Quacks sue the Dept of Health & Human Services

Locked
BWV 1080
Posts: 4451
Joined: Sun Apr 24, 2005 10:05 pm

Quacks sue the Dept of Health & Human Services

Post by BWV 1080 » Sat Jun 10, 2006 9:54 pm

The father & son Grier team (the one that advocates chemical castration of autistic kids that I posted about a few months back) is suing the Dept of Health & Human Services for defamation:

http://www.neurodiversity.com/court/gei ... index.html

It got dismissed without prejudice, but its troubling that junk science practitioners can potentially use the courts to try to intimidate critics into silence:

http://autismnaturalvariation.blogspot. ... utism.html
What if researchers decided to use defamation lawsuits instead or in addition to rebuttals in order to deal with scientific criticism? Clearly, this would be anti-scientific in principle, and scientific criticism is speech that should have the utmost protection under the law. Such lawsuits would not have the slightest chance of being won either way. But what might their impact be on autism advocates, and on scientific criticism in general?

This is not just a theoretical question. Enter Geier et al v. Department of Health and Human Services (DHHS). [Thanks to Kathleen for finding and posting this information, which I should note is part of the public record.]

Geier & Geier's complaint against DHHS cited "(1) defamation, (2) interference with contract, (3) interference with prospective business advantage, (4) review of adverse agency action, and (5) interference with and deprivation of Constitutional rights arising from publication by Defendants of article falsely accusing Plaintiffs of fabricating scientific data."

The paper in question is "Thimerosal-Containing Vaccines and Autistic Spectrum Disorder: A Critical Review of Published Original Data" (Pediatrics, 2004) by Parker et al. The "accusations" claimed to exist in the paper can be found in the following paragraph:


Substantial questions regarding the accuracy of the denominator data for the incidence calculation also exist. The denominator requires the total number of children in the United States who received thimerosal-containing DTaP (exposed) and the total number who received thimerosal-free DTaP (unexposed). The authors indicated the source of these data as the "Biological Surveillance Summaries of the CDC." However, CDC reports only aggregate doses distributed for DTaP and other vaccines and provides no manufacturer-specific data. It is unclear how the authors estimated manufacturer-specific data because, on the basis of agreements with manufacturers, CDC does not release these data. No source is cited in the publication. The authors provided no details on how total DTaP doses distributed were translated into number of children vaccinated with specific thimerosal-containing or thimerosal-free vaccines, which is particularly problematic for a vaccine administered in a 5-dose schedule over a 4- to 5-year period.

In other words, saying that "it is unclear" how authors obtained data was construed as a defamatory accusation. It should be noted that the Geiers had explained how they obtained the data, and Parker et al published a retraction of the statement in question. Geier & Geier, nevertheless, saw it necessary to bring about this lawsuit in spite of the retraction.

This paper is one that has been repeatedly used to refute Geier & Geier in court proceedings. Clearly, this paper must have been hurting them financially

...

The case was initially dismissed with prejudice following a motion from the American Academy of Pediatrics, and "no opposition having been timely filed by the plaintiffs." Geier & Geier subsequently filed a motion to dismiss without prejudice after "being unable to find qualified counsel to represent them in this matter." DHHS opposed the motion stating that the "case borders on the frivolous" but this opposing motion was later stricken from the record. In the end, the judge granted the order to dismiss without prejudice.

Without much legal expertise, it's not hard to see that a case like this would be very difficult to win. Is it likely that Geier & Geier expected to win this case? If not, why bring it about?

Upon learning about this case, autism advocates might react with caution, and might consider toning down criticism of Geier & Geier and other researchers. This would be an unfortunate outcome, as it would play into the hands of those who would rather keep us quiet. Prior advocacy movements have had to deal with much worse than silly lawsuits, and these movements did not retreat in the least bit. We need to continue pursuing these matters, now more than ever. Of course, there is no need to expose ourselves unnecessarily. Protect yourselves as best you can. And most of all, we need to back each other up when bad things do happen.

Ralph
Dittersdorf Specialist & CMG NY Host
Posts: 20996
Joined: Fri Mar 25, 2005 6:54 am
Location: Paradise on Earth, New York, NY

Post by Ralph » Sun Jun 11, 2006 7:07 am

Frivolous lawsuits should be met with motions for attorneys fees and sanctions by successful defendants. They are available.
Image

"Only two things are infinite, the universe and human stupidity, and I'm not sure about the former."

Albert Einstein

Corlyss_D
Site Administrator
Posts: 27663
Joined: Fri Mar 25, 2005 2:25 am
Location: The Great State of Utah
Contact:

Post by Corlyss_D » Sun Jun 11, 2006 1:55 pm

Ralph wrote:Frivolous lawsuits should be met with motions for attorneys fees and sanctions by successful defendants. They are available.

But hardly ever employed by either the bar or the bench.
Corlyss
Contessa d'EM, a carbon-based life form

Ralph
Dittersdorf Specialist & CMG NY Host
Posts: 20996
Joined: Fri Mar 25, 2005 6:54 am
Location: Paradise on Earth, New York, NY

Post by Ralph » Sun Jun 11, 2006 8:41 pm

Corlyss_D wrote:
Ralph wrote:Frivolous lawsuits should be met with motions for attorneys fees and sanctions by successful defendants. They are available.

But hardly ever employed by either the bar or the bench.
*****

I've brought successful FRCP Rule 11 motions and their state equivalent.
Image

"Only two things are infinite, the universe and human stupidity, and I'm not sure about the former."

Albert Einstein

Locked

Who is online

Users browsing this forum: No registered users and 28 guests