Day Two: The Proper Way to Treat a Quackbuster...
Opinion by Consumer Advocate Tim Bolen
July 17th, 2003
Madison, Wisconsin - At the end of "Day One" of the trial (cross-examination) of top "quackbuster" Robert S. Baratz MD, DDS, PhD, the Judge called in the attorneys for a short meeting. In essence he said "Enough is enough. This has gone on too long. There's no reason to go on with this farce. I want the defense to wrap up their cross-examination by 11:00am, the prosecutor to finish re-direct by 12:00 noon, and after lunch we're going to settle this case."
The quackbuster's last assault, the attack against Green Bay Physician Eleazar Kadile MD, their last attempt at glory, has been stopped DEAD in it's tracks. All that's left is the settlement agreement, and the punishment that's going to be exacted on the perpetrators.
Today, for "Day Three," the Judge has asked the Defense team to present an offer to settle the case. The beginnings of an offer will be presented. The final offer will take a little longer, because of the sheer volume of people that need to be consulted across the United States. The Kadile case has attracted the interest, and the funding, of consumer groups, leading-edge health care groups, legislators, news media, and citizens world-wide. The decision was made to take the case to the end - no compromise. Win.
And, the quackbusters weren't up for that.
Basement based Stephen Barrett, a failed MD who operates "quackwatch.com," had sent his best soldier, Bobbie Baratz, to Wisconsin to do battle. Wisconsinites, and indeed all of the world, have had the pleasure of watching Bobbie get chewed up, and spit out.
The Wisconsin Department of Regulation & Licensing (DORL) hearing room, during the first day, was jam packed. And, it wasn't just angry citizens. Top management from DORL was there. An Assemblyman was there. Aides to Senators and Assemblymen were there. The Press was there...
The Defense legal team, made up of Frank Recker and Cynthia Hubbard of Florida, and Ray Roeder of Wisconsin, was superb. The prosecutor, Arthur Thexton, was a blithering, smirking, village idiot - one who has finally realized that his position with the State of Wisconsin, is now in question.
Why is Arthur Thexton threatened? Simple. Because it has finally dawned on upper management at DORL that Thexton has, and will have, by my calculations, paid Baratz "expert witness" fees in an amount equal to a total of ALL other "expert witness" fees paid, in ALL other DORL actions in ALL licensing classifications, for a period of about three years.
Good job, Arty...
Thexton, it appears, has expended $100,000 dollars of Wisconsin State funds on Baratz to date - and the trial is FAR from over. Baratz has only, just now, been cross-examined on his CREDIBILITY. The Defense has enough material to cross-examine Baratz on his "medical/scientific testimony - and so-called expertise" for FIFTEEN full days - and intends to do exactly that. Top experts from around the United States have been examining Baratz's statements in this case line-by-line.
Unlike Baratz, those examining his statements, have REAL University affiliations, REALLY are Board Certified as experts by their peers, and REALLY have been published in peer reviewed journals on relevant issues.
And then, we begin the Defense portion of the case. The we press for a legislative investigation of the Baratz/Thexton relationship. Then we present to the Medical Board itself. Then we sue Baratz and Thexton, etc. The fun has just begun.
The negotiations for settlement begin today...
Tim Bolen - Consumer Advocate