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Hargroder filed a medical malpractice suit against Dr. Steven P. Unkel and Union General Hospital, claiming damages for Dr. Steven P. Unkel's failure to diagnose and treat the stroke. In November 2000, a medical review panel found that Union General did not deviate below the applicable standard of care. The panel found that Dr. Steve Unkel deviated from the accepted standard of care, but the deviation did not affect the outcome of the patient's care.
Hargroder proceeded to jury trial against Dr. Steve P. Unkel. At the close of the defendant's case, the trial court granted a directed verdict against Dr. Unkel finding that he breached the applicable standard of care, and finding that the plaintiff suffered the loss of a chance of a better medical outcome arising from the defendant's failure to diagnose and treat the plaintiff's stroke. The jury awarded Dr. Hargroder $150,000.00 in damages. On appeal, the Louisiana Court of Appeal affirmed the directed verdict, but reduced the damages to $75,000.00.
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FOOTNOTE: ROLE OF DR. STEVEN PATRICK UNKEL. The following excerpts are taken from the RESPONDENTS' BRIEF submitted by famous WatchTower Society Attorney JAMES M. McCABE in the REGENTS-LUNSFORD appeal to the COURT OF APPEAL OF THE STATE OF CALIFORNIA. These excerpts will give readers some feel for the role played by Dr. Steven P. Unkel both during the trial as well as events before, during, and after the surgery giving rise to the LUNSFORD lawsuit:
PAGE 7: "Because of Dr. Potter's hesitancy, the Lunsfords did not plan on having the transplant done at UCSF. (RT 1332) Rather, they continued their search for a team that would assure them that a bloodless kidney transplant could be safely performed. (RT 1332) They knew that bloodless surgery was generally available. (RT 1332-33) On Thursday, February 23, 1984, after calling several different state university hospitals across the country, Lori spoke with Dr. Steven Unkel of St. Luke's Hospital in Houston, Texas. (RT 596, 642-43, 1335, 1337) Dr. Unkel said that he would check into the feasibility of a bloodless transplant for a patient like Casey and would call her back. (RT 1335) Dr. Unkel returned Lori's call about two or three hours later and assured her that she could bring her son to the University of Texas transplant team in Houston for a bloodless transplant. (RT 643, 1336, 1550) Based on this information from Dr. Unkel, the Lunsfords immediately started making preparations to take Casey to Houston for the transplant. (RT 644, 1336, 1551)
PAGE 11: Before meeting with Dr. Potter on Thursday, February 23rd, Lori had been in contact with Dr. Unkel of St. Luke's in Houston. (RT 596, 1335, 1337). Paralleling the family's testimony, Dr. Unkel remembered Lori calling to inquire about the possibility of doing a transplant without blood. (RT 596) Since Dr. Unkel was not a transplant surgeon, he said that he told Lori that he would speak with his superiors and would then call the family back. (RT 597, 1335) Dr. Unkel then spoke with Drs. O'Donnel and Peters, who in turn spoke to Dr. Dudrick, about the Lunsfords' request for a transplant without transfusions. (RT 597) Dr. Unkel explained that he called Lori back and told her that she could bring Casey to Houston to have the transplant done without blood. (RT 598) Dr. Charles Van Buren, the transplant surgeon associated with the Houston team, testified that he returned Lori's phone call to discuss the possibility of a bloodless transplant. (RT 1597, 1600, 1607; Appellants' Brief at 30-31) Dr. Van Buren maintained that no commitment on the blood issue was made or could be made because he would not let a child die without blood. (RT 1608) However, Lori said that she did not directly speak to Dr. Van Buren about the transplant. (RT 1589-90) In a May 1989 declaration that Lori signed, she maintained that a promise had been given by Dr. Van Buren's team at the Houston hospital that the transplant could be done without blood. (RT 1568-69)
PAGE 15: Dr. Unkel recalled that sometime prior to Casey's UCSF admission, Lori called to inform him that she was going to take Casey to UCSF. (RT 598-99) According to Dr. Unkel, Lori told him that the California transplant team had assured her that no blood would be used in the transplant. (RT 598-99).
PAGE 26: Dr. Unkel also recalled that Lori called him after Casey's surgery in an attempt to transfer Casey to Houston. (RT 599) Dr. Unkel explained that Lori told him that she wanted to transfer Casey because UCSF had lied to her and transfused Casey despite their assurances to the contrary. (RT 599)
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In March 2009, Daniel Simonetti, age 31, of Merton Bank, who was employed as a delivery person for a local pharmacist, sexually assaulted an 89 year-old female to whom Dan Simonetti had at other times regularly delivered prescriptions to her home in Ashton. On a Wednesday afternoon in March 2009, after delivering a prescription to one of the victim's neighbors, Simonetti thereafter stopped at the victim's home where he found the door to be unlocked. Simonetti entered the victim's home, and introduced himself as a "trainee doctor" to the victim whom did not recognize Simonetti as her regular prescription delivery person. Simonetti even pretended to talk with a superior on his cellphone. Simonetti instructed the victim to undress so that he could take a urine specimen. Simonetti then proceeded to sexually penetrate the victim causing her bruising, swelling, and immense pain, and thereafter, fear and psychological devastation. At some point, a neighbor who possibly had heard the victim scream out in pain, knocked on the door and interrupted Simonetti before he could do anything worse. Simonetti briefly spoke to the neighbor and left, and the victim then told her neighbor what Simonetti had done to her. Simonetti was arrested two days later, and initially charged with rape. That charge was later dropped in exchange for a guilty plea to sexual assault by penetration.
The trial judge imposed an indeterminate sentence, and ordered Daniel Simonetti to serve at least three years in jail before the Parole Board could decide if and when Simonetti should be released. Dan Simonetti was also ordered to sign onto the Sex Offenders Register for life.
Unbelievably, the trial judge even disclosed that Dan Simonetti had previously ADMITTED having indecently assaulted the 4 year-old daughter of "AN AQUAINTANCE HE KNEW THROUGH HIS INVOLVEMENT WITH THE JEHOVAH'S WITNESSES" back in 1996. Readers should not be too quick to assume that the victim was the child of a fellow Jehovah's Witness. Given this Perpetrator's modus operandi, the judge's verbiage can just as easily refer to an "acquaintance" made during Simonetti's door-to-door proselytizing. Maybe Simonetti was comfortable doing what he did in 2009 because he had done the same thing previously -- at least once back in 1996, and probably multiple times thereafter.
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In March 2001, Allstate Insurance Company filed a lawsuit against Advantage Medical Diagnostic Inc. which alleged thatAMD was a "broker" of MRIs and other diagnostic services, which had billed Allstate for services which it had not performed. The complaint further charged, "AMD has also engaged in a pattern of criminal activity by paying and receiving commissions, bonuses, rebates, kickbacks or bribes or in kind or engaged in a split-fee arrangement with referring physicians or with the actual diagnostic facilities." Outcome unknown.
***
ADVANTAGE MEDICAL DIAGNOSTIC v. STATE FARM INSURANCE COMPANY was a 2001 Florida civil lawsuit which AMD ludicrously filed against State Farm to collect for MRI services allegedly performed on one of State Farm's policyholders in July 1999. In December 2001, the case was summarily dismissed, with the court stating in part:
Plaintiff which did not perform necessary medical services and is not a physician, hospital, clinic, or other person or institution lawfully rendering treatment to an injured person for a bodily injury covered by PIP insurance is not entitled to payment for MRI services from insurer or insured.
***
FLORIDA v. VICTOR H. CHERY was a 2005 Florida state criminal case which involved Victor H. Chery, then age 49, of Tampa, Florida. In March 2005, Victor Chery was arrested and charged with "patient brokering", which was a third-degree felony that carried a maximum five-year prison sentence. Chery's arrest was part of a two year "insurance fraud" investigation conducted by Florida's Department of Financial Services - Division of Insurance Fraud, the Federal Bureau of Investigation, the U.S. Postal Inspection Service, the National Insurance Crime Bureau, and the Hillsborough County State Attorney's Office. Allegedly, accident victims (real and not real) were solicited by attorneys and others, who in turn "sold" the "victims" to doctors, medical clinics, diagnostic firms, etc., who in turn billed insurance companies for unneeded services and services not preformed. Outcome unknown.
***
Advantage Medical Diagnostic Inc. was closed as a result of the 2005 criminal investigation. Victor Chery currently owns and operates Quality Diagnostics of Tampa, Inc. at the same address.
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Efren Saldivar was the son of illegal Mexican immigrants. Saldivar was reared as a Jehovah's Witness, and as is often the case, Saldivar had a troubled childhood. Saldivar was a loner with few social skills. He dropped out of high school during his senior year. Discouraged by his job at a supermarket, and encouraged by a friend attending vocational school, Saldivar decided to pursue training as a Respiratory Therapist. After obtaining a G.E.D., and completing one year of vocational school, Saldivar began his career as a RT in 1989. At the age of 20, this "angel of death" began his spree of "mercy killings". The first victim was an elderly female who was suffering from cancer and terminally ill. Saldivar disconnected part of her breathing apparatus so that she would suffocate to death. Over 1,000 patients died at some point on Saldivar's (third) shift during the eight years at the hospital where he worked fulltime. Saldivar also worked at a number of other hospitals on a part-time basis over the years. Even Saldivar did not know how many people he had killed. Saldivar stated that he stopped keeping count after the number passed 60.
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Both David and Theresa Goldberg were allowed to plead guilty to reduced charges. Theresa Goldberg pled guilty to "kidnapping conspiracy" and received a 57 month sentence, of which she probably served very little. David Goldberg, who knew of his wife's plans to kidnap the child, was allowed to plead to "criminal conspiracy", and received a sentence of only 10 months.
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IN THE MATTER OF JUDITH M. DAVIS was a 1998-2004 California disciplinary action brought by the California Board Of Registered Nursing against a Jehovah's Witness Registered Nurse named Judith Davis, who is the wife of a Jehovah's Witness named Dion Tolbert. On February 6, 1998, Davis was admitted to the Pomona Valley Hospital Medical Center ER and confirmed to be under the influence of opiates and PCP. Davis also had in her possession sixteen 100mg ampules of Demerol, one nearly empty 2mg vial of Ativan, and two syringes. On February 16, 1998, a complaint was filed with the Board against Davis alleging her positive test for opiates and PCP and her use and possession of drugs. On July 10, 1998, the Board began an investigation of the complaint against Davis. In April 1999, Davis admitted that she had tried to commit suicide on February 6, 1998. On September 3, 2001, pursuant to an Order to Compel Psychiatric Examination issued by the Board, Davis was examined by a Dr. Rath, who diagnosed Davis as having borderline personality disorder and major depression recurrent type, and concluded she was unable to safely practice nursing. Davis contested the diagnosis and repercussions to her career. In October 2004, the California Board Of Registered Nursing suspended Davis' license pending a future mental health examination determining that Davis was capable of safely practicing as a RN. Outcome/current status unknown.
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Per the Fall 1997 issue of DME MEDICARE NEWS, a Montgomery County, Pennsylvania Chiropractor, named James N. Roebuck, then age 45, had been "indefinitely" suspended by the federal government from participating in the federal Medicare Insurance Program, effective February 1997. James N. Roebuck, Jr. is the son of well known Jehovah's Witness Chiropractor, James N. Roebuck, Sr., who not only treated JWs throughout the greater Philadelphia area for 40 years, but reportedly was "Chiropractor-to-the-stars" at the International HQs of the WatchTower Bible and Tract Society. Dr. James Roebuck, Sr., died in 1995, while performing services at the WatchTower Society's large Patterson, New York complex. James N. Roebuck, Sr. also traveled for years on behalf of the WatchTower Society, serving as "Chairman's Assistant" and "Purchasing Supervisor" at numerous WatchTower Conventions around the United States. Curiously, when doing PR media interviews at these conventions, Roebuck would "profession-drop" that he was a Chiropractor, but he would then indicate that he was performing various non-medical services at that convention.
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MILLS v. ALEATA MAY BEACH, STROER v. ALEATA M. BEACH, and OKLAHOMA v. ALEATA BEACH were two 1994-95 Oklahoma civil lawsuits and one criminal court case which involved a Jehovah's Witness Registered Nurse named Aleata May Beach. Aleata M. Beach was indicted in 1994 for the murders of four terminally ill patients who were all under Beach's care at Grady Memorial Hospital. All four patients died in August 1994. Three days after the fourth patient died, Aleata May Beach attempted suicide, but failed. Aleata Beach left a suicide note in which she detailed how she killed each patient. However, after recovering from the failed suicide attempt, Beach recanted her story, and blamed the suicide attempt and the note on depression caused by her work with terminally ill patients. At her trial, a doctor and a nurse both testified that they had heard Beach state that she had killed the four patients, but they also opined that she did not do so. Beach had graduated in May 1992.
Beach was eventually cleared of all criminal charges because the deaths of the four terminally ill patients could not be proven to have been caused by Beach. Autopsies performed later were hampered by the fact that the bodies had been embalmed. Beach voluntarily surrendered her nursing license rather than submit to an investigation by the state licensing board. Families of two of the deceased patients filed wrongful death suits, but the outcomes are unknown.
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Affiliated entities included: Stejskal's Herb Shop, Stejskal Enterprises, Inc., Stejskal Enterprises Trust, Bio-Active Kansas Trust, Country Rose Holding Trust, and Total Health Center Trust. Around 1995, family members living in Texas opened an affiliated business in Corpus Christi. Kenny Stejskal Sr. retired in 1999, but retained ownership of the businesses. Ken Stejskal thereafter relocated to Corpus Christi, Texas. An online 2013 report still shows two "Stejskals" as being top Noni distributors.
In 2005, for tax year 1999 only, the U.S. Tax Court ruled that Stejskal owed additional taxes of $181,163.85, plus penalties of $241,551.80.
INTERNAL REVENUE SERVICE v. KENNETH WAYNE STEJSKAL SR. ET AL was a 2006 United States Tax Court case which related to tax years 2000 and 2001. For 2000, the IRS determined additional taxes in the amount of $106,252.00 , plus penalties of $21,250.40. For 2001, the IRS determined additional taxes in the amount of $443,939.00, plus penalties of $88,787.80. Outcome unknown.
How in the world could a Jehovah's Witnesses owned-operated MLM Vitamin - Herbals business generate that much annual income? Here is a publicly posted summary of a telephone conversation with "Dr." Kenneth Stejskal, which reportedly occurred in 1998 (emphasis ours):
8-11-98 Conversation with Dr. Kenneth Stejskal, Clinic in Hutchison, Kansas -- Homeopathic, Holistic
Hello Everyone ... Something great to share with you! Hope you are as excited about what we've found in Noni as we are! While in Colorado I heard from another Noni distributor that this doctor, Dr. Kenneth Stejskal, has a clinic and he is giving patients Noni and Hoa 1 and 2. Their bodies, because of being cleansed of toxins and fed the right nutrients, are working at full capacity and have eliminated cancer, Alzheimers, diabetes, and all types of physical ailments from them! Patients have returned to him with the news that they've rid their bodies of breast tumors in 10 days, brain tumors that were inoperable in 30 days using a bottle of Noni everyday - cat scans showed no sign of a tumor.
When a patient comes to him he attacks the root cause of the ailment with detoxifiers (found in Noni). He says the ailment doesn't start on its own - it's either chemical imbalance or heavy metal. Once detoxified and the immune system is restored, the body will take care of the problem.
Dr. Stejskal worked with Gilbert Nordan this last year using Noni and Noni Hoa and two weeks ago Gilbert got a clean bill of health from the hospital -- No HIV!!! Dr. Stejskal says his cancer patients use a bottle a day for 4 days, then 1/2 bottle for 4 days, then 8 oz. a day plus Noni Hoa until they get a clean bill of health. Average has been in 21 days for his patients.
He says chemotherapy is very bad for our bodies. He has been in cancer research since 1975 and has associated with over 2,000 doctors worldwide.
Since 1972 he has treated 19,000 plus different types of illness.
Since 1987 when he began treating terminally ill cancer patients (people sent home to die) he's treated around 8,000 terminally ill and only lost 64 patients!
He was written up in a medical journal as one of the top 5 diagnostic doctors in the world. He says it's not that he is (so great) he just uses the "horse sense" he grew up with on the farm. He was very helpful and very concerned throughout our conversation, which I might add was on his phone bill and more than an hour long. How many doctors spend that much time with a stranger when they have nothing to gain????
Getting back to Dr. Stejskal saying chemotherapy is bad for our bodies, he says the two doctors that invented chemotherapy were using a micro amount, just enough to make the body respond to it so the body would kick up the immune system to fight the chemo and that would trigger a response big enough to overcome the problem. The AMA came in and told them they have to use massive doses to make sure the cancer wouldn't return. The doctors told the AMA that is dangerous but they wouldn't listen and even threatened to take their licenses unless they used massive doses so, the inventors of chemotherapy don't use it because they don't want to be blood guilty.
Now, tens of thousands are dying, not from the cancer, but from pneumonia caused by their immune system weakened by chemotherapy. Chemotherapy causes different things to happen to the body according to how much the doctor is administering and how the body reacts to the toxins. People lose their hair and become very sick because their bodies are working extremely hard to clean out the chemicals. That's why it's necessary to get people on Noni and Noni Hoa, to help them overcome the effects of chemotherapy.
Dr. Stejskal talked about getting diabetics off insulin in 3 weeks. They take 1 ounce daily for one week, 2 ounces daily for one week, 3 ounces daily for one week (but necessary to adjust according to sugar level; it must be monitored while on Noni).
Alcoholics and smokers quit with Noni and Noni Hoa. He says their bodies are lacking some important chemicals or element so they crave drugs and using the complete system compensates for the missing components.
He also said to be careful with depressed people on pain killers, adding Noni could cause them mental problems, (presumably because it enhances other medications)! Also, people on a lot of drugs, prescriptions and others, will release a lot of toxic chemicals from the liver that have built up and these can dump out and sedate the colon, causing constipation. He says just use an herbal laxative and drink lots of water.
He ended the call with if we need help and he's not too busy he will help all he can. He's so busy he's not taking new patients so I feel privileged to have had this informative conversation with such a special doctor! I hope you enjoyed this letter. I can't wait to do great things with you as a team!
Geno and Barb Blagg
James Barratt's JW Wife has died, and he has relocated to a new area where he has been reinstated as a Jehovah's Witness, and he currently actively practices as a HOMEOPATH. James Barratt has a significant internet presence -- selling homeopathic concoctions on both eBAY and his own online website.
Gary F. Edwards, was a Jehovah's Witness Chiropractor, who did business in Independence, Missouri, as Edwards Back & Neck Care Center. This case arose out of Gary Edwards' treatment of a Mennonite farmer, named Duane Troyer, starting in April 1990. Apparently, this Jehovah's Witness Chiropractor had developed a relationship of trust with many members of Missouri's Mennonite and Amish communities. Duane Troyer's parents and a grandmother had been patients of Edwards, and they referred Duane to Edwards. In October 1996, The Kansas City Star published an article which explained why many Mennonites and Amish sought out Gary Edwards:
"Medical science has produced many wondrous machines, but none was more alluring to the region's Mennonite or Amish communities than the one in Gary Edwards' Independence chiropractic office. Typically, the patient was ushered into an examining room where the chiropractor talked over any symptoms and then switched on what patients say he called "the Interro" or "the nutrition machine." Several independent accounts produce the same description: a computer screen and keyboard attached by wire to a stubby pencil-shaped probe.
But the machine wasn't used on just anybody. "If a doctor or anybody but the Mennonite families asked about it,"said Michelle Moore, who worked briefly for Edwards as a file clerk, "I was to say that it didn't exist." It was a special machine, she said, for special people.
Edwards would touch the probe to points on a patient's hand, acupuncture-style, Amish patients said. Supposedly the Interro detected the body's electrical impulses. The computer software, in theory, measured those impulses to see how well various organs in the body worked. The diagnosis was instant. And completely worthless. The Interro does not work. It can treat nothing. It can make no valid diagnosis."
[Readers interested in the use of "quack" medical devices by Jehovah's Witnesses at WatchTower Society world headquarters, should click HERE.]
Duane Troyer was a hemophiliac who had contracted AIDS from contaminated blood in 1984. When Troyer learned that he was HIV positive, in April 1989, Duane was engaged to be married to fellow Mennonite, Regina Hershberger. Duane and Regina Troyer were married on September 15, 1989. During the period of preparation for their Mennonite wedding, their religious leaders conducted an anointing ceremony, and prayed for Duane to be healed. Although the couple believed that God could heal Duane, they followed all precautions as recommended by Duane's medical doctor. Duane and Regina understood that they must use a condom and contraceptive foam during sex, in order to guard against transmitting the virus to Regina, and that they must take precautions with regard to Duane's blood, and that they would NOT be able to have children.
Duane and Regina Troyer first visited Gary Edwards on April 3, 1990. Duane informed Edwards that he was HIV positive and wanted to know if there was anything that Edwards could do to help him. During that first visit, Edwards did not conduct any physical examination or chiropractic evaluation of Duane, other than the following. Although Edwards had never treated an HIV patient before, Edwards explained the use of his "Interro machine", which was a version of an Electro-Accupuncture According to Voll (EAV) machine, named after Reinhard Voll, the man who pioneered the use of such techniques. Edwards attached a probe to Duane's fingers and toes. The probe was connected to a computer, which measured the electrical energy levels of certain body organ systems. Edwards' version of the Interro was an advanced model that not only diagnosed a patient's problems, but also assisted in the preparation of a homeopathic remedy. Edwards placed a bottle on top of the Interro while operating the machine. The bottle contained distilled water and gin. According to EAV theory, the machine places an electrical charge in the water, and the alcohol is necessary to hold the charge. The charge is meant to correct an electrical imbalance in the body. Edwards gave the bottle to Duane and told him to place 10 drops under his tongue three times per day, after slapping the bottle on the palm of his hand. Based on the Interro's readings, the computer printed a list of suggested vitamin, mineral, and herb supplements, which Edwards also gave to Troyer. Edwards represented to Duane and Regina that the object of his treatment was to bring the body's systems into balance, and allegedly, that his treatment could eradicate the HIV from Duane's body, which Edwards later denied saying.
On May 1, 1990, Duane again visited Edwards' office. Edwards again used the Interro, which indicated improvement, to formulate additional drops and suggest additional supplements. Duane visited Edwards' office again on August 7, 1990. His condition was better than at the previous visit. Duane reported stiffness in his neck and back. Edwards performed a chiropractic adjustment on Duane, used the Interro machine, and gave Duane more drops and supplements. Edwards allegedly stated that he would be able to eradicate the HIV. Regina allegedly asked if she and Duane could have children when Duane's body eradicated the HIV, and if Edwards and his wife would have children if they were in Duane and Regina's position. Edwards allegedly replied that he would proceed to have children if he were in their position because Duane's body had gotten rid of the virus and it was not transmittable to anyone, which Edwards later denied saying.
Duane visited Edwards' office on September 25, 1990. Duane and Regina were moving to Montana at that time. Edwards used the Interro, which indicated that Troyer's body's systems were close to balance, but gave Duane more drops and more supplements. On November 12, 1990, Duane visited Edwards' office while he was in Missouri for a short visit to tend his farm. Edwards drew blood for an HIV test and sent it to a lab. Duane returned to Montana. The test showed that Duane remained HIV positive.
Edwards called and reported the test results to Regina Troyer on November 20, 1990, because Duane was en route back to Montana at the time with Regina's parents. Allegedly, Edwards told Regina that the HIV test was negative, and that the HIV could not be transmitted to her. When Duane and Regina's parents arrived in Montana, Regina told them about her conversation with Edwards. Elizabeth Hershberger was skeptical that Duane's HIV had been eradicated. She called Edwards when she returned home to Missouri the first week of December. Edwards allegedly told Elizabeth Hershberger that he was absolutely certain that Duane's HIV had been eradicated, and that Duane could not transmit HIV to Regina, and that if Duane and Regina had a child, the child would be healthy. Allegedly, Edwards also placed a call to Duane's parents' home on November 21, 1990. Duane and Regina never had unprotected sexual relations prior to November 20, 1990. However, based on Edwards' telephone calls, the couple believed that it was no longer necessary to practice safe sex.
On August 29, 1991, Duane visited Edwards' office. Edwards used the Interro, which indicated that Troyer's body was nearly in balance, but gave more drops and more supplements. Edwards allegedly stated that the HIV was eradicated. Edwards indicated that Duane should return in 12 months.
Regina Troyer's mother, Elizabeth Hershberger, made two telephone calls to Edwards' office on November 2, 1991. Elizabeth had learned that Regina was pregnant and wanted to find out if Regina would be OK. Edwards made an 11-minute collect call to the Hershberger residence on November 5, 1991. Allegedly, Edwards assured Hershberger that there was no risk to Regina. In her Christmas letter in 1991, Elizabeth announced that Regina was pregnant and that the couple's "homeopathic doctor" said there was no risk from HIV.
Regina Troyer gave birth to a daughter on May 20, 1992. Duane and Regina had moved back to Missouri by that time. Both Regina and the baby tested HIV positive. After the birth of his daughter, Duane's health rapidly deteriorated. At the urging of his parents and grandmother, Duane again visited Edwards' office on July 31, 1992. Edwards drew blood and took a hair sample, and sent them to a lab for analysis. Edwards also did an chiropractic adjustment and diathermy, and gave Duane a supplement. Regina later alleged that she overheard Edwards tell Duane that his illness and symptoms had nothing to do with AIDS.
On August 12, 1992, Duane was admitted to Audrain Medical Center in Mexico, Missouri, and was diagnosed with pneumonia and AIDS. At Duane's request, the hospital released him to go home on August 15, 1992. Later in August 1992, Duane was taken to the hospital in Brookfield, and was then transferred to Columbia. Doctors diagnosed meningitis and a possible tumor in his brain, which were complications of AIDS. Because no treatment would be effective, the doctors sent Duane home to die. Duane Troyer died on September 5, 1992. Regina Troyer and her daughter were still alive as of late 1999, and were receiving medical treatment for their HIV conditions.
Quite interestingly, Duane Troyer's Mennonite father, David Troyer, who had been, and possibly still was, a patient of Gary Edwards, testified in 1999 to his recollection of events back in 1990-1. David Troyer stated that he accompanied Duane and Regina on visits to Edwards' office "a couple of times". David Troyer stated that he never heard Edwards state that he could cure HIV, and that Edwards stated that "he couldn't cure anybody, but he could make their life more pleasant."
The Commission made findings of fact that Gary Edwards represented that: (1) Edwards' treatment could cure HIV/AIDS, (2) Duane Troyer had been cured, and, (3) Duane Troyer's later symptoms had nothing to do with AIDS.
With regard to the Board's charge of "incompetency", the Commission ruled, in part: "By attempting to cure HIV/AIDS, representing that Duane was cured, and failing to recognize that chiropractic was an inadequate and ineffective means for treatment of HIV/AIDS, Edwards demonstrated incompetence."
With regard to the Board's charge of "misconduct", the Commission ruled, in part: "By representing that he could cure HIV/AIDS and that the condition was cured, Edwards committed misconduct."
With regard to the Board's charge of "gross negligence", the Commission ruled, in part: "Because we have concluded that Edwards acted with wrongful intent rather than with mere recklessness, he is not subject to discipline for gross negligence."
With regard to the Board's charge of "fraud, misrepresentation, and dishonesty", the Commission ruled, in part: "Edwards made false statements in order to make Duane and Regina pay him for the Interro treatments and drops. Further, he did not tell Duane and Regina that the brown bottles contained nothing but gin and water. Therefore, he is subject to discipline for fraud, misrepresentation, and dishonesty."
With regard to the Board's charge of "practicing medicine", the Commission ruled, in part: "... Edwards went beyond providing nutrition by prescribing or administering a medicine and attempting to practice medicine ... ."
In February 2000, Missouri's Administrative Hearing Commission ruled that Gary Edwards could be disciplined by Missouri's State Board of Chiropractic Examiners. In May 2000, the Board revoked Edwards' license to practice chiropractic, with imposition of revocation stayed pending Edwards' successful completion of a two-year suspension and a subsequent five-year probationary period.
However, in April 2002, on appeal from Gary Edwards, the Missouri Court of Appeals ruled that the Board's fact-finding body had erred by not allowing Edwards to have access to certain evidence during the discovery process, and reversed the Commission's decision, and remanded the case for further proceedings. DECISION. The Board subsequently withdrew its complaint against Edwards when Missouri's Supreme Court refused to hear their appeal on the reverse and remand.
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EDWARDS v. GERSTEIN ET AL. Thereafter, Edwards filed a new lawsuit alleging that members of the Missouri Board of Chiropractic Examiners acted with gross negligence during the board's disciplinary proceedings against him, and alleging that a board employee engaged in malicious prosecution during her investigation of claims against Edwards. After venue in the case was moved from Jackson County to Cole County, the circuit court ultimately dismissed Edwards' suit, finding the board members were entitled to quasi-judicial immunity and that the board employee was immune from suit under the official immunity and public duty doctrines. Edwards appealed, but lost at the Court of Appeals level in December 2006. However, in October 2007, Missouri's Supreme Court reversed in part, and remanded for further proceedings on Edwards' charge of "gross negligence", from which the court ruled that the Commission members and employee were not immune (did not mean they were -- just that the charge could be heard).
In August 2010, a Cole County jury ruled in Edward's favor and awarded Edwards $6,284,759.00 against the individual board members. In January 2012, on appeal to the Missouri Court of Appeals, the the lower court's decision and award was affirmed. Unknown if appealed to Supreme Court of Missouri.
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TARR ET AL v. EDWARDS was a 1999 Missouri civil court case. Incomplete details. In May 1999, three females filed a civil lawsuit against the Jehovah's Witness Chiropractor, Gary F. Edwards, alleging inappropriate sexual behavior. Sandra Tarr, a former employee, claimed that Edwards sexually harassed her by touching her, hugging her, kissing her, and rubbing up against her body. Leslie Tuttle and Michelle Brown, both patients of Gary Edwards, alleged that objectionable behavior occurred while they were being treated at Edward's Independence, Missouri chiropractic office. Edwards denied the allegations. Outcome of this civil lawsuit is unknown. Unknown if criminal charges were pursued.
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RECOMMENDED READING:
Short BIBLE TOPIC Readings Selected For Those With Jehovah's Witnesses Backgrounds
Wifely Subjection: Mental Health Issues in Jehovah's Witness Women
Jehovah's Witnesses and the Problem of Mental Illness
The Theocratic War Doctrine: Why Jehovah's Witnesses Lie In Court
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