Seeking an Injunction against HHS and IOM to detemine ME/CFS criteria

[Izola]

Izola, are/were you proficient in the dark arts (law)?

JR: I was coming into my own when this curse over came me. At analytical abilities, pretty great. At out of the box thinking, then, never realized there was one. Back then, you were given a lot of abuse just by being a woman. So surviving was a great part. Going to court scared the piss out of me, but I did anyway. Think I'm somewhere on the autistic spectrum & apposing others often underestimated me to their chagrin.

Had high level attorneys consulted with me. I did the same, back. That lead to a few "you can't do its' But I did, and therefore performed some minor miracles.

Made the mistake of filing a sex discrimination greivance against a guy who was being groomed for a govenrorship. Was that ever a pile of turds. He slayed my reputation.

Went into prosecuting, briefly after this thing hit me between the the eyes--an encephalitis. With half my brain missing I came into the office one morning to find that three of the guys in a major case had been up all night trying to find a case that would un-dead end them. I grabbed my coffee and ran back to my office. I knew a case directly on point but could only remember the approx date and part of the cite. The case was not one I'd ever used, but only read kind of while daydreaming in the law library on another case a few years earlier. So, I phoned up one of my a-sectrum friends at the AG's and asked him If he knew of it. Together we found it and I brought copies to the other prosecutors. They were stunned. Seems that West Law had mis-blurbed it into things unrelated. That was my last defining act. With half a brain--much worse than now I then became an ALG at a low level. Then my body crashed. The End ps. Sorry about hogging the page. Still learning how this stuff works.

 

[Izola]

JR: Are you sleeping, after I spilled my guts all over the forum?

Lawyers' names: Janet Napolitano--Now head of California Universities. Don't know whether its titular or not nor whether she can practice on the side. She took the side of ALJ.s, mostly, if not all, women, against administration's overt attemps to interfere with our rulings. Made them stop. No fee, if I recall right.

Terrence Pierson Goddard III-- Mostly known as Terry

Bill Clinton: Aim high so you don't shoot low

www.NLG.org: Represented Occupiers' to brought TRO's against governmental preemptive removal of occupiers.

 

[Izola]

Not saying this litigation isn't worth it, I don't have enough info or expertise to make that call.

You may know that I am a fan of lobbying congress for ME. personally, I would prefer to go down that road. Litigation is or should be generally a last resort, though sometimes necessary. I would prefer to see the money that it would take to litigate go to a start of a lobbying fund so we can build up some ongoing political capital in congress. Find a member of congress or two who, after being educated, agree with our position and convey it to HHS. Much thanks to Bob Miller for starting up this type of work, which we can build on.

A problem with the litigation approach here is that courts like to award damages when appropriate, not order an entity to do or not do something because of what's called informal noncompliance. HHS has more money than us so it can better afford to weather a lawsuit. Say they are enjoined to break the contract, then HHS will just find some other way to get back at us that will be difficult or impossible to litigate.

On the other hand, if we keep mounting pressure from congress, it will be harder for HHS to be informally noncompliant.

 

[Izola]

Just bringing up options. One is a Temporary Restraining to make their crap stop, do it right and focus some attention on our problem. No damage awards. I'm not into interneccine warfare. I just brainstorm, when appropriate. They are never going to like us.

Maybe we can get our own talking heads show and out Fox them.

 

[Ecoclimber]

Just bringing up options. One is a Temporary Restraining to make their crap stop, do it right and focus some attention on our problem. No damage awards. I'm not into interneccine warfare. I just brainstorm, when appropriate. They are never going to like us.

Maybe we can get our own talking heads show and out Fox them.

Good thoughts. However, Gulf War Veterans, GWV, had considerable Congressional oversight and support including the formation.of the RAC, Research Advisory Committee, which was slated for scientific research. The executive branch ignored not only the public mandate but considerable Congressional backing as well. They were willing to take the hit in ratings on this. Follow the money trail. This policy directive comes down through the executive branch of government through many administrations. Your experience with the governor is just a small taste of backhanded politics.

ME/CFS patient community has already tried the Congressional route. We have Harry Reid,Senate Majority leader, among others on the side of the patient community. If the executive branch tendered just little regard for the enormous backing behind the GWV, than the ME/CFS patient community stands in equal peril.

Now, we have the actions of Dr. Nancy Lee, an agency officer of the HHS making threats against patient advocates for voicing their opposition to the IoM contract. This is outrageous! Apparently, she failed miserably in understanding the U.S. Constitution and the Bill of Rights for berating patient advocates in exercsing their free speech rights in practicing their due diligence with regards toward HHS obfuscation of the IoM contract.

A lawsuit against HHS will garner widespread media attention as it represents a David vs. Goliath theme and would sit well within the social media circles as an item of news that could go viral. It is something that this administration can ill afford without giving away too much strategy , especially with Democrats considerably worried over the upcoming elections. An IOM Death Panel does not sound like excellent sound bytes for this administration. Play the political strategy.

When all was said and done and the ink was finally dried and on the last IoM panel decision to determine illness criteria, the brave men and women of the Gulf War Veteran’s patient community were thrown under the bus. The IOM’s decision is a continuing blight on the soul of America’s conscience.
http://www.usatoday.com/story/natio...stitute-of-medicine-gulf-war-illness/2458745/

Eco

 

[Izola]

Good thoughts. However, Gulf War Veterans, GWV, had considerable Congressional oversight and support including the formation.of the RAC, Research Advisory Committee, which was slated for scientific research. The executive branch ignored not only the public mandate but considerable Congressional backing as well. They were willing to take the hit in ratings on this. Follow the money trail. This comes down through the executive branch of government through many administrations. Your experience with the governor is just a small taste of backhanded politics.

ME/CFS patient community has already tried the Congressional route. We have Harry Reid,Senate Majority leader, among others on the side of the patient community. If the executive branch tendered just little regard for the enormous backing behind the GWV, than the ME/CFS patient community stands in equal peril.

Now, we have the actions of Dr. Nancy Lee, an agency officer of the HHS making threats against patient advocates for voicing their opposition to the Iom contract. This is outrageous! Apparently, she failed miserably in understanding the U.S. Constitution and the Bill of Rights for berating patient advocates in exercsing their free speech rights in exercising their due diligence with regards toward HHS obfuscation of the IoM contract.

A lawsuit against HHS will garner widespread media attention as it represents a David vs. Goliath theme and would sit well within the social media circles as an item of news that could go viral. It is something that this administration can ill afford without giving away too much strategy , especially with Democrats considerably worried over the upcoming elections. An IOM Death Panel does not sound like excellent sound bytes for this administration. Play the political strategy.

When all was said and done and the ink was finally dried and on the last IoM panel decision to determine illness criteria, the brave men and women of the Gulf War Veteran’s patient community were thrown under the bus. The IOM’s decision is a continuing blight on the soul of America’s conscience.
http://www.usatoday.com/story/natio...stitute-of-medicine-gulf-war-illness/2458745/

Eco

First, I need to clarify one thing of personal importance. The man I mentioned was not nor ever has been a governor or, to my knowledge, in an elected office. He was being groomed to someday be a governor. As you know, political parties do that. He may have smashed me, but I didn't go down w/o a vicious fight. With my allegations and very strong corroborative documentation his viability as a contender disappeared. Last I heard, he was working for a tobacco company.

I'm not content with lying down on the road in front of the bus. Its more reasonable to try to slow the bus down, and in the process, maybe turn back to pick up the guys, GW vets, that they pushed in the ditch. If we lose the battle in which our very lives are at stake, we tried and made it easier for those who follow us.

 

[Ecoclimber]

Agree to disagree but then there is nothing wrong with multiple prong initiatives. Laws were passed and court decisions were rendered to curb abuse of power. Sometimes it takes the court to stem the tide of abuse against a vulnerable population.

 

[Izola]

Eco, do you have an idea of what grounds we might have for an injunction. I can't think of one off the top of my head.

Eco just listed a few. Just now. Of course it will have to be finessed into Legal speak. I'm sure a number of Gulf War vets wouldn't mind explaining what happens when you let DHHS & IoM run amuck, just as a starter.

 

[Izola]

Civil actions can indeed be taken against public servants, but the first requirement is that its not part of their regular job ... which probably means it has to also be criminal. At least that is my understanding. Being a public servant protects you in most countries from consequences of actions taken, but not if you take criminal actions. Civil action is then taken against the criminal activity, not regular public service activity.

In essence first you have to have a case to show irregular and possibly criminal activity on behalf of the public servant. That is when the window opens.

The many and increasing suicides of Gulf War vets should nudge the window along with a long dirty laundry list.

Agencies must follow the appropriate procedures, including any Constitutional, statutory, regulatory, including due process of law requirements of "notice" to the public, any sunshine laws requirements (like not being allowed to stage a secret labor day coup) and time requirements, limitations and more importabtly advance time to let any one who disagrees, or might disagree have time to rally, another potential Constitutional issue.

There ought to still be Federal laws governing bidding on large ticket contracts to weed out at least some of the buddy bids. Before a contract is awarded, there should be specificity laws requiring the details of exactly what it is they are contracting to do and not leave it up to the contractor to do as they please.

Conflicts of interest (sunshine) should require scrutiny and should be answerabe to the public before the contract takes effect.

I 've never encountered any down and dirty, fast and easy bids such as this w/o being able to punch some holes in the process. (But, then, again, many regulatory statutes and regs have been dropped in the name of free enterprise and just plain freedom. So we've been suckered into letting the big boys keep most of the balls.)

Business as usual is going to stay that way until someone says "Hey, you can't do that and here are the reasons why."

What the hell are we doing letting private citizens write our laws without any public debate and without consequences, anyway? And, believe me, an IOM decision will have the weight of the law against us. Izola

 

[Izola]

Agree to disagree but then there is nothing wrong with multiple prong initiatives. Laws were passed and court decisions were rendered to curb abuse of power. Sometimes it takes the court to stem the tide of abuse against a vulnerable population.

Multiple prong initiatives are good. Iz

 

[Izola]

Great work, Hip! and many thanks for providing solid evidence for what may well be behind this--and one wonders too about the point-blank refusal of Dr. Unger to consider two day exercise testing, and her reported statement that "GE is non-negotiable." We are in trouble, unless Lipkin or some group come up with really solid stuff .... but look forward to the publication of the new Mella and Fluge Rituximab study.... What a world we live in!

It might be important to get this information out to the brave researchers who signed that letter, so that they have more ammo with which to defend and strengthen their position--without doing this in public. Does anyone have contact with any of them?
Chris

This is good fodder for a TRO, Temporary Restaining order or an injunction,

 

[Izola]

This is good fodder for a TRO, Temporary Restaining order or an injunction,

And, yes, this infod needs to get back to our experts. Iz

 

[justinreilly]

I'm not content with lying down on the road in front of the bus. Its more reasonable to try to slow the bus down, and in the process, maybe turn back to pick up the guys, GW vets, that they pushed in the ditch.

What do you mean by this exactly?

 

[justinreilly]

Izola, do you know about Jeannette Burmeister's Complaints to HHS OIG and HHS Competition Advocate?

She laid out some good stuff there; did a very nice job. She might be someone you could consider working with on these type of things. I know your experience, tenacity and smarts will be very valuable to ME patients as we 'go forward'.

Sorry you had to deal with sexism and that jerk, in addition to having ME.

 

[justinreilly]

@Izola, i see you think we have sufficient grounds; do you think filing for an injunction is a good move now, all things considered (such as opportunity cost and likelihood of success)? It sounds like you have a much better handle on these things than I do. This was not my area.

If yes, can you spearhead this? or if you don't have the health to really do that, maybe explain things or lay out an outline of what to do and discuss with Jeannette, Jennie, me etc who have a legal background and see if we can make this happen? Sounds like you think we can get some pro bono help from those sources like NLG.

if so, We would, i feel, have to do this in a closed conversation like a PR group conversation.

 

[Izola]

@Izola, i see you think we have sufficient grounds; do you think filing for an injunction is a good move now, all things considered (such as opportunity cost and likelihood of success)? It sounds like you have a much better handle on these things than I do. This was not my area.

If yes, can you spearhead this? or if you don't have the health to really do that, maybe explain things or lay out an outline of what to do and discuss with Jeannette, Jennie, me etc who have a legal background and see if we can make this happen? Sounds like you think we can get some pro bono help from those sources like NLG.

if so, We would, i feel, have to do this in a closed conversation like a PR group conversation.

JR:set me up w/ a private chat. I don't have a cue how that works.

 

[Izola]

Izola, do you know about Jeannette Burmeister's Complaints to HHS OIG and HHS Competition Advocate?

She laid out some good stuff there; did a very nice job. She might be someone you could consider working with on these type of things. I know your experience, tenacity and smarts will be very valuable to ME patients as we 'go forward'.

Sorry you had to deal with sexism and that jerk, in addition to having ME.

JR: Thanks for the compliments. Yah. I know about Jeannette's OIG /HHS thing, read pieces. Need to take some time to focus on that only for a while. I kind of divide tasks up & do things to match my ability states.

The jerk--He's the one who, I think, knocked out my immune system. I was athletic, ran, climbed, cycled, hiked, backpacked, all the wonderful things in life. My poor baby daughter was forced-- she loved it--into climbing a certain peak on week end mornings--she could make it to the top at age 2. I was hit directly with an encephalitis so bad I had to relearn how to read, etc. I did 7 (fairly minor) trials without a short term memory--Oh, I do digress-- Iz

 

[justinreilly]

@Izola, ok, check your inbox. I see you have an inverted sleep cycle right now, like me.

 

[Izola]

@Izola, ok, check your inbox. I see you have an inverted sleep cycle right now, like me.

Yup.

 

[Izola]

What do you mean by this exactly?

I fight and get as scrappy or whatever is needed and any resources I can scrape up to do it. I'm pretty much bed bound. I gather information then try to spit it out coherently and effectively as needed. I sleep w/ my lap top and warm cans of root beer. Funky. ; ] Iz