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Quackwatch "Defamation"
Verdicts Could Reach Many Tens of Millions of US Dollars...
Opinion
by Consumer Advocate Tim Bolen
Saturday,
February 3rd, 2007
Delicensed MD
Stephen Barrett, of quackwatch.com infamy, announced to his followers
(Barrett's Parrots) last week that:
"During
the next few days, my sites will be changing servers. It's possible that the
healthfraud list will be disrupted during the switch."
Barrett
critics are concerned about this situation - for several reasons. The
questions are: (1) Is Barrett moving his quackwatch.com, etc., servers
out of reach of the US Court System after recent Courtroom losses?
(2) Is Barrett moving his quackwatch.com, etc., servers out of reach of the US
Court System after the barrage of newly files legal actions naming him,
and his, as the Defendants? (3) Is Barrett moving his servers out
of US Court Jurisdiction to avoid answering legal demands for "discovery"
of information on his websites?
All of the
above are possible, but even more likely is this: Internet Service
Providers (ISPs) have "Terms of Service" requirements. Every one
I've ever seen has rules about not defaming others. Barrett's ISP may
simply have ousted him, and his sleazy quackwatch.com offering, when Barrett
refused to remove the offensive material.
Barrett, and
his National Council Against Health Fraud (NCAHF)
"quackbuster"
cronies, a few years go, were hit with an Court award against them, for
attorney fees of over a $100,000 in a California case. They've never
sent the check. The NCAHF is belly-up because of this and fled the State
of California, ending up in a cardboard box in the back room of its president,
Robert S. Baratz MD, DDS, PhD's hair removal and tanning salon in Peabody,
Massachusetts - and is not
registered with the State of Massachusetts.
Then, of
course, Barrett, Grell, and Polevoy (Canada's low-budget Barrett) lost the
case against Humantics Foundation President Ilena Rosenthal in the California
Supreme Court - with, I'm guessing an attorney award to Rosenthal of over
$200,000. In that case Barrett was opposed by not only Rosenthal, but a
host of other angry Americans.
" Friend
of the Court"
Briefs, arguing in our favor, were provided by Amazon,
the Electronic Frontier Foundation, EBay, the ACLU of
Northern California, AOL, Microsoft, Yahoo, Google, ABC,
Ask Jeeves, the Cable News Network, Compuserve,
Earthlink, ESPN, Netscape, SBC Internet, Time Warner,
Washington Post, Association for Competitive Technology,
California Newspaper Publishers Association, Information
Technology of America Association, Internet Commerce
Coalition, National Cable and Telecommunications
Association, Netchoice, NetCoalition, Newspaper
Association of America, Online News Association, Online
Publishers Association, Technet, and the United State
Internet Service Providers Association.
The case became a rallying point
for American free speech and an opportunity to teach a
lesson to those that would try, through intimidation, to
stop Americans from exercising their free speech rights
.
And again,
there still that case going on in Canada where Canadian health activist Wayne
Obie is suing Barrett, and Baratz, for 1.3 million dollars in damages.
All told,
before this latest round of legal actions, I had estimated that Barrett was
involved in fourteen (14) separate legal actions across North America.
If each cost him $100,000 - he'd have spent 1.4 million ($1,400,000) on legal
fees BEFORE the latest batch of actions he's facing. Barrett, in a
Federal case in Oregon, a few years ago, testified that he had made only
$54,000 over the last two year period. I have to ask: "How do
you spend 1.2 million dollars on legal fees from an income of $54,000? "
Good
question...
Barrett lost
that Oregon case.
But it gets even
better...
Barrett may be
getting letters from attorneys representing the American Cancer Society (ACS),
who for various reasons, may be wanting Barrett to pay for some of their
recent losses. Like losses amounting to millions of dollars.
Last December
2006, just before the Christmas holidays, the ACS pulled publication of their
book "American
Cancer Society’s Guide to Complementary and Alternative Cancer Methods”
after they received an angry letter
from a prominent US Physician, threatening legal action, who had been written
up in an earlier edition. The article about this doctor, a leading
cancer researcher who worked under grants from Nestle Corporation, Proctor and
Gamble, and the US National Institute of Health had been written by Stephen
Barrett and the late, and infamous,
Victor Herbert.
The ACS, and
their Publisher McGraw Hill, stopped publication of the book, which had been
scheduled for release for the Christmas season, after reviewing the
carefully prepared letter's accusations.
It is not
known, at this time, how many copies of the book had been printed for the
Holiday release. But let's assume that 2.5 million books were printed
and boxed up for distribution - and estimate that McGraw Hill charged ACS
$6.50 each. 2.5 million books times $6.50 printing costs each, ads up to
sixteen million two hundred fifty thousand dollars ($16,250,000) - a loss
amount noticeable even to ACS, the "limousine charity" of the cancer
world. Imagine how long it takes for small children, with little cups in
their hands, marching from door-to-door in America's heartland, to collect
$16,250,000 - just to have it thrown away, and the books sent to the
incinerator company because the ACS relied on Stephen Barrett's website
drivel.
I wouldn't be
a bit surprised to find that Barrett will be sued, not only by the doctor, but
by the book's editor, and the American Cancer Society.
Barrett, et al,
are desperately trying to raise money...
I have to
laugh when I hear Barrett's desperate pleas for financial support. He's
even got radio doctor Dean Edell trying to raise money for him. Barrett
better get out there and raise that cash - because he's going to need a
shipload.
And, there's
more activity coming. In the words of the poet "You ain't seen
nothin' yet."
So... Stay
tuned...
Tim Bolen -
Consumer Advocate
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