Wisconsin:  The Quackbuster’s “Waterloo?…”


Opinion by Consumer Advocate Tim Bolen


January 25th, 2004



Just a few years ago, in Wisconsin, leading-edge health practitioners were at risk offering effective alternatives to the deadly drugs/surgery paradigm.  The “quackbusters” ruled State health care with an iron hand.  Anyone who dared offer real solutions to suffering patients, and caught the attention of Wisconsin’s anti-health minions, paid a heavy price.


In the world-wide war between “health” and “medicine,” Wisconsin’s throat was most definitely under the heel of jack-booted “medicine” minions. But not any more...


The State v. Eleazar Kadile MD chelation case woke up local health activists, and was the focal point for the breaking of the quackbuster’s power within the State of Wisconsin.  For it was that case that put the quackbusters themselves on trial – and they didn’t survive the experience.


The “War in Wisconsin,” as it was dubbed by North American Health Freedom Fighters, battered the quackbuster operation nationwide, by pointing out the truth about quackbusterism.  The current president of the once powerful National Council Against Health Fraud (NCAHF), one Robert S. Baratz MD, DDS, PhD, was dispatched by quackwatch.com’s Stephen Barrett to lead the assault against Kadile, and the State’s other chelation doctors.  An all-out attack against chelation therapies, laboratories, supplements, etc. was wrapped into the Kadile case – hoping to create a “precedent” case to be used against the thousands of MDs and DOs who have embraced “Alternatives” to the deadly drugs/surgery “medicine” offering.


NCAHF president Baratz was the perfect person to send out, representing the quackbusters, in a conflict. For, he truly represents the EPITOME of quackbusterism.  Fronted by a fake resume, Baratz showed up in Wisconsin and proceeded in typical wild-eyed quackbuster fashion to declare that chelation, and other alternatives, were murder, etc.  He spewed his venom around the State for months, making declarations, or giving opinions on health care practices, to the tune of about $70,000 of Wisconsin’s money.


We let him do it…


Why’d we let him do it?  Simple.  Baratz, and ALL of the so-called quackbuster leadership (the ones you see in public), are their own worst enemies.  Baratz, Barrett, Polevoy, Sampson, etc., when their leash is taken off, will foam-at-the-mouth publicly.  Get them out of the controlled situation where the New York ad agency controls what they say in public, and they’ll perform just the way WE, in the Health Freedom Movement, want them to – badly.


Bobbie Baratz, with our prodding, sank himself in Wisconsin, and sank the remnants of the quackbuster scam with him. After months of screeching health proclamations, both verbally and in writing, Baratz had to face the day of reckoning – he had to face cross-examination.  And that cross-examination was divided into two parts – cross-examination on Baratz’s “credibility,” and on his “medical” expertise.  


Baratz never made it through the first session, and the details of his humiliation are on a website for all to read.  The State of Wisconsin, in negotiation, withdrew ALL claims against Eleazar Kadile that were derived from Baratz’s wild-eyed offerings, and settled the case to Dr. Kadile’s satisfaction – with one exception – the costs.


Kadile’s legal team has filed a motion to recover his legal costs for this action from the Department of Regulation & Licensing (DRL) Division of Enforcement, and a hearing will be held on January 30th, 2004 in Madison.  Members of the Wisconsin Health Freedom Movement, representatives from Legislators, the media, etc., will be in attendance.  The suggestion has already been made that DRL join with Kadile in pursuing recovery of the costs from Baratz, Barrett, etc.  DRL has not yet decided to pursue that avenue.


But DRL is acting positively in other ways…


Arthur Thexton, the DRL Prosecutor who brought in Baratz, on Barrett’s suggestion, originally, had threatened Elaezar Kadile’s wife Genia with prosecution for being a Nutritionist, if Eleazar refused to sign a “stipulation” effectively ruining his practice and giving Thexton/Baratz the “precedent” case they wanted to use against other State of Wisconsin practitioners.  When Kadile refused the stipulation, Thexton carried out his threat, but was later stymied by AL Judge William Black, in a scathing legal decision.


Thexton, during the Kadile case, was able to determine that Robert Waters MD, of Wisconsin Dells, was playing a major role in the Kadile case, assisting with Defense strategies, witnesses, and reviewing Baratz’s wild-eyed health claims.  Thexton attempted to file charges against Waters, and “subpoenaed” Waters to come and be “interrogated” by himself and Baratz.  Waters, in response, pointed out to Thexton that the United States Supreme Court, in its wisdom, had laid out specific rules for “ by who,” and “under what circumstances,” a subpoena could be issued, and “if Thexton could meet that criteria, he would be glad to cooperate. And, if he could NOT meet those criteria, than he could be personally sued…”  Thexton ran for cover.  Last week, Thexton was REMOVED by DRL from having anything to do with Waters.


Then, just this week, Thexton attempted to appeal Judge Black’s decision about Genia Kadile...  Thexton submitted a “whiney” document basically re-hashing his original argument.  An hour-and-a-half later, Thexton sent a message indicating that his Department had ordered him to withdraw the appeal.  Thexton slunk off with his tail between his legs.


DRL is in a quandary about what to do about Thexton.  In another case in Wisconsin involving a “conventional” practitioner, Pain Management Specialist Stuart Suster MD, Thexton brought a Federal court lawsuit on himself, and the department, for his handling of the Suster case.  I’ve read Thexton’s case against Suster, and I’m beginning to wonder if Thexton got his Law degree out of a Cracker Jack box.


But DRL hasn’t yet curtailed Polewski…


James Polewski, the DRL Prosecutor who openly bragged about his membership in the NCAHF, and also bragged that he had no supervision at DRL, has his own set of problems.  He’s had SIX cases against leading-edge health professionals overturned recently.  Some overturned within his own department, some by Administrative Law Judges, and some by the courts.  One MD, three Dentists, a Chiropractor, and an RN, have all beaten Polewski who still, appears to be carrying out his mission, unthwarted by DRL, on behalf of the quackbusters.  Polewski has this past week, filed charges against a SEVENTH leading-edge practitioner, this time another Dentist, using the quackbuster’s crackpot theory of health care.


Although DRL seems to be moving in the right direction, they aren’t moving fast enough for Wisconsites.  The decision has been made, after the seventh Polewski filing, to pursue DRL’s out-of-control prosecutions through the original plan – lawsuits, Legislative investigation, legislation, media, and direct approaches to the individual licensing boards.  Health Freedom activists tried, originally, to bring issues in front of the Wisconsin Medical Board, but were prevented from doing so by simple non-response from DRL.  That won’t happen a second time for activists now will use the “Writ of Mandamus” approach, getting a District court Judge to ORDER the licensing boards to listen, whether they like it or not.


I’ll be meeting with Wisconsin practitioners, media, activist groups, Legislators, associations, etc., all next week.  My recommendation to each is the same – ATTACK.  Nothing else works.  The issues are too important to lie back waiting for solution.


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.