Opinion by Consumer Advocate  Tim Bolen 

Friday, November 19th, 2010

The  Doctor's Data v Stephen Barrett Federal Court is, by far, the most important court case involving health care in North America, for, for the first major time the group that conspires to damage emerging health care systems in favor of the status quo is, itself, under major attack, and will likely be destroyed by this action.  And, it is about time.

Federal Court cases tend to drag on.  So that we don't lose track of what's happening in the Doctor's Data v Stephen Barrett Federal Court case I'm going to summarize the case for you to date, by outlining what has already happened.  Then I'll give you an idea of what is going to happen next.

In short, we are all waiting for the Discovery Schedules due December 6th, 2010.  With that we'll be able to predict what will happen, and when it will happen.  Discovery will be the key to breaking up the quackbuster conspiracy and impoverishing its members.  With luck, enough information may be gathered to convert this case into a full-blown RICO action with all of the likely consequences.

Discovery in this case, however, isn't going to be a piece of cake.  It is going to be a knock-down, drag-out, fight.  I suspect, for instance, that Barrett, and his minions and masters, have been running the paper and electronic shredders night and day, trying to get rid of the evidence tying their operation together.  But will that do them any good?  Nope.  Everything is right there for all to see - no matter how many hard drives "suddenly fail" getting rid of information.

Why do I say that?  Because that old adage "Give them enough rope and they will hang themselves..." turned out to be a very good strategy.  Barrett's minions and masters walked right into the trap, arrogantly brandishing their operation as though it was invincible. It is almost as though each of them was born with a ring in their nose that virtually anyone could attach a leash to.

Simply speaking, the entire conspiracy has already been identified completely, with details of how they operate.  All that's necessary, at this point, is to sit Barrett, and a few other scumbags, down in front of a video camera and tape their answers to some very PERTINENT questions.

It's too late for Barrett do kneel down and beg for forgiveness.  He, and his minions and masters, I predict, are going to be taken all the way down.

All of us in the North American Health Freedom Movement are going to want to keep up on what is happening, constantly, in this case.  Just to keep things organized, below, I have put a chronological list of the articles I wrote so far, about the case.  They will give you an idea of how a Federal case actually works, as well as documenting Barrett, et al's, difficulties in weakly trying to Defend.  Each of the titles below is a hyperlink to the original article.

On a personal note - I am holding off, intentionally, the expose of the current quackbuster operation.  I have a good reason.

The original articles so far...

Doctor's Data Laboratory Files Federal Lawsuit Against Barrett, Quackwatch, NCAHF, Consumer Health Digest...  Friday, June 25th, 2010

Stephen Barrett, who has no income of his own, he claims, had to go to his wife Judith the other day, I think, and say "Honey, I need an increase in my allowance this month.  I'm getting sued in Fed Court in Chicago now, and I'm going to need $250,000 this month as a retainer, and another $100,000 per month to pay for my Defense, for the next year, or so."

On Friday June 18th, 2010 Doctor's Data Laboratory filed an eleven count lawsuit in the United States District Court for the Northern District of Illinois against Stephen J. Barrett, MD, the National Council Against Health Fraud Inc (NCAHF), Consumer Health Digest, and Quackwatch, Inc.

I Love the Smell of Napalm in the Morning... Friday, July 2nd, 2010

I've got a copy of the Doctor's Data v Barrett Federal lawsuit attached to this article.  Be careful when you handle it - it's HOT...

Barrett Has Not Even "Lawyered-Up" Yet... - Sunday, July 4th, 2010

In the Federal Court System a defendant is given 21 full days to properly Respond to a lawsuit.  Let's assume, for the moment, that since Stephen Barrett was sued by Doctor's Data on June 18th, 2010, that he was served with papers on the 19th, the next day.  Counting 21 days from that moment brings us to Monday, July 12th, 2010 - the deadline for Barrett to hire an attorney who can practice in Federal Court in Chicago, Illinois, and prepare, and submit a Response to the Court.  That's eight days from now - and Barrett does not even have an attorney yet.

What happens if Barrett does not Respond? (I'm getting all excited thinking about this).

Barrett Has Four Days Left - Then He Goes to Default... Thursday, July 8th, 2010

I just checked my "Pacer" (Federal Court information system) file, and Barrett has not yet brought in a lawyer, and filed a response to the Doctor's Data lawsuit against him. Could it be this easy?  Could it be that rancid old Stephen Barrett, when push comes to shove, just could not back up his public statements in a Court of law, and is just going to let the collection agents pick him clean?  Could it be that Doctor's Data will have unlimited access to Barrett's years records showing whom he plotted with?

(I'm really getting all excited thinking about this).

Quackpots in a Tizzy Over Barrett Getting Sued... - Friday, July 9th, 2010

A friend of mine sent me a link to a blog calling itself "Respectful Insolence," run by the guy I thought was going to be Barrett's replacement "Orac the Nipple Ripper."

Ok, the guy doesn't actually call himself "Orac the Nipple Ripper."  I call him that. He calls himself just plain "Orac."  But since I found out he is a breast cancer surgeon in Detroit, well, you know, I tend to call a spade a spade - and, a nipple ripper a Nipple Ripper.

For the most part I avoid venturing into quackpot discussions for I have a similar reaction, I think, that a prison guard would have after having to listen in on a group of pedophile prisoners talking.  But, this time, I ventured in, read the material, then made a few selected comments using  a pseudonym, and I struck pay dirt.

Barrett and NCAHF Gasping for Breath Over Doctor's Data Lawsuit?  What's Next? - Friday, July 16th, 2010

The silence is telling.

It is now, by my initial calculations, four days beyond the deadline for Stephen Barrett to have filed a Response to the Federal Lawsuit filed against him by Doctor's Data laboratory in the Northern District of Illinois.  I just now checked my Pacer Account - and no Response has been filed by anyone, and there is no attorney listed for any of the Defendants.

Yup, the silence is telling. And, it feels really good.

Doctor's Data Shows Mercy to Stephen Barrett... I'm VERY Disappointed... Friday, July 30th, 2010

I guess Doctor's Data wants to use a kinder, gentler approach then I do.  They gave Stephen Barrett sixty (60)  days, instead of twenty-one (21) to respond to the Federal lawsuit they filed against him.  The sixty day period started on June 29th, 2010 so Barrett's answer is not due until August 30th, 2010.  I'll connect you to a Court Document about  this in a minute.

Quackwatch, Inc Fails To Respond... -Tuesday, August 3rd, 2010

Keep in mind that there are three Defendants in the Doctor's Data v Barrett, et al Federal Court case in Northern Illinois - and all three have to lawyer up and Respond within the Court's required time. 

Only Stephen Barrett, himself, as an individual, was given 60 days, instead of 21, to formally Respond to a lawsuit.  Neither of the other two Defendants, Quackwatch, Inc, nor the National Council Against Health Fraud (NCAHF) was given any extra time.  They have 21 days from the time of service to hire legal counsel and formally Respond.

Well guess what?

Federal Summons Issued For NCAHF... - Wednesday, August 18th, 2010

We have to keep our eye on the Doctor's Data v Barrett, et al, Federal case.  Something new is always happening, or at least brewing.  Here is the latest Pacer record:

I don't have a copy of the document, because it simply isn't filed in the record, but I imagine it reads very similar to the last one filed against Quackwatch, Inc...

Has Stephen Barrett's "Puppet Master" Appeared? - Wednesday, August 25th, 2010

I think the arrival of Michael K. Botts, Esq. as Stephen Barrett's attorney in the Doctor's Data v Barrett, Federal lawsuit is significant. 

It is a flat-out desperation move.  Simply, Stephen Barrett could not afford to hire a law firm to Defend.  So someone is providing an attorney of their choice - not someone Barrett would pick - Michael K. Botts, who is not a litigator but an intellectual property and patent attorney. 

Botts and Barrett - Fumble Bumble Stumble Jumble... - Friday, August 27th, 2010

I check my Pacer Account every few days and yesterday found four new filings in the Doctor's Data v Barrett, Federal Court case.  After that I am even more convinced that the script writers for Saturday Night Live are designing Barrett's Defense.

The four documents, all presented by Stephen Barrett's three attorneys (actually two-and-a-half - I will explain) tell a story that will somewhat amuse you.  It certainly amused me.

Barrett Lawyers Up - Sort Of... - Saturday, August 21st, 2010

I admit this move by Stephen Barrett  took me by surprise.  I actually thought this lawyer Barrett hired, to defend him in the Doctor's Data v Stephen Barrett, et al case, Michael K. Botts, was dead. 

More, the last case Botts handled for the quackbusters (Herbert v American Quackery Association - 1987) ended so badly for them I would have thought Botts would be the LAST CHOICE they'd ever use.

But here he is...

Stephen Barrett, et al, Fear RICO... - Tuesday, August 31st, 2010

Twice now, before the Doctor's Data v Barrett, Federal Court case, Stephen Barrett has been named in a RICO action (Racketeering Influenced Corrupt Organization).  Both times Barrett squawked like a buzzard.  One of those times he sued the people who had named him in that incident - only to settle the case moments, so to speak, before I was scheduled to testify against him.

"Igor" Not In Evidence - No Lead Attorney For Barrett - Yet... - Thursday, September 9th, 2010

It was three long weeks ago that Michael K. Botts, Esq. applied (Pro Hac Vice) to the Federal Court in Chicago to, supposedly, represent Stephen Barrett in the Doctor's Data v Barrett, Federal Court case.  On August 26th we saw that Botts had been rejected by the Court but was being re-applied by Barrett's local counsel, to the Court.

Well, guess what?

Is Terry Polevoy the Information Source for Doctor's Data?... - Sunday, September 12th, 2010

I read Court documents, including Original Complaints (the lawsuit itself) all of the time.  It occurred to me, when I first read the Doctor's Data v Barrett, Federal Court case that the attorneys writing that case were very well informed about how the quackbusters operate.  I thought to myself "these people must have been reading my newsletters..."  But, as I began to re-read the case several times, looking for stuff to write about, I decided that it was very likely they had a well-informed source of their own  - perhaps someone inside the quackbuster ranks.

As I thought about that I realized that because the upper echelon of the quackbuster operation tend to use their soldiers like Kleenex, there was a very long list of victims that might fit the bill.  As I thought about it I realized that it would have to be somebody who was relatively close to the top of the operation - at the same time disenchanted, for whatever reason, with the people at the top.

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

Why the Doctor's Data v Barrett case is important to North America... - Wednesday, September 22nd, 2010

The US health care system is in tatters.  It is total crap, run by crooks and idiots, who on their best day, either by design, or stupidity, cannot find any solutions.  The "War on Cancer" has been running almost 39 years - and we are not even close to official answers - because the "war" is intentionally designed to fail.

The US health care system, itself, is the number one killer of Americans. Health problems that could, and should, have been solved years ago, like autism, diabetes and heart disease tear our society apart.

Why is this happening?  Because the system generates way too much money the way it is.  No one within the system wants change.  And, "the system" has built in defense mechanisms designed to kill threats to itself.

Barrett Gets the Attorney He Deserves... - Wednesday, September 29th, 2010

I enjoy writing about the Doctor's Data v Barrett case.  Every time I turn around and look to see what's happening another guffaw exits my system, for once more, seemingly out of nowhere sometimes, comes one more patent example that there is, in fact, a divine justice in the world.

For those of you who don't know, Stephen Barrett and his weenie minions, are, for the most part (among other things) Secular Humanists, which, in simple translation, means that they do not believe in a God or religion, nor, to me, do they grasp or embrace the moral and ethical codex that, in essence, in 1776, established the very grounds for the social experiment known as "The United States of America."  They, the Secular Humanists, believe that THEY are Gods unto themselves.  None of them have a clue as to the constraints put on the rest of us by our adherence to the Judeo/Christian Ethic, and how that code applies in ways we treat each other.

While We're Waiting... - Tuesday, October 5th, 2010

You're right.   Stephen Barrett has, so far, it seems, missed the Thursday, September 30th deadline to Respond to the Doctor's Data v Barrett Federal lawsuit.

So far.

Yes, it's true, that no papers were apparently filed with the Court by 5:00PM on that date.  And, also very obviously, no electronic filing was made by midnight of that same date. And, I checked to see if Barrett had tried to change jurisdiction to some other Court - nothing.

Don't get your hopes up, just yet, to be able to start collecting Barrett souvenirs, however.  There is still one more legal option available.  Barrett's attorney could have dropped a package in the mail before 5:00PM on September 30th, 2010, making certain he has a record of the postmark time.

Barrett Responds to Doctor's Data v Barrett Lawsuit... - Sunday, October 10th, 2010

Warning - sarcasm present.

Finally - a Response from Stephen Barrett et al, in the Doctor's Data v Barrett Federal lawsuit.  In essence, Barrett's legal team took forty-four (44) pages to say "We deny everything. So there."  And, it took Barrett one hundred and seventeen (117) days to come up with that answer.  This from a guy who, Court documents show, was commenting on cases filed against his victims up to one day (-1) before the actual filing.

Strangely, the Response was filed, not by Barrett's so-called "lead" attorney Micheal K. Botts but by the local counsel Peter M. Katsaros, a senior partner at Golan and Christie in Chicago.  Hmmm?

It looks like Barrett's legal bills are piling up.

Quackbusters:  Their Fear is Palpable... - Friday, October 22nd, 2010

I monitor and provoke, sometimes openly, sometimes secretly, the discussion activity of the organization calling itself the "quackbusters."  It is not easy, for, in a way, it is like listening in on a group of pedophiles discussing their plans for our neighborhood children.  Keep this comparison in mind.

Recently, of course, I have been monitoring quackbuster discussions about the Doctor's Data v Stephen Barrett Federal Court case.

Stay tuned. 

Tim Bolen - Consumer Advocate