly ironic that they'd make this argument about defamatory internet posts written in large part to shut me up."
FTC Orders - Sept. 24, 2003
The FTC has just delivered a heavy blow against David Amrein, the Dr. Clark Research Association, and their brigade of supporters. On September 24, 2003 in the U.S. District Court of Ohio, Eastern Division, Judge John Adams, slapped them all down a notch or two. They can make no claims at all for any of their devices, products, goods or services. This includes Hulda Clark's New 21 Day Program for Advanced Cancers, the Super Zapper Deluxe, the Syncrometer, and the Complete Herbal Parasite Program. They have to prove to the FTC that their claims are true, but it must be based on reliable scientific evidence. They must keep records, they can't destroy, erase, or conceal any evidence, including all financial records, phone logs, etc. since January 1, 1999. They must provide a copy of this order to all of their affiliates, subsidiaries, employees, representatives, etc. by September 27, 2003. They have until October 30, 2003 to respond when proceedings in court will continue.
I wonder what impact this had at the 2003 Rife Conference scheduled for this weekend. Hulda Clark with her mailorder "naturopathic" degree from Clayton College of Natural Health was scheduled to speak on Saturday morning. We wonder why the FTC has taken its sweet time with the Rife promoters, too. Perhaps this may stimulate some further activity. We can only hope.
California court upholds Terry Polevoy's right to sue republishers of Tim Bolen's defamatory posts which were repeated by Ilena Rosenthal.
Ilena Rosenthal had posted libelous statements on numerous web sites which defamed Dr. Polevoy. Those statements were originally made by Tim Bolen, Hulda Clark's publicist. The judges stated that the original lawsuit filed by Drs. Stephen Barrett, and Terry Polevoy should continue. The links below are posted for your information. As the news of this decision reaches the bleeding hearts in the freedom of speech arena, we expect to have reactions posted from them as well. Even though the decision went against Ilena Rosenthal and she stands a good chance of losing in court, she continues to post defamatory articles by others on internet newsgroups around the world.
Case Summary
Supreme Court Case: S122953
Court of Appeal Case(s): First Appellate District, Division Two A096451
Case Caption: BARRETT v. ROSENTHAL Case Category: Review - Civil Appeal
Start Date: 03/01/2004
Case Status: review granted/brief due
Issues: Petition for review after the Court of Appeal vacated in part and otherwise affirmed an order granting a special motion to strike. This case
includes the following issues: (1) Does the Communications Decency Act (47
U.S.C. ? 230) confer absolute immunity on an Internet "provider" or "user"
who republishes statements made by third parties, or can liability still be
imposed under traditional common law principles where the provider or user
knows or has reason to know of the defamatory character of a statement it
republished on the Internet? (2) What is the meaning of the term "user"
under the Act? (3) For purposes of the issue presented by this case, does it
matter whether the "user" engaged in active or passive conduct?
Under Federal Law, Rosenthal is Immune from Civil Liability
for Republishing Tim Bolen’s Article.
Immunity for users like Rosenthal is consistent with
Section 230’s purpose of encouraging free speech.
The Individual’s Interest in Reputation Can Still Be Addressed
and Protected on the Internet
Polevoy continues to argue that Section 230 violates his constitutional interests or rights. All of these ways of stating the argument ultimately reduce to an attempt to hold
Rosenthal responsible for Bolen’s content.In making these arguments, Polevoy simply seeks to impose old legal rules upon an entirely new medium—rules that were expressly rejected by Congress because they conflict with the policy choice to forbear from regulating the Internet.
One of the Internet’s unique attributes is that all sides of an argument have equal access to the same audience, perhaps even in the same forum. A person who believes that he or she has been defamed has an immediate opportunity to correct inaccurate information or to counter unfounded
accusations. Indeed, the stringent “actual malice” standard for public figure
defamation is partly based on the reasoning that public figures
usually have “effective opportunities for rebuttal.”
[The fact that Rosenthal continued to post hundreds of posts over the last few years that made reference to Dr. Polevoy was not mentioned by the defense.]
Petition for review - filed by the Ilena Rosenthal's attorneys in California while she hides down in Costa Rica.
Summary of cases accepted by the Supreme Court of California - filed April 12, 2004
#04-30 Barrett v. Rosenthal, S122953. (A096451; 114 Cal.App.4th 1379; Alameda County Superior Court; 833021-5.) Petition for review after the Court of Appeal vacated in part and otherwise affirmed an order granting a special motion to strike. This case includes the following issues: (1) Does the Communications Decency Act (47 U.S.C. § 230) confer absolute immunity on an Internet “provider” or “user” who republishes statements made by third parties, or can liability still be imposed under traditional common law principles where the provider or user knows or has reason to know of the defamatory character of a statement it republished on the Internet? (2) What is the meaning of the term “user” under the Act? (3) For purposes of the issue presented by this case, does it matter whether the “user” engaged in active or passive conduct?
A state appellate court in San Francisco has sent shock waves through cyberspace by ruling that in some instances, Internet service providers like America Online and Yahoo can be held legally responsible for an online smear by someone using their service. The case could even wind up in the U.S. Supreme Court. If an ISP knew, or had reason to know, that the message was libelous, and failed to halt its publication, it should be held responsible for its contents, just like a bookstore or library that continues distributing a book after a libel notice. Supporters of the ruling said the current system -- shielding ISPs from liability while denying redress to victims -- is both unfair and a misinterpretation of the 1996 federal Internet law. The plaintiffs, physicians who have campaigned against alleged health care quackery, say they were libeled by hundreds of messages that Ilena Rosenthal. One message allegedly accused one doctor, Terry Polevoy, of stalking a radio announcer in Canada, where Polevoy lives. Polevoy said he told Rosenthal the message was false and demanded its withdrawal.
All Google Group's posts made by Ilena Rose
(aka Ilena Rosenthal) - 50,700 made since she started posting until
September 6, 2006. Yes, that's right, she started posting to Usenet 0n Sep 12, 1995. That means that she has averaged 4700 messages each year, or about 130 per day, or 5.4 per hour, assuming that she sleeps.
Hulda is hiding out in Mexico
She's still afraid to face the music in California. We don't understand why Tim Bolen's web site still fails to admit the truth. Her non-existant and verifiable research using the Zapper and the Syncrometer is such a pathetic excuse for science. She now advises her clients to cooperate with the Federal investigators. So, how many of her patients are still alive. Her position is moot, if she doesn't have a single living former patient to talk to. So, she doesn't publish, she doesn't tell us who her patients are, so how does the Federal government know who they are? Hmmmm
Hulda Clark 's programs and associates Zapped by the FTC
January 27, 2003 -
Swiss Company Charged by FTC with Making Unsubstantiated Health Claims - The Federal Trade Commission has charged a Switzerland-based company and its U.S. counterpart with making numerous unsubstantiated efficacy claims for a variety of dietary supplements and devices that they sell on the Internet. In its complaint filed in federal court, the Commission alleges that the defendants advertise that their products and programs can cure advanced and terminal cancers, AIDS, and other serious diseases.
The products at issue are:
the "Zapper," (sold as the "Super-Zapper Deluxe") a device that purportedly kills disease causing parasites in the body with electricity;
the "Syncrometer," a device that purportedly can diagnose diseases;
"Dr. Clark's New 21 Day Program for Advanced Cancers," a regimen that includes dietary supplements. It purportedly cures advanced cases of cancer, and, when used with the "Super-Zapper Deluxe," renders surgery and chemotherapy unnecesssary;
the "Complete Herbal Parasite Program" - also called the Herbal Parasite Cleanse.
Penni Crabtree reports from San Diego Jan. 29, 2003
The companies promote and sell devices and herbal products developed by Hulda Clark, a San Diego woman who operates out of a Tijuana alternative medicine clinic. Clark and her son, Geoff, also separately own businesses in Chula Vista and San Ysidro that cater to patients who buy Hulda Clark's books and inventions that she claims can diagnose and cure most diseases. Neither of the Clarks are named in the FTC lawsuit.
Clark's books still on sale at Amazon.com despite FTC charges in Ohio. Why wouldn't the FTC go after Amazon? Hmmm. Now that's a good question. If the Federal Trade Commission had any balls at all, they'd sue Amazon.com. Why go after a tiny little vendor who runs a web site out of Ohio district, when they could just shut down Amazon for a few more dollars? I hope that those of you who have Amazon in your country would be so kind as to tell what the status is there.
SLAPP lawsuit against us was withdrawn by Carlos F. NegreteWhy did Carlos drop the suit? Was it because one of the people that he represented damaged his case by continuing to post on the internet, adding to the tens of thousands of articles already posted. Did one of the original defendents ignore Negrete's advice? And why did Negrete ask that it be withdrawn without prejudice? Our lawsuit will proceed in California against them.
And in an amazingly stupid move that is destined to inflame Nicholas Regush, one of North America's most influencial medical writers, Tim Bolen placed a link to a recent REDFLAGWEEKLY.COM column at the top of his new web site in June, 2002.
The 95 percent promise? - Penni Crabtree and Sandra Dibble
- San Diego Union-Tribune - February 24, 2002
Complaints trail entrepreneur, who claims remarkable cure rate Hulda Clark, who lacks a medical degree, claims her methods result in a 95 percent cure rate for serious diseases. “It only takes days to be cured of cancer regardless of the type you have,” according to one of her books, “The Cure for All Cancers.”
Penni Crabtree and Sandra Dibble set their sites on Hulda's multi-million dollar operations on both sides of the border. Families sell their homes to pay this woman and her followers for bogus treatments. Why doesn't the U.S. government and the Mexican government shut her down? Why are her zappers made and sold from Canada?
Hulda's Hawkers slugged by FTCWhy did the FTC let these people get off without paying a dime? Why didn't they order them to divulge who they sold their zappers and herbs to? Why don't they go after Hulda Clark and her band of misfit quacks?
In early November 2000, Dr. Stephen Barrett, Attorney Christopher Grell, and Dr. Terry Polevoy filed suit in California against Hulda Clark, the Bolens, Jurimed, David Amrein, the Dr. Clark Association, and others who have spread or conspired to spread defamatory messages.
Tim and Jan Bolen do business as Jurimed, an entity whose stated purpose is to assist "alternative"health practitioners faced with regulatory action, criminal prosecution, or other matters that threatentheir financial well-being and/or license to practice. Various Internet postings indicate that in September1999, Hulda Clark's son Geoffrey hired them to assist Clark with her Indiana case.
In November 1999, the Bolens began their campaign to distribute false and defamatory statements to the effect that:
Terry Polevoy, M.D., of HealthWatcher.net was dishonest, closed-minded, emotionally disturbed, professionally incompetent, unethical, a quack, a fanatic, a Nazi, a hired gun for vested interests, and engaged in criminal activity (conspiracy, stalking of females, and other unspecified acts) and has made anti-Semitic remarks.
Stephen Barrett, M.D., who operates Quackwatch.com, is arrogant, bizarre, closed-minded, emotionally disturbed, professionally incompetent, intellectually dishonest, a dishonest journalist, sleazy, unethical, a quack, a thug, a bully, a Nazi, a hired gun for vested interests, the leader of a subversive organization, and engaged in criminal activity (conspiracy, extortion, filing a false police report, and other unspecified acts).
Attorney Christopher Grell (who represents Esther and Jose Figueroa in a suit against Hulda Clark) is professionally incompetent and has filed a false report with the FBI.
Many of the messages were republished (sometimes with embellishment) on Web sites, in news grouppostings, and in other e-mail messages -- by other Clark allies and supporters.
In October 2000, Dr.Barrett filed suit in local court against Joseph Mercola, M.D., of Shaumberg, Illinois.
He looks like he's about 6'0" or maybe 6'1", and looks to be about 57 years old with an Orange County California tan.
Hulda Clark , this man stuck his nose in the dozen or so roses that the organizers gave her, and then hugged her. He then sat at her booth in the main exhibition hall to help answer the myriad of questions from the thousands of people who filled the hall. There were no armed guards, or Mounties seen at any time at the event.
Tim Bolen on the Holistic Health Hour - WNJC - 1360 - February 14, 2000 - Tim was fresh on the case of Hulda Clark. She was waiting for her trial in Indiana. If you want to hear the story first hand of how Tim Bolen called up the family, and how he learned all there was to know about zappers and syncrometers and how to handle protection for his Dr. Clark, this is the place.
Tim Bolen, who thinks that there is a Nazi behind every doctor or drug company doesn't like criticism of his dominatrix godmother Hulda.
In May, 2000, Bolen submitted a piece to a Hulda Clark support group and said that I was an anti-semite. He also stated that Len Horowitz, had filed a complaint with the FBI about my remarks about him.
Well, let's set the record straight, Len Horowitz is a Messianic Jewish Christian fundamentalist who lives on a rural northern Idaho lake with his family, not far from Ruby Ridge. He believes that there is a conspiracy by remnants of the Third Reich and the world's politicians and pharmaceutical manufacturers to depopulate the world with vaccines.
Len believes there is a vast underground city beneath the Denver airport that is the hub of an international group that is in control of the world. He links them with a long list of historical figures, including George Bush's father, friends of Bill Clinton, the Rockefellers, the Queen of England, and a turkey farmer from Arkansas....really.
Horowitz, married to a Canadian, travels back and forth across the border at will, carrying his products and books and speaks whenever he wants.
What Horowitz does is his business unless he lies to the public about doctors, or vaccine makers. If he wants to try to convince you that we have the power to communicate with God through your own DNA, that he feels acts as an antenna to the heavenly kingdom. Mind you, the signal works better if you buy his special crystals that you mix with special filtered water.
On Saturday, May 20, 2000, he was again interviewed by Christine McPhee on her radio show for about 10 minutes. He ranted and raved about electromagnetically controlled signals that come from God, and emanate from your own DNA.Len Horowitz is about as credible a force in the anti-vaccine community as Uri Geller is in the spoon bending and alternative medicine community. If we were put on earth by a rational higher being to believe this crap, then I would assume that we can do anything we want. Except you can't tell people that what you say is the truth without having the evidence.
As far as Tim Bolen's rant that I am anti-semitic, I am Jewish, and the remnants of my family was wiped out, along with 5,000 others in the tiny Ukrainian village of Talnoye in World War II at the point of a gun.
First of all, Tim Bolen says that I run the Canadian Quackwatch web site. There is no such web site.
Secondly, he says that I apparently "stalked" Christine McPhee, a supporter of both Len Horowitz and Hulda Clark. What does that mean, exactly? When Christine McPhee interviewed Horowitz in Toronto while she broadcast live at the Total Health Expo 1999, it was basically planned.
McPhee's A Touch of Health production company works on the premise that they get make a profit. Her shows, for the most part, are nothing more than a bunch of infomercials most of the time. There is little or no factual information, it is for the most part a big commercial enterprise in support of health food stores, manufacturers of quack herbal products, vitamins, and supports all sorts of alternative medical and health charlatans.
When she was at her peek, you could listen to her live all over the world. One of the stations that carried her programs was TALK640 in Toronto. She broadcast on Saturdays at 2:00 p.m. to 4:00 p.m. Eastern time zone in Canada. Some Canadian stations also carried it, and rebroadcast it on Sunday.
What exactly does Tim Bolen mean by "actions against McPhee"? He is lying, plain and simply lying about the entire situation. He lied about Hulda Clark's research on a recent McPhee show that was broadcast on the internet around the world. Anyone can listen and record any of her shows on the internet. If someone in Australia tuned their RealAudio Player into the show, would they be stalking them, too?
Finally, Tim Bolen and his Consumer Health Organization goons in Toronto surrounded me in a lecture hall in Toronto and prevented my associate from joining me in a discussion with Len Horowitz. We made no attempt to disrupt the meeting, or to interact in any way with Hulda Clark. If her disjointed and irrational presentation was hailed as a miracle cure by those who attended the lecture, then I assume that they are as crazy as she is.
What Len Horowitz and Hulda Clark need to hear is that their ideas are not supported by science. Their ideas debase medicine, their products defraud the public, and their hate campaign against myself and other scientists, doctors, and the public is grounds for legal action.
Tim Bolen thinks that he can put one over on Tony Brown, Texaco, and PBS. Well, it's party time Tim. Let's see what the public has to say when we get through with Hulda Clark Team One. Bit by bit, claim by claim, the ideas broadcast by Hulda Clark and her friends will be exposed for what they are, quackery and fraud.
I suggest that Tim Bolen stock up on black walnut products for he might need them to clean out his system once and for all. But then again, he can just cross the border into Tijuana and live the rest of his life behind the protection of the corrupt officials in Mexico. There are plenty of nutty supporters on hand, I am sure if he tires of Hulda's zapper for thrills, he can always find work with Michael Culbert's John Birch Society member and his hospital crew. I hear that they need someone to demonstrate how to disimpact that next John Wayne look-a-like who comes down there to be cured of their cancer.
Or, perhaps Bolen can bring in another Tyrell Dueck into their quack cancer scam operation to get even more publicity at the next Total Quack Expo in Toronto.
New Century Press publishes Neo-Nazi book
Why would Hulda Clark's publisher be involved in an English translation of a German book that some feel is nothing more than anti-Semitic propaganda? And, NCP sells it for 50% off, too.
ADOLF HITLER - FOUNDER OF
ISRAEL ISRAEL IN WAR - WITH JEWS.
MODJESKIS' SOCIETY
P.O.Box 193
San Diego, CA 92038
Hennecke Kardel, the author, wrote that the greatest
conflict in the history of HUMANKIND was the Israeli-Jewish interference
into affairs of European nations.
A book review from the Amazon.com web site:
A reader from Oakland, CA United States A total piece of fiction from beginning to end. Any and every "story" is put together to try and build some case that the Nazi leadership had "Jewish ancestry"--therefore, the Holocaust was an act of Jewish self-hatred. It is so laughable that respectable historians don't even review it. It is another piece of anti-Semitic propaganda masquerading as history. You don't like history? Make up your own! The sad thing is that some people, perhaps well intentioned, will see a book like this on a web site and think: "well, somebody reviews such stuff before it is sold." Well, that is not the case. Anyone can make up anything they want and get it published. The slightly clever falsiers of history, like this guy, invent sources--take things of context--play fast and loose with the truth---but give it a gloss that looks like what real historians do. It's not history. Just like a "scientific looking" argument that the earth is flat is not science.
Wilson made so many "discoveries" he felt compelled to write this book to tell people diagnosed with cancer and the general public why the war against cancer has been lost, what options to conventional treatment are available, how cancer is caused and how it can be prevented. The biggest revelation in the book is that the cause of cancer has been known for a long time, but the evidence has been ignored by the conventional medical community."
Lawrence Broxmeyer, MD - had two books published by NCP. Is he the same Lawrence Broxmeyer, MD who had his license revoked in New York State? Why would NCP indicate that Lawrence Broxmeyer is doing research in Ohio? Is it because he can't practice medicine anywhere?
NYS - Professional Misconduct and Discipline - The physician admitted that he had been convicted of Grand Larceny in the Third Degree .The N.Y.S.Board of Regents on May 17, 2000 denied the physician's petition for the restoration of his N.Y.S. medical license. There are two large Adobe .pdf files that you may want to download that details much more.
Medical license never renewed in Ohio - He was born in New York City in 1941, the same year as the Lawrence Broxmeyer from New York. and went to medical school in Manila. His original license was issued in January 1983 and has had no license to practice medicine in Ohio since Dec 31, 1984.
Online Licensee Directories
Information concerning the regulation of medicine and surgery
This data is current as of March 2, 2004
Your search for Physician with the name broxmeyer generated 1 match Name: BROXMEYER, LAWRENCE
Address: BAYSIDE, NY 11360-1138
License Number: 25MA03986700
License Status: Suspended
Expiration Date: 30-JUN-97
Pending/Final Action Yes
Inquiries or complaints about licensees may be forwarded to Mr. William Roeder; Executive Director, State Board of Medical Examiners, PO Box 183, Trenton, NJ 08625-0183, (609) 826-7100
Pharmacist with same name had his license suspended in 1996 in the State of New York for a conviction of Grand Larceny in the Third Degree. I think that unless Broxmeyer had a pharmacist's license, too, that this must be a mistake in their records.
Hulda Clark's arrest and trial
New judge needed for Clark trial - Dec 15, 1999 Brown County court officials have found a prosecutor for the trial of Hulda Clark, who was charged in 1993 with practicing medicine without a license. Now all they need is a judge.
Hulda is not swayed by charges against her - Oct. 13, 1999 Hulda Clark says that she will not let any charges against her for practicing medicine without a license sway her from her research to find the cause of cancer and other diseases, and to publish her findings. Comments in this article from Dr. Stephen Barrett.
Hulda Clark said Wednesday she was surprised and disappointed to be returned to Indiana to face six-year-old charges of practicing medicine without a license. "My reaction has been disbelief," she said by phone from a friend's house in Bloomington. "I had always interpreted that what I was doing was entirely legal."
Hulda has political supporter in high places in Indiana - October 5, 1999 - Hoosier TimesOne, Indiana House Majority Leader Mark Kruzan, speaking as a private citizen, said he sought treatment from Clark in the early 1980s. "While I am not familiar with the details of the case or claims against Hulda Clark, I can speak with firsthand knowledge of her professionalism and effectiveness," Kruzan said. "I was suffering from food allergies, and the problem was greatly alleviated by Hulda's help."
According to court paperwork, charges of unlawful practice of medicine in Indiana constitute "not being duly licensed, did, unlawfully practice medicine by:
(1) holding herself out to the public as being engaged in :
(A) the diagnosis, treatment, correction, or prevention of diseases and ailments of human beings; (B) the suggestion, recommendation or prescription or administration of a form of treatment; (C) the prevention of any physical, mental, or functional ailment or defect of any person."
Hulda Clark charged with practicing medicine illegally October 4, 1999 - Herald-Times story by Stephanie HolmesA hearing is scheduled today in California to extradite a former Brown County resident back to Indiana on charges of illegally practicing medicine. Hulda Clark, 70, was arrested Sept. 20 in San Diego on charges of practicing medicine without a license, a Class C felony. Clark claims she can cure diseases including cancer and AIDS with unconventional treatments, which she has been administering at a clinic in Tijuana, Mexico. This case goes back to 1993 when Hulda lived in Nashville, Indiana when she started to treat people with AIDS. She fled suddenly when the State investigators were on to her?
Clark supporters: are they in it for the money?
Mike Browne - one of Hulda's quacks hawks phone cancer cure in the Ireland - It Costs E20,000 ... and Involves Doc Giving Naked
MEET Mike Browne, he's totally unqualified as a doctor but he claims he can cure any type of cancer in 21 days in the privacy of your own home. His treatment is based on a highly controversial cancer treatment invented by US doc Hulda Clark. It treats patients by sending a nine-volt current through their wrists after a course of herbal remedies that flush out what he described as "parasites" that cause cancer.
The sick side of cancer treatment - Anne-Marie Sapsted on bogus therapies. BBC and Evening Telegraph sting Clark practitioner in U.K.
Dr E. O'Dell Woods - He's so cured, he's making money from itDr. Hulda Regehr Clark says, "Give me three weeks and your Oncologist will cancel your surgery." Learn how to identifyand remove what causes your cancer. Your body will do the rest. No conflict with any clinical treatment. Her book, TheCure For All Cancers, --uses herbs to kill the parasites that, she says, causes all cancers. Curing cancer with herbs isCHEAP and easy --believe it or not. Just kill the parasites.
ONE LIFE USA offers a PARASITE CLEANSE KIT of herbs prepared for use with Dr. Clarks treatment. The Kit andNew Revised Edition of Dr. Clark's book is $31.75 plus shipping and handling.
State regulation of medical quackery
Unconventional Cancer Treatments - medical doctors and those who practice medicine without a license - Office of Technology Assessment: 1990
The practice of medicine without a license is prohibited, whether the physician is treating the patient in person or from a distant location.
Indiana has also amended its definition of medical practice to encompass provision of "diagnostic or treatment services" through electronic means "on a regular, routine, and non-episodic basis" or "under an oral or writtenagreement to regularly provide medical services." The legislation specifies that nonresident physicians are not practicing medicine in Indiana by providing "a second opinion" to an Indiana-licensed physician or by providing"diagnostic or treatment services to a patient in Indiana following medical care originally provided to the patient outside of Indiana." However, the statutory language excepting out-of-state physicians in "consultation" with anIndiana physician was not altered. (Isn't it odd then that a non-medical doctor like Hulda Clark has the balls to treat patients in or from Indiana without any credentials)
Licensure Barriers to the Interstate Use of TelemedicineA radiologist in Chicago is asked to interpret an MRI image transmitted from a small, rural Indiana hospital. A dermatologist in New York City who specializes in rare skin conditions is asked to review images of a patient's skin condition from an outpatient clinic in California. A psychiatrist in Atlanta talks by telephone with a patient who recently moved to North Carolina but has not found a therapist with whom she is comfortable. Are these physicians lawfully practicing medicine?
Indiana Code Ann. section 25-22.5-1-2(a)(4) - this statute exempts out-of-state doctors from consulting, but not out-of-their-minds quacks like Hulda Clark.
