[Fwd: Very Poor Journalism]

March 14, 2009

fyi

I SUGGEST EVERYONE SEND IN A LETTER TO NYTIMES

--- Very Poor Journalism

Date: Fri, 13 Mar 2009 08:42:58 -0700

From: Ed Nemeth <EdNemeth@...>

public@..., Freels <dfreels@...>, " KP

Stoller, MD " <hbotnm@...>, Pierre Marois

<pierremaroismd@...>, rossignolmd@...,

sac-autism-biomed , Willian Duncan

<wduncan@...>, medicaid

Dear Mr Hoyt,

I am addressing a recent highly flawed article. First who am I? I am

the Founder of the CHERISH Foundation, and organization that support

brain injured children with Cerebral Palsy, Autism Seizures, near

drowning, and more.

CHERISH provides :

1 medical grants for Hyperbaric Oxygen Therapies (HBOT) for these kids

2 has an HBOT CME Physician education program with the Albert

Einstein College of Medicine

(but, have not had the funds to complete)

3 Conducts Medical Research on HBOT for pediatric brain injuries.

/Currently, we are finishing a study on HBOT for autism with preliminary

results that appear outstanding./

The recent article is:

http://www.nytimes.com/2009/03/10/health/10brody.html?_r=1 & ref=science

Oxygen Therapy Is Valuable, Sometimes

The Journalistic mistakes are obvious and highly injurious. I will

address them with facts.

At issue we start with Dr. Graffeo's statement, / " the same time,

hyperbaric oxygen therapy has joined the ranks of unproven remedies for

many conditions, especially incurable ones like cerebral palsy

<http://health.nytimes.com/health/guides/disease/cerebral-palsy/overview.html?in\

line=nyt-classifier>

and autism

<http://health.nytimes.com/health/guides/disease/autism/overview.html?inline=nyt\

-classifier>. " /

" /Simply, this is like saying that Michale Phelps can't swim very well

compared to other swimmers. " /

Not only is the statement beyond being obviously wrong, it is so proven

wrong that it is beyond ludicrous. Only an insane, idiotic, or totally

corrupt person can make such a statement. This extra-ordinary error /

fraud must be corrected. The level of injury and suffering incurred by

this error is beyond anything you can measure in your lifetime.

First, every Professional Medical Society mandates that Physicians only

present themselves as Experts and provide public Opinions in areas where

they:

1) training, certification or demonstrated competence in that area

(in this case HBOT)

2) specific knowledge of the subject matter of the that area (in

this case treat children with autism and CP)

3) practice 80 hours/month in the specialty appropriate to the Case

subject matter (HBOT for CP and autism), for the past three (3) years.

S. Graffeo has HBOT for wound care experience, for example, but

does not treat children. He has no basis to discuss the care and

results kids obtain with HBOT. It is akin to asking a Diesel Truck

Mechanic to fix your broken VW Jetta. The guys knows engines, but

doesn't know your Jetta. Or, like a foot surgeon commenting on brain

surgery. He cannot, and it is illegal to do so.

There are many expert physicians in this areas who do merit these

requirements and can readily comment Expertly (in the eyes of the law)

and knowledgeably (essential for good journalism). For example, another

double blinded HBOT study is being published as we speak by serial HBOT

for autism researcher Dr Rossignol. Why was he not asked what

HBOT does for children with autism? No one would accept Dr Rossignol's

opinions on HBOT for wound care, why do the converse and accept a wound

care physician's opinion on autism? The foot is no where near the brain

and their physiologies are competely different.

In short, if Dr. graffeo were to testify in a court of law on HBOT for

autism, he WOULD LOOSE his license to practice medicine. No small matter

of opinion by the legal system.

Second, HBOT for CP, for example is one of the most studied and proven

treatments for CP! And, it is by far is the most successful treatment

for these kids. In fact, according to Dr Pierre Marois, the leading CP

Specialist for the Quebec Province * HBOT is the most successful, and

the safest treatment that is provided to children with CP. He also

factually presented that HBOT for CP is the most studied CP treatment

with the only possible exception of Baclephen Pumps /(which research

occurred years after it was accepted and reimbursed for CP kids, and

which has 25% the efficacy and application of HBOT for CP!)/.

HBOT is better studied and has better results than ALL other surgeries

and ALL other therapies. HBOT is better studied and offers better

results than ALL anti-seizure drugs.** HBOT is better studied and

offers better results than ALL drug therapies.

*/This is not a minor point in demostrating the level of ignorance of

Dr. Graffeo./*

/* Canada's medical system requires most children with CP go through Dr

Marois, then he refers them to any care/therapy they require. Dr Marois

has innovated a number of CP treatments and surgeries that are now _the

standard of care for all of NORTH AMERICA_. Dr. Marois has published a

series of double blinded, multi-center studies on HBOT for CP all with

clear and extra ordinary results that have blind children gaining sight,

speech, walking for the first time, and gret cognitive improvements.

All very objective and highly measured.

** No anti-seizure drug is approved for pediatric seizures, with the

possible exception of Deprekote Sprinkles which is an edible

anti-seazure drug. But, it also might not be FDA approved for

pediatrics as well. Regardless, no other anti-seizure drug has been

tested on children. But, all are resimbursed and considered the

standard of care.

/*At issue is that Dr/ /Graffeo is quoting the studies that Dr's

Rossignol and Marois completed and published in peer reviewed journals!

Why not get the real information from the guys who are the true

experts! A good journalist will get the correct information from the

correct people.

*

Also, the CHERISH Foundation is just completing its last patient in its

own Pilot Study using HBOT for kids with Autism with the world re-known

MIND Institute, at the UC Medical School - a highly conservative

and respected medical institution. While the results are preliminary,

they demonstrate very clear objective biological improvements in the

children who are all highly classified prior to this study. Because all

children were first evaluated and classified in the previous CHARGE

Studfy, the results that will be published here will be highly objective

with biological measures not before seen in any pediatric study. The

most objective found in any treatment studies on brain injured children.

Further Dr Rossignol's most recently accepted HBOT for autism research

paper is now accepted for publication. This study is a randomized,

controlled, double-blind multicenter trial, and shows extra-ordinary

results for kids with autism who are treated with HBOT. I do not know

of another study on autism that acheives that level of reseach quality.

http://www.sciencedaily.com/releases/2009/03/090312205226.htm

/ (I have and have read the pre-publication article, but I don't

think I can share it)/

How is it we can say that HBOT is the most studied drug for kids with

CP, for example? Because there are few studies ever conducted on brain

injured kids! 85% of all drugs and therapies have NEVER been tested on

Brain Injured children! This is because it is _*illegal *_to conduct

investagatory studies in brain injured children! In order to do so, the

therapy has to be proven _*extra ordinarily safe*_, and _*proven beyond

a doubt to give improvements*_ to the children. That is, the research

has to be fairly _*pre-proven to succeed*_ before a study can be done on

brain injured children! Few drugs are safe, and most are unproven for

kids. They are adapted and prescribed off-label to brain injured children.

HBOT is one of the most studied drugs in the world, except for aspirin.

And, HBOT is one of the safest of all prescription drugs. For example,

in recent years 16,000 patients a year die from Ibuprofin. But, no one

in 75 years have died in the US from HBOT. Which drug would you feel

safer with? (sic / " Furthermore, the therapy is not without risks, though

most are mild and usually short-lived and there has been no documented

fatality in more than 75 years of use in North America. " )/

Finally, the journalist addressed the UHMS, an inpatient hospital based

hyperbaric association...on outpatient treatments. There are two flaws

with this approach. First, UHMS is only interested in hospital based

HBOT care for acute conditions where they charge hospital clinics

$20,000 for certification, and those clinic charge $1,500 or more for a

single standard HBOT session.

THe IHMS (international Hyperbaric Medical Society) contrarily, is a

Free Standing HBOT Clinic organization, and supports low cost out

patient care for chronic injured patients. Most of these clinics

charge, for example, $125-200 per HBOT session, and charge nothing for

Certifications. Like every gum shoe detective will tell you... follow

the money if you want to solve a crime.

The difference is, would you, right now, if required, be going to

dialysis in a hospital three days a week, or an outpatient clinic? We

both know that you an di woudl go to an outpatient clinic and avoid the

hosptial for many reasons. That makes a significant difference in the

perspective the " expert " gives.

Further, a major flaw is that the Journalist claims that the UHMS

dictates what HBOT applications are reimbursed. IT DOES NOT!

First, HBOT is an FDA approved drug for / " anything a physican

prescribes/ " , unlike most other drugs.

Second, Medicare and Insurance companies determine what HBOT

applications are reimbursed. For example, Medicare reimburses HBOT for

diabetic Foot Wounds, but, you cannot find that on the UHMS list. Are

we to suppose that Medicare and every Insurance company in the nation

are all wrong? To add insult to injury, Dr Graffeo presents HBOT as an

essential treatment for Diabetic Foot Wounds! *** HBOT resolves 75% of

all foot wounds that would otherwise require amputation! thus, Dr

Graffeo's Medical Practice is a complete FRAUD and SCAM when evalutated

according to his own definitions!

Why is this fully reimbursed HBOT applications not accepted by the UHMS?

Possibly because Diabetic Foot Wounds was approved by Medicare for

reimrbursement through the efforts of the IHMA and not the UHMS!

Dr Graffeo also explicitly details how HBOT works for foot wounds and

radiation necrosis, which is essentially the same mechanism that HBOT

uses to help brain injuries! HBOT reverses tissue ischemia! / " patients,

for example, who can develop oxygen-deficient wounds that do not heal

well. " /That is the definition of a brain injury. An oxygen deficint

non-healing wound!

Thus, this article is highly flawed and incredibly injurious to kids and

families are already extremely challenged. If you do not have a brain

injured child, (I hope your kids are all very healthy, and you know

little of these issues!) then you truly cannot understand the incredible

challenges in caring for a brain injured child! It is very hard, and

the challenges are daily and myriad! Every otherwise nominal issue in

the world is challenged, whether helping your child weather a cold, or

getting them to school, or the daily battles with insurance companies or

Medicaid over the legally mandated or contracted care, that they refuse

to pay for.

The truth is, in regards to this last problem, is this actually rises to

the level of Crimes against Humanity. No small issue.

For example, every single Federal District Court in the US has ruled

identically hundreds of times for brain injured children that Medicaid;s

Paragraph 5 EPSDT Provisions must be adhered to uniformly. Yet, every

parent in the country has to fight for their EPSDT rights and usually

and legally raped by their states through willful conspired fraud until

they get to the Federal District Court level. For example, Jimmy Freels

has successfully sued Georgia for HBOT since 2001, winning numerous

Federal District Court cases. Georgia however, rather than providing

care, immediately changes its own rules requiring little Jimmy to sue

once again. I have lost count of the number of Federal District Court

cases Jimmy has won in the past 7 years. But, this is the reality for

kids who are fighting to walk or for their lives. Why do they have to

fight these incredible legal battles as well in order to receive their

Federal Medical Rights?

Yet, the Paragraph 5, EPSDT Federal Medicaid Regulations were

specifically and explicitly designed to get supportive treatments to

brain injured children as quickly as possible because of the far

reaching implications of early interventions.

Further, I Sponsored AB 2763 in 2002 here in California in order to get

California to obey the EPSDT provisions. Of course, that bill was bured

by incredible and unique bureacratic efforts by the then Democratic

Governor and the Assembly Health Care Committee (headed by Dem. Helen

) here. Is it really asking too much for a state to obey

explicit mandated Federal Regulations?

I also know these issues personally because I recently sued California

under the Lanterman Act whereby my daughter was legally raped by the

State and by the Administrative Court with horrendous fraud (which I

have the paper documentation for). California spent over $70,000 and

committed wilfull premeditated conspired fraud in order to prevent my

daughter from gaining $1,900 of medical services that was prescribed by

her Two Board Certified Neurologists and mandated under the Lanterman Act.

These are the issues we parents deal with daily.

Hence this article must be corrected because I believe the backlash by

parents will be severe and unforgiving. Remember, 1 in 200 children

have CP, and 1 in 150 have autism. These are huge life-long numbers and

they live suffer and die with these conditions daily.

I hope you receive this letter in the spriit of truth and fairness that

it is written.

I look forward to your comments, and the NYTimes public corrections of

these factual errors.

Blessings,

Ed Nemeth

--

J. Nemeth, Founder

CHERISH Foundation

1955 36th Street

Sacramento, CA 95816

916-856-7050 x339

916-856-7040 Fax

www.CHERISHfoundation.org

--

J. Nemeth, President, CEO

1955 36th Street

Sacramento, CA 95816

916-856-7044 x339

916-856-7040 Fax

www.SpectrumEvents.com

March 14, 2009

-

Hello Ed,

I just sent my letter.

Lois Bowen-Tucson

-- In medicaid , Ed Nemeth <nemeth@...> wrote:

>

> fyi

>

> I SUGGEST EVERYONE SEND IN A LETTER TO NYTIMES

>

March 14, 2009

Hello everyone i am typing up a letter to new york times about this pathetic

article also, and i noticed the same person< jane brody> who journaled this

article also wrote another one about austim and even included hyperbaric chamber

also, here is the link

http://www.nytimes.com/2009/01/20/health/20brod.html?pagewanted=2 & _r=1

stephanividrine

________________________________

From: Ed Nemeth <nemeth@...>

medicaid

Sent: Saturday, March 14, 2009 12:29:23 PM

Subject: [ ] [Fwd: Very Poor Journalism]

fyi

I SUGGEST EVERYONE SEND IN A LETTER TO NYTIMES

--- Very Poor Journalism

Date: Fri, 13 Mar 2009 08:42:58 -0700

From: Ed Nemeth <EdNemeth@CHERISHFou ndation.org>

publicnytimes (DOT) com, Freels <dfreelsmindspring (DOT) com>, " KP

Stoller, MD " <hbotnmnetzero (DOT) net>, Pierre Marois

<pierremaroismd@ hotmail.com>, rossignolmd@ gmail.com,

sac-autism-biomed, Willian Duncan

<wduncan@dc-strategy .com>, medicaid