What's Coming Up in the Geier Case...

Opinion by Consumer Advocate  Tim Bolen 

Monday, June 13th,  2011

It is surprising to the average American to find out that "the system" we the people put in place to monitor our interests, a good part of the time, simply does not work.  It becomes corrupted by the very people we entrusted.

Parents of Autistic children are the latest group to find out this harsh truth.  They, without doubt, are among the worst of the victims.  They join, for instance, families of Cancer victims, who, themselves, thought our American health care system had value - until one of theirs met the US Cancer Industry - and they watched their loved one die horribly to be followed up by a hospital's collection agents come after the survivor's home to pay "the co-pay."

An entire government bureaucracy has been set up surrounding vaccines.  Whole State, Federal, and local agencies are dependant on the myth that vaccines have safety and efficacy.  Overwhelming evidence shows they have neither.

In fact, the evidence is SO OVERWHELMING that those same government agencies hide that data.  The Center for Disease Control (CDC) blocks any and all access to vaccine adverse event information.  They have to, I suspect, for if the facts were known no one would vaccinate their children - and the system would come down overnight.

More, of course, we know that the system attacks those that attempt to breach those barriers.  Look at the ferocity of the attack on Andrew Wakefield MD over just questioning one vaccine. 

And then, of course, there is the even more ferocious attack on Mark and David Geier.

But, first let's look at some history.

The Maryland Board of Physicians Has a History of Ignoring Due Process - and Getting Sued For It...

Just a few years ago an Alternative Medicine Psychiatrist, Alice Lee-Bloem MD, had a run-in with the Maryland Board of Physicians, and before the case was over the Maryland Board found itself Defending in Federal Court in Baltimore over issues of "Due Process" violations.  In short, very much like in the current Mark Geier MD case, someone at the Maryland Board had decided that they, being godlike and all , didn't need to follow any rules concerning rightful Due Process.

Maryland Attorney Alan Dumoff and Manhattan based Jacques Simons immediately attacked Maryland in federal court.  The court ruled, however, that since Maryland had not exhausted, yet, the State mandated Administrative Process that the court would not take jurisdiction - and they forced them to wade through the adminstrative process, which they did.

Unfortunately for the State, the Administrative Law Judge (ALJ) made it clear that the Maryland Board had NO CASE against the doctor and recommended Dismissal.  The Maryland Board, like most States, does NOT have to accept the ALJ's decision, and can make one of its own.  But, standing there waiting for the Board's Decision were Alan Dumoff and Jacques Simons ITCHING to get back into Federal Court, now that the Administrative Process was completed.  The Board concurred with the ALJ's recommendation.  You can read about this case here.

But now we have the question once again - Did the Maryland Board learn its lesson, or will it be sued again in Federal Court?

What Am I Getting At?

There are rules to be followed in prosecuting cases against doctors in every State.  That includes Maryland.

In the Mark Geier MD "Summary Suspension" situation, this coming Thursday, June 16th, 2011 the State Board is going to have to show an ALJ, who does not work for the Health Department, that they had adequate justification to immediately suspend Mark Geier's license to practice medicine.  Their chances of making that happen are slim and none.  They do not even come close to making the minimum argument.

Example - where is the "immediate danger?"  Where are the two "independent expert reviewers" that agree on the danger?  The State doesn't have either of these - never did.

So, What is About to Happen?

On June 16th, 2011 a scheduled five day hearing will begin in front of an Administrative Law Judge on on simple issue - Does the State of Maryland Board of Physicians have justifiable cause to summarily suspend Mark Geier MD's license to practice medicine?  At the end of the hearing the Judge will make a recommended Decision.  Then the Board itself will review the ALJ's recommendation - and make a decision of their own.

It is simple - if the Decision goes against Mark Geier MD then its Federal Court here we come...

But, it won't.

Stay tuned. 

Tim Bolen - Consumer Advocate