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Court dismisses lawsuit by XMRV-CFS researcher

Discussion in 'General ME/CFS News' started by Kati, Feb 16, 2016.

  1. Kati

    Kati Patient in training


    [​IMG]A California court has dismissed virologist Judy Mikovits’s lawsuit against fourteen people and two Nevada corporations, in part because she failed to submit necessary documents on time.

    Mikovits is the author on a now-retracted Science paper suggesting a link between a virus known as XMRV and chronic fatigue syndrome, which has no known cause. She alleged that she was fired from the Whittemore-Peterson Institute for blowing the whistle on her former colleague’s activities, and that the defendants then colluded to imprison and defame her.

    The court dismissed her case last Wednesday. According to the court minutes,

    perhaps because of the convoluted nature of the alleged conspiracy, Plaintiff has failed to articulate a short and plain statement of her claim, establish jurisdiction over out-of-state defendants, or comply with the Court’s orders despite several opportunities to do so.

    Further, Mikovits submitted her opposition to the defendants’ motion to dismiss too late:

    In her untimely opposition, Plaintiff essentially concedes that there is no present basis for personal jurisdiction over the remaining defendants and requests that the Court forestall the present motions to allow discovery…

    Read more at Retraction Watch on the link above.
    Valentijn, barbc56 and Esther12 like this.
  2. Research 1st

    Research 1st Severe ME, POTS & MCAS.

    This looks like the oldest trick in the book, ''out of time'', or getting out of something on a technicality, that in other circumstances and with other clients, would be accounted for in a reasonable compromise. Having already jailed her for a 'crime' she never committed (unreasonable) it was hardly going to be likely, they would (in the future) act reasonably!

    Legal adjudicators do this worldwide-for anything politically sensitive, where the state may be embarrassed over an undesirable outcome, such as making sure a parties interests need to be defended by the state, by not allowing 'it' to be discussed, to allow the 'bad guy' to win...or woman. (Generally women are hated by the old boy network who want to cling onto the power, and detest what they see as subversives).

    In other-words, where someone is protesting, complaining, or seeking legal redress for something they feel is most 'unfair', and this needs to be silenced, then it is silenced, easily and the annoyance is swept away. Usually by staling for time themselves, or claiming the other party didn't do something 'in time'. The outcome is this usually dissuades people to give up, as the whole process needs to start over again (which may take years).

    What else could they have done in the circumstances though? Justice is not possible in a corrupt world, where money and the flow of money is carefully controlled. In that respect, Dr Mikovits will never learn, she simply cannot beat the state's level of total power, one that is aware if you openly validate subsets of CFS (arguably ME/Chronic Lyme) as associated to exogenous retroviruses in society, then you validate their subsequent HERV autoimmune diseases (of which ME/Chronic Lyme is just one of) and then the slippery slope starts researching fatal diseases and finds them too, such as ALS. And then everyone is demanding compensation, not just for CFS, but for maybe tens of other conditions, which would require around the clock medical and nursing care.

    In simple terms it would be logical that we can theorise quite legitimately, that Exogeneous retroviral contamination of vaccines and blood transfusions (from the mid 1950's onwards) may potentially switch on previously 'asleep' Endogenous retroviruses, making them pathogenic. No government can admit to that idea, largely, as millions would have already died from cancer because of this, if this was true, it would make the vaccine manufacturers guilty of accidental global genocide. So little old 'CFS' ain't going to get a look in, and neither is Dr Mikovits and her annoying (to the state) ideas that other doctors then found out was in their European patients also, meaning it wasn't an 'idea' of Dr Mikovits, but a reality.

    Perhaps that's why one of these vaccine makers once stated in the UK MRC archives, their dream was to destroy ME legitimacy and promote CFS as treatable non single cause, non neurological illness. They also admit that people developed incurable chronic fatigue, after a vaccine trial. (Triggered ME). By complete chance, the MRC then subsequently funds the PACE trial to destroy ME legitimacy (using the press) harming not only UK sufferers of ME CFS, but patients globally around the world, who are then also deemed to be 'functionally' ill' from 'fear' of exercise.

    For me, it's all about the money and that's why 'CFS' research is very badly funded, because with no money, you can never get anywhere , and with poor diagnostic criteria, the core disease is watered down and hidden, especially if the most sick patients cannot be tested for their disease, at a research level. Anyone but the patient, benefits from that. A strange antithesis of medical ethics.

    We can see from Mikovits's isolation, (no pun intended) the government's decision is final over retroviral association to CFS (or any other disease) and that is all that will happen, silence. We should not forget that AIDS victims were dying and no one did anything, had it no been for incredible activism, some of it direct.

    It appears as we watch this all unfold in real time (the global tragedy that is 'CFS'), people in power, don't care about the little (deemed irritating) people (be they patients or controversial scientists), ultimately, and if they have the power to jail someone for stealing their own work, they certainly have the power to claim, 'woops, you ran out of time dear'.
    TreePerson, xrayspex, leela and 3 others like this.
  3. Ecoclimber

    Ecoclimber Senior Member

    I knew it wouldn't take long before another round of conspiratorial excuses would rise from the ash heap of Mikovit's accusations. The Court demanded facts.

    The bottom line is the continual ploy by Mikovits to play the part of the 'victim' conjuring up more conspiracy theories.
    Fact of the matter, Mikovits had sufficient time for discovery and should have known the difficult jurisdictional issues concerning her case at the time of filing. There is also the admonishment by the court concerning facts: "court advised Mikovits to revise the complaint to comply with a rule that says complaints must be factual, plausible, and concise." Something that escapes Mikovits for some reason when making spurious allegations of the facts ref. Science retraction.

    This is prime example of jerking the judicial system for continual non-compliance at the last moment thus continuing the conspiracy angle of her claims

    More books should be expected in the offering.
    panckage, Riley, bertiedog and 5 others like this.
  4. barbc56

    barbc56 Senior Member

    I'm not surprised at the court's decision but I no idea of all the behind the scenes information. There's a reason for deadlines. The court will usually take extreme circumstances under consideration and if warranted, grant the delay. This is not the first time she's done this.

    It could just as easily be said that she is using this tactic to wear down her opponents as it is to say there's a conspiracy. I think the situation is a bit more complicated than the extremes of either of these statements.
    Skippa likes this.
  5. Valentijn

    Valentijn Senior Member

    It's not a "trick", and there is never compromise. If someone exceeds the statute of limitations in filing their case, it is dismissed. That is the law, and it is always applied in exactly the same manner.
    When someone works for someone else, in a research or other capacity where they produce some sort of product (tangible or not), the employer owns the things which the employee has produced. The employer pays the employee to produce these things, so it's a pretty reasonable arrangement. If the employee does not want their employer to own what the employer is paying for, the employee should not work for them in the first place.

    Even though Dr Mikovitz presumably largely or entirely created the contents of what she took, it remains that it was the indisputable property of the employer. She was jailed for stealing from her employer, after she refused to return the stolen property. Again, this is typical, when someone steals something, gets caught, and initially refuses to return the stolen property.
    halcyon and barbc56 like this.
  6. panckage

    panckage Senior Member

    Vancouver, BC
    Good riddance!
  7. xrayspex

    xrayspex Senior Member

    truth is we can not know for sure what the whole story is...............

    worldbackwards likes this.
  8. Countrygirl

    Countrygirl Senior Member

    .....................and yet a number of patients who tested positive to the gamma retroviruses in 2010 (not XMRV, of course, as that was Silverman's contamination) are now improving on antiretrovirals with one I know now 95% well. Without Dr Mikovits' research and that of Low et al as well as a few others who did not publish they would not have regained much of their health.

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