when quacks resort to legal intimidation

December 1, 2011 — 5 Comments

As I’m sure you know by now, one of the primary symptoms of a crank is an acute inability to take criticism. As in the person in question starts foaming at the mouth with rage when confronted with the idea that he may not necessarily be 100% correct about his profound and revolutionary idea. Now of course not everyone who will shy from criticism is a crank by definition, there are a lot of people who simply take all criticism personally, primarily because they form such profound attachments to their ideas. However, if you hold on to your ideas a little too tightly and start justifying why everyone says you’re wrong as some sort of nefarious conspiracy, you’ll more than likely be in the final stages of your descent into crankhood. And when you’ve found a way to make some cash by selling your pseudoscience, you’re highly prone to lashing out at those who point it out with an infuriated threat of a lawsuit. That’s exactly what a PR flack for the Burzynski Clinic has been doing across the skeptical web after Quackometer’s Andy Lewis wrote about the clinic’s founder’s false promises and greed in the case of a young girl with a brain tumor being charged £200,000 for his supposed cancer treatment.

In response, a marketer, and, apparently, esteemed legal scholar, Marc Stephens, proceeded to carpet-bomb skeptics on his hit list with cease and desist e-mails, each more threatening than the last, and the verbage of which made it easy to imagine the author howling in rage as he quite literally pounded it out on his keyboard, keys flying in every direction. You see, apparently Stephens isn’t just threatening skeptics with lawsuits, but in his rampage, he’s actually exposing a grand conspiracy created by Michael Shermer and involving numerous skeptical bloggers to discredit the dashing researcher Stanislaw Burzynski and his revolutionary therapy for a whole host of cancers once thought incurable. His proof, the one he demanded the bloggers on his hit list to show their audiences, consists of screen caps of tweets and blog posts authored by skeptics. No, that’s it really. If you call yourself a skeptic and wrote something unflattering about the Burzynski Clinic, you’re a part of the conspiracy and therefore, must either shut down your blog or scrub it of anything that doesn’t praise Marc Stephens’ bosses. Don’t bother asking for a list of passages with which the Clinic disagrees. You know what you did you evil, nasty skeptic you, so either shut up or suffer the wrath of Burzynski’s squad.

Stephens could not have been serious about taking this Gordian Knot of accusations to court, could he? Does any judge actually allow a case naming hundreds of not thousands of people as defendants based on such flimsy conspiratorial nonsense? Though the discovery period would be rather fun and all those skeptics may get a chance to explain the flaws of Burzynski’s claims, pointing out that one can follow Stephens’ pretense at logic to draw a similar conclusion about skeptical coverage of alien abductions, psychics, and ghosts. Then, the very same skeptics could turn around and demand that the Burzynski Clinic pays them for their time, legal expenses, and damages for the harassment it inflicted. I mean come on, the Clinic let someone with serious deficiencies in civilized communication electronically bully a blogger still high school, attaching Google Maps snapshots of his home in his e-mails. This is beyond a cease and desist. This was outright harassment and intimidation, and Stephens, acting like a character from the Godfather movies told his targets that they got real nice homes and families and it would be a shame if anything were to happen to them. If I were Rhys Morgan, this e-mail would be forwarded to my neighborhood police department for safekeeping.

Now, after nearly a week of Stephens’ nastiness, the Clinic’s already shaky web reputation has plummeted in just about every way possible. Trust sites now rank them as a scam, search results are being filled with blog posts explaining why to steer clear of them and stories of their intimidation, and they know full well that a lot of medical bloggers are either working on, or are now posting detailed scientific explanations of why Burzynski’s version of chemotherapy fails to work, and how he can claim to keep doing trials while really using them as a smokescreen to either administer chemotherapy, or do his own personal research while charging patients a ridiculous amount of money for it. Keep in mind that not a dollar of his fees could be covered by the patients’ health insurance policy because the treatment is still considered to be experimental, making this a very, very profitable endeavor. Were he to simply sell chemo treatments and accept his clients’ insurance, he’d have to negotiate his outrageous prices with insurance companies which would quickly drive them back down to terra firma. So with the damage still ongoing, Burzynski’s staff did the only partially sensible thing they could in this situation and sent out e-mails and a press release saying that they’ve fired Stephens.

But of course, the bloggers who made his hit list are still on the hook, they said, especially bloggers in the UK where suing for libel is a breeze. In other words, Stephens was apparently following Burzynski’s policy when he tried to threaten bloggers who were critical of his boss into submission. It’s just that he went overboard in his campaign and had quickly become a liability. At the end of the day, Burzynski and his staff are still snake oil salespeople, their products still don’t show any real potential to fight cancer according to the FDA, the NIH, and just about every other major group of medical professionals, and his "clinical trials" have gone on so long and include so much sketchy data, they qualify as clinical trials only by the vocabulary definition. The end goal of a clinical trial should be to test the efficacy and safety of a new treatment, then get it to market quickly, not have eleven of them rotating for years on end while charging participants $7,000 to $15,000 for the first round, then bilk them for an additional $4,500 to $6,000 every month for up to a year. That, my friends, is not a clinical trial, but a very profitable racket, one to steer clear of if you or someone you know has the awful misfortune of being diagnosed with cancer. Any cancer has to be treated promptly and aggressively, and time lost to questionable and unethical experimentation could turn out to be life lost in the worst case scenario.

[ illustration by Andrew Steven Foltz ]

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  • Howard

    Glad you’re back…missed reading your blog.

  • Jamie

    A friend just texted me that you’re back, and my day suddenly brightned. I’m so happy to have the pleasure, once again, of digesting your blog, sorry food on the mind. You have been sorely missed. Cheers.

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  • Bruce Coulson

    Legal assault…..errr…. lawsuits are the violence of choice for the sophisticated criminal.

    But it appears that Marc Stephens let his emotions get control of him. The correct way to do this is to find the bloggers easily intimidated by the threat of legal action and go after them. Then you can claim you’ve discredited your critics who won’t back up their claims.

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