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Child Abuse and Sham Peer Review...Corruption in Pennsylvania V

Introduction: If this is your first introduction of this story please read part one, part two, and part three. I will be referencing them often and you will be confused if you haven't read them.

Let's review what I have laid out. In 1986, Jim Singer was a practicing psychologist in Dubois, Pennsylvania. He treated a patient with a series of problems including alcoholism and a history of abuse. Singer suggested that the patient go through counseling with the rest of his family. During the course of that treatment, Singer began to suspect that the patient's younger 16 year old sister was being abused. When the sixteen year old was confronted, she admitted, in front of several witnesses, that she was being abused.

Singer immediately called the proper authorities as he was required to by his status as a mandated reporter. From the beginning, DCFS was more interested in protecting the abuser than the child. The child was never given an attorney and her father continued to make contact with her.

Within a year of reporting the incident, Singer began losing many of the patients and then he was accused of wrongdoing by seven separate patients all at roughly the same time. Singer had been a practicing psychologist for nearly fifteen years and never had a complaint. Now, he was facing seven different complaints all at once. Even though this should have raised all sorts of red flags, the Psychology board proceeded with charges against Singer. In fact, there was even evidence that DCFS paid off patients to turn on Singer and make false claims against him.

Within a few years, Singer was nearly out of money and eventually his license was suspended indefinitely. Singer never regained his license in Pennsylvania and only recently had it reinstated in West Virginia.

Since the beginning of his case, he reached out to nearly single politician. Most were initially helpful. Letters were written to folks like Janet Reno and Bill Clinton himself. Tom Ridge even tried to get Singer's case heard in front of the appropriate Senate Committee. In fact, politicians local, state, and national were attempting to help Singer. Most peculiar, politicians helped a lot more prior to the release of this police report (summarized here). Even though this police report confirmed everything that Singer had been saying for nearly a decade, and accused much of the Pennsylvania political apparatus of criminal wrongdoing. Despite, or maybe as a result, of this new police report, the powerful politicians of Pennsylvania began to be strangely non responsive.

As such, Singer's case continues to be unresolved. Neither the accused or anyone else involved in wrongdoing has been brought to justice. The whole entire affair has been swept under the proverbial rug. How does this happen? The accuser worked for the phone company. Did he really have enough power to orchestrate a sham that sweeps his abuse under the rug while at the same time ruining Singer's career? If it wasnt' him, who was it? Those are all questions that no one has the answer to. What is clear is that DCFS and everyone else mandated to protect children in Pennsylvania failed miserably in their jobs in this case. Mark Spotz, who went on a spree killing, was also a product of the DCFS in Pennsylvania.

Given what I have reported here, can anyone imagine the horror that Spotz likely went through when the state was supposed to be protecting him? If the state of Pennsylvania protected the abuser and attacked the reporter in this case, how many other cases are there? What is going on here?

While this case is complicated with many twists and turns, it comes down to this simple narrative. The state of Pennsylvania was supposed to protect the abused child and keep the reporter anonymous and protected. Instead, the child was given no protection. The accuser was protected, and on top of it, the state looked the other way (or worse) while the reporter was retaliated against. As such, an affair that started more than twenty years ago continues unresolved today. A career is ruined, and who knows what has happened to the life of a then sixteen year old child. On top of it, no one seems to care.

Finally, here are some other similar cases of doctors being taken advantage of in other parts of the country... stories like a doctor in South Carolina that was targeted for reporting on a serial killer nurse, a doctor in Texas targeted by Blue Cross/Blue Shield, a nurse that was targeted after he reported on illegal drug testing at his hospital, the Texas Medical Board's systematic targeting of doctors, and the tragic case of obscene corruption at Atlanta's Grady Hospital. Finally, you can check out a similar case in which a doctor in Rhode Island was also targeted after she reported on suspected child abuse.
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Child Abuse and Sham Peer Review...Corruption in Pennsylvania

If this is your first introduction to this series, here is part one and part two. I will be making references to both so hopefully you will read each of them prior to reading this. After Jim Singer lost his psychology license, he wound up reaching out to nearly every single powerful politician in Pennsylvania. Each gave him different levels of help and yet ultimately he still has never had his license re instated in Pennsylvania more than fifteen years after it was removed. Here is how each of the major politicians contributed.

Bob Casey Sr. ( Democrat, Governor of Pennsylvania 1987-1995)
Jim Singer attempted to reach the governor immediately after he took office. He wrote letters however it was his son that wound up in a chance face to face meeting with the Governor himself. Singer's son was an undergraduate at Yale at the time. Singer's son was chosen to debate on behalf of the students with Governor Casey Sr. After the debate the two spoke in private. At that meeting Singer's son told the Governor some of what happened in his dad's case. He even handed the governor documents regarding perjury at his trial among many other abuses. The Governor must have been moved because within months he received this letter. It was from James Haggerty, the Governor's personal attorney.

Whatever interest there was in this case from the Governor's office, it soon died down. Only weeks after receiving that positive letter from James Haggerty, he received this letter. This particular letter was also from Haggerty. Haggerty indicated that the matter had been investigated and was found "without merit".

What caused the sudden turnaround is something only James Haggerty can answer. His involvement with this case didn't start with these two letters and the investigation I assume he had in between. In fact, about a year and a half a meeting was arranged between himself, Christopher Lewis, the President's Secretary of Commonwealth, as well as three State Senators Dan Surra, Ted Stuban, and Sam Smith. In fact, Dan Surra actually also taught at the victim's school and had also written this letter to the Governor himself.

In other words, the same James Haggerty who should have known how badly Jim Singer was wronged was telling his son that there was nothing to the story. Now, I don't what you would call that but I call it sweeping the matter under the proverbial rug.

Rick Santorum (Republican Congressman 18th District 1991-1995, Senator Pennsylvania 1994-2006)

The extent of Rick Santorum's involvement is a few letters like this one. Singer said they were always cooperative but beyond writing a few letters they never did much. He had contact one and off with their office from the early 1990's all the way into 2001. It's ironic because the letter is paints quite a stark picture and of course the recipient of the letter was none other than Bill Clinton himself. Within the letter Santorum starts like this.

I am writing this letter on behalf of Jim Singer, a psychologist from Dubois, Pennsylvania. I would like to join my colleagues Senator Spector, Congressman Bud Shuster, Congressman Tom Ridge, and Congressman Bud Cramer who have recently expressed their concern over the handling of Dr. Singer's case by state and federal officials as a result of his mandate reporting of child abuse in 1986

Now, this letter indicates that the Clinton was informed by the top Pennsylvania politicians about Singer's case. How many politicians need to write letters before this case was looked at by someone at the Justice Department. Yet, if this is so bad that each of the major politicians of the state is complaining about it to the President himself why aren't each of them doing more. After all, it is now 2008 and Singer still hasn't received his license back. This particular letter was written in 1993 when Santorum was still a Congressman.

Tom Ridge (Republican Congressman 1983-1995 Governor Pennsylvania 1995-2001)

Singer first approached Ridge in 1993. By then, he had already started campaigning for Governor, and his main rival in the Republican primaries was Ernie Preate. Preate was then the current Attorney General of Pennsylvania. Ridge wrote a letter of his own to Janet Reno (not currently in a format to get on the internet) complaining about the case. He was very resourceful though. Even though he was in the House of Representatives, he was able to talk the Senate Health, Education, and Labor Committee to have Singer testify at one of their hearings. Now, a big spectacle would not only bring spotlight to the case, but also to Preate's failure in dealing with it. Of course, that is a cynical view and nothing about this case should make cynical, should it.

In any case, the Hearing were scheduled April 27, 1994. This just happened to coincide with Richard Nixon's death and that day was a day of mourning at the Capitol and the hearing was postponed. It has never been re scheduled in nearly fifteen years.

By the end of January 1995, Ridge was governor. He initially was also gung ho about taking on the case. He appointed Robert DeSouza to investigate. DeSouza was a high level prosecutor in the Justice Department of Pennsylvania. This appointment came in January of 2005, or immediately after he took office. By spring of 1995, his posture changed 180%. By the spring, the State Senate wanted to run its own headed by Steve MacNett. They were hoping to coordinate the investigations. Yet, when approached, the governor's office was stand offish. Neither investigation went anywhere. Ridge, who was very receptive to this story when he was still running for Governor, became quite unhelpful to Singer.

Arlen Spector (Republican U.S. Senator Pennsylvania 1981-Present)

Singer began to correspond with Senator Spector's office in the late 1980's. The office was receptive. Then, in 1993 the Senator received this letter. This letter was special because it was from another of Singer's patients and it told of another patient that was paid off by members of DCFS to make up stories about Singer. In other words, while DCFS was supposed to protect the child and the identity of the mandated reporter, they were doing the exact opposite.

Spector's office was helpful until this police report came out. Even though (or maybe as a result) it was a damning indictment of not only DCFS but the entire political apparatus, this police report only most politicians more hesitant to work with Singer. Furthermore, its author Lt. Ivan Hoover had his career go downhill soon after its completion.

Spector's office is the best example. Up until the release of this police report, they were very helpful. They wrote several letters and were instrumental in helping procure the hearing along with then Congressman Ridge. They even apparently asked that Shay Bilchik, who was being confirmed as a top prosecutor in U.S. Justice, to look into the matter during a private session of his confirmation. Once the police report came out, their attitude changed.

Just a couple months ago, Spector's Chief of Staff Scott Hoeslich, got into an argument with Singer because Hoeslich refused to say that Singer's case had anything to do with child abuse.

Bob Casey Jr. (Democrat Pennsylvania State Auditor 1997-2005 U.S. Senator Pennsylvania 2007- Present)

Singer first approached Casey Jr. in 1999 when he was Pennsylvania's State Auditor. In his role, he investigated misuse of state funds. By 1999, this sham had been going on for more than a decade. That was quite a lot of time and money spent prosecuting a frivolous and baseless case.

In the initial meeting, Casey Jr. was excited by what he heard. He was looking to help, however Singer was rather skeptical. That's because he noticed that the Auditor's General Counsel was a woman named Sally Ulrich. Singer had run into Ulrich while he was being shammed. In fact, she was the Judge for the Psychology Board during his trial. In other words, it was Ulrich herself that handed down his sentence.

Another individual with ties to this case was Peter Smith. Smith had been head of the Inspector General's office at the time that incident was first unfolding. In fact, Hoover attacked the Inspector General's Office specifically in his police report in 1997.

Furthermore, much of this happened on the watch of his father's administration. He would have certainly done a great deal of damage to his father's legacy if he investigated the matter properly. We will never know because his initial exuberance for an investigation went the way of the DeSouza investigation and the U.S. Senate hearings.

In fact, it appears that all these so called powerful politicians have given Singer the run around for nearly twenty years. Why wouldn't any step up and do what it took to re instate his license and investigate the obscene corruption at the Psychology board, DCFS, and beyond? That is a question to answer in part four.

In the meantime, here are some other stories of sham peer review like a doctor in South Carolina that was targeted for reporting on a serial killer nurse, a doctor in Texas targeted by Blue Cross/Blue Shield, a nurse that was targeted after he reported on illegal drug testing at his hospital, the Texas Medical Board's systematic targeting of doctors, and the tragic case of obscene corruption at Atlanta's Grady Hospital. Finally, you can check out a similar case in which a doctor in Rhode Island was also targeted after she reported on suspected child abuse.
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Child Abuse and Sham Peer Review...Corruption in Pennsylvania II

If you haven't already, please check out  part one. I am about to make some serious accusations against the entire state apparatus of Pennsylvania, and some of the supporting evidence is found in that part...


 
In 1986 Jim Singer was a practicing psychologist in Dubois, Pennsylvania. He maintained his own private practice and at the same time at the Maple Avenue Dubois Regional Medical Center. He treated a patient that would change his life forever and expose him to corruption at all levels of the Pennsylvania state apparatus as well as possibly the national level.

This patient was 25 years old and he had a history of being abused. He had recently moved out of his parent's home and was living with his aunt. He also had a history of alcoholism. Furthermore, he thoght might even have a sexually transmitted disease. After consulting with the patient, Singer suggested he consult with a phyiscian for a full physical examination. At Dubois, the patient was treated by Dr. Al Varacallo, a family physician. Upon examining him, Dr. Varacallo admitted to Dubois Regional Medical Certin, he and Singer decided that the proper course of action moving forward was family counseling with Singer leading the counseling and Dr. Varacallo sitting in for observation.

Once Singer had a chance to interact with the entire family, he observed a family full of dysfunction. For instance, the daughter was dressed rather provocatively especially for a fifteen year old. He noticed that as soon as the father entered the room, the two siblings went from being from being outgoing to quiet. The father admitted that not only did he have a tendency to drink too much alcohol, but would get violent when overly inebriated.

Finally, during one of the breaks, the daughter approached Singer and insisted on having a private session with Singer. Singer explained that this was improper and that if she wanted to have a private session she would need to get her school's guidance counselor to give her written permission. That happened on Thursday evening and when the family came back for the next session on Friday, the daughter had two permission slips signed by two separate guidance counselors.

Furthermore, during one of the breaks, a nurse on the floor, who also happened to be a neighbor of the family, revealed to Singer that the daughter had bags packed and was planning on running away. Furthermore, the nurse said that the daughter also drank a lot and had a tendency to date older men.

At this point, Singer suspected that the daughter was being abused. He decided to confront her brother, the 25 year old that was originally his patient. Singer suspected abuse but the brother was resistant. He refused to answer and demanded to be left alone. Finally, after being grilled for a while, the brother demanded to be left alone and verbally fired Singer as his psychologist.

At this point, Singer was stuck between the proverbial rock and hard place. He still suspected abuse. He was a mandated reporter and must report abuse even if he only suspected it, however since he was fired, he couldn't seek to treat anyone in the family. He consulted with Dr. Varacallo. They both decided that the proper course of action was for Dr. Varacallo to approach the family, and the daughter specifically, and see if she wanted to move forward with treatment.

Not only did the daughter agree, but later in the day on Saturday, her aunt, the father's sister, called Singer and offered to come in with her niece and her daughter. They all came in the next day Saturday. After meeting separately with Dr. Varacallo, the daughter, her aunt, and her cousin met together with Singer. Singer probed whether she was being abused, and she admitted that she was being abused by her father.

At this point, there was no longer any options for Singer. Medical ethics and procedures demand that he call the proper authorities in this case. That's exactly what he did and the Department of Children Services of Pennsylvania were contacted. In the meantime, Singer left the hospital to attend to another patient. The case worker, John Bennesse, didn't appear to be terribly interested in the case according to witnesses. It was a Saturday and he appeared to want to be elsewhere. That said, after interviewing several medical professionals, he removed the child and placed her in protective custody of her aunt.

There is standard procedure that is supposed to be followed moving forward in any case of abuse. Of central importance, DCFS is supposed to immediately get the child legal representation. This way all contact between the accused abuser and the victim can be handled through the third party, the attorney. This never happened, and soon the parents were showing up at her school and threatening the child. The father began threatening Singer and his daughter.

It got so bad that the daughter began contacting Singer and begging for help. She indicated that she was suicidal. Upon realizing that no attorney was ever hired for her, Singer went to legal aid and found her representation. Only months later DCFS finally got the child their own representation.

Months later, the child contacts Singer again and sends him a letter of thanks for saving her life. Singer then contacted the Pennsylvania Department of Welfare to complain about the unprofessional behavior of DCFS. Initially, DPW sent in an investigator and the investigator agreed with Singer's concerns. Months went by and nothing was done as a result of the investigation. Singer sent DPW a letter complaining that action was being stalled. DPW responded and now they said that they found nothing wrong and that it was all a "misunderstanding".

In March of 1987, the daughter called Singer again in tears. She said that she was sorry that she had gotten him into so much trouble and that her father was about to get even with him.

Singer didn't know it yet, but he was about to be on the receiving end of a well orchestrated sham peer review. Later that same day, he was called in to examine a patient that was hysterical. What Singer didn't know was that this patient was a neighbor of the accuser and likely was a plant. The patient was speaking in gibberish. He refused to take his medication and claimed that since a psychologist was called in then it must all be "in my head". The patient was entirely uncooperative, however Singer didn't make much of this bizarre encounter until months later.

Over the next several months, Singer began losing patients. What he didn't know was that someone was poisoning the proverbial waters about his reputation in the relatively small town of Dubois. In early 1988, Singer was informed by the Pennsylvania Board of Psychology (PBOA) that he was being formally investigated. There was seven patients in all, including the peculiar one I mentioned and the abuser himself, that filed complaints. Now, Singer first became a psychologist in 1973. Prior to these complaints, he'd never had any complaints. It should have been a red flag to any legitimate licensing board that a doctor usually doesn't go nearly fifteen years with no complaints and suddenly has multiple complaints all at once. Of course, what Singer didn't know was that he wasn't dealing with a legitimate board but rather a corrupt one.

The whole entire affair was nothing more than a sham. There was evidence that not only were witnesses bribed in order to make up testimony but that this was done at the behest of DCFS itself. Furthermore, through the course of the trial it was even revealed that DCFS actually revealed Singer as the source of the complaint of child abuse. Of course, this is a total aversion to any proper procedures. Anyone that reports child abuse is always supposed to have their anonymity maintained. Singer was initially charged with 58 counts, and was put through a legal loop that wound up nearly bankrupting him. He finally needed to reach out to the National Child Abuse Center for legal help.

He was finally found guilty of billing errors. He was put on probation. In 1992, while the case was under appeal the board removed his license because they claimed he didn't pay the fine the board punished him. (Singer told me that he didn't pay the fine upon the advice of his lawyer)

He has never recovered his license in Pennsylvania. In fact, only about a month ago, he had license restored in the state of West Virginia. No one was ever seriously investigated, let alone punished, for looking the other way or incompetently protecting the child in this case. Mark Spotz is currently on death row following a killing spree. He found himself in the Pennsylvania DCFS system at about the same time as this case was starting. Not only did Spotz have a history of being abused, but serious questions remain about just how much DCFS protected him against his abuser when he found himself in their care. His attorneys have been claiming that had the trial jurors known of the extent and nature of abuse suffered as a youngster, as well as his previous diagnosis of post-traumatic stress disorder, and substance abuse, they might have spared his life. The alleged abuse included mandatory sex acts as a 10-year-old, introduction to drugs, beatings, confinements and situations that, according to a psychologist, ranked “at the very bottom of bad.” How many kids were under the care of Pennsylvania DCFS and wound up being neglected like Spotz and the child in this case?

In Part three, I will discuss all the "powerful" politicians that Singer reached out to for help. They include both Bob Casey Jr. and Sr., Tom Ridge, Arlen Spector, and Rick Santorum. Their behavior in the subsequent fifteen years after Singer's license was removed is nearly as deplorable as that of the Psychology Board and DCFS.

In the meantime, check out other similar stories...stories like a doctor in South Carolina that was targeted for reporting on a serial killer nurse, a doctor in Texas targeted by Blue Cross/Blue Shield, a nurse that was targeted after he reported on illegal drug testing at his hospital, the Texas Medical Board's systematic targeting of doctors, and the tragic case of obscene corruption at Atlanta's Grady Hospital. Finally, you can check out a similar case in which a doctor in Rhode Island was also targeted after she reported on suspected child abuse.
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Child Abuse and Sham Peer Review...Corruption in Pennsylvania I

This is the summary of a police report. It is a police report that damned the entire government apparatus of the state of Pennsylvania. It is a police report that should have finally brought to an end a nightmare that lasted nearly ten years for Dr. Jim Singer. That's because this report confirmed everything that Dr. Singer had been saying for nearly ten years not only about a case of child abuse but systemic corruption at all levels of Pennsylvania government that tried to cover it up. Instead, following the release of this report much of the political help that Dr. Singer received from Pennsylvania politicians dried up. This police report and the case surrounding it open a Pandora's box to corruption in which the Department of Children's Services in Pennsylvania protected child predators and helped orchestrate retaliation against medical professionals that try to report on it.

Back in 1986, Dr. Singer received a patient with a plethora of mental issues including alcoholism and a history of abuse. After having this patient meet with a physician, the two medical professionals decided that the best approach for treatment was family counseling. During family counseling, Dr. Singer found a dysfunctional family with all sorts of problems. After a couple of days, Dr. Singer had confirmed to him in front of multiple witnesses that the daughter in the family was being abused by the father. As a mandated reporter, Dr. Singer was required by law to report his findings to proper authorities. By law, even a suspicion of child abuse must be reported.

Dr. Singer did what the law, medical ethics, and simple humanity required of him. As a result, his entire career and life have been ruined. Within a year, his patients began to dry up because rumors were spread throughout the town he practiced in that he was abusive and incompetent. Several months after these rumors began he was brought in front of the Pennsylvania Psychology Board on several violations. Dr. Singer had been a practicing psychologist since 1973 and he never had any complaints, and suddenly within two years of reporting this incident, he had multiple complaints against him. By 1991, the Psychology board suspended his license indefinitely and has still not returned to this day. In fact, he has only recently been able to reinstate his license in West Virginia. Even though he was supposed to remain anonymous when he reported the child abuse, his name was revealed. While no one can be sure how his name was leaked, the only organization that knew was the Department of Children's Services.

Furthermore, throughout his ordeal Dr. Singer reached out to nearly every single powerful politician in the state. He asked everyone from Arlen Spector, to Tom Ridge, to Rick Santorum, to both Bob Casey Jr. and Sr. for help. ( Here is a letter from a State Senator to then Governor Bob Casey Sr. explaining their concern about the way in which Dr. Singer was being targeted)None of them could or would help. Many of the politicians acknowledged the systemic corruption that infected the medical boards of Pennsylvania. Yet, after more than ten years of trying none of them have helped him retrieve his license. According to this letter written to Senator Spector's office, there is even evidence of malfeasance within the Attorney General's office of Pennsylvania. As I mentioned earlier, most of the politicians were significantly more gung ho before this damning police report came out. Even though this police report confirmed most everything that Dr. Singer had been telling them, their help was nearly non existent afterwards.

This case raises many troubling issues about not only the state of Pennsylvania but the entire United States. If Dr. Singer was targeted specifically because he reported child abuse how many other medical professionals have had such things happen in similar situations? If the entire political apparatus of Pennsylvania couldn't or wouldn't protect Dr. Singer from this sham peer review, who else didn't they protect? The alleged abuser was nothing more than a civil servant. Did he actually have enough pull within political circles or was he being protected by someone more powerful? Most of these questions have still not been answered. That's because the media has again been nearly non existent in reporting this corruption. Besides a report in 1992 ABC World News and a few stories by one reporter in Pennsylvania, Dr. Singer's story has never been told. As such, the obscene corruption that surrounds has never been told either.

Of course, the story is too long to tell all in one blog post. In part two, I will lay out the events leading up to Dr. Singer's license being suspended. In Part three, I will detail the manner in which each and every politician in Pennsylvania did or didn't help Dr. Singer, and in part four I will give my conclusions. Of course, you will have to wait for those in the next few days.

In the meantime, please check out other such stories like a doctor in South Carolina that was targeted for reporting on a serial killer nurse, a doctor in Texas targeted by Blue Cross/Blue Shield, a nurse that was targeted after he reported on illegal drug testing at his hospital, the Texas Medical Board's systematic targeting of doctors, and the tragic case of obscene corruption at Atlanta's Grady Hospital. Finally, you can check out a similar case in which a doctor in Rhode Island was also targeted after she reported on suspected child abuse.
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Rhode Island Vs. Dr. Jerry Mills II

Please check out part one of this story if you have not already done so.

The story of Dr. Jerry Mills' battle with the entire apparatus of the state of Rhode Island starts in earnest in the summer of 1993. Dr. Mills was working as a pediatrician at St. Joseph's Community Hospital in Rhode Island. She felt she was being overworked and she approached the head of pediatrics at the hospital, Dr. Al Posselli. She had been working hundred hour plus work weeks regularly and she was scheduled for a grueling day and a half shift, followed by twelve hours off, followed by forty eight hours on. Whether merely by coincidence or by causation, six months after she approached Dr. Posselli, her contract with St. Joe's was not renewed. The Vice President of the hospital, Mark Hough, did inform Dr. Mills that the administration felt that they got the impression that she no longer wanted to work there.





Dr. Mills ended up out of work for nearly a year and nearly had her finances destroyed as a result.





After nearly a year she finally was able to open up her own pediatric practice. Any private physician must also be affiliated with at least one hospital so that their patients have somewhere to go in case more extensive treatment is necessary. In a bit of curious irony, she was accepted back on staff at her former employer, St. Joseph's Community Hospital. She also applied at Rhode Island's Hasbroh Community Hospital. At her confirmation hearing, she was informed that she would not be accepted. Later, transcripts revealed that Dr. Posselli had in fact poisoned the waters on her application. He described Dr. Mills to Dr. John Cronan, the head of the committee that reviewed her application as







psychotic, litigious, and incapable of doing her job



Furthermore, Dr. Posselli told Dr. Cronan that the only reason he hired her back at St. Joe's was because he feared she would sue if he didn't.





This chain of events also may have happened in a vacuum or they may have lead directly to another chain of events that started in 1998 and continue today.



In 1997, Dr. Mills received two peculiar patients that were the center of her problems. The first patient we will call J.S. The first matter was regarding forwarding medical records to a new doctor in a timely manner. The rules on such things were pretty clear. The doctor has thirty days from the time the patient signs a release form. J.S. asked that her patient records be forwarded to her new doctor in August. Dr. Mills sent out the consent form on September 4th. On September 11th, she was contacted by J.S.' insurance carrier United Health Care. Dr. Mills made sure that it was noted that before she could release the records J.S.' parents needed to sign the consent form. She even had the insurance company send her a letter stating as such.



Now, if you think this might be somewhat paranoid check out what happened simultaneously to this. Let's call another patient B.C. Her father came in August 17th, 1998. He was complaining about a bill and in the conversation he wanted to switch doctors and wanted his records forwarded. Dr. Mills explained the procedure and that he needed to sign release forms. He wanted to take care of the forms right there, but Dr. Mills explained that she was seeing patients right then but that he could come back later. He never did comeback that night, so Dr. Mills sent out the forms on September 4th. On September 11th B.C.'s mother called and said this




"(Dr. Mills is) preventing the continuity of care of my child"


That's a rather peculiar statement to make however it also happens to be the legal term for a doctor that doesn't provide medical records to the next doctor.



Of course, Dr. Mills had done nothing wrong, however on September 29th, She received a formal complain from the Rhode Island Medical Board, lead by Bruce Mcintyre. The complaint stated that multiple complaints regarding the transfer of medical records on patients, she was to be evaluated. Of course, at this point Dr. Mills knew of no patients that complained let alone multiple.



She was forced to hire an attorney, Seth Bowerman, on October 15th. The attorney had told her that BC had signed the complaint and that it had a litany of charges including, but not exclusively, sending out the paperwork too late. This was startling and ironic because this particular patient had been coming to Dr. Mills for about four years and never complained about anything.



Dr. Mills was about to be the victim of sham peer review. At the end of February this sham had what is known as an investigative committee hearing. This is like an arbitration or even a trial in which testimony is taken and evidence is presented. While it is still quite unclear what it was that Dr. Mills did, the board decided that she needed to be evaluated.



Normal procedure in such cases would have the board forward a list of psychiatrists and have Dr. Mills choose one. In this case, she was only given one name, Dr. Jeff Hunt. Of course, Dr. Hunt was a child psychologist and so that made no sense.



Then the board made no effort to send out anymore names until Dr. Mills, herself, complained. This time they sent her a list of four doctors and Dr. Hunt was one of them.



On September 22nd, Dr. Mcintyre suspends Dr. Mills' ability to see patients until she was evaluated. Even though she had never been given a list of psychologists, she was suspended until she saw one. On September 24th, she received the list, it was only four, and Dr. Hunt was one. The first psychologist, Iris Shuey, MD, even refused to see Dr. Mills. Finally, Dr. Mills was scheduled to see Dr. Lea Cullen. She would never keep that appointment.



In the interim Dr. Mills began studying the charges and medical records of BC in order to prepare a defense. Besides the complaints of BC there was complaint from another patient that I will call JB. In this case, the father was ironically enough a child abuse investigator. Medical history on JB was scant. When JB first came to see Dr. Mills, her mother told her that her records had been lost because they had moved around in the Navy previously. Furthermore, Dr. Mills only saw one out of four children. The mother had mentioned that in 1990, JB had been diagnosed with apnea. In preparing for her defense, she discovered information about the family that unfortunately likely lead to the removal of Dr. Mills' license.

The main break came when Dr. Mills contacted Bridgeport Hospital, the hospital where JB had been diagnosed with apnea. She was told that the records hadn't been lost at all and in fact they were still available on microfiche. From this discovery, Dr. Mills unraveled a mystery in which she discovered that each of the four kids had been diagnosed no less than 27 times with peculiar injuries including fractures, bone breaks, and other injuries that strongly suggested child abuse. More than once, multiple siblings would have fractures and breaks within days of each other.

In cases of suspected child abuse, a medical professional is obligated to report even if there is only suspicion of abuse. This is known as mandated reporter. That's exactly what she did, and she reported her findings to the Rhode Island Department of Children and Youth Services (DCYF). Rather than having her suspicions investigated, it is likely that as a result she was retaliated against.

That's because within weeks of reporting on the abuse, her license was officially suspended. She has never regained her license and continues to this day to fight the entire Rhode Island court system which has over and over affirmed the decision of the Rhode Island Medical Board. This includes Superior Courts within Rhode Island, and even the Federal Court of Rhode Island. In the interim she has reached out to most Rhode Island politicians including Jack Reed, Lincoln Chafee, Sheldon Whitehouse, among a plethora of other less well known local and state politician. NONE has been willing or able to help her. Sheldon Whitehouse, when he was Attorney General, actually represented Bruce Mcintyre and the Rhode Island Medical Board in a civil case AGAINST Dr. Mills. It is unclear what was the final disposition of the case of child abuse, though I suspect that nothing much was done with it. In the meantime, Dr. Mills languishes having to do odd jobs to make a living while it is going on nearly ten years since she was able to practice medicine. None of the perpetrators of this sham peer review have faced any disciplinary action. Furthermore, you will find scant if any media attention to this case. In other words, the entire state of Rhode Island has perpetrated a fraud and corrupt sham in which Dr. Mills civil rights were systematically violated and no one in the media seems to care in the slightest.

Dr. Mills has created a web site where her case is discussed in great detail. What you will find on that site is documentation supporting each and every charge made here.
Here is part three and the conclusion of this amazing tale.
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Rhode Island Vs. Dr. Jerry Mills III

Introduction: Please check out part one and part two if you haven't read those yet. I will make allusions and references to each and if you haven't read them, you will be lost.

Imagine if you were put into the position of having your livlihood threatened by a corrupt governing body that trumped up charges. Imagine if that corrupt governing body not only trumped up charges but eventually removed your ability to earn a living in the profession. Imagine if an uncaring state apparatus did nothing to help you while the corrupt governing body continued to stop you from earning a living in your chosen profession. Imagine if there was no one to help you while this was perpetrated on you for over ten years. I bet you would think that such a thing would never happen here in America, and that I was describing some totalitarian country where people are constantly targeted and have their civil rights systematically violated.

Except it didn't happen in a totalitarian country. It happened right here in America, and continues to happen today. The story of Dr. Geraldine Mills is a tragic tale not only for the scope of its corruption but more than that, it's tragic because no one seems to care that it continues to happen. Worse than that, Dr. Mills is one of thousands of doctors that have their civil rights violated by something known as sham peer review. According to the Semmelweis Society, every single state in the union has had various cases of sham peer review. They estimate discovering 25 new cases each and every week.

Doctors are Americans like the rest of us. They deserve the same civil rights protections that everyone else enjoys. When a corrupt governing body trumps up charges, removes their licenses, and doesn't reinstate their licenses for no good reason, they have had their civil rights systematically violated. These are the same civil rights that our founding father's fought a war to make sure EVERY American had. That includes doctors.

What was Dr. Mills' crime? She complained that she was being worked too hard. Can you imagine if everyone that complained about that then saw their careers destroyed and ripped apart as a result? What else did she do? She reported a case of suspected child abuse as she is mandated by the mandated reporter statute. She did what was not only her ethical, moral, but legal DUTY, and because she did, she paid for it with the loss of her career. Worse than all of that, no one seems to care in the slightest.

The state of Rhode Island has spent the better part of ten years making sure Dr. Mills never works as a doctor again, and they won't stop until she gives up. If the state is this attentive to a farce, how much time does anyone actually think they spend making sure that bad doctors are removed. Unfortunately, when you have corrupt governing bodies, like the Rhode Island Medical Board, they don't merely spend too much time going after good doctors frivolously, but rather they don't spend enough time going after bad doctors.

Again, no one seems to care. No one has picked up this story. It certainly isn't due to journalistic ambition. This story would allow any reporter to indict the Rhode Island Medical Board, Attorney General's office, U.S. Senators, and frankly the entire government apparatus. Yet, you will NOT find this story anywhere in the MSM. Why? I guess those are questions to ponder, but Dr. Geraldine Mills doesn't have the luxury of such existential philosophical questions. She has to live this nightmare. It is a nightmare that no American should ever have to live, and we should all be ashamed every single day it continues.

Also, please check out other such stories like a doctor in South Carolina that was targeted for reporting on a serial killer nurse, a doctor in Texas targeted by Blue Cross/Blue Shield, a nurse that was targeted after he reported on illegal drug testing at his hospital, the Texas Medical Board's systematic targeting of doctors, and of course the one that started it all the tragic case of obscene corruption at Atlanta's Grady Hospital.
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Rhode Island Vs. Dr. Jerry Mills I

In the movie, The Truman Show, the main character, Truman Burbank, faces everyone's worst nightmare. His entire life is being orchestrated by someone else. Much like Truman Burbank, Dr. Geraldine Mills found herself in a scenario in which her entire life was orchestrated by the entire apparatus of Rhode Island. Unlike Truman Burbank, who's nightmare was the mere fact that someone else was pulling the strings on his life, Dr. Mills worst nightmare was that the strings were being pulled in order to turn her life into a nightmare.

Her saga have now gone on for more than fifteen years. It all started when she dared to challenge the authority at the hospital she worked at. Once this happened, that same authority made her an enemy and her life since has been nothing but a living hell.

Since then, she has been brought up in front of the corrupt Rhode Island Medical Board. Her license was indefinitely suspended because patient records weren't forwarded in a timely enough manner. She has been forced to see a psychiatrist. She has had to appeal her case to an appeal's apparatus that was no less corrupt, and after nearly eight years her license remains indefinitely suspended.

Furthermore, she has reached out to nearly every single politician she could from Lincoln Chafee, to Jack Reed, to Sheldon Whitehouse, among many other state and local politician. None of the political appartus did anything to right the terrible wrong that was and continues to be perpetrated upon her.

Worst of all, much of the wrong that has been perpetrated upon her centers around a case in which there is strong evidence of child abuse. While Dr. Mills has had her license removed, this particular case has yet to be investigated by any of the corrupt forces that have punished Dr. Mills in so draconian a manner. Much like many of the other cases of sham peer review that I have covered, Dr. Mills story has never been told by any other media source. As such, Dr. Mills continues to struggle with absolutely no one offering to tell her story.

Her story not being told has nothing to do with it's lack of drama an poignancy, and thus, I can only assume that the silence from the media is due to nefarious reasons. Thus, I am once again put into the position of doing the job the media should be doing. That, of course, will be part two of this amazing tale.

Here is part two.
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Human Guinea Pigs, Sham Peer Review and the Governor III

Introduction: I will be making references that you simply won't be able to follow unless you read part one and part two. Furthermore, I will make references to other cases I have covered. I will provide a link everytime so feel free to link over and get details.

The cruelest of cruel ironies of this story is that the only thing that Tim Goosby could have done to avoid the nightmare that he found himself in is to not have taken the job in the first place. The only other way he could have avoided this nightmare is to have corrupted himself and gotten into bed with the corruptors that he blew the whistle on. Just think about that for a minute and realize that any system structured for such an outcome is one that needs a total and complete overhaul.

The most glaring problem in the system is the obscene amount of power all centered in the hands of the Texas Nursing Board. The entire appeals process beyond the nursing board in Texas is entirely to bring recommendations back to the board itself. If the TNB is corrupt (and it is), then the entire appeals process is irrelevant. In the case of Tim Goosby, a law judge ruled in his favor when he appealed the corrupt verdict. That meant absolutely nothing because the law judge's ruling was non binding. It was only meant as a guide for the TNB which always had the ultimate say. Thus, once the TNB got the motivation to punish Goosby, there was no escaping their wrath.

The second tragic and glaring weakness of the system is the total lack of protection whistle blowers have. Tim Goosby found out about ILLEGAL DRUG TESTING. That isn't merely som clerical error or finding out that someone comes in five minutes late often. Dr. Dan Dugi was testing a drug not yet approved on unsuspecting patients. Tim Goosby faced one of two choices. He either looked the other way and allow this evil to continue, or worse, he blew the whistle and wound up making his own life a living hell. If whistle blowers face absolutely no protection, then what that does is encourage corrupt behavior at hospitals all over the place. The reason that Dr. Dugi so brazenly broke the law is exactly because he knew that he could punish and eliminate anyone that tried to get in his way. The lack of protections for whistleblowers currently not in our legal system encourages the medical field to continue with the kind of corruption we see here.

Lastly, the Texas medical field is corrupt in a manner that should alarm all residents not only in Texas but in the United States. The case of Dr. Shirley Pigott revealed that Blue Cross/Blue Shield has corrupted the entire medical system in order to punish and intimidate doctors it doesn't like. BCBS is the single biggest health insurer in the state of Texas. The cases of Dr. Chris Kuhne and Dr. Bill Rea show that the Texas Medical Board has been completely corrupted and thousands of Texas doctors have faced the wrath of sham peer review as a result. Now, we have the case of Tim Goosby.

This case reveals that the Texas Nursing Board is as corrupt as the other entities, and it punishes some nurse for blowing the whistle, while protecting other nurses that have the right connection.You simply cannot have a system this corrupted with absolutely no consequences beyond "merely" those of the targeted professionals. The medical system in Texas is corrupted at every level. In the case of Dr. Shirley Pigott, BCBS employed the Texas Medical Board, Texas Medical Association, and Texas Association of Family Physicians, to orchestrate its corruption.

What this means is that nearly every single entity that is supposed to make sure that medicine is performed properly in Texas is actually corrupted and creates the opposite effect. Furthermore, the case of Tim Goosby also revealed a governor's office that's either incompetent or corrupt, but ultimately one, that is asleep at the wheel while its entire medical system is totally corrupted.

This affects all aspects of the way in which medicine is performed both in Texas and in the U.S. Everything from health insurance rates, to patient care, to medical professional competence is affected. You simply are not going to solve the "health care crisis" if this situation is not solved first. If the single biggest health care provider is allowed to corrupt the system, and every single government and professional agency is its partner, then there are no fixes unless this is fixed first.

Lastly, aren't doctors and nurses American citizens also? If they are, then I firmly believe that they deserve the same expectation of civil rights as everyone else. How would any of you reading this feel if you tried to do the right thing and as a result had the rest of your life turned into a living hell? Would you feel as though you received the same civil rights that this country was founded on? Why are we all then standing by and allowing all of these doctors to have their civil rights snatched from them by corrupt forces all over their field? To me at least, this is not the least bit acceptable, and it needs to stop immediately. It won't as long the public in general turns a blind eye to it. As the saying goes

evil flourishes when good men stand by and do nothing

It's time that everyone demand action. If you read this and don't demand serious systematic changes, then you are tacitly approving of the way in which each of the doctors and thousands more were treated.For other examples of obscene corruption in health care check out this amazing tale out of South Carolina and of course the one that started it all for me Grady Hospital in Atlanta

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Human Guinea Pigs, Sham Peer Review, and the Governor

Introduction: Please take a look at part one of this series prior to reading this part.


The video linked here includes testimony from Tim Goosby, a nurse anesthetist, in front of Congress just a couple weeks back. Mr. Goosby is an independent registered nurse anesthetist.

Goosby's story starts in in mid 2003 when he was approached by the CEO of Cuero Community Hospital, Jim Buckner, to become the new nurse anesthetist. Cuero Community Hospital is the lone public hospital in Cuero, Texas. Cuero is a small town of only a few thousand folks, mostly Hispanics, poor, and many times illegal. The job offer came with one caveat. The hospital's other nurse anesthetist, Mark Crawford, had recently been caught stealing drugs as well as doctoring prescriptions to overcharge patients. While these were serious violations of ethics and standards, Crawford wasn't going to fired. Rather, after undergoing psychological evaluations, a temporary leave, along with other punishment, Crawford would return to the hospital and they would share duties.





Within a few month's of Crawford's return to the hospital, Goosby was approached by multiple nurses with new claims that Crawford hadn't changed his behavior. In fact, now the nurses claimed that Crawford was even doctoring prescriptions that Goosby had signed. Goosby immediately approached Crawford with the accusations.





Crawford immediately denied everything. Goosby demanded that he see all of Crawford's patient records. To this, Crawford replied








you will never see the patient records



Finally, after enough grilling, Crawford admitted to everything he was accused of. Goosby immediately went to the CEO, Jim Buckner, with what he had found. Buckner decided to arrange a meeting of all the hospital medical staff so that Goosby could present his evidence to them.





At the staff meeting, a small group of doctors, headed by Dr. Daniel Dugi and Dr. Tim Spradlin, continued to ask the same question of Goosby. Did he tell anyone outside of the hospital what he discovered about Crawford? Of course, he hadn't yet. The next day after a mysterious meeting with Dugi and Spradlin, Mark Crawford left the hospital as well as the town of Cuero never to be heard from in those parts again. (Of course, he later resurfaces in other parts of Texas as the link clearly shows).





As Goosby later found out, Dr. Dugi along with Dr. Spradlin, lead a pseudo mafioso group of doctors that became the de facto rogue administration, and the real administration was too weak to do anything to stop them. The next few months were a living professional hell for Tim Goosby courtesy of Dr. Dugi and his group of medical mafioso. They spread rumors attacking his character. They tried to turn the rest of the staff against him. All of these things were much easier to do given that Goosby was the "new guy" while Dugi, Spradlin, et al had each been at Cuero for many years. Furthermore, Goosby was now doing the work of two nurse anesthetists he was being worked to death. Cuero, like most hospitals, needs the staff's approval before any new medical staff member is hired on. Of course, Dugi made sure than no new nurse anesthetist was hired on.





Within months, Goosby found out why he was being targeted so viciously. Several nurses again approached Goosby. They claimed that Dr. Dugi was making them perform illegal drug tests on patients. Dr. Dugi was associated with a company called Activ Group, Inc. and the two entities had formed a partnership to bring the drug Providex to market. Only, according to the nurse, they weren't going through normal FDA channels to test the drug, but rather they were using the patients at Cuero as human guinea pigs.





Goosby immediately took what he learned to the hospital CEO, Jim Buckner, as well as the head of nursing at Cuero, Judy Krupala. His concerns were rejected by everyone he approached.





Meanwhile, in mid 2004, he was sent in to perform a fairly standard anesthesic procedure. A patient, who also happened to be a fellow nurse at the hospital (obviously due to doctor patient privilege the name can't be revealed), was undergoing a biopsy on his chest. Goosby was sent in to administer the anesthesia. The standard procedure in such a case for the nurse anesthetist to do two things prior to administering the anesthesia: 1) explain the consent form and have the patient sign it and 2) explain the assessment form and have the patient sign it. Goosby insists that both of these things were done just as they were done in thousands of procedures he performed prior.





Within months, this same nurse/patient accused Goosby of not providing these two forms to them. Goosby insisted to the CEO that of course he did, and he even provided the signed consent forms. The CEO backed up Goosby, however at the behest of Dugi the matter was still referred to the Texas Board of Nursing. This started an ordeal for Goosby that continues today.





What Goosby found in the TNB was an organization no less corrupt than the hospital that referred him. Unfortunately for Goosby, he had a DUI charge from a few years earlier that he failed to report to the Texas Nursing Board when he first went to work in the state. While this is a legitimate charge the normal penalty for such a failure is $250. Instead, this charge was used as the basis of what eventually lead to Goosby having to surrender his license in Texas for a year.





After receiving formal written charges, Goosby faced the board in an oral hearing known as an Informal Settlement Conference. Despite presenting the board with copies of the two forms in question and having the patient recant their story under examination, the board still ruled against Goosby. Instead, the TNB used his failure to report the DUI as the subject of an order to remove his license. Of course, such a draconian punishment goes against their own guidelines. (as I said earlier, such an infraction normally results in a $250 fine)





Goosby appealed the decision to a law judge. (this is standard procedure) In front of the law judge, Goosby's attorney referenced a prior decision, Turner Vs. Texas Board of Nursing, in which another nurse was similarly punished outside the guidelines of the case. The law judge sided with Goosby, however there is a serious problem in the manner in which the TNB operates...as Goosby would soon find out. While the law judge can make their ruling, the TNB doesn't have to accept that ruling. Ultimately, what they say is final, and the judge's ruling is only meant to be used as a guide. Of course, in the case of a corrupt board, like the TNB, such a rule puts far too much power in the hands of the corruptors.





Thus, despite having the ruling of the law judge on his side, Goosby was stuck. He could continue to appeal his punishment to the same law judge but the same corrupt nursing board would continue to reject that ruling and insist on their own. In the meantime, the long legal battle had drained nearly all of his financial resources. In fact, at one point, Goosby was approached by the TNB attorney, Liz Higginbotham, and told that they were determined to remove his license, and that he could either surrender it while he still had money or when he was broke. Goosby agreed under the condition that there be no mention that he administered anesthesia without consent or advisement, the two significant charges. Thus, in 2005, Tim Goosby lost his license to practice nursing in Texas for failing to report a prior DUI to the board.





Finally, after nearly two years of fighting the TNB, Goosby agreed to surrender his nursing license in the state of Texas for a period of one year. Of course, this opened up its own pandora's box. Once his license was removed in Texas, other states began to ask questions as well. Suddenly, his license was being threatened in a number of states including: Illinois, Colorado, and his home state of Wisconsin. Defending himself in all of these other states put further financial hardship on Goosby.





Nearly broke, Goosby was given a carrot by the state of Wisconsin. If he got his license restored in Texas, he would be allowed to work in Wisconsin. Of course, he needed to go back to the same corrupt TNB to do it. Through his attorney, he reached out to the TNB. The TNB agreed to restore his license under one condition. Goosby had to face the board and he couldn't speak.





At the hearing, the board once again accused him of administering anesthesia without consent or advisement, two things they promised to remove from his record, and then took it a step further. They now accused Goosby of being a drug addict. In his re instatement order, Goosby was accused of a laundry list of misdeeds including drug use. He was given 90 days to sign the order.





Upon the advice of colleagues, he was told under no circumstances to sign the order. Signing it would be a death sentence to his career. As soon as that order was posted on the TNB site, his license would be threatened by every other state. Instead he was told to reach out to the media. That is what he did.





As such, he became the main source for this investigative series by KPRC of Houston investigative reporter Stephen Dean's expose of illegal drug testing at Cuero Community Hospital. While Dean was painstaking in his coverage of Dr. Dugi's illegal drug testing, the corruption perpetrated at the TNB to Goosby became nothing more than an afterthought in the story.








That nurse, Timothy Goosby, is now licensed to practice in Minnesota. He said he surrendered his Texas nursing license and was forced out of his job at Cuero Community Hospital in retaliation for reporting the drug testing.

He surrendered his license for failing to disclose two drunk driving arrests when he applied for his Texas license. He told Local 2 Investigates the infraction was only discovered when the people involved in the drug testing started filing several accusations against him in response to his being a "snitch."



While Goosby refused to sign the order, the TNB put it up on their site regardless. In an ironic twist of fate, this lead to small bit of redemption for Goosby. The charges were so serious now that many other states did thorough investigations. As such, what they found was what you are reading...that the TNB orchestrated on Tim Goosby a sham peer review. In fact, the state of Illinois used the term "railroaded" in describing the case. The state of Wisconsin allowed Goosby to work in the state though his prior license revokation makes him a significant insurance liability.





Meanwhile, Jim Buckner waited until 2008 to finally speak on the record about some of the things that happened at Cuero Community Hospital. That just happened to be the statute of limitations on many of the crimes he witnessed. In the Dean expose, Buckner said that he left the hospital as a result of what he saw there regarding the drug testing. (It just apparently took him nearly five years to see it) He was replaced as CEO by a gentleman named Darly Stefka. Stefka was the head pharmacist at Cuero when the illegal drug testing was going on.



The pharmacist in charge when the drug was first added to the "formulary," or list of medicines being dispensed to patients by the hospital, has now been elevated to CEO of Cuero Community Hospital.


Darryl Stefka, Cuero Community Hospital's current CEO declined to answer questions on camera, but he insisted the drug's use was "very legitimate." When asked whether it was tested on patients without their knowledge, he answered, "I'm sure they knew."



Mark Crawford popped up on the radar of the TNB in 2007, Crawford was caught at a hospital in El Paso doing many of the same things that he did at Cuero. He was let off with a warning and a fine. There is one case that you won't find on the TNB site. Bridget Hughes was caught stealing 50 triplicate prescriptions, forging signatures, and using them for her own use. For this, her license to write prescriptions was removed for one year, but she was still allowed to keep her license to be a nurse. Hughes was the head nurse for Dr. Keith Miller, former head of the Texas Medical Board Disciplinary Committee. The disposition of her case has "mysteriously" been removed from the TNB site. (though as soon as I figure out how to transfer my copy from PDF, it will be placed back up on the internet)



Finally, Goosby took his pleas all the way to the governor's office of Rick Perry. Goosby pleaded with the governor's office to have the TNB investigated. According to a letter dated May 7, 2008, Dede Keith, in the communications office, told Goosby that the governor's office would share Goosby's concerns with Katherine Thomas, head of the Texas Board of Nursing. In other words, the Texas Governor's office thought it would be appropriate if the exact same corrupt TNB investigated itself.
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Human Guinea Pigs, Sham Peer Review, and the Governor

This particular story was the climax of a nearly five year ordeal for a nurse anasthesist that found him the target of a sham peer review that dwindled his savings and nearly cost him his license.

The Texas agency in charge of disciplining doctors has launched its own investigation into the drug testing allegations uncovered by Local 2 Investigates at Cuero Community Hospital.

Former staff members at the publicly funded hospital near Victoria say patients were used as "human guinea pigs" without the patients' knowledge, with a drug that was never approved for trials or use on humans.

The Texas Medical Board was made aware of the allegations nearly two years ago, but the agency's enforcement director said the case had been closed since patient names were not included in the complaint.


What you can't tell from this story is that the main source for it is a nurse anesthetist that worked alongside Dr. Dugi at Cuero Community Hospital. You won't find the name of this nurse anesthetist anywhere in this particularly referenced story, and he is only mentioned in passing in the series of stories that the news station, KPRC in Houston, did on this investigation. (for now I will also not reveal his name but that's only dramatic effect because his name along with his entire story will be revealed in part two of this series) That's too bad because the investigation that KPRC uncovered was only the beginning of his long ordeal.

Dr. Dugi, the doctor referenced, worked at Cuero Community Hospital in Cuero, Texas a town of a few thousand. He lead what eventually amounted to a pseudo mafioso group of doctors that became the de facto rogue and corrupt administration. The actual administration was weak and powerless to stop Dr. Dugi from controlling the hospital. Cuero is a town of mostly Hispanics, poor, and many illegals. As such, Dr. Dugi turned many of his elderly patients into guinea pigs for testing a drug that he wanted to bring onto the market. Rather than going through a formal FDA process, Dr. Dugi thought it would be easier to simply test the drug on real patients at his own hospital.

This nurse anaesthetist discovered what was happening and reported it to the administration. As a result of his whistle blowing, he was retaliated against and ultimately wound up facing an even more corrupt Texas Board of Nursing. He had to battle for over four years against what amounted to nothing more than trumped up charges and eventually even had his license revoked by the state for a year. The whole process has left him nearly broke and has totally shattered any semblance of a medical career.

Not only is none of this mentioned in the piece, but most of the same players that corrupted the TNB continue to lead it to this day. The nurse anaesthetist took his pleas all the way to the governor's office of Rick Perry. His pleas were met with a letter that told him that they would have the Texas Nursing Board look into it. Let's make sure everyone understands this. It was the very same Texas Nursing Board that he wanted to have investigated. Thus, the governor's office wanted the corrupt nursing board to investigate itself. That speaks for itself.

Furthermore, while this nurse anesthetist was being systematically targeted the TNB was showing shocking leniency for real bad apples. For instance, this particular case linked regards Mark Crawford. Crawford was himself a nurse anesthetist at Cuero Hospital through a bulk of 2003. In 2007, he was caught not only doctoring orders so that patients were over billed but doctoring prescriptions so that he could feed his own drug habit. The TNB let Crawford off with a warning and a fine.

So, why wasn't the whole story told? That I don't know, however I do know the investigative reporter, Stephen Dean, was told the whole story and chose only to focus on the corruption at Cuero Community Hospital for his own investigation.

It's too bad because had he focused on the entire story, he would have discovered a corrupted TNB that targets certain nurses on sham charges while protecting other nurses. He would have found a link between the corrupt Texas Nursing Board and the equally corrupt Texas Medical Board. Furthermore, he would have found a governor's office that looked the other way and did nothing while all of this corruption went on.

As such, I guess that leaves it to me to tell the entire story. That of course is part two of this series.
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The Texas Medical Board Vs. Doctors...More Corruption in Texas II

On October 31, 2001, Dr. Chris Kuhne received the first in a series of letters from Dee Whittlesey (that is the same Dee Whittlesey that played an active role in the sham peer review perpetrated on Dr. Shirley Pigott) The summary of the letter was that in the opinion of Blue Cross Blue Shield, Dr. Kuhne had fallen outside of the matrix of the amount of money that a doctor in his specialty should make. In other words, in the opinion of BCBS, Dr. Kuhne was charging too much. Dr. Kuhne specializes in obstetrics and gynecology or in other words, he treats any and all ailments that a female might have.

This letter was the beginning of a long battle between Dr. Kuhne and his main insurance provider BCBS. He estimates that roughly half his business is covered by BCBS, and thus this is an insurance provider that he must maintain in order to maintain any semblance of his business.

On Mar 7, 2003, his dispute with BCBS took a terrible turn for his business. Following a long and thorough investigation of his billing practices, BCBS determined that they were simply unacceptable and they terminated their relationship with Dr. Kuhne. He had been deselected, an extraordinary step that is almost never taken. Once BCBS has accepted a doctor into their network, they usually on deselect said doctor under the most extreme of cases.

Of course, the journey that Dr. Kuhne took with BCBS didn't end there. At the end of 2005, BCBS changed the manner in which they determined their matrices for billing. In layman's terms, they used to figure out billing based on gross amounts, and at the end of 2005, they started figuring it out per patient. After reviewing Dr. Kuhne's case, they determined that in fact the reason he made more money was simply because he served more patients than most doctors. In other words, his removal was entirely without cause and they immediately put him back in the network where he remains today. In fact, by 2007, BCBS awarded Dr. Kuhne their coveted Blue Compare award. This is given to those doctors that BCBS feels exhibited the most care in minimizing the costs incurred to their patients.

In other words, in a journey that started in 2001, BCBS went from kicking Dr. Kuhne out of its network for billing too much, to giving him an award for frugal billing. Besides the award, BCBS didn't compensate Dr. Kuhne in any manner for the three years they nearly fatally disrupted his business.

While Dr. Kuhne was having his battle with BCBS, he was simultaneously involved in another battle with a titan of Texas medicine, the Texas Medical Board. Here he crossed paths with another familiar name, Dr. Keith Miller the head of the TMB Disciplinary Board.

Two separate cases only months apart began Dr. Kuhne's battle with the TMB (a battle that continues to still be unresolved even today even though most of his adversaries have been exposed as corrupt. A battle I may add that has cost Dr. Kuhne in excess of 100,000 dollars in legal fees). Each of the two cases began during the middle of 2004.

The first case was rather mild. It started when a patient of his (obviously doctor patient confidentiality prohibits naming the patient) decided to switch doctors and asked for her medical records. Dr. Kuhne sent her a letter and stated that the records would cost her $43. When he didn't hear from the patient, he kept the records. After a few months, the patient corresponded and essentially verbalized that it was silly that he keep her records over a small fee. Dr. Kuhne agreed and went ahead and forwarded the record without charging a fee.

While the files were forwarded satisfactorially, the time period wound up being out of technical bounds for acceptable TMB standards. Because Dr. Kuhne didn't forward the records in a swift enough period, this landed him in front of the TMB, in a case that still remains unresolved today about four years later.

The second case was significantly more serious in terms of the scope of the charges. Another patient accused Dr. Kuhne of making lewd sexual comments, sexual assault, and other sexually related allegations.

In each of the cases, Dr. Keith Miller played an active role. In the case involving sexual assault, Dr. Miller lead the informal settlement conference proceedings, and in the other, he was a member of the TMB board that ultimately decided his fate.

First, let's go over again the sequence of events that are involved in any matter that winds up in front of the TMB. First, the doctor is given formal written notice of charges against them. Then, something called an informal settlement conference is heard. This is an oral hearing in front of members of the disciplinary board in which evidence is heard, witnesses are called, and the disciplinary board questions the witnesses. Months later the disciplinary board issues its findings. After this, if the doctor is unsatisfied with the verdict, they can move to appeal in front of what is called the State Office of Adminstration Hearings (S.O.A.H.)

The S.O.A.H. hearing is held in front of a law judge and that judge issues their findings. Then, the law judge presents their findings in front of the full TMB, a group of about 16-18 doctors and a few civilians, that rule on all the evidence that has been presented in front of them including the findings of the law judge.

In both cases, the disciplinary board initially ruled against Dr. Kuhne, and in each case the law judge for SOAH ruled in favor of Dr. Kuhne. In both cases, the full TMB then still ruled against Dr. Kuhne.

In Dr. Kuhne's case regarding the sexual assault, the case followed closely with another I have mentioned. That is the case of Dr. Bill Rea. In the case of Dr. Rea, Dr. Rea called up no less than 18 expert witnesses that that testified that Dr. Rea had done nothing wrong and that the charges against him were frivilous and wrong. In Dr. Rea's case, the TMB put up one expert, their own hired gun, to claim that Dr. Rea was being fairly targeted. In the case of Dr. Rea, the TMB went with the testimony of their one expert over the 18 that testified in favor of Dr. Rea. In Dr. Kuhne's case, he also put up more than a dozen experts and once again the TMB put up one hired gun. Again, in Dr. Kuhne's case, the TMB ruled in favor the testimony of one hired gun over the experts that testified on behalf of Dr. Kuhne.

The two cases have other important similarities. Both Dr. Rea and Dr. Kuhne were long standing and respected doctors and they had each even finished their residency at the respected Parkland Hospital in Dallas, Texas.

The two cases have important distinctions as well. Dr. Rea is a leader in the field of environmental medicine and he accepts no insurance. His patients pay him first and then take that bill to BCBS or whatever provider they may have. It is much more difficult for BCBS, or any other insurer, to argue with the patient themselves rather than with the doctor over billing. In other words, Dr. Rea is the insurance company's worst financial nightmare, a doctor they can't control. Dr. Kuhne, on the other hand, was involved in his own battle with BCBS at the beginning of each of these cases.

According to Dr. Kuhne's recollection, the final verdict in each of the cases in front of the full TMB was split. All the doctors voted in his favor (except Dr. Miller), and all the osteopaths voted against him. (with the civilians casting the deciding vote and voting slightly against him) This is important because a check of the current make up of the TMB finds only one osteopath. That osteopath is Dr. Roberta Kalafut and she is the current, and then, head of the TMB. Each of the other osteopaths were either purged from the board or left for other reasons. Dr.Keith Miller resigned from the board under the grips of all sorts of allegations of corruption.

(Updated, based on the criticism of a poster)

One other thing that is important to understand is that Dr. Kalafut received far less training and is far less skilled in medicine than either Dr. Kuhne or Dr. Rea. She went to osteopathic school and not a full medical school. Furthermore, she graduated from the fairly modest, Sinai Hospital, in Maryland. In other words, both Dr. Kuhne and Dr. Rea were being judged by a medical professional far less superior to them. Furthermore, her own bio on the TMB website is misleading.

Roberta Kalafut, D.O., of Abilene, earned her medical degree from Ohio University College of Osteopathic Medicine and completed her residency in physical medicine and rehabilitation at Johns Hopkins Hospital and Sinai Hospital of Baltimore, Maryland.


While technically she did spend time at both Johns Hopkins and Sinai, that's only because the hospitals are neighbors. All Sinai residents spend a few rotations at the prestigious Johns Hopkins, however she didn't graduate from there and the time she spent at Johns Hopkins was token at best.

Now, first this raises the question why was half the board made up of them. That can only be answered by the government of Texas and the TMB itself. More than that, when Dr. Kalafut was judging Dr. Kuhne and Dr. Rea, she was judging doctors far superior to her. It's like a journey man basketball player deciding the worth of Michael Jordan's basketball skills. The make up of the board at the time of the events opened it up intuitively for corruption and a total lack of fairness.

Finally, by 2007, Dr. Kuhne waged his battle for going on three years. By this point, he had allied himself with a Dr. Steve Hotze along with a group of doctors including Dr. Bill Rea that all felt they were the subject of sham peer review by the TMB. In October of 2007, they took their case to the Texas legislature. The results were scathing.

Texas Medical Board took one crushing blow after another from the questions of the legislators on the committee and from the testimonies from the physicians and others at the October 23, 2007 House Appropriations Subcommittee on Regulatory Hearing. This hearing was convened to investigate the abuse of power by the Texas Medical Board. It was a marathon session lasting 11-1/2 hours. Without this hearing we would not have been able to expose the corruption at the TMB. We all owe a debt of gratitude to Representative Fred Brown who, by holding this hearing, demonstrated indomitable courage and determination in the face of extreme political pressure to abandon it.

The hearing made it clear that there is an unholy cabal made up of Don Patrick, Executive Director, Mari Robinson, Director of Litigation and Enforcement, and Roberta Kalafut, President of the TMB, who have despoiled the TMB. There can be no reform without removing them from the board.


Finally, at this hearing, Mari Robinson stated under oath that Dr. Kuhne signed an affidavit admitting to sexual misconduct. Dr. Kuhne has stated categorically that he signed no such agreement, and so far this agreement has NOT been produced. Mari Robinson is not only the Director of Litigation at the TMB but a licensed attorney. If she did lie under oath that is immediate grounds for removing her from the bar. That doesn't even speak to the criminal liability of potential perjury charges.

This whole sordid affair continues to unfold. The most shocking part is that charges against both Dr. Chris Kuhne and Dr. Bill Rea still haven't been resolved. Despite the fact that there is overwhelming evidence that the body that pursued them was obscenely corrupt their cases are now in the Texas state court system. (that's because their appeals were exhausted through the TMB system) These cases continue to be a mental, emotional, and financial drain on all the doctors that have been targeted. It is impossible to know for sure just how many doctors were the victims of the kind of sham peer review that these two were, and unfortunately most will never have their stories told.

These two cases, along with that of Dr. Shirley Pigott, are likely to open up a pandora's box of corruption throughout the medical system that infects the state of Texas. I have only begun to discover it all and I will continue to report on it.
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The Texas Medical Board Vs. Doctors...More Corruption in Texas III

If this is your first taste of this series then I suggest reading part one and part two.

At this point, I want to take stock of what Dr. Kuhne and Dr. Rea's battle against the Texas Medical Board means in the larger context of what I have found and what it means in the health care debate.

On the television show the Shield about a corrupt cop named Vic Mackey, there was one episode that was a sort of pre qual. This episode was done prior to anything else that had happened in the show. By this point we had seen Mackey involved in all sorts of obscene corruption. (I won't give examples so that those that haven't seen the show aren't spoiled) This episode focused on Mackey's first day in his new role on the Strike Force.

In that episode, he and his team cut a small corner in order to make an arrest that higher ups were putting pressure on them on. At the end of the episode Mackey remarked to a fellow strike team member that doing it this way was a lot easier.

The point of the episode was not only to show that corruption starts small, but also to show that it is easier to be corrupt.

Both of those I believe are lessons of this tale. In 2002, the Dallas Morning News ran a series of stories condemning the Texas Medical Board for not being aggressive enough in prosecuting bad doctors. As a result of this story, the TMB was given license to act aggressively. They did, only as it turns out, they acted in a corrupt and aggressive manner.

In some perverted ways, the pressure to deliver more convictions naturally lead to more corruption. That's because it is much easier to trump up charges than to investigate legitimate claims. Legitimate claims take up significant resources, time, and financial resources that the TMB may not have or want to extend.

What has happened as a result is that thousands of doctors have been targeted on frivilous or even made up matters. I have shown three, Dr. Rea, Dr. Kuhne and Dr. Shirley Pigott. Yet, these three are merely an opening to a pandora's box that would lead to thousands of doctors who's professional careers have been systematiclly torn apart by corrupt governing bodies with nefarious agendas.

In fact, I am in the finishing stages of a story that will blow the lid on the Texas State Nursing board and show it is no less corrupt than the TMB.

So, how does all of this come about? Well, first, the TMB and the nursing board report up to the highest executive in the state of Texas, Rick Perry. If both these boards are systematically corrupt, then ultimately responsibility lies with him. Most of the corrupt players like Dr. Keith Miller, Dr. Roberta Kalafut were either chosen directly by Perry himself or spent years corrupting the board while he was governor. His lack of action in confronting their corruption ultimately means that he must be held to account for the thousands of lives ruined by this corrupt board.

Now, those reading this are likely to look at these cases in the abstract. Imagine yourself in the position of one of these doctors that was the victim of sham peer review in which charges were trumped, prosecuted, and judged by the exact same corrupt force. Dr. Kuhne has had to spend six figures to defend himself. His case is still not resolved to this day and it all started in 2004. Dr. Pigott was threatened with the removal of her license and with it her career on charges so absurd that they are the medical equivalent of J walking. Of course, their stories have finally been told. What about all those doctors that suffered in silence?

Of course, Texas is not the only state in which I have discovered systemic corruption. I found myself involved in all of these stories after working on uncovering the systematic corruption at Grady Hospital, one of the three largest hospitals in the country. Grady has been pilfered and corrupted for decades, and that corruption continues to this day. In that situation, most of the corruptors continue to be gainfully associated or employed by Grady to this day.

In South Carolina, Dr. Blake Moore exposed one of his nurses as a serial killer. Rather than prosecuting the nurse, Dr. Moore is in the fourth year of legislative battle with the State of South Carolina. In fact, for the last two plus years, the opposition to his case has been handled directly by the Attorney General, Henry McMasters, himself.

I am in the process of uncovering the systematic cover up of child abuse by the Connecticut Medical Board. I am certainly not suggesting that every medical board in the country is corrupt, but how many is too much? Why is the public perfectly comfortable with the Texas Medical Board being systematically corrupt?

This brings me to the next problem. That is the media. The media was all over the story when they discovered that the TMB wasn't prosecuting cases aggressively enough. When that lead directly to abuse the media was nowhere to be found. All of the doctors I spoke to in Texas told me that I had given them more time than any of the traditional media in their state. Isn't the systemic abuse of doctors a story worth printing? How can the corruption be cleaned up if no one even knows it exists?

In Atlanta, the Atlanta Journal Constitution isn't merely asleep at the wheel in reporting the systemic corruption going on at Grady Hospital, but they are likely active participants in its cover up. If the media refuses to expose corruption, then the corruptors have free reign to act as they will.

All of this is NOT just abstract. I have already shown that Blue Cross/Blue Shield has likely systematically corrupted the system to target those doctors that it feels cost them too much money. The stories I have uncovered lead me only to conclude that at least the states of Texas, Georgia, and South Carolina have their entire health care system systematically corrupted. Does anyone really think that the corruption is limited to these three states only. Is it really any wonder that health care costs are skyrocketing? Does anyone really think that we can continue to sit by while the system is corrupted from top to bottom and expect to "fix health care". Maybe, just maybe, it is the systemic corruption that is in and of itself ailing health care.

While the politicians are debating universal health care, health savings accounts, and tax breaks, no one is talking about the systemic corruption that is eating away at the system. Dr. Kuhne told me that he firmly believes that the aggressive TMB action has caused doctors in Texas to practice medicine much more defensively and be careful of their every little movement or wind up facing the wrath of frivilous TMB charges.

Furthermore, the tragic irony is that the TMB is ultimately a fairly unnecessary entity even if it doing its job properly. The medical system provides several layers of protection to patients against bad doctors. The market is the first layer. Bad doctors simply lose patients. The second is the plethora of rules and regulations that doctors always have to follow. The third is that all insurance companies have their own investigative bodies and patients that were wronged can always report their cases to them. Despite its questionable usefulness, the board has not only been corrupted but systemically corrupted.

Furthermore, sham peer review is not even a criminal offense. Sham peer reviews can only be pursued civilly. Furthermore, members of the TMB, and other government organs, enjoy total immunity from any prosecution anyway. Thus, this creates a great deal of power centered in the hands of groups like the TMB, and at the same time, the media refuses to act as a watchdog to make sure that power is used properly.

Thus, I can only lead to conclude that the health care crisis will not be resolved in any meaningful way by either political party until stories like the ones I am bringing to light are exposed to the mainstream, and the systemic corruption they expose is dealt with and eliminated. Until then, any rhetoric on fixing the so called health care crisis is nothing more than cheap rhetoric perpetrated by folks that have no idea what the inherent problem is.

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Blue Cross/Blue Shield Vs. Private Family Physicians...Corruption in Texas III

If this is the first time you have read this series, then I suggest you read part 1 and part 2 first.

There are only three ways to digest what I have revealed in the first two parts of this piece. The first is that Dr. Shirley Pigott is off her proverbial rocker and I have been taken in by a fraudulent story. Thus, by extension, there is no larger meaning. The second is that Dr. Pigott's story is true and accurate however her case happened in a vacuum. The third, and the one I will explore, is that her case opens up a pandora's box of corruption in which BCBS has decided to systematically corrupt the system in order to weaken their rivals the private family physicians.

Let's review what I have laid out. Three doctors, Dr. Doug Curran, Dr. Keith Miller, and Dr. Fred Merian, were simultaneously in significant positions of power in the Texas medical community. Dr. Curran was the head of the Texas Academy of Family Physicians. Dr. Miller was head of the Texas Medical Board's Disciplinary Committee. Dr. Merian was head of the Texas Medical Association. At the same time, these three were also members of the super secret BCBS Texas Medical Advisory Board. In other words, they were playing both sides of the fence. They represented the interests of doctors, and at the same time represented the interests of BCBS against doctors. Furthermore, Curran and Miller played a crucial role in attempting to weaken and intimidate Dr. Pigott in a process known as sham peer review.

It is possible but unlikely that these three found their way into these simultaneous roles by accident. It is also possible but unlikely that Curran and Miller played such a crucial role in Dr. Pigott's sham peer review by accident. It is also possible but unlikely that the Texas Medical Advisory Committee at BCBS is the only state in which such a committee exists.--

What is more likely is that these three were helped into their position of power by BCBS in order to help execute corruption against doctors like Dr. Pigott. It is also much more likely that most if not all states have their version of the Texas Medical Advisory Board.

Again, the relationship between private family physicians and insurance companies like BCBS is a naturally confrontational one. That's because, like I mentioned in part 2, private family physicians are the most motivated class of doctors to maximize the amount of money they charge the insurance companies. This naturally confrontational relationship is probably good for the system as long as both groups maintain relatively equal power and both play by the rules. What this case illustrates is that BCBS isn't playing by the rules. I will also illustrate that the power is not split anywhere near equally.

It's important to understand that the private family physician is not the high ticket field in medicine. Private family physicians treat patients before they get sick. Thus, their bills are nowhere near the range of doctors like surgeons. While this may not mean anything to the average reader, it's important to realize that doctors leave medical school with likely six figures worth of student loans. There is an immediate lack of motivation for the field of private family physician among most other fields of medicine.

Yet, the private family physician is on the front lines health care. They treat patients before they get sick, and their worth is measured by how few of their patients actually do get sick. The concept of preventive medicine is most often practiced by the private family physician. You will only see a surgeon once you already are sick. You see the private family physician in order not to get sick. In fact, this is a concept that BCBS likely understands all too well. It's likely that they don't want to eliminate private family physicians. More likely, BCBS would simply like them to work for the medical equivalent of slave labor. In the case of Dr. Shirely Pigott, BCBS could have simply kicked her out of their contract. They had already found that her billing records were bloated and she had become a leader in bringing about change to challenge BCBS' own strong arm billing tactics.

BCBS never took that step, and that's likely because most of Dr. Pigott's patients never got sick. Her practice ultimately made them money. What BCBS wanted to do was pay her as little as possible for keeping her patients, and their insurance clients, well. This would be just fine if they were playing fairly and if the power was spread relatively equally between the two. Unfortunately, neither of those two happened.

It is likely that there are cases like Dr. Pigott's all over the country. It is likely that BCBS is trying to do such things to private family physicians everywhere. If that is so, then what BCBS is doing is destroying the market for future private family physicians. All those doctors who's job it is to keep us well will slowly disappear. While BCBS would like to keep them around at slave wages, that isn't how markets work. If it is impossible to make a good living in private family practice, then eventually medical students will stop gearing their educations toward that practice.

This campaign will have the future of health care at its center, and I doubt that anyone will talk about this case. That's too bad. This case of corruption and many others like it contribute just as much as any other reason to the skyrocketing costs of health care. It is my opinion that BCBS has decided to systematically weaken the one class of true capitalists in the medical system. If the system has been corrupted by one of the players, and the corruptor is sytematically making it impossible to work in another part of the sytem, then I would say that has just as much to do with the breakdown of the system as anything. Yet, none of the Presidential candidates are talking about cleaning up the systemic corruption going on in the system.

Did you know that health insurance providers enjoy limited exemptions to the Sherman Antitrust Act?






The exemption that the insurance industry has extends only to insureds. Insurance companies do not have an antitrust exemption in dealing with providers


Maybe, that's why in Texas BCBS holds insurance for about one third of all patients. Does it sound as though BCBS and the private family physicians enjoy relatively the same amount of power? In Texas, BCBS is nearly the only game in town as far as insurance providers. If you are a doctor and not licensed with BCBS, then I wish you luck in maintaining your practice. The doctor needs BCBS a lot more than the other way around. Thus, the old saying applies






absolute power corrupts absolutely

BCBS enjoys relative immunity from Sherman and the doctors have no choice but to use them. Is it really altogether surprising that the organization then goes on and attempts to corrupt the system?

Then, there is the media. Why am I the first media of any kind to publish Dr. Pigott's story? It certainly wasn't from lack of trying on her part. She approached most of the major media outlets in Texas. None of the print and television media followed up with this story.

This isn't the first time that I have been involved in a case of major fraud involved in the medical field in which the media has been nearly silent. I have covered the corruption at Grady Hospital in Atlanta, and there the AJC has been largely silent on the corruption as well. I also broke the story of a cover up of a serial killer nurse in South Carolina and in that case the media in South Carolina also refused to tell that story. Dr. Andrew Agwunobi has gone on a cross country tour of medical corruption and none of the media anywhere on his stops have ever done anything more than go through the motions in investigating him.

It is hard to know why the media won't cover this story, however I would bet that health insurance companies like BCBS are major advertisers. Their motivations are ultimately beside the point. Corruption only exists if the media fails to do its job. Until the media starts to take this sort of corruption seriously it will continue.

This problem won't be solved easily, but there is a good place to start. The place to start is by making sham peer review illegal and by the government on all levels making prosecution of its perpetrators a top priority. I have only scratched the surface with my reporting. There are thousands of doctors being abused by sham peer review every year. Not only does it disrupt and even ruin their lives, but it also corrupts the entire health care system. We can't solve the so called health care crisis if the system is corrupted. Hopefully, everyone reading this understands the implications of what it leads to. As we continue with the health care debate, it's time someone addresses the systemic corruption within it. Until we do, all other solutions will be of little use. A corrupt system is a broken one, and that is what we have in health care today.
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Blue Cross/Blue Shield Vs. Private Family Physicians...Corruption in Texas II

Introduction: Please note, if you haven't read the prologue to this piece, you can find that here. The prologue is an introduction to the overriding principles that this case uncovers. Please take a minute to read that in order to understand this portion better.

As the story I am about to tell unraveled for me, I couldn't help but notice some similarities between it and the movies of two of my favorite directors, Sergio Leone and Robert Altman. Those two film legends often told their tale by unfolding multiple story lines all at the same time and skipping from one sub plot, seemingly randomly, until the entire puzzle fit into place at the end of the film. Such is the story of the way in which BCBS, and their surrogates Dr. Doug Curran, Dr. Keith Miller, Dr. Fred Merian, retaliated against private family physician Dr. Shirley Pigott of Victoria, Texas. This story, much like other stories of corruption that I've covered, has many twists and turns.





Since, the reader can easily get lost in all the twists and turns, I will introduce many of the characters and entities that are involved first. Dr. Doug Curran is private family physician in a modest area of Texas. He is also the former head of the Texas Academy of Family Physicians and continues to be one of three members of the super secret BCBS Texas Medical Advisory Committee. The TAFP is the Texas branch of the American Academy of Family Physicians. The AAFP is the most powerful special interest group representing family physicians. Dr. Curran serves on the super secret BCBS Texas Medical Advisory Committee with two other doctors, Dr. Keith Miller and Dr. Fred Merian. Dr. Miller is currently a private family physician in Center, Texas and he was during the events in question the head of the Texas Medical Board Disciplinary Committee. That committee is in charge of judging cases of purported malfeasance by doctors in Texas. Dr. Fred Merian is the third person on the BCBS Texas Medical Advisory Committee and he was during the time in question also the head of the Texas Medical Association. The TMA is the biggest association of doctors in Texas.





Dr. Shirley Pigott is a practicing private family physician for twenty five year private family physician in Victoria, Texas. She was also during the time in question an active member in the TAFP. Jim White was the executive director of the TAFP during the period in question. Dr. Doug Henley was the Executive Director of the AAFP during the time in question. Dee Whittlesey was the "physician's advocate" for BCBS during the time in question. )Katie Johnsonius was an attorney at the Texas Medical Board. Scott Freshour was head of litigation at the TMB. Finally, Robert Simpson was lead general counsel at the TMB. (all during the period in question) Dr. Pigott went through the process of medical peer review at the Texas Medical Board. This involved a process called an informal settlement conference. This was the TMB's equivalent of a hearing and this hearing was presided by Dr. Keith Miller. The committee rendered its findings in writing, and the process of appealing these findings went through a state agency called the State Office of Administrative Hearings (SOAH). Dr. Pigott eventually hired former surgeon and semi retired attorney Clark Watts to represent her at this hearing.





The story starts in the middle of 2002 when BCBS sent Dr. Pigott a correspondence. BCBS determined that her billing practices raised suspicions and thus they were going to formally challenge them. Unbeknownst to Dr. Pigott at the time was that the committee responsible for going over her billing was the BCBS Texas Medical Advisory Committee made up of Curran, Miller, and Marien. This case was resolved several months later with BCBS deciding that some of Dr. Pigott's treatment bills were too large, and they took their standard financial action. (in other words they docked Dr. Pigott some fees and payments)





At roughly the same time, there was a growing and more restless set of AAFP members. These members were private family physicians. Throughout the country members complained that they were being squeezed, intimidated, and targeted by insurance companies. Many members complained that the AAFP wasn't doing enough to represent their interests against insurance companies. After about a year, the group finally decided to stop complaining and do something about it. What eventually grew was a group of doctors that called themselves the "35 group" (because the group initially had 35 members). They formed an alliance of private family physicians that was going to demand action from the AAFP.

The "35 group"* came up with three mandates that they planned on presenting first at the state level and eventually nationally. The three mandates were as follows: 1)the AAFP was going to be more aggressive in representing the interests of family physicians, 2)it was not acceptable for insurance companies to refuse to pay for medically necessary office tests or minor procedures 3)a clearing house would be created for complaints of family physicians to be shared among members of AAFP. These three mandates would serve as the bedrock for a new commitment for the AAFP to serve the interest of its private family doctor members more aggressively.

Dr. Pigott was put in charge of getting these three mandates through the Texas branch of the AAFP later that year in 2005. The proper procedure in the TAFP would for these three mandates to be debated in the Health Care and Managed Care Services Committee. The committee was enthusiastic about the three mandates and there was near unanimous agreement that this be moved to the full TAFP. Only one doctor argued against the resolutions - Dr. Doug Curran. Dr. Curran was not even a member of this particular committee. He was however the President Elect of the TAFP and decided to sit in on this particular hearing. At this time, Dr. Pigott had only heard of Dr. Curran, and this was her first direct contact with him. Despite Curran's dissension, the mandates passed and eventually they were passed in the national organization (AAFP) later that year.

In March of 2006, Dr. Pigott treated a peculiar patient. (due to the doctor/patient relationship the name obviously can't be revealed) The standard procedure that Dr. Pigott uses in her practice, initially, for a patient who wants her "health risks" evaluated is to take a medical history and order several basic lab tests. Then, when the tests come back, Dr. Pigott would meet with the patient to interpret the tests. It is this second appointment where Dr. Pigott would teach the patient what the tests meant and what the patient can do to improved her health risks. It is now that proper dieting, exercise, and frankly general lifestyle changes can be recommended based on the results of the tests. This particular patient didn't want any part of the second meeting. She sent Dr. Pigott's office a letter requesting that the tests be mailed to her, in violation of Dr. Pigott's policy. A second letter was more confrontational and threatened a complaint to the medical board if the tests weren't sent. According to a board rule, the patient has the right to receipt of those tests within 15 calendar days.


Because the behavior was so unusual, things unfolded before anyone realized. Dr. Pigott's administrative staff received the letters. The tests weren't sent because that is not the procedure. Dr. Pigott wasn't made aware of the letters until just more than 15 days had gone by. The tests were then sent out and no one thought about it again for a while.

In July of 2006, Dr. Pigott again prepared to present that year's mandates on behalf of the group of 35. These were several specific mandates in pursuit of accomplishing the goals of the mandates passed the previous year. Dr. Pigott expected this particular hearing to go fairly smoothly. She had been in contact with the TAFP for months, and each of the mandates had been announced to the organization. Dr. Pigott believed prior to the hearing that this would nothing more than a mere formality.

The hearing went nothing like she expected right from the start. The hearing was scheduled for two hours and it was an hour and forty five minutes before she was even allowed to speak. Each of her proposals was met with resistance. Members claimed that mandates were already being covered by other mandates, or that they had already been addressed. No matter what Dr. Pigott proposed, the committee had a confrontational response to it. Not only were each of the mandates killed but Dr. Pigott felt humiliated by the treatment of the committee. The person that was leading the charge in resisting each of these mandates was of course none other than Dr. Curran. Again, he wasn't even part of the committee, but rather decided to sit in as part of his duties as President.

Within months, several other things happened. First, Dr. Pigott was formally notified in writing of an upcoming informal settlement conference to settle a complaint by the previous patient who claimed that Dr. Pigott didn't return their lab reports in proper time. Then, Dr. Curran appeared in this advertisement for BCBS





Then this puff piece about Dr. Curran appeared on the internet

Dr. Doug Curran is everywhere these days. The longtime Athens-based family physician has been spotted in a few magazines you may have heard of, such as Newsweek and Sports Illustrated.

Through his longtime association with Blue Cross Blue Shield of Texas, Curran appears – wearing his white lab coat, clutching a stethoscope and looking more serious than one usually finds him – in a series of their print ads.

While those ads have garnered him the most attention over the last few months, a less visible appearance in another magazine carries even more prestige.On page S-18 of December's Texas Monthly (S for Super), Curran's name is listed under the Family/General Practice section of "Texas Super Doctors
2005."
BCBS was referenced in connection to Curran throughout the article and Dee Whittelsey was even quoted in the article throwing fawning praise at Curran. Dr. Pigott found these two things to signal a gross conflict of interest. In fact, it likely violated the Texas Medical Practices Act's position on so called testimonial advertising. Dr. Pigott began reaching out to anyone that would listen. She went up the chain of command at not only the TAFP but the AAFP. She even reached out to Dee Whittelsey herself. She even made several attempts to contact Curran himself. She called Jim White and Doug Henley along with Whittelsey and Curran.


The responses ranged from no comment to simply that none of what she complained about was in fact a conflict of interest. Dr. Pigott was not satisfied. She decided to use listserve. Listserve is the intranet chat room for all members of the AAFP. She complained on listserve that she believed the advertisement, the article, along with Curran's confrontational behavior amounted to a conflict of interest.

Finally, Dr. Curran confronted Dr. Pigott directly by phone. During a twenty minute conversation, Curran vigorously defended his actions and refused to acknowledge any conflict of interest. Then, out of the blue Curran said this,




by the way, do you know I'm on the BCBS Texas Medical Advisor Committee

By September of 2007, her case came up in the informal settlement conference in front of the disciplinary committee chaired by Dr. Keith Miller. Dr. Pigott expected nothing more than a minor slap on the wrist. After all, not sending out lab reports with 15 days (she says the lab reports got to the patient in about 20 days) is frankly the medical violations equivalent of j walking.

Instead, Dr. Miller began questioning Dr. Pigott very heavily. Throughout the hearing Miller tried to get Pigott to admit to wrong doing. He asked questions like




isn't the failure to give lab reports a violation of your oath as a doctor


Dr. Pigott felt like a witness on cross examination. This simple hearing about a technical violation turned into an interrogation. There was typical around a six month lag time between the informal hearing and the written findings being issued and thus this portion wouldn't pick up until the beginning of March of 2007.

The next event was a memo emailed throughout the AAFP. The memo essentially said that Dr. Curran would no longer appear in advertisements for BCBS. The memo was worded carefully. It never assigned any wrongdoing to any of Curran's prior actions, however it did essentially say that Curran would cease all the activities that Dr. Pigott was concerned about.

In one week, at the end of February and the beginning of March, three simultaneous though seemingly divorced (on the surface at least) events happened. First, she received a letter from the AAFP saying that her list serve privileges would be suspended. Then, Dr. Pigott attended a special hearing of the TAFP to discuss the concerns that she had raised about Dr. Curran. Since he had promised to cease all the activities that concerned her, Dr. Pigott had decided that it was no longer necessary to bring any mandates against him up for debate. Thus, when called, she merely said she was fine.

The TAFP, lead by Curran himself, then proceeded to charge three mandates against Dr. Pigott: 1)Dr. Pigott acted nastily and inappropriately toward Dr. Curran, 2)the Committee had treated Dr. Pigott appropriately at the 2006 meeting (when all of the mandates she brought to the floor were voted down), and 3)Dr. Pigott must write a letter to everyone she contacted regarding this matter and essentially make a mea culpa.

Then, when she got home from the meeting, she received the written findings from the TMB Disciplinary Committee. (keep in mind again that this is all over a patient not receiving lab results in fifteen but about twenty days) Here are some highlights.

Board to take disciplinary action against Respondent based upon Respondent's unprofessional or dishonorable conduct that is likely to injure the public, in particular, the disruptive behaviors that could reasonably be expected to impact the quality of her patients' care, as described in Board Rule 190.8(2)(Q).(3) [c04-Vio Rule 165 – Med Recds] Section 164.051 (a)

...

For a period of one year from the date of the Board's entry of this Order, Respondent's practice shall be monitored by a physician

...

The Compliance Division of the Board shall designate the monitor and may change the monitor at any time for any reason. The monitor shall have expertise in a similar specialty area as Respondent. The Compliance Division shall provide a copy of this Order to the monitor, together with other information necessary to assist the monitor.

...

The Compliance Division shall select records for at least 30 patients seen by Respondent during each three-month period following the last day of the month of entry of this Order

Thus, to conclude, for being late in getting lab results, Dr. Pigott was

unprofessional or dishonorable conduct that is likely to injure the public, in particular, the disruptive behaviors that could reasonably be expected to impact the quality of her patients' care

The punishment for this behavior included being monitored by a doctor appointed by the TMB and access to up to 30 patient's records. I believe the term draconian comes to mind when analyzing this punishment.

At this point, Dr. Pigott finally realized for sure that something was rotten in Denmark, as Shakespeare might say. Dr. Pigott decided not to accept the findings. In her letter, Dr. Pigott disputed everything the disciplinary committee found and for the first time she used the term, sham peer review.

This incident is an egregious example of what is commonly termed sham peer review. Without conscience, certain members of the Board have defamed my character and have determined to cause me harm.

Sham peer review is a process by which medical peer reviews like the one that Dr. Pigott had just gone through get corrupted. They can be summarized by one simple phrase: judge, jury, and executioner. The corrupting forces usually not only bring the charges, but they are the ones presenting the charges, and also in a position to rule on them. (veterans of my work will remember the case of Dennis Lennox in which he faced his own cousin of sham peer review. The concept of judge, jury and executionor certainly applied to his case as well) In this case, while there is no proof, the patient was likely a plant, and the corrupting forces always planned to bring the case in front of Dr. Keith Miller so that he could issue this draconian charge.

She decided to investigate some of the players. The most important discovery was the discovery in the TMB website that listed in the bio of Dr. Keith Miller was his position in the BCBS Texas Medical Advisory Board. She began making inquiries to members of the TMB, TAFP, AAFP, and BCBS itself. Everyone she spoke to neither confirmed or denied his position on this panel. She shared what she had found with the TMB attorney Katie Johnonius. Johnonius was unmoved, and thus the battle would now move to SOAH, the medical peer review version of appeals courts.

Once she discovered this new information, she took everything she had and hired Austin, Texas lawyer Clark Watts. Watts took what she gave him and approached Scott Freshour, head of litigation at the TMB. (the head of litigation would take over the case from here). Freshour and Watts agreed to a reduced penalty. This penalty removed most of the draconian language but still instituted a heavy fine and other stiff measures (continuing education, lighter monitoring, etc). Pigott refused to take this. Watts approached Freshour again and this time they settled on a $500 fine and 10 hours of continuing education in patient safety.

While Pigott considered even a one cent fine extortion, she finally relented and accepted the terms of the reduced penalty. Pigott then proceeded to take her story to any of the media on Texas. She approached the Dallas Morning News, the Houstin Chronicle, the Corpus Christi Caller Times, the San Antonio Express, as well as her local Victoria Advocate. She even approached her local ABC affiliate. Despite the potential far reaching implications if this story is accurate, she was denied every single time. In fact, she told me that the conversations we had (I would estimate between 5-6 hours) in preparation for this story were the most that any media ever gave her. Even though one could reasonable hypothesis, that this case would open up a pandora's box that could lead potentially to uncovering systemic corruption perpetrated by BCBS upon the entire medical system, the media would have none of this story.

The media has also largely ignored the travails of Dr. Keith Miller subsequent to some of the events described here. A google search of Dr. Keith Miller finds only certain activist groups reporting on his corruption

Notorious Texas Medical Board (TMB) henchman, Dr. Keith Miller, abruptly resigned his position on the TMB on Friday, September 7, 2007.

Miller’s resignation was due to the intense scrutiny of his abusive and tyrannical actions against physicians while on the TMB. It was also due to his relationship with Bridget Hughes, his Nurse Practitioner. Bridget Hughes, who was found to be a narcotics addict by the Texas Board of Nurse Examiners while employed by Miller, continues to work as Miller’s nurse practitioner at his office in Center, Texas. Hughes had her prescription writing ability suspended when she was disciplined by the Texas Board of Nurse Examiners (TBNE) on April 16, 2007 for stealing (50) triplicate prescriptions from her previous supervising physician employer and forging his name to obtain narcotics for her own use.


The story mentioned regarding a nurse of his stealing 50 pills of a controlled substance and forging Dr. Miller's name. Yet, this nurse practioner, Bridget Hughes, has never been brought up on charges, and you aren't going to find much mention of this crime anywhere in the Texas media.

In part 3, I will discuss my conclusions and the implications I see of this case, including the near black out by the media. So please follow the link for the conclusion of this series.
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Blue Cross/Blue Shield Vs. Private Family Physicians...Corruption in Texas


This is Dr. Doug Curran and the picture you are looking at is an advertisement he did for Blue Cross/Blue Shield. This testimonial and the story that surrounds has major implications on the way that health care is determined today. This is the first of a three part series that will examine Curran's role in a serious and systematic corruption by Blue Cross Blue Shield. In the first part, I will lay out some serious charges against Curran and some other colleagues as well as Blue Cross Blue Shield itself. In the second part, I will lay out the evidence to prove those charges. In the third part, I will give my conclusions for what all of this means in the larger health care debate.




Dr. Curran is a private family practioner in Athens, Texas at the East Texas Medical Center. By appearing in this advertisement, Curran appears to have violated the Texas Medical Practice Act's ban on so called testimonial advertising. Furthermore, he violates all sorts of ethics regarding conflicts of interest by appearing in an advertisement for his most significant insurance carrier. The whole affair becomes even more curious when only a few months later a puff piece with quotes from BCBS hierarchy as well as references to BCBS finds its way through the internet.


Dr. Doug Curran is everywhere these days. The longtime Athens-based family physician has been spotted in a few magazines you may have heard of, such as Newsweek and Sports Illustrated.

Through his longtime association with Blue Cross Blue Shield of Texas, Curran appears – wearing his white lab coat, clutching a stethoscope and looking more serious than one usually finds him – in a series of their print ads.

While those ads have garnered him the most attention over the last few months, a less visible appearance in another magazine carries even more prestige.On page S-18 of December's Texas Monthly (S for Super), Curran's name is listed under the Family/General Practice section of "Texas Super Doctors 2005."



...



Dr. Dee Whittlesey describes Curran as "a physician's physician.""He's a man who cares deeply for his patients and will go to any lengths to make sure they get the best care," said Whittlesey, who serves as VP in the Office of Physicians Advocacy for Blue Cross Blue Shield of Texas. Before that she worked 23 years in obstetrics and gynecology.



As you can see, besides appearing for an advertisement for BCBS, Dr. Dee Whittlesey of BCBS is quoted within this article. Furthermore, his connection to BCBS is mentioned multiple times throughout the article. It is one thing to have a good and professional relationship with your insurance provider, however it is quite another to simply get into bed with them. This article and the advertisement previous to it are two examples of a long and winding story in which Curran wasn't merely friendly and professional with BCBS, but in bed with them.




Besides being a small town doctor, Dr. Curran was also, for several years, the head of the Texas Academy of Family Physicians (TAFP). This is the Texas branch of the most powerful organization that represents the INTERESTS OF FAMILY PHYSICIANS. Furthermore, Dr. Curran is one of three members of super secret committee of the Blue Cross Blue Shield Texas Medical Advisory Committee. This is a committee that the general public is likely not supposed to know exists. This committee reviews the performance of other family physicians that are contracted with Blue Cross Blue Shield and determines if any have stepped out of bounds. Furthermore, this committee is intimately involved in determining proper punishment for those physicians that Blue Cross Blue Shield determines to have stepped out of bounds. In other words, Dr. Curran is playing both sides of the proverbial fence. Not only is he representing the interests of family physicians, (Of course, many times those interests confront the interests of BCBS) but he then turns around and represents the interests of BCBS against family physicians.




Curran serves on this BCBS committee with two other physicians, Dr. Keith Miller, and Dr. Fred Merian. Dr. Keith Miller was also the long time head of the Texas Medical Board Disciplinary Committee and Merian was the head of the Texas Medical Association. Furthermore, Miller is a private family physician in a town called Center, Texas. This is a town of a few thousand, and Miller has spent his entire professional life serving in relatively small towns like Center, Texas.

Several issues should already come to mind. Why are three such powerful people also in a position of power at BCBS? How does a doctor centered in a relatively small town wind up finding himself in the middle of so much disciplinary and decision making power? The answer is that these three were put there by BCBS to corrupt the system to punish private family physicians in Texas that BCBS determined were too expensive.

The relationship between private family physicians and BCBS, and other insurance companies frankly, is a naturally confrontational one. Unlike doctors at big hospitals, private family physicians get paid by the medical version of commissions. Ulike doctors at large hospitals or hospitals associated with universities, private doctors only get paid when they have patients. Furthermore, there is a sliding scale that BCBS, and other insurance companies use, to determine how much they get paid. The more comprehensive leads to more fees. This is determined by patient evaluation forms that doctors fill out. Whereas doctors at hospitals rarely if ever fill these forms out, private doctors use this as the lifeblood of their business. Think of private family doctors as the ultimate capitalist in the medical field. They have to fight for every nickel they make, and they are the ones most motivated to fight for it.




The BCBS Texas Medical Advisory Committee reviews the billing of private doctors in Texas. Keep in mind that Dr. Miller, for one, is himself a private Texas doctor. This is of course an obscene conflict of interest. Unfortunately, the corruption doesn't end there. BCBS employs these three to procure a practice known as sham peer review. Sham peer review is the corrupted process of medical peer review . Instead of determining whether or not a doctor stepped outside of medical guidelines, sham peer review merely punishes doctors that powerful forces deem a threat. The process can be summed up the phrase: judge, jury and executionor. The corrupt force finds a way to bring up trumped charges, they have someone on the panel's jury, and they usually have someone presenting the evidence. Dr. Miller's position as head of the disciplinary board puts him in a unique position to corrupt a legitimate peer review and turn it into a sham peer review. In other words, these three don't merely work for BCBS to perform private physician evaluations, but rather, they are strategically placed by BCBS within all parts of the medical system to corrupt it to punish those doctors that BCBS determines to be a threat.

As such, these three doctors have gotten into bed with BCBS in order to help BCBS root out those of their colleagues that they determine too expensive to keep around.

In part 2, I will tell the story of Dr. Shirley Pigott. She is just one of those doctors that BCBS determined too expensive to keep around, and as such, she wound up crossing paths with all three as she was systematically retaliated against through
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