Public agencies have relied on the “quackbuster” operation for expertise in health care issues far too long. The time when an agency could fly some “quackbuster” bozo in for a hearing, have them testify to nonsense for a few hours, and stuff them back on a plane, fat check in hand, with the sure knowledge they had a “win” is long gone. The State of Pennsylvania Chief Counsel’s office and the Pennsylvania Dental Board found that out the hard way, over almost a three year period, in the “Commonwealth of Pennsylvania v. Stephen R. Evans, DDS” case.
The case, which began in 2003, upon the complaint of one of the “quackbuster” nitwits, dragged through Administrative hearings, Superior Court, and back to Administrative hearing, then finally found its way back to the Dental Board – with Orders from the Superior Court AND an Administrative Law Judge to decide, completely, and unarguably, on behalf of the Respondent Stephen R. Evans DDS.
The case was one of those affronts that popped up all over the country attacking dentists who were treating (1) NICO (Neuralgia Induced Cavitational Osteoporosis), (2) made use of the FDA approved Cavitat Medical Device, and (3) recommended vitamins and supplements to their patients. There was a flurry of these, they’ve virtually all been beaten off – and I’ll be talking about that situation separately.
The Pennsylvania Dental Board, and the Chief Counsel’s staff assigned to this case learned more than just not to rely on “quackbuster” nonsense. They learned four more hard lessons: (1) You can’t defeat real science with crackpot crap. (2) NICO is real – and it isn’t going away. (3) The Cavitat device works just like its company President, Bob Jones, says it does. (4) Cutting-edge dentists, interested in updating American dentistry, will fight attacks on their practices – and they will win.
Even better – Stephen Evans DDS’s victory had to rub the “quackbuster” psyche raw – for the “quackbuster” front-man, Stephen Barrett, runs his goofy website “quackwatch.com” out of his basement in Allentown, Pennsylvania. Once more – Barrett got mega-trammeled in his own home State.
So, what actually happened?
In short, the State of Pennsylvania, relying on quackpot legal arguments, dreamed up, I think, in a basement in Allentown, Pennsylvania, cost the taxpayers a bundle of cash for a prosecution that simply should not have happened. The result of the legal action backfired on Pennsylvania, and the “quackbusters”, and solidified, and now protects, biological dentistry, the Cavitat device, and the sale and recommendation of vitamins and supplements by dentists, in Pennsylvania – and very likely, the rest of the US.
More – the State of Pennsylvania originally started out this case with Robert S. Baratz MD, PhD, DDS (Bobbie Baratz) as their witness. But, before long, they dropped him cold, and went for someone else, who, in the end, turned out no better than Bobbie would have been. The word’s getting around about Bobbie.
On April 11th, 2007, a letter was sent to Stephen Evan’s attorney Charlie Brown by representatives of the Pennsylvania Chief Counsel’s office saying: “Enclosed please find an Order issued by the Pennsylvania State Board of Dentistry adopting the hearing examiner’s proposed adjudication in the above referenced matter.”
There were five parts to the Order. (1) The History. (2) The Discussion. (3) The Conclusions of Law. (4) The Findings of Fact. (5) And the Order itself. What is of vital importance, nationwide, to dentistry, are two things, as part of the order, in this case: (1) The conclusions of law, and (2) the findings of fact. Since I have a copy that has obviously been FAXed and reFAXed several times, I’ll pull out the important parts for you.