Monday, February 8, 2010

ROBERT SIMPSON GONE FROM MEDICAL BOARD!!

Sorry, folks, I got the order wrong. I've been saying Mari Robinson is "NEXT-TO-GO", but I missed it.

I have said Robert Simpson was second next-to-go.

No fanfare, nothing on the web about it yet (at least nothing I could find)...he just announces he's starting his law practice in the latest issue of Texas Medicine, the publishing arm of the Texas Medical Association, the largest state medical (doctors) organization in the country.

Don't let the TMA take credit for any of the rumblings behind the scenes at the Texas Medical Board - as of a few months ago (no more recent update), the TMA and the Texas Academy of Family Physicians were sleeping together with the TMB nightly.

Friday, February 5, 2010

Applications of the US Code to the multiple state of Texas charges against Texas whistleblower Shirley Pigott MD

Friends,

As you know, I have made allegations and provided overwhelming evidence that Blue Cross Blue Shield of Texas is guilty of racketeering with various Texas government agencies and officials and private individuals for the purpose of retaliating against me for exposing their criminal behavior.

GOVERNOR PERRY IS COMPLICIT.

When Texas Medical Board Watch suspected (and published) our belief that TMB President Roberta Kalafut DO fraudulently claimed to have graduated from a Johns Hopkins residency program in Physical Medicine and Rehabilitation, the Governor's personal aide, Tony Gilman, contacted me by email to challenge me. I referred him to doctors I knew had graduated from there and they informed me that Johns Hopkins had no Physical Medicine and Rehabilitation residency at the time Kalafut claimed to have attended it.

Those following my whistleblower saga are requested to help me take my information to the feds. My investigation has implicated Governor Perry, Attorney General Greg Abbott, Assistant Attorney General Karen Matlock, former TMB member Keith E Miller, former TMB Executive Director Donald Patrick MD JD, current TMB Exec Dir Mari Next-To-Go Robinson, most of the current(if not all) TMB members, Texas Board of Nursing Kathryn Thomas, Wharton Couty DA Josh McCown, WC Assistant DA Gordon Dudley, former DPS Exec Dir Colonel Thomas Davis and Colonel Stanley Clark, current DPS Exec Dir Steven McCraw.

The most obvious federal authority is the FBI. It investigates public corruption. ...or the US Department of Justice. It prosecutes public corruption.

A public official may be guilty of the crime of misprision of a felony if (s)he fails to take criminal evidence, fails to investigate or fails to prosecute a crime.

Please help me clarify who is guilty of misprision of felonies and who is guilty of the felonies. For example, Mari Robinson, Keith Miller, and Josh McCown, IMO, are not guilty of misprision, they are guilty of the felonies. 'Misprision' of a felony isn't quite as bad, I suppose, as the actual felony it is linked to.

We can't get the Texas Medical Board to discipline a single "bad" doctor. The TMB, an agency of the Executive Branch empowered with the authority to enforce the Medical Practice Act, has not kept any of the dirty doctors we've reported from retaliating against common Texans or has it even investigated them.

Mari Robinson, Executive Director of the TMB, says the board already has the information I've reported on Michael Jackson's alleged killer, Conrad Murray MD, who is licensed by the TMB and practices unchallenged in Houston. The media reports that Dr. Murray administered IV propofol to Jackson; Jackson subsequently experienced a cardiorespiratory arrest from which he was not resuscitated. Respiratory arrest is a known and expected side effect of general anesthetics. That is the reason they should only be administered in the operating room where equipment and personnel are always available for complete cardiopulmonary resuscitation.

But Murray's investigation is a big secret, Robinson says, and she can't tell me what else she knows or what efforts she is making to insure the safety of the public.

My God, if a doctor can kill Michael Jackson and get away with it, does that add credibility to my charges that Mari Next-To-Go Robinson has committed heinous crimes?

Please call the TMB Department of Investigations to see which investigator is assigned to the investigation. BJ West is/was supervisor of investigations: bj.west@tmb.state.tx.us 903-786-8194


Please post this information on Facebook, OpEdNews, World News Net, and ProPublica; send a press release to the Associated Press, CNN, LA Times, and the London Times: Texas Medical Board Executive Director Mari Next-To-Go Robinson keeps investigation of Michael Jackson's death a secret!

Texas Medical Board members, Michael Arambula, Tim Turner, and Tim Webb, all know me personally, and have all had lengthy conversations with me. I have had tedious private conversations with both Dr. Arambula and Mr. Turner about the crimes of Mari Robinson. The whole TMB heard me present over a half dozen specific Mari Robinson crimes to them for which I have personal knowledge on Feb 6, 2009. Two weeks later, with no new evidence, and no evidence against me ever questioning the quality of my patient care, I received a notice from TMB attorney Scott Freshour that the board was going to suspend my medical license.

On March 24, 2009, a board panel - Amanullah Khan, Patricia Blackwell, and Annette Raggette - all biased due to hearing my Feb 6th testimony, suspended my medical license on an "emergency" basis, based on the events of September 29, 2007.

Neither of the board's two experts in their suspension of my license would pass a Daubert challenging the credibility of a medical expert:

1. TMB attorney Scott Freshour has thus far refused to allow Randall Moore MD JD, a board appointed psychiatrist, to reevaluate me. Dr. Moore told me he thought it was unlikely I really was seeing up to 14 law enforcement vehicles a day stalking me over a period of time from September 29, 2007, to March 20, 2009, the day of my last appointment with him.

Every junior medical student knows that a 'test' with an unexpected result must be repeated if it is to be valid, but TMB attorney Scott Freshour has deliberately defrauded and deceived the public and violated the Texas Disciplinary Rules of Professional Conduct by refusing to allow me to be re-evaluated by Dr. Moore. When Jeff Grass requested a re-evaluation, Freshour said, "No; Dr. Moore is our witness."

We will appeal directly to Dr. Moore himself, who in the five and one half years I have known him, has always reported honestly.

The TMB claims Dr. Moore's testimony is "sealed and confidential" from the public and from me, but Keith E. Miller MD, court whore, had access to it before we took his deposition on April 23, 2009. Read it; he very specifically refers to the testimony of both board experts. Google [shirley pigott scribd].

I believe Dr. Moore reported in his final evaluation of me to the medical board, "Dr. Pigott may be paranoid" or "Dr. Pigott may be delusional" because that is what he told me he would have to report. That is exactly what I would have reported had I been in his situation having access to the same information he had.

For five years Dr. Moore followed me and verified my sanity periodically, something I found quite useful in my role as a physician whisleblower. After 5 years of confirming the same diagnosis repeatedly, at the end of the 5th year, he reported, "she may be delusional". According to my attorney, Dr. Moore disagrees with the board's decision to suspend my license.

I suspect that Dr. Moore is horrified that his testimony was fraudulently used to suspend my license. A public appeal to Dr. Moore will encourage him to say publicly that he must re-examine me. His Fax number at Scott & White is 254-724-1747.

Dr. Moore will, I believe, because I have never found him to be dishonest, help me identify the malicious malfeasance of Mari Robinson and Scott Freshour. These two lawyers are a disgrace to the state of Texas and deserve to be disbarred and go to prison.

2. William H Reid MD, the second "expert" never personally evaluated me. I believe an upcoming subpoena will confirm that Dr. Reid is a court whore for the Texas Medical Board. His testimony was based almost entirely on Dr. Moore's inconclusive report and a doubly altered DPS video of the events of Sept 29, 2007. More about him another time.

Robinson, Freshour, and Dr. Keith E Miller participated in driving my husband to suicide. Neither Mari Robinson, Scott Freshour, nor Keith Miller have shown any remorse. I believe upcoming depositions will provide the mens rea and the actus reus for murder.

These medical board employees, perhaps others, I believe, are engaged in racketeering with Wharton County officials Josh McCown and Gordon Dudley, former Texas Academy of Family Physicians president Doug Curran, and DPS Troopers Daniel Terronez and Alfred Ochoa. They are doing to me far beyond what drove my husband to suicide while knowing I have a diagnosis that puts me statistically at a significant risk of suicide. My husband had no such diagnosis.

On September 29, 2007, Trooper Daniel Terronez, who has killed violently before when he shot a 22 year old unarmed man in the back who was "fleeing arrest", who has been the sole witness to several high-speed, single vehicle fatalities, after telling me he was going to break into my car and remove me by force, after hearing me respond, "you do that and I'm outta' here", while facing oncoming traffic and hiding from Ochoa's camera, while Ochoa was shouting, "there's traffic coming; there's traffic coming!" while observing an oncoming speeding 18-wheeler in my lane, did knowingly and intentionally cause me to flee directly into its path by violently striking my right rear window repeatedly and shattering it in his attempt to cause me a fatal injury.

I believe upcoming depositions will demonstrate conclusively that Terronez possessed the mens rea and committed the actus reus for my attempted murder.

Certain people from time to time criticize my publicity of these alleged state crimes. In my experience investigating bad faith peer review over the last six years, I have met more than a half dozen (less than a dozen) persons who have had attempts made on their lives or who have had friends and loved ones brutally murdered by those whose criminal acts and conflicts of interest they have exposed. In several cases investigations were kept confidential in the early stages. I've not made that mistake. That's why I'm still alive, I fully believe.

Periodically, I remind my readers: If anything happens to me, it wasn't suicide and it wasn't an accident. Right now, the three people who have the most motive to see me dead are Mari Robinson, Keith Miller, and Josh McCown.

Carol Ann Davis, who rescued me from the clutches of Wharton County District Attorney Josh McCown, has alleged Assistant Attorney General Karen Matlock murdered her friend Melinda Honerkamp. Carol made four phone calls to Matlock in August and has made none since.



On Fri, Feb 5, 2010 at 11:41 AM, wrote:

Shirley,

This is another section of the federal code that I think you should keep in mind.

Sincerely,

Bill Duff


http://www.justice.gov/crt/crim/242fin.php


DEPRIVATION OF RIGHTS UNDER COLOR OF LAW

Summary:

Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.

For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.

The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.

TITLE 18, U.S.C., SECTION 242

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnaping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

Thursday, January 28, 2010

Shirley Pigott v State of Texas

Here's what happened Monday, January 25, 2010, in State of Texas v Shirley Pigott:

I was sentenced to two years without parole for my conviction of two counts of evading arrest with a deadly weapon on September 29, 2007.

Background

I was stopped, ostensibly, for speeding 9 mph over the posted speed limit, by Texas DPS Trooper Alfred Ochoa.

1) Trooper Ochoa acted like he was walking in a mine field and was scared out of his wits when he walked up to my window that September evening at 8:15 pm and commanded that I show him my Texas Drivers License. I showed it to him through the rolled up, locked window and told him I wanted to go to the next lighted, populated area before I would unlock my door or roll down my window. He refused, so I instructed him to follow behind me as I slowly and carefully drove away. The DPS video is confirmatory. I was pulled over by DPS Trooper Daniel Terronez while being followed by Ochoa whose lights were flashing and siren wailing.

2) I held up my Drivers License again for Officer Terror. Being a total brute who has killed before, Terror threatened to break into my car and remove me by force. I promised him I wouldn't give him the chance, but that if he tried, "I'm outta' here!"

Therefore, when Terror began to smash in my window with his heavy flashlight, I drove off. I hadn't noticed that a speeding 18-wheeler was due to be in my lane at exactly the same moment, but I'm pretty sure this was Terror's calculated attempt to kill me. After the 18-wheeler and I narrowly missed each other, I floored my Toyota Prius, until I smelled burning rubber and a burning engine. After slowing a bit, I glanced at the speedometer and saw that it read 107 mph. At that speed nothing was burning, so I held the speed there for 93 seconds (according to the DPS video).

Then I slowed to under the speed limit until I reached the city of Wharton, where local law enforcement were waiting for me. I stopped, and got out only to face being arrested.

For barely escaping with my life, I'm sentenced to two years in prison without the possibility, according to Texas law, of parole. When a felony is committed "with a deadly weapon", in enlightened Texas, the minimum sentence is two years without possibility of parole.

However, at the time of sentencing, one may appeal for a mistrial. My appeal is based on prosecutorial abuse...and perjury of the DPS officers...and tampering with the jury.

I was handcuffed and taken straight to jail. Do not pass 'Go'; do not collect $200.

I posted bond and was all set to get out and wait for my attorney Jerry S Payne to take me through the mistrial motion and hopefully, a new trial.

"Hmm," the jailers mused, "Do you know anything about a warrant out for your arrest from the Center, Police Department (Shelby County)?"

"Hmm," I thought, "That's where Keith E Miller MD lives." He's the crooked (IMO) doc whom I forced to resign from the Texas Medical Board, the same TMB member Doug Curran MD (President of the Texas Academy of Family Physicians) bribed to have my Texas Medical license suspended back in early 2006 because I exposed the duo's conflict of interest with Blue Cross Blue Shield.

Miller is saying I slandered him.

I didn't. What I've said is 100% factual...and the truth is an affirmative defense to allegations of slander.

Miller is getting really desperate in his retaliation campaign against me. He has repeatedly violated the Medical Practice Act as well as Texas and federal law. He bribed crooked Shelby County District Attorney (google [tenaha police]) Lynda Russell to have me indicted for "criminal conspiracy" on January 8, 2010.

(I've noticed that a peculiar pattern of Texas interagency corruption is that the conspirators make sport of getting their victims indicted for exactly the crimes they themselves have committed. If you are a victim and wonder what the perpetrators are up to, just look at what they have most recently had you fraudulently indicted for, and you'll have it.)

So, when the Wharton folks entered me into the system, up popped the outstanding Shelby County warrant. Release canceled.

Phone calls were exchanged between Shelby and Wharton Counties and my extradition to Shelby County Tuesday at sunrise was arranged. I confirmed that one of the jailers planned to take me to Center privately and hand me over to Miller's henchmen. Plans changed several times while I slept peacefully.

My lawyer, Jerry Payne, brain-surgeon of a lawyer that he is, pounced on the Court of Appeals and vacated the Center warrant! Hu-RAH!

So here I am, rested, and re-loaded. I'm a little handicapped, however, because I don't have wireless internet and my only wired home computer won't let me access my gmail.

****
Attorney Next-To-Go Mari Robinson of the TMB and Asst AG Karen Matlock, with all the resources of the state of Texas in their pockets, are about to be taken down by yours truly, Carol Ann Davis, and a handful of their victims who are dedicated to re-introduce the word "justice" into the Texas legal vocabulary.

Robinson and Matlock became good 'buds' and fellow co-conspirators when they worked together in the Texas AG's Department before Robinson blessed the TMB with her tenure.


Since my independent investigations of Miller, Curran, DPS, Bridget Hughes, the Texas Board of nursing, former Texas Medical Board Executive Director Donald Patrick MD JD, former TMB President Roberta Kalafut DO, and current "next to go" TMB Exec Dir Mari Robinson, I have joined forces with other women victims of racketeering by various Texas agencies: We are

1. Carol Ann Davis, who has publicly accused Assistant Attorney General Karen Matlock of murdering federal witness Melinda (Lindy) Honerkamp. Honerkamp met an untimely death in a Texas hospital in less than 24 hours after she was heard loudly proclaiming that she was going to report Matlock's racketeering crimes to Federal Judge Ewing Werlein in the South Texas District. Honerkamp's death was a surprise to everyone but her murderer.

Davis found me about a year ago by googling [DPS corruption]

2. Carolyn Logan, whose $1 million Hays County acreage is being threatened by O'Quinn Law Firm partner Charles Soechting. Reportedly, Soechting wants Logan's land. The O'Quinn Law Firm has things fixed so that "what Soechting wants, Soechting gets".

3. Carolyn Barnes, a Travis County attorney in solo private practice who has fought Texas government corruption for over 15 years.

4. Keith Schmidt, who has Texas Department of Public Safety on the chopping block in federal court.

5. Beverly Thompson, formerly married to a Houston attorney for 27 years, she understands the meaning of the saying: "All lawyers are lazy and all lawyers lie."

Texas Phoenix has s-o-o-o much more to tell...

Sunday, January 24, 2010

Insurance and Healthcare: An Irresolvable Conflict of Interest

I have republished this from Dr. Joel Hochman's blog. Dr. Hochman has successfully defended himself, at last count, from 18 frivolous complaints (probably by the Texas Medical Board) at the TMB. This is how the TMB "protects the health" of Texans.



Insurance and Healthcare: An Irresolvable Conflict of Interest

J.S.Hochman MD, Executive Director, The National Foundation for the Treatment of Pain


Healthcare is about taking care of people. Insurance is about making money. The primary source of making money for “Healthcare” insurance companies is by denying, deferring, reducing or thwarting paying for the care that people need. There is no apparent resolution of this conflict of interest. It is inherent and fundamental. The only solution is to remove insurance companies from the business of providing healthcare. When insurance companies routinely make billions of dollars in profit, and pay their executives hundreds of millions of dollars in compensation, it is undeniable that those billions, and hundreds of millions, came from the denial of healthcare to people who need it.

The primary mechanism by which insurance companies achieve these profits is by the institution of the fiction of the “review” of claims and benefits. “Prior authorization” for services, treatments, procedures, medications and devices, is the modus operandi by which insurers generate profits. Insurers expend hundreds of millions of dollars every year to accomplish this.

In the process, they institute the moral corruption of medical professionals and insurance employees. As has now been publicized on numerous occasions and in numerous media venues, physicians are employed as “Medical Directors” for insurance companies, to oversee the process of “review”. Typically the financial compensation to these “Medical Directors” is directly tied to the number of denials they generate. As many of these “Medical Directors” have revealed, after leaving employment with insurers, the job is morally corrupt, professionally unacceptable as physicians, personally demoralizing, and in irresolvable conflict with their most profound duties as doctors. The management of insurance companies, almost universally non-physicians, has no such perceptible conflicts. This fiction of “medical” review, removes the management of insurance companies from much of the direct responsibility for the denial of care. Their captive physicians, nurses and pharmacists do it.

For the non-physician, non-medical employees of insurance companies involved in the denial of care, the corruption is more insidious. They are directly constrained by the procedures, policies, quotas, budgets and directives of their employers. They do not have the medical profession upon which to fall back for an alternative source of livelihood. Typically marginally paid, they have only two choices – they can abandon their secure income and seek alternative employment, or they can persist.

In the first case they must sacrifice financial security. This is not a step taken lightly for people whose financial condition is almost always precarious. Few ordinary workers have the financial reserves necessary to sustain their lifestyle for the months it may take them to find another job. Some manage their crisis of conscience by attending school in the evenings or on-line, retraining themselves for another career. Some manage by surreptitiously seeking another job outside the insurance industry. In any case, the tasks are daunting.

In the second case, the consequences are far more profound. Like all bureaucrats who are compelled by their employment to do things which are morally corrupt, the results are inescapable. They can suffer moral conflict – knowing that they are compromising themselves and their beliefs for money (and not that much money for most). Or, more dangerously, they can lapse into denial - inuring themselves, deadening their sensitivities, functioning without thought or awareness, as they proceed in the daily activities that they know, at some level, are reprehensible. (Lewis Yablonski analyzed this consequence decades ago in a book called “Robopaths”.)



· Returning to the process by which insurers accomplish their profits, the essence of the “review of care” is the “denial”. Denials are accomplished by a masquerade. Insurers pretend that they are simply responding to “guidelines” that have been constructed by captive medical professionals or which have been suborned from professional organizations. Using these sources, the process is then justified by the claim that the healthcare being sought is:



1. Medically unnecessary

2. Experimental

3. Dangerous to the patient’s well-being

4. An “off-label” indication for a medicine or device

5. Outside the standards of care provided by a professional association or governmental agency.



Never do the insurers honestly state that they are denying the request because it is an expense that will reduce their profit.



For physicians outside the insurance companies there are equally corrupting consequences to the involvement of insurance companies in healthcare. It is the sworn responsibility of doctors to provide their patients appropriate healthcare. Caught between their patients and their health insurance, the doctors find that:



1. They must expend a great deal of time dealing with the insurers to obtain “prior authorization”

2. The insurer refuses to compensate the doctor for this time so they are inclined to avoid doing prior authorizations

3. They may be pushed to avoid using the best treatment or best medication, device or procedure, to avoid the process altogether

4. Passing this cost on to the patient adds to an already precarious financial burden for them (almost half the bankruptcies currently filed in the United States are because of medical bills)

5. They are pressured by insurers to utilize less expensive medications and treatments, deteriorating the quality of their care

6. They may have to create fictions or tell “white lies” to secure approvals



· Beyond the matter of “prior approvals”, another corrupting influence in insurance driven healthcare is the refusal of insurers to pay “ordinary and customary fees” for health services. Utilizing the coercion of physician “panels” and “preferred providers”, insurers have created threats to the physicians of denying insurance coverage, altogether, to patients who see any physician other than those who have thus been coerced into joining the insurance company’s “Plan”.



The insurance companies have secured federal legislation (see below for the corruption of government) that forbids physicians from joining together to negotiate their fees from insurers. Therefore doctors find themselves playing against insurance companies on a field deeply inclined in favor of the insurers. The physician can either accept the fees offered, or opt out of the system. Their only other choice, in their need to maintain the financial viability of their medical practices, is to cut their services to patients, and increase the number of patients seen, to make up for their lost fees.



As a consequence, general practitioners are thus now compelled to see as many as 60 patients a day to maintain a financially viable practice. This has profoundly deteriorated the practice of medicine. 60 patients per day results in average patient contact times of 5 to 10 minutes. No physician can practice his ethical responsibilities to a patient in that amount of time. No doctor can establish and maintain the essential therapeutic alliance in that amount of time. For that matter, in initiating a new patient’s care, few physicians can accomplish the necessary extensive history, physical examination and formulation of a treatment plan, within the severe time restraints imposed on them by economic pressures and insurance company fee schedules.



The result has been a serious deterioration in the quality of medical care; an increase in the incidence of malpractice and malpractice litigation; a loss of patient confidence in the medical profession; a loss of physician self-esteem; and an increase in the incidence of complaints against physicians to State Medical Boards. It has also caused a very disturbing deterioration in the quality of hospital care - and the creation of a new category of physician providers called “hospitalists” – generally doctors who are willing to tolerate the low fees paid by insurers for hospital care in exchange for patient volume. The latter has subverted a decades-long initiative by the medical profession to provide “continuity of care”, to optimize the quality of medical treatment by insuring that physicians have a long-term knowledge of, and relationship with, their patients.



· Next, the intrusion of profit-driven insurance companies into health care has created corruption in government. Utilizing exorbitant profits to purchase the fealty of the United States Congress, insurance companies have co-opted healthcare.



1. The most recent healthcare legislation purchased by the insurance companies from the United States Congress is the Part D medication benefit under Medicare. Part D created the opportunity for hundreds of insurance companies to impose themselves between senior citizens, dependent children, and the disabled, and their need for medications. The legislation provides that Medicare is NOT allowed to negotiate the prices of medications with the Pharmaceutical Manufacturers. It also provides that Part D. Medicare insurers are to only pay for medication prescribed for FDA approved indications. This legislation also created a “doughnut hole” for the insured. That is, the insurance pays for medications initially only up to a maximum allowed amount of $2400. After that those insured by Medicare must pay the next $3600 (the doughnut hole”). Only after that is the Part D Medicare insurer again responsible for payment for medications.



This unusual arrangement therefore allows insurers to:

a. take a profit from the annual expenditure budgeted by the federal government for every Medicare recipient.;

b. directly collect an additional monthly premium from every Medicare recipient;

c. via the “doughnut hole”, essentially tax every recipient an additional $2600 each year;

d. protect the profits of the pharmaceutical manufacturers by guaranteeing that they will be paid full retail price for their drugs prescribed under Medicare;

e. Tax U.S. taxpayers for the additional costs that this protection causes.



2. The involvement of insurance companies in healthcare also engenders circumstances in which these companies make massive “Political contributions” to the members of the U.S. Congress. Although these contributions are “legal”, in that they are permitted by law, at best they cause the appearance of wrong-doing – and at worst they allow the purchase of undue influence upon legislation. “Lobbying” by professional lobbyists (often previously members of the Congress themselves) is the process by which “Political Contributions” are directed to members of Congress by these middlemen. Special influence is therewith expected, as part of the quid pro quo of lobbying. In many instances lobbyists, working on behalf of their clients, actually compose the proposed legislation, or convey it from their clients to the staffs of the members of Congress.



Of course the insurance companies are not the only special interest groups involved in the lobbying-political-contributions activities in the Congress. Virtually every special interest in the United Sates participates in this dubious but institutionalized process. But, the insurance companies are among the largest contributors [1]



3. The scheme of lobbying-political-contributions also creates a situation in which members of Congress are protected and insulated from the electorate. Confounding the objectives of the U.S. Constitution, members of Congress do not have to rely solely upon their annual salaries, personal assets, or the contributions of the voting public, to sustain their political activities. Political “contributions” permit the members of Congress to involve themselves in activities which would otherwise have never been tolerated or possible. For example, unlike the rest of the U.S. public, members of Congress have provided themselves a retirement scheme which pays them, after a single term in office, a lifetime pension of full pay, with cost of living increases, and 100% healthcare insurance - with no deductibles, no limitations, no provider panels, no prior approvals, and which pays their treating physicians their “usual and customary” fees, therefore guaranteeing the highest paid health care available.



· Further, insurance companies are specifically responsible for limitations in the types and amounts of specific types of medical care. The clearest example is in the area of medical care for intractable pain patients. Intractable pain patients constitute what is known in the insurance industry as an “uncontained loss”. That is, the patient is unlikely to get well, or to die in a foreseeable length of time. Therefore insurers cannot easily predict the length and cost of their medical treatment.



Further, the cost of medication for intractable pain patients is unusually expensive. Recently developed, sustained release opioid medications have quickly become the standard of care. It is not unusual, given the very high retail cost of these medications (not infrequently $10 or more per pill – with sometimes 2 to 5 pills required for each dose ) for the monthly cost of medication to exceed $10,000. Given that there is no desire or incentive for insurers to negotiate with drug manufacturers (high medical costs justify high insurance premiums) the insurers have approached cost containment in other ways:



1. They have attempted to institutionalize opiophobia, promoting scientifically indefensible claims that opioids inevitably lead to addiction, tolerance, organ toxicity, diversion and illicit availability and abuse by the public. Concerning intractable pain patients, scientifically sustainable data disproves all of these allegations.



2. They have institutionalized opiophobia in the procedures of their prior and utilization reviews. Reviewers in the employ of insurers commonly attempt to impose artificial limits on doses, schedules, drug regimens, and the types of drugs utilized. For example, most recently, Part D Medicare insurers have refused to approve the use of immediate absorption fentanyl products, uniquely able to stop breakthough pain instantly, because the FDA indications limit them to use in breakthrough cancer pain. These drugs were clinically tested originally only in cancer patients. Until the FDA grants them the indication of treating breakthrough pain in non-cancer pain, the insurers can refuse to approve them.



3. They have participated in, and sometimes funded, opiophobic, media disseminated, public hysteria over the abuse of drugs, and permitted, if not encouraged, scientifically indefensible hysteria about drugs. They have also used their lobbying influence to encourage draconian anti-drug laws and to block harm-reduction and drug law reform which would instead utilize a treatment approach to the abuse and misuse of drugs.



4. They have utilized their influence to incite government agencies and State Medical Boards to engage in campaigns directed at the punishment and prosecution of physicians who attempt to treat intractable pain. Protected by state laws which guarantee anonymity to initiators of complaints about physicians to state Medical Boards, they have often simply eliminated doctors who would prescribe to intractable pain patients. In the process they have helped achieve a catastrophic chilling effect on the medical profession, resulting in the denial of pain care to millions of patients.

Tuesday, January 19, 2010

NEXT TO GO, Mrs. ROBINSON!

Background on the correspondence which follows:

I have been fighting the Texas Medical Board for four years. I exposed the crimes of Keith E Miller MD which resulted in his resignation from the board as Chairman of the Disciplinary Process Review Committee on August 31, 2007.

In response to my efforts and those of Steven Hotze MD, the House Committee on Appropriations, S/C Regulatory, held a marathon unprecedented eleven hours of public hearings on medical board abuses on October 23, 2007.

Executive Director Donald Patrick MD JD resigned in August, 2008.

TMB President Roberta Kalafut DO resigned in December, 2008.

Now, the correspondence:

Thanks, Pam. I really knew I could count on you not to turn me off. This is some serious stuff. This will be the last email I will send to the above address.

Dwight Harris has never turned me off, either. Several people from the church have asked to be taken off my mailing list. I am attending Faith Family and doing well in the Lord. Pastor Jim Graff, whom I have known for years, gave me a big hug Sunday night and told me he really admired what I was doing because I had written him a letter shortly before Christmas explaining why I was attending FF again after so long. I will be meeting with Pastor Larry Helms, whom I have also known well for years, later this week.

We need a congregational meeting at Fellowship Bible Church for me to present my evidence against Kevin Epley.

God will prevail. I do not regret the path I have taken, in spite of the tremendous losses. It has increased my faith mightily. God has revealed what we will be called to suffer in the last days in his word. If we can't be strong now, how can we hope to endure when things really get tough? We grow stronger by being tested and being found faithful. I pray for my brothers and sisters at FBC.


***
I posted the following comments on this blog shortly before Christmas:

http://calimjfan.blogspot.com/2009/11/news-tx-medical-board-president-makes.html?showComment=1261785973778_AIe9_BHOiXemjVYOdx59aXfDQYMaEliuOzJkLwq92QOTHZH9i_XTuZjPEpcaqBhZHH2STuxhbwIeQgjdtzWiLH0Ur2s_qZUaQk-fVXGx-H-AUE9TIPmFTNzZd75vFEKfFFqvREgCjsD1QDSC4yJGHGz5b44BlhNfdWUbp9F0UDQqGnvW3V-LbdSuBPxYW4JTkqfHucadp5CbBeAZNKtgbBKC0iHlBg4IyK0C5SdyNbQn9zgNatCp1fAJZ_tfxX6QQkluRWl0KN07#c8394581719528603117

As director of Texas Medical Board Watch, it has been my experience that what the Texas Medical Board tells the public about the law is not necessarily factual. Why not demand that the Texas Attorney General Greg Abbott rule as to whether or not the public is entitled to information about the doctor who attended Michael Jackson's death? As it is, the Texas Medical Board is accountable to no one, although several committees in the legislature have the dubious honor of "having oversight".

I suspect that the use of a powerful narcotic (like propofol), capable of causing a respiratory arrest, outside a hospital setting, is a felony. Presumably, giving a drug IV which caused a respiratory arrest resulting in someone's death, is a felony.

Texas and US authorities with jurisdiction include:

1. Texas Department of Public Safety narcotics division
2. United States Drug Enforcement Agency
3. Federal Bureau of Investigation
4. Texas Attorney General Greg Abbott
5. US Attorney General Eric Holder
6. The Harris County District Attorney
7. Travis County District Attorney Special Prosecutions Division
8. Every appointed Texas Medical Board member is guilty of "misprision of a felony" because he or she has not reported this crime to a proper authority who is taking appropriate action.
9. Every committee member of the Texas Senate Health and Human Services Committee and the Texas House Committee on Public Health is guilty of "misprision of a felony" because he or she has not reported this crime to a proper authority who is taking appropriate action.
10. Any Texas or federal court with higher jurisdiction than Harris County or Travis County can issue a Writ of Mandamus ordering an investigation consistent with the law and seriousness of the offense.
11. Texas Governor Rick Perry apparently really is immune to the consequences which should be due him as the chief executive over such a corrupt state as Texas. Where else could the doctor responsible for Michael Jackson's death live and practice medicine without so much as having a file opened on him?

***

Today I received a response from the Texas Medical Board regarding my Complaint against Texas Licensee Conrad Robert Murray MD, File # 10-2521, as follows:

Ms Pigott: [sic]

Your complaint has been reviewed to determine if a licensee of this agency is involved and whether or not a state law or board rule has been violated. As you know, the Texas Medical Board enforces those requirements governing the practice of medicine as set forth in the Texas Occupations Code and board rules.

Our review indicates the Board has already been notified of the allegations made in your complaint.

All complaints and complaint information are confidential and not subject to public disclosure. The information you provided will be retained for future reference. Thank you for contacting us about this matter. If you have questions, please contact the Investigations Department at (512) 305-7100.

Sincerely,

The Texas Medical Board

NJ06.doc

***

Friends,

Please go to this website http://www.tmb.state.tx.us/consumers/complain/placecomp.php
and place your own complaint against Houston physician Conrad Robert Murray MD, who is licensed in Texas and California.

Dr. Murray administered IV propofol to Michael Jackson and caused his death from respiratory arrest. Propofol is a general anesthetic agent whose use is properly restricted to the operating room where full monitoring and resuscitation by those with expertise are immediately available.

I know that I and one other person, Rohan Morris, (who lives in the UK) whom I met on Facebook on a Michael Jackson Fans website, have already submitted formal complaints about Dr. Murray.

Make a copy of your complaint and save it. You will be asked to submit it by affidavit to the Travis County Grand Jury, Special Prosecutions Division, where we plan to demand the indictment of Mari Robinson, Esq., Executive Director of the Texas Medical Board, for felonious crimes against the people of the State of Texas over several years duration.

This is a followup of my allegations made to the whole board in open session on February 6, 2009: I have personal evidence of a litany of state and federal crimes Robinson has committed against the people of Texas over the last several years.

The board made no immediate response.

Two weeks later, I received written notice that the TMB intended to suspend my medical license. With no new complaint and no complaint ever regarding quality of patient care, the board suspended my license on an emergency basis on March 24, 2009 after 5 PM. The Victoria Advocate printed the TMB's press release which stated that my ongoing practice of medicine was a threat to the public welfare. The board, the press release stated, had determined me to be "mentally impaired" and that my conduct was "dishonorable" and "unprofessional".

The Victoria Advocate declined to interview me and declined to examine my evidence.

I think this brings us very close to a CHECK-MATE, MARI, baby!

Hu-rrah!!

Sincerely,

Shirley



On Tue, Jan 19, 2010 at 7:38 AM, Pamela J Motl xxxx wrote:


Please remove this e-mail address from your mailing list as it it my work account...I will keep up with this on facebook


-----Original Message-----
From: Shirley Pigott MD
To: Carolyn Barnes
Date: Fri, 15 Jan 2010 13:08:08 -0600
Subject: Re: Help, Carol arrested

If you do not want to be on this mailing list, I will report that to the rest of the mailing list. If you do not take reasonable action to stop this travesty of justice and repeated violations of human rights. We are compiling a list of "those who are silent". At the top of the list will be those who purport to be 'christians' but who are too 'embarrassed' to get your hands dirty. Consider this 'footwashing'.

We have been notified that she (Carol Davis, AKA Carol Ann Davis)is being held under $10,000 bond. If anyone can find out what judge issued the warrant, who the people who arrested her work for, and who set the bond so high for this alleged misdemeanor, please let me know.

Shirley

***

Shirley

This is HIGHLY unusual to arrest someone this way. Thank God you were there and took this picture.
Carolyn Barnes, Esq.

On Fri, Jan 15, 2010 at 11:45 AM, Carolyn Barnes < barnes.legalguidance@gmail.com> wrote:


I cannot find anything in the Travis County records showing a warrant outstanding on her.

Here is the link to the arrests by Harris County in last 24 hours and I do not see her name on the list.

http://home.jims.hctx.net/WebServices.aspx

http://www.jims.hctx.net/jimshome/jimsreports/jims1058.txt


On 1/14/10, Shirley Pigott MD wrote:
> Carol Ann Davis arrested at 10:45 AM at her home. I was there. Have been alerting people. Please do NOT assume something has been taken care of, unless I say it has.
>
> DOB 2/ 18/ 1956
>
> William has been notified. The charge is harassment, of whom, we do not know. A Ford Explorer with this license plate apparently is not in the state data base!.
>
> Trying to find out where she was taken and why
>
> 3 uniformed officers (Texas "State Police"?) no hats; late model maroon Ford Explorer; Texas License # BH5*S604; They came up when we went outside for Carol to tell me "good-bye", for me to drive home. Apparently they waited for her to open the door of her home.

> Keith Schmidt, paralegal, working with William Park to get her bonded out.
>
>
> Please assist


Pam Motl
Learning Facilitator
O'Connor Magnet School


Shirley Pigott MD
Texas Medical Board Watch
Texas Phoenix 007
361-894-6464 home
361-652-9474 cell

Monday, January 18, 2010

Josh McCown, Wharton County (TX) District Attorney picks on the wrong person.

Wharton County District Attorney Josh McCown may have met his match...yours truly.

As McCown, Keith E Miller MD (former Chairman of Texas Medical Board Disciplinary Process Review Committee), and Mari Robinson (Executive Director and "next to go" of the Texas Medical Board) altered government documents and shared them, the Forces of Righteousness march forward.

In August, although he did his best to convict me of aggravated assault of a law enforcement officer in the line of duty, with a deadly weapon (my car, as I was fleeing for my life), the Wharton jury, which rarely bucks law enforcement, acquitted me.

In a brazoned display of prosecutorial misconduct, McCown vowed to my attorney that he would seek revenge.

But... "Vengeance is mine!" says the LORD.

Naughty Josh...

Here I file a Motion for Mistrial based on Prosecutorial Misconduct.

Pigott Wharton Motion for Mistrial Based on Prosecutorial Misconduct of Wharton County (TX) District Attorn...

...naughty Josh...

That b-a-a-a-d boy took advantage of my disability. I am a proud advocate for persons with psychiatric diagnoses and don't think state medical boards and state attorney generals should pick on me because I have one. It is actually a badge of honor.

Wharton County has not escaped the Dark Ages, when the mentally ill often died in dungeons.

Here is what my doctor, Dr. Matthew Brams, said about my condition:

Pigott Summary of Testimony by Dr Brams



Former TMB member Keith Miller is still retaliating against me because I called him a "medical whore" (a perjorative term doctors use for other doctors whose testimony under oath can be purchased) and gave him Texas Medical Board Watch's "Red Devil Award" two years in a row. See his feeble efforts:

Pigott Exhibit b Motion for Mistrial

Robinson, Miller, and McCown are marching onward, too. They are following the pied piper right over the cliff.

Sunday, January 10, 2010

It Happened in Texas - El Paso


Austin activist David Fisher


Texas Medical Board Watch has verified that David Paul Shrode MD has a valid Texas license issued by the Texas Medical Board; TMBW is not certain if it is the type license required of medical examiners, which reportedly is the issue Mr. Fisher is investigating.

David Fisher is investigating other Texas Medical Examiners as well.

Dr. Shrode reports that he is certified by a specialty board which is a member of the American Board of Medical Specialties or the Bureau of Osteopathic Specialists.

This is information which is not typically verified by the TMB.

A search of the American Board of Medical Specialties does NOT confirm that Dr. Shrode is board certified by any board which is a member. I searched the site and did not find a listing of his name.

I could not find a website for the American Osteopathic Association Bureau of Osteopathic Specialties where a board membership could be verified.

By my best understanding, it would appear that Dr. Shrode states that he is board certified, but he is not. It's possible I could have made an error, however. If anyone determines that I am in error, please notify me and I will issue a correction and apology.

A note about my own board specialization. I believe it expired at the end of December, 2009, although I have requested an extension of one year due to fraudulent and harassing investigations, license suspension, criminal charges, convictions, and slander lawsuit by Keith E Miller MD, former TMB member. The lawsuit alleges that I called him a "medical whore" (he is exactly that in common doctors' parlance) and my organization (Texas Medical Board Watch) gave him our "Red Devil Award" in 2005 and 2006. The Association of American Physicians and Surgeons has called him "the worst medical board member" (in terms of corruption and conflicts of interest) in the country.

In fact, I created this blog to demonstrate publicly that the state of Texas is NOT going to "get me down". The phoenix was the mythical firebird which rose from the ashes and the "007" should be loosely translated as "I'm going to get them, eventually."

I have been known to get irate at persons who try to "encourage me" by telling me I can't accomplish what I intend to accomplish with exposing extensive corruption in Texas government, which specifically involves or involved the most three recent (including the current directors) Executive Directors of the Texas Department of Public Safety (Thomas Davis, Stanley Clark, and Steve McCraw), most recent two of the Texas Medical Board (Donald Patrick MD JD and Mari Robinson JD), Texas Board of Nursing (Katherine Thomas), Attorney General Greg Abbott, State Auditor John Keel, and a host of their underlings.