Doctor's Data v Barrett "Second Amended Complaint" to be Filed - and More...

Opinion by Consumer Advocate  Tim Bolen 

Saturday, September 18th, 2010

This case is becoming an Event to watch...

In mankind's not-so-distant past we used to have public hangings of criminals.  It was a popular spectacle.  Citizens would gather from miles around for the Event - and would cheer when the executioner pulled the trap handle and the criminal dropped to his death. 

Sometimes, in our so-called Modern Society, certain elements condemn what used to occur in public, suggesting that the penalty was too severe.  What these critics failed to realize was that "hanging" was reserved for the worst of the criminals - those that had obviously, and with disdain for for the public good, done horrendous acts - usually involving the suffering and death of many.

So, the ridding, by society, of these people, was very much something to cheer about.  After, people could sleep in their beds in relative safety knowing a beast was gone.  Public hangings were, in fact, therapy for a long-suffering community.

That's the way I look at what's happening to the quackbusters in the Doctor's Data v Barrett, Federal Court case.

It really needs to be a public spectacle.  It has been a long time coming, and when it's over people can sleep safely for a long while until another beast makes its appearance.

So, get the kids cleaned up.  Give them some spending money for cotton candy and snow cones, and come down and join your friends to watch the Event.  There'll be a barbeque afterwards.  Maybe some fireworks.

What's currently happening...

(1)  Weird old Wally Sampson has come on stage - I am sure, with considerable reluctance.  Wally, for those of you that aren't familiar with this continuously sneering, pompous, goofball, made up a public life so as to impress us all with his qualifications and public statements.  Wally (insert a chuckle here) is the self-styled Editor of Paul Kurtz's  Scientific Review of Alternative & Abberrant Medicine - published by Prometheus Press.  Wally claims, as his credentials, that he is a Professor Emeritus from Stanford University.  In short - old Wally NEVER taught a course at Stanford, and probably couldn't even find the campus.

More, Wally was declared, along with Stephen Barrett in the NCAHF v King Bio case, to be "biased, and unworthy of credibility."

So how is Wally involved?  Well, on July 19th, 2010 old Wally received, in the US Mail, a "Waiver of Service of Summons" letter offering the National Council Against Health Fraud (NCAHF), of which Wally is the NCAHF "Agent for Service," the "opportunity" to get 60 days to respond in stead of 21 if they agreed to accept service by mail.  Wally did accept, as you can see by the form, also acknowledging that a judgment could be entered if an answer was not submitted to the Court within the time period.

Ummmm - the time ran out on September 17th, 2010 (that was yesterday).  there has been no Response - not even an appearance by an attorney for the NCAHF. 

(2)  Doctor's Data has filed a Motion for Permission of the Court to file a "Second Amended Complaint."  There is a hearing scheduled for September 23rd.  I'll get back to you with the details.

(3)  It has been 78 days since Stephen Barrett was served with a Summons in the case, and still no Response has been filed.

(4)  No "lead attorney" has made an appearance for Barrett, or any other Defendant.  Only one of the Defendants, Stephen Barrett, has even had a "local attorney" show up.

The fun is starting.

Stay Tuned...

Tim Bolen - Consumer Advocate