Hospitals & Asylums    

 

United States, Harry F. Fry MD, et al v. Health Alliance GC, et al 1:03-CV-167

 

AMICES BRIEF

 

HA-28-8-08

 

and

 

Optional Counter-lawsuits

 

Louis F. Strigari Esq., Hamilton County Public Defender v. Gregory Lockhart Esq., US Attorney for the Southern District of Ohio

 

Terry Tranter Esq., Cincinnati Regional Treasury Representative v. Michael J. Astrue Esq., Commissioner of Social Security

 

Gregory Lockhart Esq., US Attorney for the Southern District of Ohio v. H. Thomas Wells Jr. Esq., President of the American Bar Association

 

$9,999,000 fine under the False Claims Act.  Harry F. Fry MD, a Health Alliance cardiologist, filed a third amended complaint on October 7, 2003.  The US Attorney intervened on April 1, 2008.  Lawyers have appeared but offer no defense.  Motion for dismissal with costs for plaintiff, lawyers and Hamilton County Public Defender, Louis F. Strigari Esq., obligated to abolish the Hamilton County Court Computer Management System (CMS) intrusion and Probate Court HIPAA violation.  Should the federal jury in 2009 find the Health Alliance GC innocent, this $10 million would be tax deductible.  As now written, the fine is well spent on immunity for the federal appellate district.  The Hamilton County Board of Elections shall be advised to ask the voters to release them from incarceration in a police precinct, across the street from the jail, to a building of their own, after 20 years. 

 

Christ Hospital shall win their independence from the Health Alliance GC.  A Greater Cincinnati Health Council (GCHC) candidate committee shall elect a new CEO of the “interstate” Health Alliance GC.  A subversive inpatient psychiatric program at University Hospital, will be completely abolished, abusers fined and safely re-employed or insured by the Mental Health Access Point (MHAP).  The Board of Health shall cease approving grants that contain authorizations of “bio-terrorism” – the language of “bio-security, bio-hazard or statistical research” is preferred.  The Centers for Medicare Medicaid and SCHIP (CMS) should require “Biological weapons, torture and kidnapping are Prohibited” be inscribed on the letterheads of all contractors.  The Coroner shall maintain all County mortality statistics, by cause and total, over time, on their website.  University of Cincinnati cardiac bio-security leak of November 2007 subjects a large and abusive collection of animal research laboratory journals to the prohibition with respect to biological weapons of the Attorney General; institutional review boards, state certification and inspection agencies and (call Esther all) Poison Control 1-800-222-1222. 

 

To thank the federal government for the tax rebate a $400 million geographic, tax deductible, jury nullification option is sought to be allowed with costs, targeting the relief of FY 2009 federal account deficits – the $350 million Social Security Administration (SSA) staffing deficit and $3.5 million Federal Highway Administration (FHA) leadership deficit. The Cincinnati Regional Treasurer, Terry Tranter Esq. pays more federal taxes than both projected federal account deficits of FY 2009 combined.  To prove how small our national problems are, a local federal tax deduction, allowed by a jury, would account for the transfer of +/- $400 million, from the $2 trillion general revenues and/or matching social security trust funds of the United States, to Michael J. Astrue Esq., Commissioner of Social Security, to offset these federal agency deficits, this one time. Congress cannot continue to neglect the public welfare.   State legislatures have made progress banning trans-fats from restaurants.

 

The Optional Protocol against Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment is opened for the ratification of individuals, ethics committees, courts, agencies and congresses of States who tyrannically abrogate the VIII and XIV Amendments to the US Constitution.  We hope, that against all odds, Ohio Attorney General appointee, Nancy Rogers, will defeat, in the party nomination stage, both Richard Cordray Esq. and Betty Montgomery Esq., who are overqualified.  We expect US Attorney Gregory Lockhart Esq. to be replaced in the beginning of the new US Presidential term in 2009 and pray the federal judges sentence themselves to 5 year terms under Sec. 11 of the Basic Principles of the Independence of the Judiciary.  For the collaboration of the new President of the ABA, till August 2009, toxic tort lawyer from Alabama, H. Thomas Wells Jr. Esq.  We mourn the passing of Rep. Stephanie Tubbs Jones (D-OH) on August 20, 2008.

 

I. Counsel to the Greater Cincinnati Health Council…1

II. $10 million Fine under the False Claims Act…7

III. Qualifying Cardiovascular Disability for Recovery…15

IV. $400 million Federal Appetite for Precise Tax Deductible Contributions…25

V. Re-investing University Hospital in Community Mental Health…35

VI. Local Bio-Security Leaks…43

VII. Immunity Defense…50

VIII. Optional Protocol to the Convention against Torture…61

 

Statute

 

AMA Code of Medical Ethics

Appropriations 42USC§1396

Attorney General May Provide for the Relocation and Protection of Witnesses 18USC§3521

Budgetary Treatment of Trust Fund Operations 42USC(7)(7)§911

Civil Liability 50USC(36)I§1810

Civil Monetary Penalties 42USC1320a-7

Civil Rights and Elective Franchises 28USC§1343

Claim for Relief 42USC§1983

Community Based Alternatives for Individuals with Disabilities E.O. 13217 2001

Congregate Housing Services 24CFR700.125

Crime Victims’ Rights 18USC§3771

Criminal Penalties for Acts Involving Federal Health Care Programs 42USC1320a-7b

Definitions 42USC§1396d

Dismissal on Motion of Action Against Individual Entitled to Immunity 22USC(6)§254d

Enticement into slavery 18USC(77)§1583

Entitlement to Hospital Insurance Benefits 42USC§426

Exceptions 28USC§2680

False Claims 31USC§3729

Financial Data and Reports 42CFR413.20

First Amendment Privacy Protection 42USC(21A)IA§2000aa

Foreign Intelligence Surveillance Act (FISA) of 1978 50USC(36)I§1809

Fraud and related activity in connection with computers 18USC(47)§1030

Genetic Information Nondiscrimination Act of 2008 HR493

Health Insurance Portability and Accountability Act (HIPAA) of 1996 PL 104-191 August 21, 1996

Hospital Insurance Benefits for the Aged and Disabled 42USC1395c-1395i-4

Hospitalization of Mentally Ill, Definition. Ohio RC 5122.01

Immunity of Witnesses Generally 18USCV(601)§6002 Court §6003, Agency §6004, Congress §6005

Introduction to Federal Health Insurance for the Aged and Disabled 42CFR405.1801

Intrusion of Reserves or Violations of Rules and Regulation under 24USC(3)V§154

Liability of the United States 28USC(171)§2674

Mandatory Restitution 18USC(77)§1593

Recovery of Civil Damages 18USC(119)§2520

Payments to Providers of Services 42USC§1395g

Privileges and immunities specified in the Vienna Convention 22USC(6)§254b

Prohibition with respect to biological weapons 18USC(10)I§175

Protection of Human Test Subjects 45CFR Part 46, Revised November 13, 2001, effective December 13, 2001

Safe And Fair Enforcement and Recall for (SAFER) Meat, Poultry, and Food Act of 2007 H.R. 3484 and S. 3267

State Plans for Medical Assistance 42USC§1396a

Survey for compilation of registration and voting statistics; geographical areas; scope; application of census provisions; voluntary disclosure; advising of right not to furnish information 42USC(21)§2000f

Tracing and Recalling Agricultural Contamination Everywhere (TRACE) Act H.R. 3485

Transfer of Supportive Housing Service 24CFR891.863

Transitional Provision on Eligibility of Uninsured Individuals for Hospital Insurance Benefits 42USC§426A

Use of Interstate Commercial Facility in the Commission of Murder for Hire

Use of Public or Private Agencies to Facilitate Payment to Provider of Services 42USC§1395h

 

Treaties

 

Basic Principles of the Independence of the Judiciary 6 September 1985

Basic Principles on the Role of Lawyers 27 August to 7 September 1990

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 26 June 1987

Convention on Privileges and Immunities of the United Nations February 13, 1946

Guidelines on the Role of Prosecutors of 27 August-7 September 1990

International Covenant on Civil and Political Rights 23 March 1976

Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 4 February 2003…6

Vienna Convention on Diplomatic Relations April 18, 1961

Declaration of Helsinki. Ethical Principles for Medical Research Involving Human Subjects. first adopted by the 18th WMA General Assembly, Helsinki, Finland, June 1964, and amended by the 29th WMA General Assembly, Tokyo, Japan, October 1975; 35th WMA General Assembly, Venice, Italy, October 1983; 41st WMA General Assembly, Hong Kong, September 1989; 48th WMA General Assembly, Somerset West, Republic of South Africa, October 1996; and the 52nd WMA General Assembly, Edinburgh, Scotland, October 2000. Note of clarification on paragraph 29 added by the WMA General Assembly, Washington 2002. Based on principles formulated in 1909 by Walter B. Cannon. APS Council first adopted the Guiding Principles in 1953. Latest revision approved July 2000. World Medical Association. Reviewed and approved 2006 American Physiological Society. 

 

Articles

 

Associated Press. Federal Highway Trust Fund Set to Face Shortfall in 2009. May 20, 2007

Brown, Sherrod Sen. Brown, DeGette Team Up for Safer Foods: Letter Sent to Senate and House Leadership and Agriculture Committee Leadership Urging Mandatory Recall Authority for USDA and FDA. July 16, 2008

Butler, Karyn; Huffman, Lynn; Kock, Sheryl. Coronary effluent from a preconditioned heart activates the JAK-STAT pathway and induces cardioprotection in a donor heart. Department of Surgery and Institute of Molecular Pharmacology and Biophysics, University of Cincinnati, Cincinnati, Ohio. American Journal of Physiology: Heart and Circulatory Physiology 1 November 2007

Director of Natural Resources and Environment Before the Subcommittee on Oversight and Investigations, Committee on Energy and Commerce, House of Representatives. GAO-08-909T. June 12, 2008

Government Accountability Office. Federal Oversight on Food Safety: FDA Has Provided Few Details on the Resources and Strategies Needed to Implement Its Food Protection Plan. Testimony of Lisa

Harper, Amanda. Children’s, UC, University Hospital to Form Joint Cancer Center. August 16, 2007

Kimmon, Dama. UC Research Funding Hits All-Time High of $333.5 Million. UC Alumni Association. November 27, 2007

Mohajer, Shaya Tayee. Homeless Used in Hospital Scam, FBI Says. Los Angeles. AP. August 7, 2008

McNair, James. Meridian Bioscience Ships H2N2 virus.  Saturday April 16, 2005

Peale, Cliff. Christ suit could cost $400M. Court-case timing awful as hospital prepares to go independent. Cincinnati Enquirer. April 3, 2008

Strickland, Kathleen N. Toxic Torts: An Overview. ABA General Practice, Solo & Small Firm Division. Vol. 1 No. 3. May 2005

US House of Representatives Committee on Oversight and Government Reform. FDA and Fresh Spinach Safety. March 2008

US House of Representatives Committee on Oversight and Government Reform. Prescription for Harm: The Decline in FDA Enforcement Activity. June 26, 2006

US House of Representatives Committee on Oversight and Government Reform. Waxman and Kennedy Request GAO Examination of FDA Resources Shortfalls. Letter to Comptroller General David Walker. January 29, 2008

 

Reports

 

ABA Justice Kennedy Commission Recommendations October 2003

Astrue, Michael J. Commissioner, Social Security Administration . Compassionate Allowances Outreach Hearing on Rare Diseases. Social Security Administration. December 4, 2007

Astrue, Michael J. Commissioner, Social Security Administration. Hearing on Clearing the Disability Backlog -  Giving the Social Security Administration the Resources it Needs to Provide the Benefits Workers Have Earned. Testimony Before the Full Committee of the House Committee on Ways and Means. April 23, 2008

Astrue Michael J. Commissioner, Social Security Administration. Testimony Before the Subcommittee on Social Security of the House Committee on Ways and Means. Hearing on the Hiring of Administrative Law Judges at the Social Security Administration  May 01, 2007

CMS. Agency Adminstrator’s Tenure

Federal Highway Administration. Crosswalk from Discretionary Budget Authority to Budgetary Resources 2008-2009

Gingrich, Newt. Real Change: From the World that Fails to the World that Works. Regnery Publishing. Washington DC.  2008

Greater Cincinnati Health Council.

National Heart, Lung, and Blood Institute’s Diseases and Conditions Index

Sanders, Tony J. American Heart Month Since February 1963. Hospitals & Asylums. HA-14-2-08

Sanders, Tony J. Social Work Act of 2008. Hospitals & Asylums HA-17-6-08

Surgeon General’s Report on Mental Health of 1999

 

Case Law

 
Abdus-Shahid M. S. Ali, Petitioner v. Federal Bureau of Prisons et al No. 06-9130. January 22, 2008
Collaborative Agreement Global Damage Claims Settlement 21 May 2003
Decision and Recommendation Case No. 1:99-cv-3170 
Erpenbeck Co. v. Federal Bureau of Investigation et al Application for Certiorari from the US 6th Cir. App. No. 04-3456&7 June 29, 2004

Hartwell v. Superior Court (2002) 27 Cal.4 th 256
Hill v. Hamilton‑Wentworth Regional Police Services 2007 SCC 41 October 4

Hudson v. McMillan 503 US 1 (1992)

Hutto v. Finney, 437 U.S. 678 (1978)

Jackson v. Bishop, 404 F.2d 571, 579 (CA8 1968)

Kirby v United States 174 US 47, 55 (1899)
Motion for an Order Directing City and FOP to Comply with Collaborative Agreement No. C-1-99-317

R. v. Davis [2008] UKHL 36 June 18

Pointer v Texas 380 US 400, 405 (1965)

Smith v Illinois 390 US 129, 131 (1968)

United States, Harry F. Fry MD, et al v. Health Alliance GC, et al 1:03-CV-167

 

I. Counsel to the Greater Cincinnati Health Council

 

1. Cincinnati has not been a very peaceful place since the Centers for Medicare Medicaid and SCHIP (CMS) infringed upon the Hamilton County Court Computer Management System (CMS) on June 14, 2001.  Hamilton County has not settled a tort case since.  Together, by means of the tacit approval of this Amices brief by the Greater Cincinnati Health Council (GCHC) and Hamilton County Public Defender, Louis F. Strigari Esq., we demand of the US District Court and Commissioner of Social Security, Michael J. Astrue Esq., himself,

 

a. That the Hamilton County Court Computer Management System (CMS) infringement upon the Centers for Medicare Medicaid and SCHIP (CMS) trademark be punished by a Court order affording costs of several million dollars to the Hamilton County Public Defender, to change the name of the local Internet infringer to Court Computers (CC), or other innocuous name of their choosing, from the proceeds of this non tax deductible $9,999, 000 fine against Health Alliance GC.

 

b. That the Internet record of people involuntarily hospitalized as the result of being corruptly alleged to be mentally ill and adjudicated by Hamilton County Probate Court be sealed under Secs. 1171(6)(B) of Health Insurance Portability and Accountability Act (HIPAA) of 1996 PL 104-191 of August 21, 1996 and Ohio RC 5122.01® whereby “Expunge” means the removal and destruction of court files and records, originals and copies, and the deletion of all index references.  Having been punished for this folly of the Internet age the Justice of the Peace will continue to be limited to the indignity of the Probate Court until they have transferred the responsibility for the adjudication of psychiatric slavery to the Mental Health Board.  Then the overtly corrupt Mental Health Board would need to transfer responsibility for the grants to halfway houses, mental health counseling, and homeless shelters to a Social Work Administration (SWA) HA-17-6-08. 

 

c. That in exchange for protecting the privacy of their patients and changing the name of a judicial corporation to protect their own privacy, in the absence of nationalization, the local health sector will give the Court permission to allow the Cincinnati Treasury Representative Terry Tranter Esq. to pledge their allegiance to the public welfare, budget and Constitution of the United States of America with a one time tax deductible contribution from the local Treasury of $400 million targeted to offset federal account deficits in Social Security Administration staffing ($350 million) and Federal Highway Administration ($3.5 million) if determined by Commissioner of Social Security and jury not to reflect bribery, kickback, fine or social security contribution. 

 

d. That due process of this $400 million tax deduction demands, the nullification by the federal jury of a considerable amount of tax law, federal congressional budget law, and social security denials, to achieve a tax deductible verdict for the Budgetary Treatment of Trust Fund Operations under 42USC(7)(7)§911.  If this good faith attempt to “thank the federal government for the tax rebate” be rejected by any party or jury, the judge shall not fail to abolish the local CMS infringement and Probate HIPAA disclosure, out of respect for the $10 million in costs.

 

e. That the Hamilton County Board of Elections has been incarcerated in a police precinct across the street from the county jail, since 1988 without concern for 42USC(21)§2000f or 28USC§1343(a)(4).  The Court should order the Board of Elections to get a building of their own, in a respectable neighborhood.  It would be dignified if the Director(s) of the Board of Elections would ask the voters for the funds to purchase a new building, of their own; otherwise the Director(s) should be regularly voted out of office on the ballot, or both.  For it to be possible to consider the elections free and fair the Board cannot be under the 24 hour surveillance of an independently financed security agency.

 

2. $9,999,000 is a fair non tax deductible price for a Dismissal on Motion of Action against individual entitled to Immunity under 22USC(6)§254d.  The Health Alliance GC should pay now and consider the money to the Public Defender, well spent.  The jury might later award the Health Alliance a tax deduction if found to be innocent in 2009. A not guilty verdict is however not very likely from the preliminary arguments.  It is definitely recommended to pay the fine, for legal immunity now, in this case.  It is advisable for the CEO, Kenneth Hanover, to begin pursuing the alternative of corporate democracy for himself, by the means of the candidate committee of the GCHC, to any future convictions.    

 

3. Fines are not tax deductible expenses therefore the >$400 million fine levied mathematically by the Cincinnati Enquirer on April 3, 2008 for a kickback scheme in what is now Ohio Heart and Vascular is not fair and the demand has been limited by the Court to less than $10 million.  Bear with this complicated and refutable bypass of treasury protocol so that we, as citizens, may satisfy the precise federal nutritional appetite for $400 million and local plea for equal access to justice, presented in this deadliest of all cases of unauthorized practice of law, ultra vires. The trial is scheduled to last into late 2009 and is not worth anyone’s time but the trial attorneys, whose costs are defrayed by the page, leaving enough only for the Hamilton County Public Defender’s Office, friend of male ex-cons in their 90’s, to be satisfactorily compensated for litigating the abolition of the Hamilton County Computer Court Management System (CMS) and Internet Index of personally identifiable health information of alleged mentally ill people able to articulate their objection to being falsely arrested at Probate Court, that is in flagrant violation of HIPAA.   The Federal Court, with their penchant for the diabetic bar of the US Marshall, is morally challenged to earn so much as this $10 million fine against health corporations that are from a legal perspective an unauthorized practice of law ultra vires to torture statute.  A health CEO should however not delay paying such reasonable fines. In fact, the only entity $400 million fine in the Hamilton County health sector is the Court, that is intra vires both health and democracy.   

 

4. As the result of widespread local budget shortfalls, the Sheriff has been forced to shut down several sections of the Queensgate Correctional Facility.  The Public Defender now has the strength to beg for much needed equal office space and pay.  The County prosecutor is particularly violently corrupt whereas he was formerly the unqualified State Secretary of Treasury and faces 101 years in prison, not to mention the newly discovered election fraud that seems to be all that holds him in office, and before the crimes against humanity of murder, slavery and torture are multiplied and the sentence reduced, as a lesson that as the result of his abuse of power he is no longer the master of political, judicial, police or bank power; with the jail and prison population over 250 per 100,000 citizens as his witness.  Nor is his protégé and hitman, Clerk Gregory Hartman, the nemesis of US Attorney Gregory Lockhart, in the competition for most “cardiac arrests” whose Court has done the reverse of protecting the individual torture victim(s) with compensation, in this case of unjust enrichment, in the American heartland, where terrorists and torturers are given asylum in political and professional office.  This case conceals the devastation wreaked upon the health of modern society by cardiac animal laboratory research marketed to humans geographically selected for unwarranted search and seizure.  This cardiac case presents an opportunity to defend our immunity against unwanted biological invasion. 

 

5. Tax deductible contributions for federal and local government agencies are allowable as long as the Court does not deem this thank you to the Secretary of Treasury for the tax rebate, bribery, kickback, fine, social security contribution or other non-deductible expense.  We therefore challenge the health sector and treasury in Cincinnati, Ohio to convince the Commissioner of Social Security to nullify the budget and tax law, with the good grace of the jury, to convert $400 million of their taxes to target account deficits in federal agencies that have made reasonably articulate demands.  These federal agencies FY2009 are the Social Security Administration staffing shortfall estimated at $350 million; Federal Highway Administration (FHA) $3.5 million and the insatiable FDA Food Inspectors.  It would be nice for everyone if the Commissioner of Social Security would flex his disability in the campaign against medical malpractice, health care fraud and abuse, by landing this $400 million settlement, and hiring SSA office workers, before earning another billion dollars from medical torts, to afford the backlogged disability petitioners across the country, the $500 dismissals, they deserve.  

 

6. The Health Alliance (HA) of Greater Cincinnati CEO Kenneth Hanover’s copyright royalties; do not warrant immunity from the democratic process of succession, although he remains free of arrest, this time.  The CEO’s relentless need to monopolize and dominate since the Health Alliance’s foundation in 1993 has taken him across state lines against the legal counsel inherent in the criminal statute on corrupt and racketeer influenced organizations against the Use of Interstate Commercial Facilities in the Commission of Murder for Hire.  After two trademark offenses against Hospitals & Asylums (HA), a new CEO of the Health Alliance (HA) of Greater Cincinnati should be selected by the Greater Cincinnati Health Council (GCHC), the local medical association.  Why don’t we let Harry F. Fry MD, be the first candidate?  In his lawsuit Dr. Fry has demonstrated the resolve in ethics we would like to see in the CEO of the Health Alliance GC.  Many cardiologists run for public office.  Dr. Fry’s brief however falls short on the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 4 February 2003 that has not been ratified by the United States of America and it is imperative that hospital ethics committees dismiss their own toxic tort cases.  The new President of the American Bar Association (ABA), H. Thomas Wells Jr., promises to restore the core value of torts to our legal and ethical systems, in apology for two one year terms of bringing the money to death row, after blindly asking for freedom in the ABA Justice Kennedy Recommendations commissioned in October 2003.  

 

II. False Claims Act

 

7. The relator, Harry F. Fry, graduated from the University of Pennsylvania School of Medicine in 1968.  After an internship and residency in Pennsylvania he returned to his hometown of Cincinnati.  In July 1976 he began practicing cardiology at Christ Hospital and was an employed by the hospital.  On January 1, 1986 he agreed to serve as a geographic full-time professional in the section of cardiology with the titled of Assistant Director of Cardiology.  He was responsible for the training of residents and budgetary needs of the Heart Section.  The Heart Station performs non-invasive, diagnostic cardiovascular tests including, but not limited to, electrocardiograms (EKGs), graded exercise stress tests (GXTs) and echocardiograms (Echos).  The Heart Station is a lucrative assignment because it provides both free use of equipment and space and a steady and guaranteed stream of new patients in need of services.  One EKG can provide the gateway to $100,000 to $200,000 of cardiac work rather than a successful cure.  Once admitted to the service of a particular cardiologist or group of cardiologists, the patient is, in all likelihood, a patient for his or her lifetime.  In 1988, physicians working for the Heart Station created Medical Diagnostic Associates, Inc. (MDA) an Ohio corporation, in order to provide billing services for the physicians that attended, supervised and interpreted diagnostic testing in the Heart Station. 21  The relator demands 15-25% of the proceeds if the government intervenes or 25-30% if the government does not.

 

8. The defendant, the Health Alliance GC, was created in December of 1994, as a merger of the operations of the Christ Hospital and University Hospital.  The Health Alliance has grown since that time to become Greater Cincinnati’s largest health system.  In time it grew to seven hospitals before St. Luke and Christ seceded.  Its purpose was to provide for a joint management and operating corporation to enable the Founding Hospitals to operate under the umbrella of one management corporation.  On January 24, 1995 the founding hospitals entered into a Joint Operating Agreement and the Health Alliance has subsequently been under the complete control and domination of the CEO Kenneth Hanover.  The Agreement was subsequently amended to add more hospitals to the Health Alliance.  According to the Agreement, among the stated purposes of the Health Alliance was to facilitate the provision of health care services on an integrated and non-discriminatory basis to all persons including persons whose health care is paid for, in whole, or in part, by any governmental program, including Medicare and Medicaid.  Under the Agreement the Health Alliance agreed to collaborate to,

 

(a)    Establish appropriate policies and strategic direction to enable the Alliance to function as an integrated health care delivery system;

(b)   Facilitate cooperative and collaborative efforts by and among the hospitals with respect to the provision of health care services;

(c)    Review and approve financial and strategic plans and operating and capital budgets for the Alliance;

(d)   Enter into contracts on behalf of the hospitals with respect to the organization and operating of the Alliance;

(e)    Hire, evaluate and compensate the Alliance CEO and participate in the selection of the other senior management of the Alliance including the Senior Executive Officer (SEO) of each hospital within the Alliance, and;

(f)     Do all other things necessary and appropriate to carry out the duties and responsibilities of the Alliance in governing, managing and operating the hospitals. 

 

9. This action to recover damages and civil penalties on behalf of the United States of America arises under the provisions of the False Claims Act 31USC§3729 that provides the US District Court with exclusive jurisdiction.  Defendant, Ohio Heart and Vascular, Inc. formerly the Ohio Heart Health Center, Inc. is a corporation organized under the law of Ohio that primarily resides and conducts business in Hamilton County, Ohio.  Ohio Heart is the area’s largest cardiologist practice group and between 75% and 80% of all cardiology billings at the Christ Hospital emanated from Ohio Heart.  Ohio Heart is the dominant cardiovascular services group at Christ Hospital and is one of the most profitable service areas provided at Christ, Christ and the Health Alliance became dependant on satisfying Ohio Heart’s demands.  Heart station panel time was assigned to physicians based upon the volume of referrals from the physician for lucrative cardiac procedures such as cardiac catheterizations and angioplasties.  The more patients a physician referred for procedures, the more he was rewarded with additional panel time.  In late summer of early fall of 1999 lawyers had informed hospital administrators that the method used to assign panel time was illegal and should be discontinued.  An ad hoc committee was established to redress the issue, however no progress was made until April 11, 2000.  As the result of a conspiracy the new proposal failed to correct the dominance of MDA by Ohio Heart or eliminate the kickbacks.

 

10. The False Claims Act at (a) provides that, any person who (1) knowingly presents, or causes to be presented, to an officer or employee of the United States Government or a member of the Armed Forces of the United States a false or fraudulent claim for payment or approval; (2) knowingly makes, uses, or causes to be made or used, a false record or statement to get a false or fraudulent claim paid or approved by the Government; (3) conspires to defraud the Government by getting a false or fraudulent claim paid or approved by the Government;…or (7) knowingly makes, uses, or causes to be made or used, a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property to the Government…is liable to the United States Government for  a civil penalty of not less than $5,000 and not more than $10,000, plus 3 times the amount of damages which the Government sustains, because of the act of that person.  The term “knowing” and “knowingly” mean that a person, with respect to information (1) has actual knowledge of the information; (2) acts in deliberate ignorance of the truth or falsity of the information; or (3) acts in reckless disregard of the truth or falsity of the information and no proof of specific intent to defraud is required. 

 

11. The Anti-Kickback Statute 42USC§1320a-7b(b), arose out of Congressional concern that payoffs to those who can influence healthcare decisions will result in goods and services being provided that are medically unnecessary, of poor quality, or even harmful to a vulnerable patient population.  First enacted in 1972, Congress strengthened the statute in 1977 and 1987 to ensure that kickbacks masquerading as legitimate transaction did not evade its reach.  The Anti-Kickback statute prohibits any person or entity from making or accepting payment to induce or reward any person for referring, recommending or arranging for federally-funded medical services.  Whoever knowingly and willfully solicits or received any remuneration (including and kickback, bribe or rebate) directly or indirectly, overtly or covertly, in cash or in kind in return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under a Federal health care program, shall be guilty of a felony and upon conviction thereof, shall be fined not more than $25,000 or imprisoned for not more than five years, or both.  Violation of the statute can also subject the perpetrator to exclusion from participation in federal health care programs and effective August 6, 1997 civil monetary penalties of $50,000 per violation and three times the amount of remuneration paid under 42USC§1320a-7(b)(7) and (a)(7).

 

12. The Department of Health and Human Services is responsible for the administration and supervision of the Medicare program.  The Centers for Medicare, Medicaid and SCHIP (CMS), formerly HCFA, is an agency of HHS and is directly responsible for the administration of the Medicare Program.  The Medicare Program was established by Congress in 1065 with the enactment of Title XVIII of the Social Security Act, to pay for the costs of certain healthcare services.  Entitlement to Medicare is based on age, disability, or affliction with end-state renal disease under 42USC§426 and §426A.  Part A of the Medicare program authorizes payments for institutional care, including hospital, skilled nursing facility and home health care under 42USC§1395c-§1395i-4.  Most hospitals, including all of the Health Alliance hospitals and Christ Hospital in particular, derive a substantial portion of their revenue from the Medicare Program.  Under the Medicare Program, CMS makes payments retrospectively, after the services are rendered, to hospital for inpatient services.  To assist in the administration of Medicare Part A CMS contract with “fiscal intermediaries” responsible for processing and paying claims and auditing cost reports under 42USC§1395h.  Medicaid is a joint federal-state program that provides health care benefits for certain groups, primarily the poor and disabled.  Federal Medicaid statute sets forth the minimum requirements for federal financial participation in 42USC§1396.  Each state’s Medicaid program must cover hospital services under 42USC§1396a(10)(A), 42USC§1396d(a)(1)-(2).  Providers incorporate the same type of financial date in their Medicaid cost reports as contained in their Medicare cost reports, and include data concerning the number of Medicaid patient days at a given facility.

 

13. As a prerequisite to payment by Medicare CMS requires hospitals to submit annually a form CMS-2552, more commonly known as the Hospital Cost Report.  After the end of each hospital’s fiscal year, the hospital files its Hospital Cost Report with the fiscal intermediary, stating the amount of reimbursement the provider believes it is due for the year under 42USC§1395g(a) and 42CFR413.20; 405.1801(b)(1).  As of 1996 the Hospitals Cost Report was revised to include the following notice:  Misrepresentation or falsification of any information contained in this cost report may be punishable by criminal, civil and administrative action, fine and/or imprisonment under federal law.  Furthermore, if services identified in this report were provided or procured through the payment directly or indirectly or a kickback or where otherwise illegal, criminal, civil and administrative action, fines and/or imprisonment may result.  Each year since 1993 and continuing through the filing of the original complaint, the Health Alliance submitted Hospital Cost Reports that falsely represented compliance with Medicare regulations and laws, including the Anti-Kickback statute, whereby each CMS Form UB-92/UB-82 was a false claim.  These misrepresentations were material to the decision of the Government to pay for the services. 

 

14. The government shall complete its discovery by December 31, 2008.  Discovery will be completed by June 1, 2009.  All dispositive motions must be filed by July 1, 2009.  A final pretrial conference has been tentatively scheduled for September 10, 2009 at 2:00pm.  A charging conference is tentatively scheduled for October 1, 2009 at 2:00 pm with the Summary Jury Trial commencing on October 13, 2009.  It is expected to last for three days.  An expected five week jury trial has been scheduled to commence November 3, 2009. 

 

III. Qualifying Cardiovascular Disability for Recovery

 

15. Cardiovascular disease does not appear on the Social Security Administration (SSA) Quick list of disabilities.  Cancer and many rare diseases have been included on the quick list however cardiovascular disease remains the most frequently reported cause of death amongst disability insurance petitioners whose claims have been denied.  SSA needs to allow cardiovascular disease onto the Quick List so that disabled petitioners with heart disease swift and stress-less recovery of compensation and those disability beneficiaries who later become afflicted with heart disease shall be afforded the extra nutritional and security costs of treating their illness.  Recovery from cardiovascular disease requires the adoption of a heart healthy life style.  People with cardiovascular disease must wear latex gloves when reading correspondence, particularly from medical billers, and should strive to immediately and completely eliminate all paperwork and identity theft, from their home and life.  People with cardiovascular disease must completely avoid LDL cholesterol and trans-fats.  Cholesterol is however 50% of the chemical make-up of the brain.  People with cardiovascular disease must obtain sufficient dietary HDL cholesterol and fiber from brown rice and oatmeal that they supplement with multi-vitamins or fresh fruit and vegetables and lean cuts of meat.  New York City and the State of California have passed laws banning trans-fats.  Other states should follow their example.  Heart disease is too deadly a disease to ignore.  Law abiding restaurateurs, grocers, food suppliers and citizens should do their part to prohibit cardiac biological weapons and ban trans-fats at the state and federal legislatures.  SSA must extremely cautious regarding stigmatizing their petitioners who are suffering from heart disease and the utmost precautions must be taken to protect their privacy whereas there is ample evidence that heart disease is a common persecution. Cardiovascular disease is not necessarily fatal but it is certainly disabling and sufferers must devote 100% of their attention to survival.  SSA must do their part to give people with heart disease a fighting chance by adding cardiovascular disease to the SSA Quick List of Qualified Disabilities.

 

16. The Centers for Medicare, Medicaid and SCHIP (CMS) should require “Biological Weapons and Kidnapping are Prohibited” to be inscribed on the letterheads of all their contracts.  The prohibition of biological weapons is of vital importance for all Americans.  For those suffering heart disease, it is a matter of life and death.  It is a conspiracy offense to disregard complaints of bio-terrorism as mental illness or dementia.  People treated for mental illness in the public system are dying 25 years younger than the average American, opposed to 15 years younger a decade ago.  Medical education and employment must not omit bio-security.  There will be no abusive medical billing of the poor, or of people involuntarily hospitalized for mental illness or any socio-pathic referral schemes with kickbacks evident in the Fry case.  Offensive prescriptions of law must be immediately rejected, amended or repealed.  Ultra vires, unauthorized practices of law, delivering toxins in the legal system, infringing upon the health sector, or driving the health sector to socio-pathy, must be dismissed.  Records must be sealed.  Counsel can be found in medical ethics.  Pillowcases, sheets, death beds, wardrobes, landladies, nurses, doctors, friends, family members, lovers, medical bills, courts, and politicians may all need to be thrown away to control the conflict of interest with pain. Angina is different than Cancer (Can-sir) that also seems to be a sexually transmitted disease vector that one probably wants to avoid legitimizing at a medical office and easily hacked test.  People suffering angina can be heard complaining from the instant their defenses have been breached.  People with angina are in most cases being abused by the death beds and war-drobes of a treacherous landlady or woman they love, who has betrayed them for police protection and promise of a cut of the CMS payments or will, or they have detected and redressed the abuse, but suffered serious damage to their heart physiology or chemistry.  Overexposure to irritants can cause permanent damage.  Wounded hearts heal, but not if they are under constant attack.

 

17. There are a number of cardiac drugs on the market.  Prescription heart medicines like ACE inhibitors, Beta blockers and Statin anti-cholesterol drugs have a lot of side effects that prevent the heart from achieving the perfection of homeostasis it must maintain to completely heal.  Drugs must be taken as prescribed, to properly redress specific imbalances, with the intention of being cured and quitting the medication.  Modern medicine has a way of prolonging the pain begun by leaks of cardiac laboratory research.  A daily aspirin greatly reduces the risk of dying from a heart attack by helping to keep the blood thinned.  For $10 the Bayer Aspirin with Heart Advantage cholesterol fighting tablets can help at times that a person has consumed too much cholesterol.  Statin cholesterol fighting drugs, like the new Bayer aspirin or Bayercol that was removed from the market in 2000, can deplete a person’s Co Enzyme Q 10 to a life threatening degree.  Apparently people over the age of thirty stop producing Co Enzyme Q 10. Co Enzyme Q 10 can be found in high quantities in wild game and grass fed meat or purchased as a nutritional supplement at Kroger or any drug store for between $8 and $24.   The 100mg Co Enzyme Q 10 may provide instant relief but at 333% of the daily recommended allowance over three days can lead to an excess that must be neutralized with fats found in meat or nuts, 50 mg gel tablets are more recommended.  If quickly and properly treated arteriosclerosis may only be disabling for three days, a week or month.  If the disease causes damage to the chemistry of the heart a longer illness can result.  With Bayer Heart Advantage, Co Enzyme Q 10, Oral Chelation™ or prescription clot buster, a healthy diet and cardiovascular exercise, such as long walks or 10 miles a week jogging, free of all exposure to biological weapons and trans fats, people who have suffered a debilitating heart attack can often make a full recovery in 6 months.

 

18. Since 1963 Congress and the American Heart Association has required the president to proclaim February "American Heart Month."  AHA recommends that patients with acute heart disease should take the ambulance, otherwise they are likely to be turned away.  Cardiovascular diseases vies with cancer as the No. 1 killer in the United States for both men and women.  Stroke is No. 3 and a leading cause of serious disability.  Together cardiovascular disease and stroke have been the leading cause of death since WWII.  Conjecture leads one to believe that modern heart disease may have been a WWII military experiment that leaked.  Of the estimated 65 million people watching their cholesterol, 7 million Americans suffer angina and of 2.4 million people who died in 2004, roughly 666,000 died from heart disease and 150,000 from stroke.  People suffering angina have a 20% chance of suffering a fatal heart attack over ten years.  The prevalence of heart disease is increasing amongst younger people and it is time for America to improve outcomes for heart disease at all ages.  One in every 300 Americans will be killed by a blocked artery in 2007.  Every 34 seconds an American dies as the result of a blocked cardiac artery.  As an American, there's a 90 percent chance that poor circulation will trigger a serious health problem at some point in life. More than 6.8 million Americans undergo heart bypass, balloon angioplasty and other circulation-related procedures each year. 1 million undergo angioplasty and 500,000 heart surgery. 700,000 Americans will suffer a sudden blockage of blood flow to the brain in 2007- 83 every hour of the day. Each year, about 1.1 million people in the United States have heart attacks, and almost half of them die. Mortality differs significantly by race or ethnic group as measured by age adjusted death rates.  In 1998 these death rates per 100,000 people from heart disease in the United States were 211.8 for black non-Hispanics, compared to 145.3 for white non-Hispanics, 101.5 for Hispanics, 106 for American Indians and 78 for Asians.  No expert in love, information on common diseases and conditions of the heart can be found at the National Heart, Lung, and Blood Institute’s Diseases and Conditions Index

 

19. The body is very sensitive to changes in blood pressure. Special cells in the arteries, called baroreceptors (BAR-o-re-SEP-ters), can sense if blood pressure begins to rise or drop. When the baroreceptors sense a rise or drop in blood pressure, they cause certain responses to occur throughout the body in an attempt to bring the blood pressure back to normal. For example, if you stand up quickly, the baroreceptors will sense a drop in your blood pressure. They quickly take action to make sure that blood continues to flow to the brain, kidneys, and other important organs. The baroreceptors cause the heart to beat faster and harder. They also cause the small arteries (arterioles) and veins (the vessels that carry blood back to the heart) to narrow. High blood pressure is a blood pressure reading of 140/90 mmHg or higher. Both numbers are important. Nearly 1 in 3 American adults has high blood pressure. Once high blood pressure develops, it usually lasts a lifetime. The good news is that it can be treated and controlled.  Blood pressure changes during the day. It is lowest as you sleep and rises when you get up. It also can rise when you are excited, nervous, or active.  Still, for most of your waking hours, your blood pressure stays pretty much the same when you are sitting or standing still. That level should be lower than 120/80 mmHg. When the level stays high, 140/90 mmHg or higher, you have high blood pressure. For example, 160/80 mmHg would be stage 2 high blood pressure. With high blood pressure, the heart works harder, your arteries take a beating, and your chances of a stroke, heart attack, and kidney problems are greater.  Hypotension is abnormally low blood pressure. Normal blood pressure is a reading of less than 120/80 mmHg (mmHg = millimeters of mercury, a unit for measuring pressure). Hypotension is blood pressure that is lower than 90/60 mmHg.  In a healthy person, hypotension without signs or symptoms is usually not a problem and requires no treatment. Doctors will want to identify and treat any underlying condition that is causing the hypotension, if one can be found. Hypotension can be dangerous if a person falls because of dizziness or fainting. Shock, a severe form of hypotension, is a life-threatening condition that is often fatal if not treated immediately. Shock can be successfully treated if the cause can be found and the right treatment provided in time.

 

20. A heartbeat actually is a complicated series of very precise and coordinated events that take place inside and around your heart. Each side of your heart uses an inlet valve to help move blood between the atrium and ventricle. The tricuspid valve does this between the right atrium and ventricle. The mitral valve does this between the left atrium and ventricle. The "lub" is the sound of the mitral and tricuspid valves closing. Each of your heart’s ventricles has an outlet valve. The right ventricle uses the pulmonary valve to help move blood into the pulmonary arteries. The left ventricle uses the aortic valve to do the same for the aorta. The "DUB" is the sound of the aortic and pulmonary valves closing.  Each heartbeat has two basic parts: diastole (di-AS-toe-lee, or relaxation) and atrial and ventricular systole (SIS-toe-lee, or contraction). During diastole, the atria and ventricles of your heart relax and begin to fill with blood. At the end of diastole, your heart’s atria contract (an event called atrial systole) and pump blood into the ventricles. The atria then begin to relax. Next, your heart’s ventricles contract (an event called ventricular systole) and pump blood out of your heart. A heartbeat is a single cycle in which your heart’s chambers relax and contract to pump blood. This cycle includes the opening and closing of the two inlet and outlet valves of the right and left ventricles of your heart.  Each heartbeat has two basic parts: diastole, and atrial and ventricular systole. During diastole, the atria and ventricles of your heart relax and begin to fill with blood. At the end of diastole, your heart’s atria contract (atrial systole), pumping blood into the ventricles, and then begin to relax. Your heart’s ventricles then contract (ventricular systole), pumping blood out of your heart.  Each beat of your heart is set in motion by an electrical signal from within your heart muscle. In a normal, healthy heart, each beat begins with a signal from the SA node. This is why the SA node is sometimes called your heart’s natural pacemaker. Your pulse, or heart rate, is the number of signals the SA node produces per minute.  In Atrial Fibrillation (AT), the ventricles may beat up to 100-175 times a minute, in contrast to the normal rate of 60-100 beats a minute. 

 

21. It is estimated that 65 million American adults with high blood cholesterol need to make the therapeutic lifestyle changes (TLC) needed to lower their cholesterol and, with it, their risk for heart disease. To understand high blood cholesterol (ko-LES-ter-ol), it is important to know more about cholesterol. Cholesterol is a waxy, fat-like substance that is found in all cells of the body. Your body needs some cholesterol to work the right way. Your body makes all the cholesterol it needs. Cholesterol is also found in some of the foods you eat. Your body uses cholesterol to make hormones, vitamin D, and substances that help you digest foods. Blood is watery, and cholesterol is fatty. Just like oil and water, the two do not mix. To travel in the bloodstream, cholesterol is carried in small packages called lipoproteins (lip-o-PRO-teens). The small packages are made of fat (lipid) on the inside and proteins on the outside. Two kinds of lipoproteins carry cholesterol throughout your body. It is important to have healthy levels of both: Low-density lipoprotein (LDL) cholesterol is sometimes called bad cholesterol. High LDL cholesterol leads to a buildup of cholesterol in arteries. The higher the LDL level in your blood, the greater chance you have of getting heart disease. Less than 200 mg/dL of LDL is desirable and greater than 240 mg/dL is considered high. High-density lipoprotein (HDL) cholesterol is sometimes called good cholesterol. HDL carries cholesterol from other parts of your body back to your liver. The liver removes the cholesterol from your body. The higher your HDL cholesterol level, the lower your chance of getting heart disease.  HDL less than 40 mg/dL (for men) is considered a major risk factor and an HDL of 60 mg/dL and above is considered protective against heart disease.  HDL good cholesterol and fiber is found in oatmeal and brown rice.  Red meat should avoided and beans are a good protein substitute.

22. An aneurysm (AN-u-rism) is an abnormal bulge or “ballooning” in the wall of an artery. Arteries are blood vessels that carry oxygen-rich blood from the heart to other parts of the body. An aneurysm that grows and becomes large enough can burst, causing dangerous, often fatal, bleeding inside the body. Most aneurysms occur in the aorta. The aorta is the main artery that carries blood from the heart to the rest of the body. The aorta comes out from the left ventricle (VEN-trih-kul) of the heart and travels through the chest and abdomen. An aneurysm that occurs in the aorta in the chest is called a thoracic (tho-RAS-ik) aortic aneurysm. An aneurysm that occurs in the aorta in the abdomen is called an abdominal aortic aneurysm. Aneurysms also can occur in arteries in the brain, heart, intestine, neck, spleen, back of the knees and thighs, and in other parts of the body. If an aneurysm in the brain bursts, it causes a stroke.  About 15,000 Americans die each year from ruptured aortic aneurysms. Ruptured aortic aneurysm is the 10th leading cause of death in men over age 50 in the United States. Many cases of ruptured aneurysm can be prevented with early diagnosis and medical treatment. Because aneurysms can develop and become large before causing any symptoms, it is important to look for them in people who are at the highest risk. Experts recommend that men who are 65 to 75 years old should be checked for abdominal aortic aneurysms.  When found in time, aneurysms can usually be treated successfully with medicines or surgery. If an aortic aneurysm is found, the doctor may prescribe medicine to reduce the heart rate and blood pressure. This can reduce the risk of rupture.  Large aortic aneurysms, if found in time, can often be repaired with surgery to replace the diseased portion of the aorta.

 

23. Treatment recommendations for aortic aneurysms are based on the size of the aneurysm. Small aneurysms found early can be treated with "watchful waiting." If the diameter of the aorta is small-less than 3 centimeters (cm)-and there are no symptoms, "watchful waiting" and a followup screening in 5 to 10 years may be all that is needed, as determined by the doctor.  If the aorta is between 3 and 4 cm in diameter, the patient should return to the doctor every year for an ultrasound to see if the aneurysm has grown.  If the aorta is between 4 and 4.5 cm, testing should be repeated every 6 months.  If the aorta is larger than 5 cm (2 inches around or about the size of a lemon) or growing more than 1 cm per year, surgery should be considered as soon as possible.  Two main types of surgery to repair aortic aneurysms are open abdominal or open chest repair and endovascular repair. The traditional and most common type of surgery for aortic aneurysms is open abdominal or open chest repair. It involves a major incision in the abdomen or chest. General anesthesia is needed with this procedure. The aneurysm is removed and the section of aorta is replaced with an artificial graft made of material such as Dacron® or Teflon®. The surgery takes 3 to 6 hours, and the patient remains in the hospital for 5 to 8 days. It often takes a month to recover from open abdominal or open chest surgery and return to full activity. Open abdominal and chest surgeries have been performed for 50 years. More than 90 percent of patients make a full recovery.

 

24. Heart surgery is used to correct serious heart problems. The most common type of heart surgery for adults is coronary artery bypass grafting (CABG). During CABG, surgeons use healthy arteries or veins taken from another part of the body to bypass (that is, go around) blocked arteries. CABG relieves chest pain and reduces the risk of heart attack.  Heart surgery also is done to:  Repair or replace valves that control blood flow through the heart  Repair abnormal or damaged structures in the heart  Implant medical devices that regulate heart rhythms or blood flow  Replace a damaged heart with a healthy heart from a donor (heart transplant). Traditional heart surgery, often called "open heart surgery," is done by opening the chest wall to operate on the heart. Almost always, the chest is opened by cutting through a patient's breastbone. Once the heart is exposed, the patient is connected to a heart-lung bypass machine. The machine takes over the pumping action of the heart. This allows surgeons to operate on a still heart.  Heart surgery is done to correct problems with the heart. More than half a million heart surgeries are done each year in the United States for a variety of heart problems. For very ill people with severe heart problems, heart surgery can reduce symptoms, improve quality of life, and increase lifespan. 

 

IV. Federal Appetite for Precise Tax Deductible Contributions

 

25. FY 2009 federal account deficits – the $3.5 million Federal Highway Administration (FHA) leadership deficit and $350 million Social Security staffing deficit – must be redressed.  The federal government was kind enough to give the people a tax rebate.  It is only fair that at the end of FY2008 the people would balance the federal budget for FY 2009.  Budget shortfalls in the Highway Trust fund have weighed against a $3.885 million deficit in the Federal Highway Administration.  For the past five years the Social Security administration funding has created a staffing shortage of 8,100 social workers, who at $40,000 a year would cost $350 million annually.  There are however administrative costs and legal fees, not to mention the $1 billion cost of $500 dismissals for the 1.4 million people were awaiting a decision on their initial claim or appeal for Social Security or Supplemental Security Income (SSI) disability benefits as of early 2008.  Although they have not gone unnoticed, FHA and SSA do not seem to enjoy the satisfaction of their appetite as the FDA and USDA food inspectors, by Senator Sherrod Brown (D-OH).  The FHA and SSA are therefore remanded to the jury to nullify the tax laws that deny their reasonable $350 million and $3.5 million demands for a tax deductible verdict.  SSA may also ask the jury permission to administrate +/- $1 billion in $500 dismissals for all 1.4 million backlogged petitioners, who must be enabled to re-file by mail, if still in need. 

 

26. Revenues for the Federal Highway Trust Fund begin falling short of planned federal spending in FY 2009.  The fund provides the overwhelming bulk of federal dollars spent on highways. It gets its money mainly from the 18.4 cents-a-gallon excise tax that drivers pay at the pump. About 45% of all highway spending comes from the trust fund. With less funding states must turn elsewhere.  The fuel tax would have to be increased by 10 cents per gallon through 2015 to restore the purchasing power of the program.  The Senate Finance Committee is looking into temporary ways to refinance the trust fund, including redirecting some transportation-related taxes that now go into the government's general account and clamping down on gas tax fraud. A Transportation Department commission also plans to issue recommendations by the end of this year.  By the middle of the next decade, the highway trust fund will be providing $100 billion to $150 billion below real needs for building highways and bridges,  The Federal Highway Administration Discretional Budget Authority is running a deficit of -3,885,000, a -26.63% change from the surplus of the year before.  In accepting this proposed tax deductible contribution from the federal jury the Commissioner of Social Security shall not fail to offset the $3.9 million deficit in the Federal Highway Administration Discretional Budget Authority.

 

27. The SSA administration budget has been $720.0 million dollars, and about 8,000 work years reduction short for the last five years. It is interesting to note that while total Executive Branch employment is expected to increase 2.1% from FY 2006 to FY 2008, SSA’s employment is expected to decrease by 6.2%.  Overall agency employment dropped from 63,569 in 2003 to 60,206 at the end of 2007.  The 2008 appropriations was the first time that Congress has appropriated at or above the President’s Budget request since 1993.  Extra funding will be used to strengthen direct service operation with the hiring of 3,900 employees, 1,300 employees more than the expected losses for this year.  We urge approval of no less than $10.1 billion for SSA in Fiscal Year 2008. Additional resources above the President’s Budget Request of $9.597 billion are absolutely essential to begin the restoration of the service levels that the public deserves from SSA. The American Federation of Government Employees (AFGE) and other groups interested in the SSA administrative cost crisis recommended that SSA be allocated $11 billion in administrative cost or $673 million over the President’s budget in FY 2009.  This amount would restore some lost staff and allow the Agency the opportunity to significantly reduce backlogs.  The jury shall therefore make $350 million available to SSA over their enacted budget to begin hiring 8,100 social workers, at an estimated $40,000 a year, for a total of $11 billion in FY 2009 and $11.5 billion in FY 2010, to ensure adequate staffing of the social security administration.

 

28. Since 2000 there has been a breakdown in funding for the Social Security Administration (SSA) and despite a productivity increase of more than 15 percent since 2001, the administrative funding SSA has received has been well below the level needed to keep up with this growing workload.  From Fiscal Year (FY) 1998 through FY 2007, SSA received a cumulative total of $1.3 billion less than was requested by the President, and $4.6 billion less than the Commissioner’s own budget for the agency. As a result, by the end of calendar year 2007, SSA staffing had dropped to almost the level in 1972 - before the start of the Supplemental Security Income (SSI) program - even though SSA’s beneficiary population has nearly doubled since that time.   The dramatic increase in the disability claims backlog coincides with this period of under-funding the agency, leaving people with severe disabilities to wait years to receive the benefits to which they are entitled.  The average processing time for cases at the hearing level has increased dramatically since 2000, when the average time was 274 days.  In the current fiscal year, SSA estimates that the average processing time for disability claims at the hearing level will be 535 days, nearly twice as long as in 2000.  The primary reason for the continued and growing disability claims backlogs is that SSA has not received adequate funds for its management costs. Although Commissioner Astrue has made reduction and elimination of the disability claims backlog one of his top priorities, without adequate appropriations, the situation will deteriorate even more.. 

 

29. The number of disabled workers drawing Social Security Disability Insurance has more than doubled since 1990 from 3 million to 6 ˝ million, an increase of 117% and the number of disabled SSI beneficiaries has increased during this same time period by 66%.  1.4 million people were awaiting a decision on their initial claim or appeal for Social Security or Supplemental Security Income (SSI) disability benefits as of early 2008. Initial applications for disability benefits have grown over 20% in the last decade. As of March 2008 the backlog of appealed cases is over 750,000. These people wait, on average, nearly 500 days from the beginning of their claim to receiving a final determination. Almost 300,000 of these cases are over a year old. If SSA continues the current process of excessively denying eligible claimants initially, the administrative costs will naturally escalate as more cases continue to be appealed and waiting times increase.  Obviously, wrongful initial denials cause great hardship to citizens who have paid their Social Security taxes to obtain insured status and do not receive the benefits to which they are entitled.

 

30. Under the Federal Food, Drug and Cosmetic Act, any food that is “prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health” is deemed adulterated and its sale is prohibited. The Food and Drug Administration (FDA) is responsible for ensuring the safety of roughly 80 percent of the U.S. food supply, including $417 billion worth of domestic food and $49 billion in imported food annually. It is estimated that there were approximately 76 million cases per year of illness from foodborne agents in the United States, with 325,000 hospitalizations and 5,000 deaths. Foodborne illnesses are caused by more than 200 different foodborne pathogens (agents that can cause illness) of which we are aware.  Ensuring the safety of food for human and animal use is a shared responsibility between the public and private sectors. FDA has the authority to establish regulatory standards, inspect facilities, and take action if there are violations, but it is ultimately the responsibility of industry to ensure that food and feed intended for consumption in the United States meet applicable FDA standards.

 

31. In November 2007, FDA released its Food Protection Plan, which articulates a framework for improving food safety oversight.  The FDA plans to spend about $90 million over fiscal years 2008 and 2009 to implement several key actions, such as identifying food vulnerabilities and risk.  For example, based on FDA estimates, if FDA were to inspect each of the approximately 65,500 domestic food firms regulated by FDA once, the total cost would be approximately $524 million. The numbers of food firms have increased while inspections have decreased. For example, between 2001 and 2007, the number of domestic firms under FDA’s jurisdiction increased from about 51,000 to more than 65,500, while the number of firms inspected declined slightly, from 14,721 to 14,566.  If the FDA were to inspect each of the approximately 65,500 domestic food firms regulated by FDA, at the Commissioner’s May 2008 estimate of $8,000 for a domestic food safety inspection, it would cost approximately $524 million to inspect all of these facilities once. Similarly, if FDA were to inspect each of the 189,000 registered foreign facilities (which includes facilities that manufacture, process, pack, or hold foods consumed by Americans) at the Commissioner’s estimated cost of $16,700 per inspection, it would cost FDA approximately $3.16 billion to inspect all of these facilities once.

 

32. Despite its growing list of responsibilities and accompanying needs, FDA's budget has declined in real terms. In recent years, its annual budget requests have not covered its own needs, its annual appropriations have not kept pace with inflation, and the agency has become increasingly dependent on user fees. Federal funding for other public health agencies, such as the Centers for Disease Control and Prevention and the National Institutes of Health, has increased, but FDA's federal funding is dwindling. Funding for domestic food investigations is down by a fifth since 2002, even without adjusting for inflation or increased workload.

 

a. Food safety field, laboratory, and center staff have fallen by 10 to 30%. Staffing levels are now at some of the lowest levels in years.

b. Inspections for high risk food facilities, including fresh produce firms, have declined by a quarter since 2004.

c. Laboratory sampling is down by a quarter since 2003. Even sampling of high risk foods has declined during this time period.

d. The agency is able to inspect less than 1% of food imports. Even as food imports increase, the number of FDA inspectors has fallen since 2003.

e. The number of warning letters issued by the agency for violations of federal requirements has fallen by over 50%, from 1,154 in 2000 to 535 in 2005, a 15-year low.

f. The number of seizures of mislabeled, defective, and dangerous products has declined by 44%.

g. Only one enforcement measure has shown a significant increase over the last five years: the number of FDA-regulated products on the market that had to be recalled increased by 44%, from 3,716 in 2000 to 5,338 in 2005.

 

33. In its fiscal year 2008 budget, FDA received approximately $620 million for food protection, an increase of about $56 million over fiscal year 2007, and directed $48 million of that amount toward implementing the Food Protection Plan, according to FDA. FDA requested approximately $662 million for food safety for fiscal year 2009, an increase of about $42 million over fiscal year 2008.  In February 2008, the Science Board estimated that, to implement its recommendations to protect the nation’s food supply, FDA’s base budget would need to increase by a total of $755 million by fiscal year 2013, phased in over time starting with $128 million in fiscal year 2009.  In May 2008, FDA’s Commissioner of Food and Drugs provided his professional judgment in response to a congressional request of FDA’s immediate resource needs to implement key initiatives across the core elements of the Food Protection Plan. The Commissioner called for an additional $125 million for food protection in fiscal year 2008 beyond the $48 million that FDA had already allocated for implementing the Food Protection Plan in this fiscal year. The plan outlines spending on all three core elements of the Food Protection Plan––a total of about $21 million for prevention, about $34 million for intervention, and about $23 million for response for fiscal years 2008 and 2009. FDA also reported that, in fiscal year 2008, the agency intends to hire nearly 1,500 full time equivalents (FTE), including approximately 730 to fill vacant positions. Of these, 161 will be new FTEs funded by congressional increases dedicated to food safety activities. In addition, in fiscal year 2009, FDA plans to hire 94 new FTEs for food safety activities.  After the Commissioner provided his assessment of FDA’s resource needs, the Senate passed an Iraq War Supplemental that included an additional $119 million for food safety to be available through fiscal year 2009. In addition, on June 9, 2008, the Department of Health and Human Services announced that the Administration is amending its fiscal year 2009 budget request to include, in part, a $125 million increase for food safety.  

34. The Food and Drug Administration Globalization Act of 2008 would, in part, provide some of FDA’s requested funds.  Safe And Fair Enforcement and Recall for (SAFER) Meat, Poultry, and Food Act of 2007 (H.R. 3484 and S. 3267) would give the USDA and the FDA the authority to mandate recalls of the foods under their respective jurisdictions. USDA has jurisdiction over meat and poultry while the FDA has jurisdiction over fruits and vegetables.  H.R. 3485, the TRACE (Tracing and Recalling Agricultural Contamination Everywhere) Act, giving the FDA and USDA the authority to develop a comprehensive food traceability system that tracks foods from the farm to the fork.

V. Reinvesting University Hospital into Community Mental Health

 

35. Psychiatry is the root of all evil.  The slavery and enforced medication of the mentally ill at Probate Court undermines the Justice of the Peace so much that wills bear this warning label and there is not only incentive but a permanent conspiracy for the medical establishment to poison them.  Psychiatry is the discrimination that drives the medical establishment to socio-pathy and violence on a scale only those more skilled with a microscope than people can achieve.  Convicted that the populace is fooled the medical establishment commits the most atrocious crimes short of nuclear holocaust, mostly to make money making people sick and be paid to treat them but also for ego and witness elimination.  Now mental illness really occurs.  Mental illness is however discrimination in its purest form, a person either wishes to justify shirking their responsibilities or is being deprived of their right to self determination so important to the healer – the patient.  An estimated 25% of the population suffer from mental illness any given year.  Suicide takes the lives of an estimated 30,000 mostly teenage and elderly men over 85 in the USA.  What is often overlooked is that mental illness is usually either the result of abuse, withdrawal from tobacco or other drugs or a large and/or involuntary dose of mind altering drugs such as LSD.  The proof is that psychotherapy is expected to heal while psychiatric prescriptions are for the lifetime of the fool.  Psychiatry bears the brunt of the pay cuts in the Medicare Improvements for Patients and Providers Act of 2008 HR 6331 that promotes psychotherapy and access but fails to precisely prohibit the payment of involuntary hospitalization, the bread and butter of the white slavery movement.

 

36. Extra care must be taken to prevent the mentally ill from being used in involuntary biological experiments by people who falsely claim to be their legal representatives.  The Declaration of Helsinki at (24) states for a research subject who is legally incompetent, physically or mentally incapable of giving consent or is a legally incompetent minor, the investigator must obtain informed consent from the legally authorized representative in accordance with applicable law. These groups should not be included in research unless the research is necessary to promote the health of the population represented and this research cannot instead be performed on legally competent persons.  At (25) when a subject deemed legally incompetent, such as a minor child, is able to give assent to decisions about participation in research, the investigator must obtain that assent in addition to the consent of the legally authorized representative.  The recent breakthrough regarding the human genome has not yet led to any practical solutions for genetic diseases.  Newfound interest in the study of genetics however poses a great threat to bio-security.  Eugenics proved to be a tragedy for humankind and disaster for the emerging science of genetics that was tainted.  Eugenics had lost its credibility long before the Nazis appropriated it for their own horrific purposes.  The science underpinning it was bogus and the social programs constructed upon it utterly reprehensible.  With the development during the 1930’s and 1940’s of new and more effective technologies for studying biological molecules in ever greater detail, the social aspects of genetics faded away in focus upon the greatest biological mystery of all: what is the chemical nature of genes?  The National Institute of Mental Health (NIMH) greatly expanded their interest in the study of genetics December 20, 2007 giving rise to anxiety regarding health discrimination against genetic mental health information.  The Genetic Information Nondiscrimination Act of 2008 HR493 sponsored by Rep. Louise Slaughter (D-NY) was signed into law by President Bush on May 21, 2008.  The bill prohibits health discrimination on the basis of Genetic Information or Genetic Services. 

 

37. The Board of Mental Health and Recovery has failed Hamilton County with two major frauds and a toxic subsidy.  First by promoting the University Hospital Psychiatric Emergency Service (PES) and Mobile Crisis at the top of their home page for the benefit of the terrorist billers of Psychiatric Professional Services Inc. (PPSI) forcing people to scroll down to the middle of the list to discover the correct phone number of the Mental Health Access Point (MHAP).  Second by taxing already stressed homeowners in a Mental Health levy after being asked to fine the Health Alliance for the cost of re-investing the inpatient program to community shelters.  The market subsidy is the Excel program that pays for a portion of the cost of the mentally person’s rent making the corruption of landladies with toxins routine.  The Board really fooled the voters that they were the only nonviolent agency in the County when they were in fact the one that got the biological invasion through the door.  The levy did not improve access to services, the levy didn’t purchase a single community homeless shelter, in fact the only thing that the Mental Health Levy succeeded in doing was totally discrediting the Board.  It has now been determined that it is the social workers of the Board that must adjudicate the hospitalization of the mentally ill to free Probate Court of the corrupt responsibility and the Board would be stripped of their grants and funds by a Social Work Administration (SWA).    

 

38. The 72 Hour Hold warrants issued by Mobile Crisis of the University Hospital Psychiatric Emergency Service (PES) to the police are clearly in violation of federal law pertaining to Enticement into slavery 18USC(77)§1583.  Under this law whoever kidnaps or carries away any other person, with the intent that such other person be sold into involuntary servitude, or held as a slave shall be fined under this title or imprisoned not more than 20 years, or both. If death results from the violation of this section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for any term of years or life, or both.  On August 7, 2008 the Associated Press reported that a hospital CEO in Los Angeles was arrested after federal agents raided three medical centers. City attorney Rocky Delgadillo's office has also sued the hospitals, saying they used homeless people as "human pawns."  Hospitals in Los Angeles and Orange counties submitted phony Medicare and Medi-Cal bills for hundreds, perhaps thousands, of homeless patients -- including drug addicts and the mentally ill -- recruited from downtown's Skid Row, state and federal authorities allege.  While treating minor problems that did not require hospitalization, such as dehydration, exhaustion or yeast infections, the hospitals allegedly kept homeless patients in beds for as long as three days and charged the government for the stays.  Agents arrested Rudra Sabaratnam, CEO of City of Angels hospital, and Estill Mitts, operator of a Skid Row health assessment center, FBI spokeswoman Laura Eimiller said. They were in federal custody and were scheduled to be arraigned Monday.  A 21-count indictment unsealed Wednesday charged both men with conspiring to receive and take kickbacks for patient referrals and to commit health care fraud. Sabaratnam also was charged with paying kickbacks and Mitts was charged with money laundering and tax evasion. If convicted, Sabaratnam could face 50 years in federal prison, and Mitts could face 140 years, authorities said.  The practice of psychiatric enslavement at University Hospital is more cruel, the stays are longer and the patients are not paid anything for their time, they are b(k)illed for thousands of dollars.  The federal court and state should not hesitate to terminate the license of the private inpatient psychiatric hospital at Health Alliance’s University Hospital.  

 

39. The US District Court must order the Hamilton County Probate Court to immediately expunge their entire Internet record of mental illness cases under RC 5122.01®.  Mental illness means a substantial disorder of thought, mood, perception, orientation, or memory that grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life.  Mentally ill person subject to hospitalization by court order means a mentally ill person who, because of the person’s illness: Represents a substantial risk of physical harm to self as manifested by evidence of threats of, or attempts at, suicide or serious self-inflicted bodily harm.  Perjury is the rule.  Under Sec. 1171(6) of the Health Insurance Portability and Accountability Act (HIPAA) of 1996 PL 104-191 August 21, 1996 the term 'individually identifiable health information' means any information, including demographic information collected from an individual, that is created or received by a health care provider, health plan, employer, or health care clearinghouse; and relates to the past, present, or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual, and identifies the individual; or with respect to which there is a reasonable basis to believe that the information can be used to identify the individual.  Under Sec. 1177 it is an offense for a person who knowingly and in violation of this part uses or causes to be used a unique health identifier; obtains individually identifiable health information relating to an individual; or discloses individually identifiable health information to another person, shall be fined not more than $50,000, imprisoned not more than 1 year, or both; if the offense is committed under false pretenses, be fined not more than $100,000, imprisoned not more than 5 years, or both; and if the offense is committed with intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain, or malicious harm, be fined not more than $250,000, imprisoned not more than 10 years, or both.  Taking into account the falseness of the arrest, that the police refuse to even admit is an arrest although they handcuff the victim, and the illicit financial gain of the hospital, the maximum penalty should be levied by the United States, for this offense and the Court must immediately expunge their entire Internet record of mental illness cases under RC 5122.01® whereby Expunge” means the removal and destruction of court files and records, originals and copies, and the deletion of all index references. 

 

40. University Hospital should completely shut down their inpatient psychiatry program.  University Hospital is regionally renowned for their trauma care.  This reputation for trauma care is however undermined by the Psychiatric Emergency Services (PES) terrorists who corrupt the government, fuel psychological warfare and clearly impair people’s judgment with strife and mind altering substances.  Judgment that is needed when performing such dangerous tasks as driving a car or flying the sabotaged airplane taking off from the Lexington airport in August 2006 or coping with discrimination in the Virginia Tech massacre.   Psychiatric Emergency Services (PES), Mobile Crisis and Psychiatric Professional Services Inc. (PPSI) are hopelessly corrupt and need to be abolished, their records deleted and shredded.  The employees, after being vetted to prohibit torture, slavery, psychological warfare and organized crime, could be transferred to the Mental Health Access Point (MHAP) and community mental health shelters and counseling afforded by the criminal forfeiture of the inpatient facility.  Would the Health Alliance GC invest in the low yield investment of community psychiatry or must it be a government venture? 

41. The Health Alliance clearly needs to invest in loans for group homes and hassle free social work.  If the Health Alliance can become a community mental health program it is conceivable that Psych could become nationally competitive like Neurology and Ear, Nose and Throat as 8 East.  But as it stands the University Hospital psychiatric program undermines the operations of the general hospital and the local public health system.  In 2000 Mike Hogan Phd at the Conference for the Surgeon General’s Report on Mental Health of 1999 clearly stated, “the intention of the Ohio Department of Mental Health is to close all state mental institutions and private psychiatric hospitals in favor of community mental health.”  President Bush signed E.O. 13217 Community Based Alternatives for Individuals with Disabilities in 2001, to assist States and localities to ensure that all Americans with mental illness have the opportunity to live close to their families and friends, to live more independently, to engage in productive employment, and to participate in community life with unabridged access to community based alternative to institutionalization.  The Department of Justice and the Department of Health and Human Services are specifically called upon to investigate and resolve complaints filed on behalf of individuals who allege that they have been the victims of unjustified institutionalization. 

42. In Title 24 of the Code of Federal Regulations Chapter 7-9 housing assistance programs receive special government backing under Section 8 Housing Assistance programs, section 202 Direct Loan Program, Section 202 Supportive Housing for the Elderly Program and Section 811 Supportive Housing for Persons with Disabilities Program, Under 24CFR700.125  participants in Congregate Housing Services under section 802(e)(1), (4) and (5) are also eligible if they are temporarily disabled and priority is given to low income individuals. The mixed-finance owner must develop and continue to operate the same number of supportive housing units for elderly persons or persons with disabilities, as stated in the use agreement or other document establishing the number of assisted units, for a 40-year period. The owner must ensure that Section 202 or 811 supportive housing units in the development are and continue to be comparable to unassisted units in terms of location, size, appearance, and amenities. If due to a change in the partnership structure it becomes necessary to establish a new owner partnership or to transfer the supportive housing project, Sec.  891.863.  Housing subsidies really need to pay the poor persons so they themselves would honor tenant landlord relations.  There needs to be readily accessible, safe and secure temporary housing for people fleeing torture in their home. 

 

VI. Local Bio-Security Leaks

 

43. Cincinnati has not been a very peaceful place since the Centers for Medicare Medicaid and SCHIP (CMS) infringed upon the Hamilton County Court Computer Management System (CMS).  Secretary Califano created the Health Care Financing Administration (HCFA) on March 8, 1977. Secretary Thompson renamed HCFA to the Centers for Medicare & Medicaid Services (CMS) on June 14, 2001.  Hamilton County has not settled a tort case since.  The Ohio Appeals Court was formerly so charming the Prosecutor was appointed State Treasurer.  Unfortunately Joe Deters came back in the Presidential elections of 2004 convicted of political corruption and was re-elected County Prosecutor beginning in January 2005.  We pray for Hamilton County Public Defender, Louis F. Strigari Esq. and democracy.  Two famous bio-security leaks since the return of the overqualified prosecutor have not helped the reputation of the tortless court that needs to completely eliminate the hiring of torturers. Toxic comes from the Greek word meaning, of, relating to, or caused by a toxin; toxin is defined as, a poisonous substance produced by metabolic activities of a living organism that is usually unstable, very toxic when introduced into tissues and usually capable of inducing antibodies. 

 

44. On Saturday April 16, 2005 the Cincinnati Enquirer wrote that Meridian Bioscience of Newtown in Cincinnati, Ohio knew that it had shipped a potentially lethal flu virus to thousands of medical labs in 18 countries, but the virus itself was produced by a supplier in Virginia - and had probably lost its virulence. “They (Meridian) purchase the vials from other individuals, store them and mass-produce them for their customers - us," said Dr. Jared Schwartz, secretary-treasurer of the College of American Pathologists. Meridian officials hope to establish stricter guidelines in identifying the pathogens in Meridian's test kits, which are sold to labs that diagnose diseases. Association officials plan to meet with company officials in Newtown. Meanwhile, 77 percent of the 3,747 Meridian test kits distributed by CAP have been confirmed destroyed. "The goal is to have them all destroyed by today if possible". Meridian makes the kits for medical-testing laboratories to verify their ability to identify viruses. The company sells a range of diagnostic tests and related products. The publicly traded company derives 4 percent, or $3 million, of its annual revenue from the sale of test kits to the pathologists' college, a suburban Chicago-based group with nearly 16,000 physical members worldwide. CAP is the world's largest association of pathologists. Meridian might be guilty of poor judgment in sending out test kits containing the H2N2 virus associated with the flu pandemic of 1957-58.  Meridian told the association October 2004, that it was shipping test kits containing the weak H3N2 Shanghai flu, but the H2N2 went out instead, unbeknownst to all until it was detected last month by a lab in Vancouver. The H2N2 virus is believed to have been made for Meridian by American Type Culture Collection, a non-profit organization in Manassas, Va., that makes a host of viruses and pathogens for medical and scientific purposes. The H2N2 virus currently is classified as a mid-grade biosafety level 2 risk by the U.S. Centers for Disease Control and Prevention, leaving it in the same grade as other, less-deadly influenza viruses. In Canada and other countries, however, the H2N2 virus is assigned the highest biosafety level - 3. The CDC has said it will likely upgrade the H2N2 virus to level 3. The affair now involves groups from the World Health Organization to state health departments and has drawn congressional attention.  For locals vulnerable to unwarranted search and seizure, it meant a night of vomiting.  It is presumed that all H2N2 was destroyed and Meridian no longer trades in products that pose bio-safety risks.

 

45. In February of 2008 the University of Cincinnati Alumni Association newsletter touted UC to be 15th leading public health research university in the nation.  They cited an article in the American Journal of Physiology Heart Circulatory Physioliogy 294: H257-H262, 2008 that was first published in November 2, 2007 titled, “Coronary effluent from a preconditioned heart activates the JAK-STAT pathway and induces cardioprotection in a donor heart”.  In this article Submitted 3 July 2007 ; accepted in final form 1 November 2007 Lynn C. Huffman, Sheryl E. Koch, and Karyn L. Butler of the Department of Surgery and Institute of Molecular Pharmacology and Biophysics, University of Cincinnati, Cincinnati, Ohio found that preconditioning (PC) protects against ischemia-reperfusion (I/R) injury via the activation of the JAK-STAT pathway. They hypothesized that the mediators responsible for PC can be transferred to naive myocardium through the coronary effluent. Langendorff-perfused hearts from male Sprague-Dawley rats were randomized to paired donor/acceptor protocols with or without PC in the presence or absence of the JAK-2 inhibitor AG-490 (n = 6 for each group). Warmed, oxygenated coronary effluent collected during the reperfusion phases of PC (3 cycles of 5 min ischemia and 5 min reperfusion) was administered to acceptor hearts. The hearts were then subjected to 30 min ischemia and 40 min reperfusion. The left ventricles were analyzed for phosphorylated (p)STAT-1, pSTAT-3, Bax, Bcl, Bcl-XL/Bcl-2-associated protein (BAD), and caspase-3 expression by Western blot. A separate group of hearts (n = 6) was analyzed for STAT activation immediately after the transfer of the PC effluent (no I-R). Baseline cardiodynamics were not different among the groups. End-reperfusion maximal change in pressure over time (+dP/dtmax) was significantly (P < 0.05) improved in acceptor PC (3,637 ± 199 mmHg/s) and donor PC (4,304 ± 347 mmHg/s) hearts over non-PC donor (2,020 ± 363 mmHg/s) and acceptor (2,624 ± 345 mmHg/s) hearts. Similar differences were seen for minimal change in pressure over time (–dP/dtmin). STAT-3 activation was significantly increased in donor and acceptor PC hearts compared with non-PC hearts. Conversely, pSTAT-1 and Bax expression was decreased in donor and acceptor PC hearts compared with non-PC hearts. No differences in Bcl, BAD, or caspase-3 expression were observed. Treatment with AG-490 attenuated the recovery of ±dP/dt in acceptor PC hearts and significantly reduced pSTAT-3 expression. The PC coronary effluent activates JAK-STAT signaling, limits apoptosis, and protects myocardial performance from I/R injury, apoptosis; cardiac ischemia; ischemia-reperfusion injury; signal transducers and activators of transcription-3.  This feminist study broke the hearts of so many male humans that the US Attorney intervened on April Fool’s Day 2008.

 

Research pie chart46. Research dollars coming in to the University of Cincinnati (UC) and its affiliates hit an all-time high in 2007 of $333.5 million. A disproportianate amount of this research funding goes to the Academic Health Center and affiliates — supported mostly by NIH grants — brought in more than $270 million in 2007. This represents 81 percent of the university’s total research dollars.  Data for fiscal year 2007 was presented Tuesday, Nov. 27, to UC’s Board of Trustees by Sandra Degen, PhD, vice president for research.  She said "The majority of UC’s research funding comes from the National Institutes of Health (NIH) — a funder of basic and clinical research whose budget has remained flat for some time now.  UC researchers were able to increase the university’s total NIH funding by more than $6 million in 2007. That says a lot about the quality of research happening here.  Bio-medical research, particularly studies that use chemicals to induce diseases in laboratory animals, rather than searching for a cure, clearly present a hazard to public health.  Until bio-security in Hamilton County, Ohio dramatically improves the University of Cincinnati must be very careful not to develop or store any toxins that are dangerous to human health.  These toxins must be destroyed or properly disposed of in a legally prescribed fashion.  Bio-medical research should focus upon finding cures for diseases not stockpiling their causes.  As the result of the local CMS infringement there is far too much risk that these dangerous laboratory supplies will be diverted into the general populace of the County or shipped to other locations. 

 

47. Biological research using human test subjects must adhere to the voluntary principles of the Title 45, U.S. Code of Federal Regulations, Part 46, Protection of Human Subjects, Revised November 13, 2001, effective December 13, 2001, Declaration of Helsinki and companion Guiding Principles in the Care and Use of Animals.  45CFR §46.102 defines human subject as a living individual about whom an investigator (whether professional or student) conducting research obtains data through intervention or interaction with the individual, or identifiable private information.  Intervention includes both physical procedures by which data are gathered (for example, venipuncture) and manipulations of the subject or the subject's environment that are performed for research purposes.  Under §46.119 Research undertaken without the intention of involving human subjects.  In the event research is undertaken without the intention of involving human subjects, but it is later proposed to involve human subjects in the research, the research shall first be reviewed and approved by an Institutional Review Board (IRB). 

 

48. The Declaration of Helsinki at (10) protects the life, health, privacy, and dignity of the human subject. (20) The subjects must be volunteers and informed participants in the research project.  Extra care must be taken to prevent the mentally ill from being used in involuntary biological experiments by people who falsely claim to be their legal representatives, at (24) it states for a research subject who is legally incompetent, physically or mentally incapable of giving consent or is a legally incompetent minor, the investigator must obtain informed consent from the legally authorized representative in accordance with applicable law. These groups should not be included in research unless the research is necessary to promote the health of the population represented and this research cannot instead be performed on legally competent persons. (25) When a subject deemed legally incompetent, such as a minor child, is able to give assent to decisions about participation in research, the investigator must obtain that assent in addition to the consent of the legally authorized representative.  Under the Guiding Principles in the Care and Use of Animals the care and use of animals shall be such as to minimize discomfort and pain. All measures to minimize pain and distress that would not compromise experimental results may be employed.  The ethical treatment of animals is certainly the best guarantee for the ethical treatment of human subjects.  It is okay to try new remedies on sick animals but it is not at all recommended to make the animals sick.  With literature and drug research as advanced as it is most bio-medical research should involve patients trying remedies that have already shown high rates of success in healing their specific ailment.

 

49. The County Board of Health allows an estimated $1 million in prescriptions of law going by the name of “bio-terrorism” rather than “bio-security” or “prohibition of biological weapons” every week at their meetings and needs to adopt the more polite language of “bio-security” and reject grants that are so poorly written that they might be superior orders for bio-terrorism.  The Health Alliance GC and Hamilton County Clerk are both known for putting cardiac toxins on their b(k)ills.  There is also significant evidence that the CMS infringement abets the finance of the unauthorized practice of law, ultra vires, to tenant landlady relations, whereby typically landladies or female cohabitants are paid to give their men the painful and life threatening condition of angina.  This torture must stop.  Nationally, the American Journal of Physiology poses a serious threat to public health because every issue is filled with toxic and torturous research on animals in laboratories across the nation.  Much greater precautions need to be taken with laboratory supplies and Institutional Review Boards (IRBs) really need to make ethics a much greater concern and focus their research on healing.  The US shall ensure that the public health laboratories of their physicians are adequately supplied for the region they are located to perform (1) routine health laboratory work for the diagnosis of disease, (2) epidemiological surveillance of pathogens and diseases in the region, (3) analysis of substances suspected of being biological or chemical weapons prohibited by the Attorney General under 18USC(10)I§175

 

VII. Immunity Defense

 

50. Immunity is integral to the defense.  Everyone is entitled to medical immunity under the law.  Medical immunity is a state of having sufficient biological defenses to avoid infection, disease, or other unwanted biological invasion, and is related to the functions of the immune system.  Legal immunity confers a status on a person or body that makes that person or body free from otherwise legal obligations such as, liability for damages, arrest, punishment for criminal acts or unlawful search and seizure. Any action or proceeding brought against an individual who is entitled to immunity shall be dismissed. Such immunity may be established upon motion or suggestion by or on behalf of the individual under 22USC(6)§254d.   

 

51. Article 105 of the Charter of the United Nations provides that the Organization shall enjoy in the territory of each of its Member such privileges and immunities as are necessary for the fulfillment of its purposes.  Representatives of the Members of the United Nations and officials of the Organization shall similarly enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connection with the Organization.  With respect to a nonparty to the Vienna Convention, the mission, the members of the mission, their families, and diplomatic couriers shall enjoy the privileges and immunities specified in the Vienna Convention under 22USC(6)§254b. 

 
52. The Vienna Convention on Diplomatic Relations of April 18, 1961 (T.I.A.S. numbered 7502; 23 U.S.T. 3227), entered into force 
with respect to the United States on December 13, 1972. Article 22 provides, the premises of the mission, their furnishings and other 
property thereon and the means of transport of the mission shall be immune from search, requisition, attachment or execution.  Article 
31 ensures at 1. A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. He shall also enjoy 
immunity from its civil and administrative jurisdiction.  Under Article 39(1&2) Every person entitled to privileges and immunities 
shall enjoy them from the moment he enters the territory of the receiving State on proceeding to take up his post to when the functions 
of a person enjoying privileges and immunities have come to an end, such privileges and immunities shall normally cease at the moment 
when he leaves the country.  Under Art. 44 the receiving State must, even in case of armed conflict, grant facilities in order to enable 
persons enjoying privileges and immunities, it must, in particular, in case of need, place at their disposal the necessary means of 
transport for themselves and their property.  States may designate a representative of the mission a persona non grata and have them 
prevented from entering or removed from the country.
 

53. The Convention on Privileges and Immunities of the United Nations of February 13, 1946 elaborates at section 2 the United Nations, its property and assets wherever located and by whomsoever held, shall enjoy immunity from every form of legal process except insofar as in any particular case it has expressly waived its immunity.  Under section 3 the premises of the United Nations shall be immune from, requisition, confiscation, expropriation and any other form of interference, whether by executive, administrative, judicial or legislative action.  Under Section 4 the archives of the United Nations, and in general all documents belonging to it or held by it, shall be inviolable wherever located.  Section 11(a) assures representatives of Members immunity from personal arrest or detention and from seizure of their personal baggage, and, in respect of words spoken or written and all acts done by them in their capacity as representatives, immunity from legal process of every kind. 

 

54. Whenever a witness refuses, on the basis of his privilege against self-incrimination, to testify or provide other information to a Court, Agency or Congress of the United States, the witness may not refuse to comply with the order on the basis of his privilege against self-incrimination; but no testimony or other information compelled under the order (or any information directly or indirectly derived from such testimony or other information) may be used against the witness in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with the order under 18USCV(601)§6002. A Court under §6003, Agency under §6004 or Congress under §6005 may issue an order granting immunity when,  (1) the testimony or other information from such individual may be necessary to the public interest; and (2) such individual has refused or is likely to refuse to testify or provide other information on the basis of his privilege against self-incrimination.

 

55. The Sixth Amendment to the US Constitution is unique in guaranteeing a constitutional right to confront the witnesses against you.  The problem of witness intimidation is real and prevalent. Witnesses will not give evidence unless their identity is withheld from the defense. If they will not give evidence, dangerous criminals will walk free and both society and the administration of justice will suffer. The intimidation of witnesses is an age-old and worldwide problem.  Witness anonymity and protection are an essential and fundamental requirement for the kind of fair trial which is this country’s constitutional goal (Pointer v Texas 380 US 400, 405 (1965)) and as one of the fundamental guarantees of life and liberty (Kirby v United States 174 US 47, 55 (1899)). The practical significance of this right was explained in a majority opinion of the Supreme Court in Smith v Illinois 390 US 129, 131 (1968) where the petitioner was denied the right to ask the principal prosecution witness either his name or where he lived, R. v. Davis [2008] UKHL 36 June 18.

 

56. Under 18USC§3521 the Attorney General may provide for the relocation and other protection of a witness or a potential witness and/or their family for the Federal Government or for a State government in an official proceeding concerning an organized criminal activity or other serious offense, if the family or person may be endangered on account of the participation of the witness in the judicial proceeding.  The Attorney General may provide, (A) suitable documents to enable the person to establish a new identity or otherwise protect the person;  (B) housing and moving costs;  (D) payment to meet basic living expenses.

 

57. The local US Attorney’s Office upholds the Crime Victims’ Rights under 18USC§3771:

 

(1) The right to be reasonably protected from the accused.

(2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused.

(3) The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding.

(4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding.

(5) The reasonable right to confer with the attorney for the Government in the case.

(6) The right to full and timely restitution as provided in law.

(7) The right to proceedings free from unreasonable delay.

(8) The right to be treated with fairness and with respect for the victim’s dignity and privacy.

 

58. Medical immunity is a state of having sufficient biological defenses to avoid infection, disease, or other unwanted biological invasion, 
and is related to the functions of the immune system.  Freedom from unwarranted search and seizure is clearly of utmost important for 
the acheivement of the highest level of physical and mental health. First Amendment Privacy Protection protects people and associations 
from unreasonable search and seizure unless there is reason to believe that such action is necessary to prevent death or serious bodily injury 
under 42USC(21A)IA§2000aa(b)(2).  
 
59. There is a legal defense that a person is entitled to the Recovery of Civil Damages under 18USC(119)§2520 that provides for a mandatory 
$500 civil fine on the second or subsequent offense.  Hospitals & Asylum provides for up to $1,000 fine and 12 months in jail, for Intrusion 
of Reserves or Violations of Rules and Regulation under 24USC(3)V§154.  The Foreign Intelligence Surveillance Act (FISA) of 1978 provides 
for up to up to $10,000 fine and five years in jail under 50USC(36)I§1809.  The Supreme Court cannot now refuse the ACLU certiorari so 
long as they apply for Civil Liability under 50USC(36)I§1810.  
 
60. The freedom of the medical establishment from unwarranted search and seizure cannot be cheaper than FISA.  Fraud and related activity 
in connection with computers under 18USC(47)§1030 provides that any person who suffers damage or loss by reason of someone who 
knowingly and with intent to defraud, accesses a protected computer, by virtue of containing records or research for a financial institution 
or government agency, without authorization, or exceeds authorized access, and by means of such conduct furthers the intended fraud and 
obtains anything of value, may maintain a civil action against the violator to obtain compensatory damages and injunctive relief of a fine or 
imprisonment for not more than ten years.  Hamilton County cannot justify the immunity of their computerized CMS infringement until 
they have changed the name of the agency to a less invasive and more self-disciplined - Court Computers (CC).  The privacy policy for 
this case is to censure all personally identifying information. 

 

VIII Optional Protocol to the Convention against Torture

 

61. The core medical value of health is life.  The core religious value of health is heaven.  The core legal value of health is torture.  Health corporations in the United States must learn to value the toxic tort.  Illness arises from the inadequate detection and elimination of unwanted biological invasions.  Health corporations must be socially responsible for paying patients who complain of involuntary hospitalization, toxic bills or conflicts of interest with medical staff members to prevent corruption.  Health corporations must fire convicted torturers and see that they are counseled by bar certified lawyers, to careers they are more suited for.  Health corporations must discipline their own staff.  If health corporations do not discipline their staff, that corporation can be held liable for the mutinous actions of their employees and contractors.  A new, more disciplined, CEO can be elected.  Physicians and lawyers pay enormous contributions to malpractice insurance but it is so complex and retaliation so severe by third party creditors, that plaintiffs rarely prevail without the assistance of a hospital ethics committee.  State licensing bureaus tend to be non-responsive to individuals without the advocacy of numerous highly paid legal and medical professionals.  Civil cases for which the Court is paid a bribe to convict a torturer, even at the Supreme Court, are rarely successful in dismissing torturers and victims are left in fear of fraud, stigma, identity theft and recrimination.  Criminal courts are even more unpredictable on the issue of torture.  Courts and hospital ethics committees must be more true to ethical principles of the tort found in the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 4 February 2003 whereby we would be obligated to tolerate the individual right to petition the Human Rights Committee against Torture and perhaps find it in our own hearts to comfort, compensate and maybe heal someone who is ill. 

 

62. For everyone from Wall St. to Main St. to fully enjoy the equal protection of the law under the VIII and XIV Amendments to the US Constitution we must return to the core social value of tort compensation for cruel and unusual punishment or treatment, in both the legal and medical practices.  Under article 14 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 26 June 1987 the State shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependants shall be entitled to compensation.  Article 14(6) of the International Covenant on Civil and Political Rights of 23 March 1976, when a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law.  Victims of miscarriages of justice have the right to compensation from the state. Mandatory restitution is administrated at trial with a probation officer under 18USC(77)§1593.  

 

63. In regards to Health Care Fraud and Abuse AMA Code of Medical Ethics is consulted under E-9.132 a physician shall deal honestly with patients and colleagues, and strive to expose those physicians deficient in character, competence, or who engage in fraud or deception. Physicians should make no intentional misrepresentations to increase the level of payment they receive or to secure non-covered health benefits for their patients.  Under E-2.067 Physicians must oppose and must not participate in torture for any reason.  Under E-2.065 physicians can ethically participate in court-initiated medical treatments only if the procedure being mandated is therapeutically efficacious and is therefore undoubtedly not a form of punishment or mechanism of social control. Under E-2.078 Guidelines to Prevent Malevolent Use of Biomedical Research, Biomedical research may generate knowledge with potential for both beneficial and harmful application, when the goals of research are antithetical to the foundations of the medical profession, as with the development of biological or chemical weapons the physician is precluded from participating in the research.

 

64. Hospitals and health care professionals must take upon themselves the Ethical Responsibility to Study and Prevent Error and Harm E.8.121.  In the context of health care, an error is an unintended act or omission, or a flawed system or plan, which harms or has the potential to harm a patient.  To conduct these studies the Code of Ethics is somewhere between highly recommending and requiring institutions for form Ethics Committees to give due process to ethical issues without burdening the legal system.  Ethics committees in health care institutions should be educational and advisory in purpose. Generally, the function of the ethics committee should be to consider and assist in resolving unusual, complicated ethical problems involving issues that affect the care and treatment of patients within the health care institution. Recommendations of the ethics committee should impose no obligation for acceptance on the part of the institution, its governing board, medical staff, attending physician, or other persons. However, it should be expected that the recommendations of a dedicated ethics committee will receive serious consideration by decision makers E-9.11.  All hospitals and other health care institutions should provide access to ethics consultation services.  A wide variety of background training is preferable, including such fields as philosophy, religion, medicine, and law.  Ethics consultation services, like social services, should be financed by the institution under E-9.115. 

 

65. To state a claim for relief under 42USC§1983, a plaintiff must allege facts showing 1) the deprivation of a right or privilege secured by the Constitution or laws of the United States, and 2) the deprivation was caused by a person acting under color of state law.  Punishments of torture and all other treatment in the same line of unnecessary cruelty are forbidden by the Eighth Amendment.  In Hudson v. McMillan 503 US 1 (1992) the Supreme Court held the use of excessive physical force against a prisoner may constitute cruel and unusual punishment even though the inmate does not suffer serious injury. Whenever prison officials stand accused of using excessive physical force constituting "the unnecessary and wanton infliction of pain" violative of the Cruel and Unusual Punishments Clause, the core judicial inquiry is whether force was applied in a good faith effort to maintain or restore discipline, or maliciously and sadistically to cause harm whereby the "unnecessary and wanton infliction of pain" standard is applied to all allegations of force.

 

66. The Eighth Amendment's ban on inflicting cruel and unusual punishments, made applicable to the States by the Fourteenth Amendment, procribes more than physically barbarous punishments. It prohibits penalties that are grossly disproportionate to the offense, as well as those that transgress today's "broad and idealistic concepts of dignity, civilized standards, humanity, and decency.'"  Jackson v. Bishop, 404 F.2d 571, 579 (CA8 1968) held confinement in a prison or in an isolation cell is a form of punishment subject to scrutiny under Eighth Amendment standards.  In Hutto v. Finney, 437 U.S. 678 (1978) after finding that conditions constituted cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments, the District Court entered a series of detailed remedial orders, the Court of Appeals added attorney’s fees that the Supreme Court upheld because the Eleventh Amendment substantive protections do not prevent the award.

 

67. The US District Court is has tried many torturers and needs to get into the practice of paying tort claims.  The Collaborative Agreement Global Damage Claims Settlement, made 21 May 2003, calls for a $4.5 million settlement to pay damages for police brutality and wrongful death and unlawful search and seizure.  In the Decision and Recommendation Case No. 1:99-cv-3170 Judge Susan J. Dlott and Magistrate Merz  upheld the Motion for an Order Directing City and FOP  to Comply with Collaborative Agreement No. C-1-99-317 whose purpose is to resolve social conflict, improve community-police relationships, reduce crime and disorder, fully resolve pending claims of all individuals and organizations named in the underlying litigation, implement consensus goals, and foster an atmosphere throughout the  community of mutual respect and trust among community members including the police. 

 

68. Unfortunately the US Attorney, engaged in a false arrest on April Fool’s day 2004, malicious prosecution, interstate trafficking of prisoners and failed to register the prisoners in the Bureau of Prison offender locator in the Erpenbeck Co. v. Federal Bureau of Investigation et al Application for Certiorari from the US 6th Cir. App. No. 04-3456&7 June 29, 2004.  The District Court really needs to free Erpenbeck Co. to regain the respect of the community and be reinstated to their role as the local federal regulator of the militia.  The judge presiding this case, Judge Spiegel is one of the two involved in the Erpenbeck scandal, Judge Dlotte is the other.  The Chief Judge Beckwith reduced the Erpenbeck sentence in 2006 but needs to finish apologizing for the tortuous conduct of her deputies and free the family of former homebuilders and bank owners, to the mandatory restitution of Social Security retirement and probation officer under 18USC(77)§1593.  We want Erpenback!!!

 

69. Judges Dlotte and Spiegel and US Attorney Lockhart seem to intercept all mob violence cases but having committed their token offense may be the only ones who enjoy medical immunity when dealing with Hamilton County.  To be effective the United States really needs to expeditiously settle reasonable tort claims by individuals and groups of individuals against tortious misconduct by government officials and professionals. The Canadian Supreme Court held the police and professionals are not immune from tort claims including tort of negligence, that are important to uphold the duty of care in Hill v. Hamilton‑Wentworth Regional Police Services 2007 SCC 41 October 4. 

 

70. A tort is defined as, a wrongful act for which the injured party can recover damages in a civil action. Since its enactment in 1946, the Federal Torts Claims Act (FTCA) has been the legal mechanism for compensating people who have suffered personal injury by the negligent or wrongful action of employees of the US government. Under Section 224 of the Public Health Service Act, as amended by the Federally Supported Health Centers Assistance Act of 1992 and 1995, employees of eligible health centers may be deemed to be federal employees qualified for protection under the FTCA.  The United States shall be liable for tort claims, in the same manner and to the same extent as a private individual under like circumstances under 28USC(171)§2674.  Under 28USC§2680(h) any claim regarding the acts or omissions of law enforcement officers arising out of assault, battery, torture, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights shall not be exempt from the law of torts. 

 

71. To alleviate the torture of heart disease city and state legislatures have banned trans-fats from restaurants.  Social security needs to add cardiac disability to the quick list, it is far too painful to require the victims work, more and better social work is certainly needed, so are secure homes.  Health cases should provide for the Disclaimer: Biological Weapons are Prohibited.  CMS contractors should display in the letterhead Poison Control 1-800-222-1222.

 

72. In the Book of Esther: The Megillah with the Complete Purim Evening Service states, “the drinking was according to the law, there was no coercion…there are certain people who do not obey the king’s law…it is not befitting for the king to tolerate them”.  Queen Esther states, my people have been sold to be destroyed, to be slain and to be exterminated.  Had we been sold as slaves and maidservants, I would have kept quiet, for the adversary is not worthy of the king’s damage.  Blessed are you, our God, King of the Universe, Who takes up our grievances, judges our claim, rights our wrong.

 

Glenn V. Whitaker, Attorney for Harry Fry MD, gvwhitaker@vssp.com    

 

Krista Kent, Victim Witness Specialist Krista.Kent@usdoj.gov

 

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