MEMORANDUM

To: Senator Liz Figueroa
From: Dr. Vicki Hufnagel

RE: 12/04/01 Hearing to Review of the California Medical Board
Sunset Review Committee

Date: January 3, 2001

This memorandum and attached documents are to supplement the testimony given by Dr. Vicki Hufnagel before the Review of the Medical Board of California, on 12/4/2001, held before Senator Liz Figueroa. Additional documentation was requested to be submitted within 30 days following the Hearing.

In this memorandum, which I, Dr. Vicki Hufnagel, have drafted as a Statement of Truth, the facts of which I am willing to swear to under penalty of perjury, I have attempted to lay out as concisely as possible the abuses I have suffered from the California Medical Board, its members, and its predecessor, the Board of Medical Quality Assurance. It is my experience that the system which is in place now, with its lack of judicial checks and balances, is severely flawed. The system is easily adapted to serve to attack whistle blowers, and competent physicians, who are guilty of nothing more than trying to improve medical care by exposing areas that require improvement. In fact, the system has been so adapted, and it is a matter of standard practice for the CMB to use its resources to attack me, and others like me, rather than to protect the citizens of our great state from medical abuses. The end result is that the CMB is much more concerned about protecting abusive physicians and abusive policies that prosecuting them. This organization functions to expose citizens to abuse, not to protect them from it. This system is fundamentally flawed, and I have been a victim of this system. I request that the actions taken against me by the CMB and its members and predecessors be reviewed. I request that my license to practice medicine in the State of California be reinstated, and that the items taken from me in the latest raid be returned. Reparations for damages would also be appreciated. If any questions arise, or if further explanation is needed, please contact me.

IV. BMQA gets revamped into CMB, my license is gone, but the harassment continues 1996-2002

Exhibit 1 - Warrant and affidavit used to raid my home

Exhibit 2 - Statements of Truth from witnesses proving the affidavit used to get the warrant was made in bad faith and misrepresents facts.

Exhibit 3 - old copy of my resume

Exhibit 4 - Findings of Judge Neher

Exhibit 5 - Letter from CMB revoking license

Exhibit 6 - Order of Judge Yaffee, revoking license

I. The CMB Raid of my Home on November 20, 2001

This nightmare never seems to end. It isn't enough to have been persecuted, to have my livelihood removed, to have the campaign against me travel wherever I am licensed, to have all hospitals where I try to get staff privilege receive letters discrediting me. The CMB, for reasons unknown to me, must continue harassing me, a form of state-sponsored terrorism. A raid was conducted on my home by the CMB on November 20, 2001, based upon a warrant obtained by a perjurious affidavit. The Affiant, an employee of CMB, swears that a sign was posted in my yard indicating that I am performing surgeries in my home. No such sign was ever posted. The raiding team was 4 hours at my home without me present, and refused to allow the housekeeper to contact me, or to closely observe them. They were copying documents on my copier, taking papers, taking computer hard drives, taking my phones, taking my daughter's annual pass to Universal Studios, taking the registration papers on my cat, taking my bills which I need to pay, taking drafts of my manuscripts which expose the tactics of the CMB, taking evidence files I need for my bankruptcy and divorce court proceedings, taking my tax information. I had written several manuscripts for books to be published. I cannot publish them now because all my books were taken, as well as my letters from a publishing company with whom I have been negotiating. My actual Hawaiian medical license was taken, and the application for renewal there, which I must submit this month. They took items to harass, to do me harm, items that have nothing to do with practicing medicine in California. There is one simple reason that there is no evidence of me practicing without a license in California. I don't do it.

When they arrived at my home, it was obvious that there was no sign posted, it was obvious that I have no surgical capacity at my house. But they proceeded with their warrant-authorized stealing. I immediately went to their office, upon arriving home to find my place in tatters, all my phones stolen, my computers nonfunctional because the hard drives were missing, my Rolodex stolen. I went and asked for the items to be returned. I asked for my phones, because I must have phones to make a living, and I cannot afford to buy new ones. They refused. I asked for the papers on my cat. I was informed that I should not be able to afford the cat, and that the papers were going to be used as evidence. I asked for my papers which have nothing to do with medicine, but with my divorce and bankruptcy. I was refused. Nothing was returned. I have subpoenaed the documents under my bankruptcy case, and the CMB has refused to acknowledge or respond to the federal court subpoena. In short, the CMB has crippled me. I don't have a Rolodex or information on computer disks. It has all been taken.

Without reasonable cause the CMB terrorized me and my ten-year-old daughter. They burst into my home and vandalized it, damaged many things and took my files and writings. The CMB took things that they had not listed on the warrant. The CMB then refused to talk to my attorney and refused to return my things. The reason given for the raid was to try and find something on me, so that criminal charges can be filed. I am not a criminal. I do not practice medicine in California, and I do not understand why the State of California has one of its agencies continually attacking me. Will someone please bring an end to this terrorism?

The CMB has, with intent, destroyed my career, my health and my personal life without just cause. My answer to Senator Figueroa when she asked what has all of this cost me is, everything. I have lost everything I worked for.

Please refer to the following attachments:

Exhibit 1 - Warrant and affidavit used to raid my home

Exhibit 2 - Statements of Truth from witnesses proving the affidavit used to get the warrant was made in bad faith and misrepresents facts.

II. Whistle blowing, Cedars Sinai Hospital, Informed Consent Law, and the BMQA - How my persecution got started. 1976-1985

Prior to any action to revoke my medical licence I had a BMQA hearing on an 805, in 1984 or so. This is a standard hearing that occurs anytime a physician has their staff privileges revoked at a hospital. I had staff privileges at Cedars Sinai Hospital from 1976-1984. I had my privileges revoked, and the BMQA performed a standard hearing to determine if there was any issue of poor medical care which prompted the revocation of my privileges. If such had been found, BMQA could then take action to revoke my license. The 805 hearing was heard by three panel members, and Dr. Richland (sp) chaired it. The hearing panel found I had been harassed, that I had been thrown off staff without any cause. The medical care I provided was determined to be above the standard in the community and above the standard at Cedars Sinai. I was told the BMQA would protect me from further attacks. Dr. Reichland then retired. Following the 805 hearing BMQA ignored my several requests to provide me copies of my file, and never assisted me.

CEDAR SINAI

I began at Cedar Sinai as a resident Dr. Maclyn Wade was Chairman of the Department of Obstetrics and Gynecology, the department in which I worked. Dr. Wade created an environment whereby I was expected to participate in "extracurricular" activities at work. I had knowledge of many INSIDER issues at Cedar Sinai Medical Center because of my "working closely" with Dr. Wade. I was aware of many cover-ups, and the use of the BMQA powers to carry out personal vendettas, and to discredit any whistle blowers. I knew that Dr. Wade had the ability to carry out his threats of ruining my career, if I refused to be "cooperative." I discovered that Dr. Wade had numerous sexual relationships with his patients. Many of these patients are well-known public figures. Dr. Wade began insisting I marry him, presumably so that I could not testify against him. He openly, in front of witnesses, threatened my position at Cedar Sinai and my medical career, if I refused him. I finally found my voice, ungraciously declined his "offer" and he raped me. Within days after I turned him down, I received notice that my privileges at Cedar Sinai were revoked.

The charges against me justifying my removal from staff at Cedars were ludicrous by any standard. I was charged with video taping a birth, letting a woman squat to bear down during delivery, using Cedar's name on an academic paper I wrote, and on like this. The BMQA found the charges to be trumped up, and found that I had been harassed, and dismissed from Cedar Sinai for no reasonable cause.

The EEOC reviewed my case and found I had been sexually harassed and my damages exceeded their limit of $250,000. The EEOC provided a right to sue document. This did little good based on the lack of expertise and public ignorance. This occurred before Anita Hill. I had no one to get help from or advice at the time. I proceeded to file a sexual harassment case in California against Dr. Maclyn Wade. There are numerous public documents on file in the courts from witnesses such as Julie Bailey and Andrea Finklestein who were present when Dr. Wade made direct threats. Dr. Wade made it clear I married him or I faced ruin of my medical career. His behavior was, unfortunately, very typical. In fact, one other female resident at Cedar Sinai with me, ended up killing herself, because of the conflict she experienced in trying to stop another department head from demanding sexual favors from her. We were close friends. I determined to expose this behavior, so that others would not feel the same pressures and threats as she and I attempted to endure.

After the hearing, I provided documents to the BMQA which showed that a Dr. Alpern(sp) previously an anesthesiologist who was given power in the BMQA to investigate physicians, was working with staff at Cedars Sinai to attack whistle blowing physicians. I personally witnessed this man meeting at Cedars Sinai and on the speaker phone many times as he participated in manipulations to create false charges against many physicians. I informed the BMQA of many incidences of covering-up medical malpractice, of drug addictions by physicians, the same things that I had previously reported to Dr. Wade, as chair of the department. I realized that he would never take action, so I did. Or at least, I attempted to. No action of any kind, no investigations, nothing was done by BMQA, except, now I was a target.

In the meantime, the unbelievable occurred. Despite my numerous calls and letters and documentation, reporting my rape by Dr. Wade, and showing that Dr. Wade used the BMQA to attack physicians who knew too much, Dr. Wade had gotten himself placed on the BMQA staff as the head of the ETHICS committee.

Some of the physicians who were attacked by Dr. Wade and the BMQA were Dr. Barry Schiffren, Dr. L. Berman(sp), Dr. Gordon Goie and others. Dr. Berman had uncovered the fact that Dr. Wade was siphoning off money from grants for his personal use. Dr. Goie had worked at an abortion clinic where Dr. Wade moonlighted, and attempted to expose Dr. Wade's sloppy work. Dr. Wade used the BMQA and his position to ensure that no hospital would offer staff privileges to the physicians he attacked. He tied them up in years and years of BMQA hearings. He did the same things to me. Most of the others gave up and left the State of California.

I also witnessed Dr. Wade cover up sex scandals, drug abuses, and even sadistic acts of Dr. Larry Ford, who might be remembered from a couple of years ago when he hired his partner to be killed, then killed himself, and had chemicals buried in his yard. I reported Dr. Larry Ford to the BMQA/CMB who did nothing.

I also reported the shift in blood collection by Cedar Sinai, which no one paid any attention to in the early 80s. Cedar Sinai led the nation in the number of neonatal cases of AIDS, because of blood transfusions with tainted blood.. I had made the Chief of Staff aware of a strange disease that was showing up in the gay community. I treated the first AIDS patient at Cedar Sinai, though the disease had not yet been named, and I identified that this was a new disease. I attempted to establish a protocol. I was ridiculed, informed that I did not know what I was talking about. My recommendation to screen blood coming from the increased blood drives in West Hollywood was scoffed at and ignored

In 1983 I had access to the Cedar Sinai Pathology Department and reviewed the files in gynecology. I copied these records each night until I had a year's worth to review. I was shocked by the review. I found 80% of the uteri removed were NORMAL. I found 80% of the ovaries removed were normal. I began to see a pattern in the care being given women which was not based on medicine. I did not discuss this at the time because I was actually frightened by the data I had uncovered. I also found several bizarre cases such as a 20-week fetus found in a hysterectomy. I was very upset with what I found.

While all this was going on, I had written several academic papers and was establishing myself in research. I had helped the Department save a million dollar grant. This was with the Catholic Church and the World Health Organization. I had been on local media supporting Cedars and had also national exposure at that time.

List of Research:

First to culture mycoplasm from pelvic organs via laparoscopy

First to describe Red Uterine Syndrome

Several papers on Genetics in Gynecology and Obstetrics

First to write paper on Pre-Conception in Obstetrics

First to use and describe Intra Operative Ultrasound

First to describe Ultrasounds use in Ovarian Cancer as screening procedure

Described adenomyosis as a surgical disease

Described the work of Victor Bonney

Described the abuse of hysterectomy based on belief systems

First paper to describe genetic selective termination with ultrasound

Papers on the need for proper consent and disclosure

( I submitted many papers to the BMQA hearings my copies of all my academic papers have been stolen, burned )

I am enclosing an old copy of my resume, (Exhibit 3)

SENATOR WATSON, INFORMED CONSENT LAW, AND HYSTERECTOMIES

I had helped an assistant to Senator Watson avoid hysterectomy. I was then asked to look into a complaint that Sen. Watson had gotten. Women who had been patients at USC stated that they had never been told they were going to have hysterectomies. They went in for surgeries for other issues, and came out with no uterus. I found a law suit and traced it. I found a group of black women had filed suit. The attorney of record told me she could not get one gynecologist to testify against USC. She told me the USC attorneys threatened her career and papered her to the point she told the women she could not carry the case any more. Only one gynecologist would help these women and he was from NY. I flew out and interviewed him and got the full picture of what had been going on.

Women were told they had endometriosis, or a cyst that was t going to be removed. They were never told they were going to have a hysterectomy. The NY gynecologist told me no one in California would help. I saw the medical records and the uteri removed where normal. Later I saw a course at USC to teach gynecologists how to use a hysterscope. They had fresh healthy uteri on the teaching tables. I knew where these had come from. I began to see how the system used body parts for teaching. These were not donated cadaver uteri. These were fresh. USC was not the only center doing this. This is an on going practice.

I reported back to Senator Watson. She wanted numbers to substantiate my findings. I only had the statistics from Cedars that I had gotten on my own. I had been driven by the cases I had seen which made me sick. Dr. Lazarus, at Cedars, was constantly removing uteri on lesbians. He believed he made these women more male-like, and the women, he told me, really wanted to be men. This was madness. Dr. Lazarus only had contempt for gay women. This was what drove me into the pathology drawers.

I began to look for additional data. I called the AMA (American Medical Association) and the ACOG (American College of Gynecology). Neither had any data whatsoever. This is highly unusual. It indicated to me that the institutions wanted no one to know the numbers. If they had no numbers then no knowledge. I knew that the ACOG would not gather the data, even after my making them aware of the issues.

I then called the NIH (National Institute of Health). They referred me the NIHS National Institute for Health Statistics. This is part of the federal government. My call was answered by the on duty person Robert Pokras. It made rational sense to have these numbers. I worked many hours on this project. I did this without pay. I spent my own money to work on the project. Soon the numbers told the story of hysterectomy. The abuse of hysterectomy was enormous. The data showed how women lacked basic education about their bodies. The data showed that disease was not the reason for hysterectomy. Belief was the reason for hysterectomies.

The work with Pokras became more and more powerful and more attacked. After four years on this project the paper was reviewed by the NIH staff and published as a government document. We broke the paper up into parts and published several other papers

During these four years in my own work as a surgeon I had shifted. I began to view the female body as a whole, not parts. I began to see a new field could be developed around the body and to treat the whole body, not just in parts. This theory was in conflict with all that I had been taught and all that was taking place. I began to speak out in this manner. The difference between me and most other gynecologists was that I based my beliefs on data and science. Those that supported hysterectomy abuses based their concepts on accepted practice only. Myth vs. Fact had developed over the years of this work. I naively assumed that when presented with the science, physicians would want to change their practice to reflect the new knowledge.

What happened now was the response from the ACOG. I sent a copy of the paper to the NY Times, to Jane Brody. I later found that Dr. Wade had been assigned to call everywhere I was scheduled to talk, such as the Today Show. Jane Brody told me she called the ACOG and they referred her to talk with Dr. Wade. He told her I was thrown off Cedars Staff and was losing my medical licence. This was all before any charges had been filed against my license. Dr. Wade stated he represented the BMQA and the ACOG. He was not satisfied with fulfilling his threat to throw me out of Cedars. He was following through on ruining my career. He was using the State of California, one again, to do his personal bidding. And now he was using his position on the state agency and his position with ACOG to discredit me. My research had actually provided him with a new way to gather more and more allies in the effort to destroy me.

Jane told me she would never publish this data because she had heard it was all fabricated and I was a fanatic. I had been labeled by an agency of the State of California. Being discredited by a state is extremely difficult, if not impossible to overcome. This type of slander by BMQA/CMB has taken place many times over the years.

I submitted the work to JAMA and the New England Journal of Medicine. The paper was significant in looking at how a surgical practice developed. I spoke with T. Singletary and she stated she saw how important the paper was. She referred me to J. Lundgred. He told me he could never publish the material. He talked the President of the ACOG and they decided if it came out in JAMA it would create a national crisis. Many women would want to sue for malpractice. Also, the respect for gynecologists would suffer. I then spoke later to Singletary who told me about her operation. She explained she had a myomectomy but she was the only one that did on the ward. She was not typical and never told any of the woman on the ward she had been different.

I was able to get Gina Kolata to read the data. I also got the material to Rosenthal who was then working in the ER at Cornell. The paper was clean as an academic paper. It was being kept from the public with intent by the BMQA and ACOG. I began to be threatened. Dr. Lazarus (still at Cedars, and working closely with Dr. Wade) called me and said I better shut up and there was nothing new I could do in surgery. He said there was nothing new to invent.

Senator Watson now had asked me to begin to write law to protect women from hysterectomy abuse. I understood the numbers well, after four years of research. My office had been broken into, and these files had been stolen from Cedars and the government statistics.

The work on the Senator Watson mandate was simply to provide informed consent on hysterectomy. Women need to know downside and complications. Women were not being told all the issues. Society was having major economic and social problems from hysterectomy abuse. I saw my work as for social benefit specifically. Hysterectomy causes other problems which affect the patient and these occur silently. The issues are serious surrounding hysterectomy abuse.

1. 9 times increased rate of heart disease

2. 9 times increased rate of osteoporosis

3. loss of sexual function

There are many other issues also associated with hysterectomy that the public was unaware of: Increased depression

Increased rates of disability

Increased divorce rates

The cost to society from hysterectomy is enormous both financially and emotionally. I have only wanted to explain this so that it can be dealt with and decreased. The standard of belief is that hysterectomy is safe and has no negative impact on a woman s life. This standard is an accepted myth. The complications from hysterectomy cost more than 3 billion dollars a year to our society.

The law that I helped draft did nothing to point the finger at why this abuse had happened. The law was a simple informed consent law. I actually spent time making sure this law protected the physician. The law Ca SB 835 only tells women what their options are, what the different anaesthesia is available, and the costs. This was a simple law. It was not a law to punish. It was a law to protect. I did not expect to be attacked by CMB/BMQA, ACOG, and CMA for this very basic and non-accusatory law. Once again, I was proven wrong.

I began to lecture and work on these issues. As I did this, I was attacked by organized groups. Most often in Los Angeles. The attacks were organized by Dr. Wade and those on staff with him (Brooks, Lazarus). The attacks included actual threats I got on the phone and simply walking around. When I wrote papers and lectured I would be attacked. At this time these physicians were telling the press and media I was going to lose my medical licence and I had been thrown off staff at Cedars. A scenario was being created. I could not obtain records from the BMQA which showed their determination that I was dismissed from Cedars with no just cause, and that I had in fact been harassed there.

I then learned what the ACOG Hysterectomy Task Force actually was a group to attack my work and keep it from the public. I was contacted by national television to discuss my work. Each time a producer would work with me for weeks getting data. Then I would get a call telling me how they could not use me for the segment. That they called BMQA and were told I had murdered dozens of women and lost my medical license. Susan Taylor and others at the BMQA said these things with malicious intent. Then the BMQA would tell the producer to call the ACOG, or the other way around. The ACOG would tell the producer to call the BMQA. The end result was the ACOG would tell the producer they had a reputable woman physician to discuss the issues. The reputable woman would take over my segment and it would become another story that had been approved by the ACOG. All the issues I had brought up were gone.

This happened time after time. The Today show canceled me and my book NO MORE HYSTERECTOMIES as I stated, after Maclyn Wade called Emily Boxer who scheduled me, and threatened her that the ACOG would sue NBC if they had me on the air with my book. Same thing happened with 20/20. They did a special on my work and then substituted a male surgeon, saying to me no one would believe a woman surgeon, and on and on. This behavior went on from 1984-1996 by the ACOG and BMQA then in 1996, my license was revoked.

At this point I had been threatened and had difficulties getting privileges . Dr. Wade would call and block me where ever I went. I had Barry Schifferin tell me that he knew Dr .Wade had planned to seduce me from the first day of my residency. I was under enormous stress from all of this. I then was pregnant with my first child. I went to testify in Sacramento in support of the informed consent law.. I was physically shoved by Laurens White. Dr. White was the President of the CMA . He then went on KABC telling the public that I had funds in off shore banking and I was a billionaire. He made up what ever he wanted and it was printed about me. He physically pushed me, and with John Whitlow of the ACOG and an agent from BMQA told me if I did not stop working for CA SB835 he would see to it I had no career. I told Senator Watson and I was scared . I lobbied all day. The bill lost. Laurens White and his group came up and said to me that the money they paid legislators had paid off. He then said, "we will take your medical license so you are silenced in the future."

They left about 4 PM to celebrate their victory. I then continued to lobby. We had the female votes. The men had to pee so I went and stood in front of the men's bathroom and lobbied there. I caught ever one I could and tried to tell them think about the complications that can happen to the females in your family. I continued this for 45 minutes. Then one Senator called for a re vote. And the bill was passed. That is the real story.

The next day Laurens White called me and told me that my trick in the Senate would result in me being hurt in ways I could never imagine. He was right.

III. BMQA goes after my license - The 10 Year Saga 1986-1996

I had served charges for revocation of my medical licence just before the due date of my pregnancy, which was following the passage of SB 835, and the threat that I would lose my license and my career, made by representatives of ACOG, BMQA, and CMA. This was now in 1986. 13 patients were used to charge me. Many of these patients never agreed to be used, had no complaint, and actually sought to testify on my behalf. Five of the women whom I had treated, had all met with Dr. Lazarus and were told that Cedars would help them win hefty malpractice cases against me. They had been told that they had to stop me. Dr. Lazarus was reputed to have told these women that I had killed patients and he was sick of covering up for me. He later denied saying this. It is all in a long written document by Rama Haggerty in the court records. She explained how she was going to get wealthy on this case and make all the physicians at Cedars happy to revoke my medical licence.

The first important issue is that the bulk of my charges where done by one attorney who had planned to use the BMQA to win malpractice cases against me. He sued me in civil court at the same time as the BMQA filed against me. He represented all five cases.Haggerty/White/Gilbert/ Landew/Cohen. It was a well planned effort. He could use the findings of the BMQA to help win his cases, and the BMQA could site the several malpractice suits filed against me as reasonable cause to revoke my license.

Before I go to far into the kangaroo court you need to know all my cases were reviewed multiple times by multiple agencies in the course of the ten years that passed.

1/Beverly Hills Medical Center reviewed the charges in two committees. Each committee found my care to be within the standard and I had done no wrong. They then sent my cases to the Los Angeles County Medical Association

2/The LA Country Medical Association reviewed all the cases filed against Dr. Hufnagel and found her care to be within the standard of care

3/The United States Office of the Inspector General

The OIG took all my charges and reviewed them for one year. After that it was found the State of California had acted in a prejudicial manner and Dr. Hufnagel had only created new ways to help women surgically . The OIG then granted surgical privileges to Dr. Hufnagel to operate at any military hospital. Dr. Hufnagel went to Arizona and operated on a Major there and taught the surgeons there some of the FRS techniques.

4/Att.General Ricki Young Hawaii reviewed the charges against Dr. Hufnagel and found that many of the things she was found guilty of could not even be charged in the state of Hawaii. No one in the state of Hawaii had ever been charged with repairing a uterus or refusing to do a hysterectomy.

5/Dr. Arthur Johnson, Chief of Staff Cedars Sinai, a gynecologist reviewed and acted as expert to all these cases and found they were all with in the standard of care.

These reviews were submitted to the CMB who refused to take notice. While all this was going on Dr. Wade continued to have a position within the BMQA/CMB, even though he was dismissed from Cedar Sinai becasue of various infractions uncovered there. I hired a attorney who held out he was an expert in BMQA hearings. He failed to inform me he had a relationship with the BMQA .

During this I had reviewed a horrible malpractice case. A woman had had her uterus and vagina removed. The vagina had been made so small she could not have sex. Her ex-spouse had managed to get himself allowed in the operating room to assist the surgeon. Not her current spouse at the time, but her ex-spouse, after an acrimonious divorce. Dr. Wade was the expert to protect the ex- spouse. I reviewed the case for the woman. She won the case. Oprah called to have me on for this work I had done. Dr. Robert Gans told her producers I would not go on. He made it impossible for me. He did not want me publically telling what I knew about BMQA and this particular case.

The California Attorney General Anthony Merino was calling patients telling them they had to testify against me. He did this with at least two of the charged cases: Jolina Collins and Isabell Monk. I later found out the Laurens White had multiple positions with insurance carriers including UNION LABOR LIFE and Blue Cross. He had paid positions to review insurance claims. Mary Foto of Blue Cross got into my files and found they had all been tagged. Any case I did was refused payment and went to California Attorney General Tony Merino. This was done without the permission or knowledge of the patients. Rather than wait for someone to file a complaint against me, complainants were being recruited from insurance company records. I have no idea why Anthony Merino decided to play a role in this illegal activity. I don't know what was promised him by the physicians and organizations who were targeting me.

Regardless, from my investigations and from testimony and statements in court records, this is how this system worked. Dr. White as President of the CMA had prestige, position and power. The insurance industry paid him to review their files, as his position lent the appearance of respectibility. The insurance companies were happy to refuse me payment, and were pleased to be able to use the Attorney General of California as their excuse for not paying. This is how Collins and Monk cases got filed against me. The women themselves never filed charges, nor did they agree to allow charges to be filed on their behalf. I was never paid on Collins. Merino told the carriers of many of my cases that because I was in hearings they did not have to pay. This was what Jolina Collins told me she was told. My initial hearings went on for about 2 years.

HEARING NUMBER ONE (2 YEARS)

Judge Neher, the administrative law judge presiding over the hearings, refused my witness list. He refused to allow those that heard me being threatened. He refused to allow Jolina Collins and Isabell Monk to testify on my behalf. He reFused to allow me depositions . I never stipulated to the charges because they made no sense. Being charged with refusing to do a hysterectomy, especially when this never happened, made no sense to me. Merino was telephoning repeatedly Collins and Monk. He explained to them I had to be stopped. My work against hysterectomy abuse had to be stopped. He called many others whose charts had been flagged and given to him by the insurance carriers. I lost significant income from all my cases being held from processing by the insurance carrier. Jolina Collins and Isabell Monk are available to verify all of these statements of truth I have made

I was charged with billing fraud on many cases which had the same issue of codes and form of billing. On Isabell Monk I was charged with fraud because of a code used. Like everyone else then I used the AMA code book. There were several code errors that the editor failed to correct. I had a billing company I used with some 200 other physicians. I was part of this system . I had no means of modifying the program. The program was controlled by the company . I had no access at all. The code errors did exist . The book was provided as evidence showing these errors. This was not intentional and did not really impact my bills because the operative and pathology report were always submitted for the carrier to determine payment. This was my policy to allow the carrier to determine the payment. This was on every billing. I used global billing. The experts for the CMB stated on the record that global billing was illegal. This was not and remains not the case. Global billing is an accepted method. These experts, Drs. Parks and Mason intentionally made these comments on the record knowing they were not true. Judge Neher determined that Global billing was not accepted and a fraudulent act.

Isabell Monk wanted to testify to explain that all the things done in her operation had been listed and any errors where clerical or code errors by the AMA book. Actually if fraud had taken place then all the physicians on the system I was on should have had charges. The billers made minor clerical errors using the code books to determine what had been done in each case. But as I said though all the items were attempted to be listed an operative note and pathology report were submitted for the carrier to determine the payment.

Jolina Collin's case was not a problem during my hearings in the 80ls. My major case was the Rama Haggerty case . This was the focus of the Judges on my charges. I was charged with "refusing to perform a hysterectomy" on this case. Rama came to me asking NOT to have a hysterectomy. This was one of the five set up cases. Rama Haggerty also sued Larry King and was found to be a leader of a religious cult that had sex with men for a fee. None of her background was allowed by Judge Neher. She out and out lied and committed perjury throughout the BMQA hearings. She told Judge Neher she wanted a hysterectomy and I refused her one . She said I never removed her tumor . She was told I mever removed her fibroid, by Dr. Lazarus.

This was the central case against me. I was found guilty of refusing to do a hysterectomy. In reviewing this matter, the experts for the CMB found that Dr. Lazarus committed insurance fraud. This is noted in the files. Yet, no charges were filed. I filed a complaint with CMB because I found that Dr. Lazarus told Rama that I never removed her tumor. He stated later he never said this. However, he did claim he did a hysterectomy on her because he diagnosed a large fibroid. At the time of her hysterectomy she did not have a large fibroid tumor. She had a tiny, very tiny, fibroid. In his medical records he also lied, saying the uterus was 300 times normal size. This was an extreme lie. Dr. Lazarus had no indication whatsoever that I did not remove Rama's tumor. The operative report and pathology report showed I removed. Yet, he lied to her. He lied to the insurance carrier. All in an effort to create a false charge against me.

More bizarre was he broke the new law I had written. He did not give Rama all her options. He did perform an unnecessary hysterectomy. He knew that her bleeding was secondary to medication and never informed Rama of this. He lied about this as well. She had an atrophic endometrium that caused uterine bleeding. This would reverse in time or with medication. Dr. Lazarus knew this but instead told her she had a massive uterus. My complaints on these issues where never answered . This is an example of the CMB failing to enforce the law at all. Here they had a case well documented.

Meanwhile the Rama Haggerty civil case was heard by a jury in Santa Monica Superior Court Judge Harris. The trail ended in 12 to 0 verdict my favor. Evidence showed that Rama never wanted a hysterectomy and that I did remove her fibroid. In this hearing it became evident that Rama has intentionally lied in the BMQA hearings . Her husband testified to confirm she came to me to avoid a hysterectomy.

The perjury was presented to Judge Neher and to the CMB. No action was taken despite direct evidence of perjury by Rama Haggerty. All the civil cases in Santa Monica were then reviewed by the Judge Rothman. He reviewed all five cases and took the bench to say I had done no harm and the cases were all nuisance cases and were to be dismissed with settlements that reflected nuance amounts. This was made into a document that was submitted to Judge Neher and CMB.

Judge Neher, CMB and Judge Yaffee all refused to take judicial notice. By this there was direct undisputable evidence that I did not refuse to do a hysterectomy. This was a jury trail in the Superior Court. All the other cases where removed. Again Judge Neher, CMB and Judge Yaffee refused to take Judicial notice on these other four cases. This was a denial of the findings in the Superior Court.

Judge Neher, after the initial hearings, found me guilty of things I had not ever been charged with. He failed to identify the evidence as to my guilt on any of the charges. Judge Neher, however, after two years gave me probation because I had done no harm. This was the outcome of my hearings.

The initial hearings were 2 years, but for ten years this went on. I had negative press and media. I had no further charges ever filed. I had continued to practice and never had any additional complaints lodged by the BMQA/CMB.

I have included the findings of Judge Neher (Exhibit 4)

CMB REJECTS JUDGES ORDER, AND REVOKES MY LICENSE

The CMB refused to take accept Judge Neher's findings. I received my notice of revocation by the CMB in the mail. I checked this because I was awaiting the transcripts being completed on my hearing. The court clerk called me and informed me the transcript were not completed . He informed me they had not been ordered by the CMB. My letter was dated before the transcripts were even completed. I called the CMB hearing officer and she told me they had not met. She had been instructed to send and sign the letter. The CMB had revoked me without evidence files, and without a transcripts, and without meeting to discuss the evidence files and transcripts

Exhibit 5 - Letter from CMB revoking license

APPEAL - REVERSE REVOCATION. SUSPEND LICENSE UNTIL NEW EVIDENCE

I appealed the decision of the CMB to act in opposition to the decision of the administrative law Judge Neher and revoked my license. In the CA Superior Court Judge Yaffee reviewed my entire case . He found that I did no harm or wrong in any of the cases with the exception of Rama Haggerty . He stated he was not able to determine if I had refused to do a hysterectomy. By this time, it is 1991, and the cases charged against me had occured in the mid 80s.. He said the CMB they had had years to find legitimate a crime and they had not. He said that my license would not be rvoked, but placed on suspension. In order to get the revocation, they had to bring new evidence to him. No new evidence was EVER submitted by the CMB. This was brought out in my subsequent hearings by attorney Frank Fresinda.

This entire matter was appealed to the appellate level, and remanded back to judge Yafee, with the instruction that he review the civil cases, all five of which were found in my favor.

APPEAL AFTER REMAND - SAME JUDGE, NO NEW EVIDENCE, LICENSE REVOKED!

When I appeared in front of Judge Yaffee, again, in 1996, I saw all the files of the civil cases, stacked about, still sealed and taped. It was obvious that the transcripts had not been reviewed by Judge Yaffee, as had been ordered by the appellate court. Judge Yaffee had previously reviewed my case, back in 1991, and said the only possible harm I had done was that I MAY have refused Rama a hysterectomy. Now, in 1996, he made no mention of this and the other cases against me that he had found to be without merit. No new charges had been made, no new evidence submitted against me, still, these same cases from the mid 80s. Now he had wrote on my revocation document he had reviewed all the files. He had to cross this out. On questioning Judge Yaffee stated he only reviewed the first transcripts of the experts called to testify against me: Parks and Mason. He admitted that he only read their initial testimony, nothing of their cross-examination. Judge Yaffee had been instructed by the appellate court, as part of the remand, to review the cases which he had refused to take judicial notice.. Now, he admitted to only reviwing two small sections. He had to cross out his a portion of his order.. This was the first time I have ever seen a Judge do such a thing. It is in the record. I was revoked without a full review as ordered by the Appeals Court.

Order of Judge Yaffee, revoking license (Exhibit 6)

The final cases for which I was revoked were ones that previously had been found not actionable. Only the Rama Haggerty issue was in question. Now I was found guilty of repairing a uterine perforation. Dr Parks and Dr. Mason testified that you did not repair uterine perforations. This is beyond bizarre.

Marsha Carter had a large uterine perforation which I repaired. The perforation was created by Paula Bernstein. Paula sent many letters to BMQA which I have never seen . I have under the freedom of information act ordered. CMB has never responded and never sent my files to me. Paula Bernstein testified at the hearing. She testified to the fact that she put her surgical instruments 10 cm through a 7 cm uterus. She told Marsha Carter she had a dead fetus and need a dilation and curettage. She took her to surgery and spent a long time operating and never removed any fetus. This was because the uterus had been perforated. Bernstein did not tell the patient and sent her home. Carter then went into labor and passed a macerated fetus. Carter was very, very upset over this. When I examined her the cervix had been partialyl pulled off. On ultrasound I could see the injury to the uterus. I had another surgeon witness what was found which was a large perforation. After repairing Carter she was able to conceive and have a healthy infant. This was all presented. There is no standard of care that a perforation is not to be repaired.

The next case noted was Jolina Collins. It was obvious that Judge Yaffee had not read the transcripts. He would have seen that Jolina had refused to release her records to Attorny General Merino, and had complained to the BMQA about his repeated hounding her to testify against me. I had helped Jolina. She was in severe pain before the operation. She was improved by the operation I did. She had no complications and did well. I was charged with putting Jolina at risk. That was the charge. However the risk was never stated.

This was a case where there was clearance for two procedures one on one day the next day another. However she did not have to be intubed with general anesthesia, which is itself a procedure which traumatizes the body. She was numbed, but not unconscious. The laser broke down and was not repaired till the next day. She was opened, then closed, and reopened the next day, never being subjected to anaesthesia. In surgery we do biopsy one day and the next day the major procedure. This is a standard practice accepted. Also Jolina was cleared by all her physicians for these procedures. All of this was in the record. Judge Neher failed to understand this and Judge Yaffee failed to even look at the transcripts. Judge Yaffee only read the experts against me and never understood the case at all. I have no idea what risk I supposedly exposed her to, because no one ever named a risk. This patient did well and went home. No complications. She was not allowed to testify in support of the care she had gotten. Due process was not taking place.

The last case referred to in my revocation was Sherwood. This was focused on over diagnostic use . This woman had a uterine mass and I ordered a cat scan. At the time I did this this was the standard of care. The experts lied about this to attack me. Today you watch television and see you can have a full body scan simply because you want one. Yet, I had my medical licence revoked for ordering a scan which helped in the diagnosis of this woman's mass. She had adenomyoma that was removed. She elected to have a hysterectomy. This was an issue of choice. At the time she saw me she did not want a hysterectomy. I offered an option. She elected to later have a hysterectomy and did. This is not a reason for revocation. Some of the problems she had were in the abdominal wall and not the uterus.

The end result was that my license was revoked. I had not harmed any patients in the mid 80s. Two judges found this to be the case. The CMB persisted, and finally, a judge reversed his own decision to rubber stamp the presentation of the CMB, with NO new evidence against me.

No one can have this much bad luck. This is not an issue of one random event after another taking place. Judge Yaffee went on the record in 1991 that I had caused no harm and did nothing that warranted my licence being removed. He said perhaps I refused Rama Haggerty a hysterectomy.

The Superior Court proves I did not refuse a hysterectomy on Rama Haggerty.1991 Now, Yaffee lies about what he reviewed in my case. This is a Superior Court Judge he does not forget to read a case. Now, he changes everything and I am revoked. 1996 What happened between 1991- 96, he did not review any of the case. I went into the hall were all my files had been brought up . They were all sealed and dated. He , Yaffee never had opened since they were sealed. My attorney saw this as well. It was frightening to see this all happening.

Forget the Appeal process. During my hearings, the legislature changed the laws. I threw my last money I had into an Appeal, only to find out my council did not even know the right to appeal had been revoked as well. How can this be? Does the Senate even know about this?

The public does not know anything about this. Medicine is the only profession in which the right to appeal does not exist.

IV. BMQA gets revamped into CMB, my license is gone, but the harassment continues 1996-2002

I testified before the Grace commission hearings. Several of the staff of the BMQA were fired. many of the issues I brought up about abuses were echoed by others. Supposedly, a clean-up occurred. But I still was no reinstated. I received no restitution for the damages caused to me by the BMQA

The "new" CMB has continued to attack me repeatedly without cause. Dr. Wade has passed away, new people are on staff, but the same old routine continues.

After I lost my medical license and employee of CMB, Doug Williams, tried to get a women in the desert area to file a complaint against me. I had not treated her. He tried to twist her words to get her to say I had treated her. She called me and told me that Doug Williams had come to her home and tried to pressure her into lies and signing a complaint against me. She was actually trying to file a complaint against Dr. Del Junco, which Doug Williams refused to take.

I have been sent CMB letters informing me that I was practicing medicine because I was writing on the web. I then stated I would link the CMB to my web sites so my status of no California medical license would be made public.

I periodically receive harassing phone calls telling me I am being investigated by the CMB, and they try to interrogate me.

The CMB does not stop. My web sites were attacked. I had to go into the City Attorneys Office (Parham) because in 1998 the CMB told the DA that I was using MD on the web site.

I had already posted a full disclosure telling everyone I lost my California Medical License . This man told me he had been pressured by the CMB to bring charges against me. These charges were from Doug Williams. He filed charges even after the pharmacy stated I did not prescribe anything and after the patient told him I never prescribed anything to her.

Exhibit 6 - Letter from LA County District Attorney

Then the recent raid, for no reason but to harass me. There is no justification. Who is in control of this? I have been unfairly discredited and continually humiliated and harassed by the State of California. I request that the State of California reverse this action. I request that my medical license be reinstated by the State of California.

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