Advanced Medical Institute: The “unconscionable conduct” continues

In a nation awash with health scams that pitch themselves as natural alternatives to medicine, it’s less common to find scams that position themselves as “medical”.

Even further apart are the medical tricks that prey upon vulnerable members of the public, such as Dr. Death Sartori. Or those that position themselves in a predatory manner, ready to strike when average Aussies suddenly find themselves vulnerable and in unfamiliar territory.

This definition easily applies to the one third of Aussie men aged over 50 who deal with sexual dysfunction or erectile dysfunction every year.

Enter Advanced Medical Institute whose defence against The Australian Competition and Consumer Commission for “false and misleading” conduct goes back at least to 2003. The man behind the scam is Soviet Era trained doctor, Ukrainian Jack Vaisman, unregistered in Australia. He apparently also earned a PhD from the USA which enables his title as “Doctor” to get a misleading airing.

Another company he earlier owned, On Clinic led Professor David Handelsman head of andrology at Concord Hospital’s ANZAC Research Institute to remark under oath in 2009:

I’ve got to say, one of the most scarifying experiences as a medical practitioner I’ve had [was] seeing just how low quality this sort of medical care can be,” he said. ”It really shouldn’t occur in Australia in the 21st century … It goes back to a pre-thalidomide type of regulatory standards.

Professor Handelsman was referring to his mid 1990’s encounter with Vaisman. At that time Professor Handelsman was sitting on a Health Care Complaints Commission inquiry into On Clinic, called by the NSW Government. In 1996 the company pleaded guilty to charges of illegally importing individual constituents of Vaisman’s penile injection concoction. Each component was unregistered with the TGA, mixed in unregulated conditions then provided to patients with a syringe and instructions.

In March 2003 another company Vaisman (below) had acquired, Australian Momentum Health Pty Ltd, was convicted of supplying unregistered therapeutic goods. Even before AMI kicked off the last person Aussies needed dealing with male sexual dysfunction was Jack Vaisman.

Advanced Medical Institute gamble on blokes being too embarrassed to seek recompense for ineffective and outrageously priced off label use of dangerous or common and cheap medications. These are sold under long term contracts costing thousands of dollars in a practice described in 2009 as “pernicious, nasty and unethical”.

Of serious concern also is that erectile dysfunction may be an indicator of diabetes, kidney dysfunction, drug interaction, neuroses, neurological disorders, blood pressure irregularities or cardiovascular disease, prostate problems, penile conditions and other chronic conditions.

By hitting below the belt as it were with the famous “Longer Lasting Sex” advertisements, Vaisman was both targetting a symptom in older men and appealing to vanity or anxiety in younger men. A phone call was all it took.

Clearly, as the most cursory checkup – for example taking BP or physical examination – cannot take place over the phone, patient health wasn’t, and still isn’t part of the deal. This practice of “consulting”, diagnosing and prescribing medication ensuring locked in contracts over the phone at break neck, Gish Galloping speed, was the subject of a House of Representatives Standing Committee on Health and Ageing on August 25th, 2009. The litany of bogus science, cruel treatment and vile scheming is as extensive as the witnesses are impressive.

A lively exchange took place the next day between 2UE’s Mike Carlton, self appointed director of the deceptively named Australian Centre for Sexual Health, Richard Doyle and Jack Vaisman. An AMI shareholder Doyle (who also acted as Vaisman’s legal defence) is close to hilarious, suggesting everyone else is stupid for not keeping up with the latest science, including a remarkable study (not cited) showing that a phone call is superior to an actual consultation. Vaisman himself must be remembering a different inquiry.

You may grab the short MP3 here or listen below:

Ian Turpie admitted in 2006 he had lied about AMI “advanced technology” nasal spray. Vaisman had raged “Who gives a f**k?”, when AMI’s General Manager had asked if the advertisement was indeed a sham. The spray contains apomorphine, a drug used to treat Parkinson’s disease, and has been shown a dismal alternative to traditional solutions such as Viagra. AMI or it’s doctors did not advise clients of the superior alternatives.

Apomorphine is deemed ineffective by over 70% of doctors and it’s use for erectile dysfunction has been largely discontinued. In fact in cases that AMI would attract it is contraindicated. It’s mode of action works by increasing desire – not improving erectile function. In any case it is not worth thousands of dollars.

Vaisman was getting away with breaching TGA laws that render his spray a second-line therapy only if commercial alternatives are not available. Still, TGA impotency is hard to miss over the 20 or so years Vaisman has scammed Aussies. His “compounded products/prescriptions” came under TGA regulations that have exempted him from having to run any clinical trials.

Kelly Burke wrote in November 2009 following the report released by the Standing Committee on Health and Ageing:

By AMI’s figures, about 15 million nasal sprays, lozenges and sundry potions have been sold to the gullible and desperate over a decade. Yet not a single one has been subject to the administration’s quality control and safety requirements.

Vaisman has been permitted to exploit a regulation that allows doctors to prescribe individually tailored medications for patients for whom no alternative effective treatment is commercially available. […]

The vague wording of the National Policy for Technology-based Patient Consultations also needs to be tightened. […]

Close the Therapeutic Goods Administration loophole and tighten the telemedicine regulations as proposed in the report, and Australians will be able to wave goodbye to the screaming billboards, excruciating radio ads and tacky late-night television campaigns. And Jack Vaisman will be out of business.

By 2010 the Australian Competition and Consumer Commission (ACCC) had taken an new interest, raiding Vaisman’s offices in February. In December 2010 the same day the ACCC began legal proceedings against AMI, Vaisman placed the company into voluntary administration. The ACCC had launched proceedings against Vaisman, Advanced Medical Institute Pty Ltd, AMI Australia Holdings Pty Ltd, and two doctors.

On June 9th, 2011 The Brisbane Times reported:

The Australian Competition and Consumer Commission has started fresh proceedings in the Federal Court alleging that the company, famous for its billboards and radio advertisements promoting ”longer-lasting sex”, has failed to inform its customers that it is insolvent, and may not be able to provide medication for which some of them paid thousands of dollars.

AMI had continued trading since the time it went into voluntary administration. In a shifty move the business was sold to NRM Corporation Pty Ltd and NRM Trading Pty Ltd [collectively NRM], and very shortly after went into voluntary liquidation. NRM continues to conduct the AMI business.

The Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) had Unfair Contract Terms provision added in July 2010. This has allowed the ACCC to pursue a case against AMI for alleged unconscionable conduct. This is a significant move in consumer protection.

Nasty, deplorable, pernicious, predatory and coercive were the terms used during the House of Representatives Standing Committee inquiry into Vaisman’s conduct. His abuse of clients from 17 to 87 years of age is despicable. Unconscionable Conduct sounds about right.

The ACCC reported on it’s website last September that the Federal Court had granted orders to add NRM as respondents in the ACCC case against the AMI for unconscionable conduct and granted leave for the ACCC to pursue action “against the AMI companies in liquidation”:

The ACCC alleges that AMI engaged in unconscionable conduct in breach of the Trade Practices Act 1974 and NRM is engaging in or proposing to engage in unconscionable conduct in breach of the Competition and Consumer Act 2010.  The ACCC also alleges that Dr Lonergan was knowingly concerned in AMI’s conduct and Mr Vaisman being a former director of AMI and a current director of NRM was and is knowingly concerned in the conduct of those respondents.

The ACCC further alleges that NRM is in breach of the Australian Consumer Law by entering into long-term agreements for the treatment of male sexual dysfunction which contain unfair contract terms in relation to the termination of a contract.

Incredibly, so it came to pass. Under Vaisman’s shady direction NRM took “control” of AMI and continued to lure customers into unconscionable long term non efficacious rip off contracts with zero regard for consumer health.

You may have noticed the shift from Sniff and Stiff the piano playing penises on late night TV to the Genie who magically cranks up libido using a strip on the tongue. As noted by genuine experts in 2009, these advertisements are “destructive… a carefully constructed legal fiction.”

UPDATE: On April 22nd 2015 the ACCC reported that the Federal Court found Advanced Medical Institute had engaged in unconscionable conduct. The media release (MR 63/15) reads in part:

In his judgment, Justice North said “It is immoral to seek to harness the fears and anxieties of men suffering from ED [erectile dysfunction] or PE [premature ejaculation] for the purpose of selling medical treatments. To target the patient’s vulnerability in this way is to use an unfair tactic and that is a possible marker of unconscionable conduct”.

Justice North also stated “The technique of frightening men by telling them of the dire adverse consequences of not agreeing to treatment and assuring them that the treatment was effective was part of the business system of AMI and NRM. It was formulated by management and imparted in an organised fashion through scripts and training sessions.”

His Honour also found that NRM further breached the Australian Consumer Law by entering into long-term agreements for the treatment which contained unfair contract terms in relation to the termination of a contract.

The Court declared that the conduct of the respondents was unconscionable and made orders:

  • requiring that NRM compensate a number of the patients whose evidence was considered by the Court
  • permanently restraining NRM from:
    • making agreements with a patient or in respect of the supply of medications for the treatment of male sexual dysfunction unless the patient has a consultation with a qualified medical practitioner
    • making any statement about the efficacy of NRM treatments or the patient’s need for those treatments unless that statement is made by a qualified medical practitioner
    • making an agreement with a patient for the supply of medications or medical services for the treatment of male sexual dysfunction without providing a written statement of the terms of the agreement and termination rights;
    • making an agreement with a patient for the supply of medications or medical services for the treatment of male sexual dysfunction unless that agreement has a cooling off period and can be terminated by giving 14 days’ notice.
  • restraining Mr Vaisman from continuing his main role in the business of NRM which was involved in the unconscionable conduct for a period of seven years
  • requiring corrective advertising.
  • For further enquiries contact the Media Team on 1300 138 917

END UPDATE

It also emerged in a January 2011 article in The Age Business section, that a “silent partner” in this failed venture is behind Astarra Strategic Fund, which resulted in Australia’s largest superannuation theft. In fact the “partner” is a network of “dodgy brokers” headed up by John Flader the supposed master swindler of the Astarra theft.

Meanwhile the AMI swindle rolls on. The last notable action involving AMI was a directions hearing in Melbourne in October 2011. A feature of the pre NRM AMI if you will, was the inability for customers to cancel their contract until they’d tried every single treatment AMI could dream up. Whilst boasting high success and ensuring that every unsatisfied customer received a full refund, the reality was virtual theft from customer bank accounts.

The only way to stop AMI withdrawing money from an account is to have the account closed and another opened with new details.

Recently AMI wheeled out a Debt Collection department. Their job is to chase up clients who still “owed money” on the futile contracts before AMI went into voluntary liquidation. The problem here is any liabilities accrued by AMI then become those of the liquidator. Not AMI and certainly not NRM.

Despite “NRM Corporation Trading As AMI” actually not being liable for any so-called contract debts the threats to “go legal” and destroy any non-compliant customer credit ratings is standard. For 15% of the outrageous contract total NRM will allow clients off the hook. But only if clients bring up the possibility first, or happen to laugh heartily down the phone at NRM’s new take on post liquidation liability. They will not inform customers who don’t raise dissent. From the ACCC site:

NRM patients are required to provide 30 days’ written notice to NRM to terminate the contract and must also pay a number of fees including a fixed administrative fee of 15 per cent of the original contract price. The ACCC alleges that each of the fees had the effect of penalising a consumer who gave notice of termination and therefore causing a significant imbalance in the parties’ rights under the contract.

There are cases where clients – who are in fact patients – eventually consult their GP and then a urologist, cardiologist, oncologist or another specialist. Information is passed to AMI specifically stating they can do nothing to improve the condition. Indeed many “treatments” are dangerous and have exacerbated serious medical problems for months. AMI go through the motions of ensuring a refund for expenses paid. They have been known to then debit bank accounts to the tune of the total contract cost.

Of course, there is no written contract that clients sign outlining any of these eventualities. The famed refunds are a scam from day one because they do not exist. There simply is no document wherein lies any customer contract. Clients should remember this in the event of AMI Debt Collectors calling to terrify. You are thus still waiting on the official contract.

If clients have been clever enough to realise the scam and ditch their bank account AMI Debt collection ring to intimidate, threaten and bully. To “go legal” as they say. Exactly what ageing, ill and often pension dependent patients need.

At this point getting consumer and legal advice, alerting and perhaps lodging a complaint with the ACCC and making some well advised choices about taking that 15% option is in order. After you’re certain that they can effect your credit rating. Remember that AMI are engaged in unconscionable conduct, and NRM intentionally set out to engage in unconscionable conduct.

There is no evidence the so-called Debt Collection isn’t another scam, and it alone is unconscionable conduct by extension. The ACCC will confirm this. As I note above, any debt AMI accrued pre June 2011 is not legally theirs to recover. With luck they will soon be shut down and prosecuted. If contacted clients should not hesitate to summarise this ACCC entry.

Medications sold via their contracts include SSRI’s like fluoxetine (Prozac), paroxetine (Aropax or Paxil), escitalopram (Lexapro), sertraline (Zoloft) etc. These were introduced over the late 1970’s – 1980’s with Lexapro introduced some years later.

AMI also favour old style tricyclic antidepressants such as Clonipramine. This cutting edge technology has been around since the 1950’s with clonipramine added to common tricyclic antidepressants in the 1960’s. The pain killer Tramadol is another.

Their super advanced Path Breaking Research and Development also includes, as mentioned, the Parkinson’s drug apomorphine via lozenge, nasal spray or tongue strip. Apomorphine has been around since the 1940’s.

Why these drugs? SSRI’s and tricyclic antidepressants have a side effect in prolonging time to ejaculation. This effect may persist or may be prove to be transient. Remembering the conditions they are prescribed for, and the side effects they already carry I’ll leave you to consider the value of such off-label use.

The shocking aspect here is rather than pay $250.00 per month and be locked in for two years patients could consult their GP and pay around AU $20.00 per month. For those on a pension or any benefit it’s $5.80 per month. No contracts, no threats and no gambling with side effects.

It gets worse. Men have been scammed into a $3,000 contract and bullied into payment long after the penny dropped, only to report they were already on an SSRI reaping any potential benefit of “lasting longer”. In these cases they need not have spent a cent.

A major drawback with SSRI and tricyclic medications is the interaction with some migraine specific medications or even pain killers such as Tramadol. Serotonin Syndrome can be a serious and potentially life threatening reaction to using two or more of these drugs.

A major cause of premature ejaculation is fast neurological response time in pelvic muscles. Guys can even save that $20.00 per month and learn pelvic floor exercises known as Kegel Exercises. Searching for those key words will provide millions of hits. In cases of erectile dysfunction consult your GP to be sure it’s not a more serious problem.

In conclusion do keep in mind that Advanced Medical Institute is neither “advanced” or an “institute”. It’s a scam run by professional parasitic predators who pressure vulnerable, ill and everyday Australian men out of their money. They can offer nothing to improve sexual health – quite the opposite.

In researching for this post I was appalled, infuriated and disgusted by the tactics creatures such as Vaisman use to scheme struggling Aussies who conduct themselves with dignity, strength and poise. To be unwell is one thing, to make a less than ideal decision and be scammed is another. Yet to navigate the resultant quandary with optimism and humour takes a trait I hope I have, somewhere deep inside.

One hopes the ACCC get to use the unconscionable conduct laws with gusto.

  • ACCC resources. Keywords – “Advanced Medical Institute”

http://www.accc.gov.au/search/accc-funnelback/Advanced%20Medical%20Institute

The Australian Vaccination Network

From the very beginning in 1994, the AVN has always been a membership and donation-driven organisation, relying on the support of our members… All memberships include a subscription (either hard copy or digital – your choice) to the AVN’s magazine, Living Wisdom. (Meryl Dorey – AVN president)

Is The Australian Vaccination Network Australia’s leading Charity Fraud?

In 2009 a small group of concerned Aussies began to raise dissent with health authorities about a group of vaccine conspiracy theorists known as The Australian Vaccination Network. It very quickly became apparent that something much darker was unfolding behind the locked and censored doors of the leader of this cult-like group, Meryl Wynn Dorey.

The AVN was like a black hole for money and their Charitable Fundraising Authority was the Event Horizon. Hundreds of thousands of dollars were sucked into their two bank accounts as promise after promise and scam after scam was presented to members. It seemed that every remote issue related to vaccination was cause for a new fund raising drive.

The vital need to test vaccines, the need to protect health workers from vaccination, the need to save school girls from HPV vaccines, the need to allow unvaccinated children into childcare, the need for $52,000 seemingly just to have and to hold from this day forth. The need to advertise about vaccines and autism, the need to help a family “on the run from vaccination”, a competition to beat a $500 donation, the need to fund legal fees for another family in court (over $100,000). On and on and on came the demands for money.

Yet no project ever eventuated. No family received so much as one cent. They were abandoned to the courts with the AVN nowhere in sight. No feedback on any of this money has ever been provided.

Then the little group discovered the AVN’s false use of business names. AVN members were paying to fund AVN material to be produced and passed to new mums under the auspices of certain businesses. Except the businesses had never heard of this and recoiled at the mention of the AVN. It was a complete scam to fleece members. Then came the “information packs” being sold. Except they were full of stolen copyright material. Once again, scam after scam going on and on with excuse after excuse.

The totality of fraud is mind boggling and after a couple of initial jaw droppers, I’ve only returned to writing about it recently.

As you’ll see in the video below the text at the top of this article is misleading. Dorey’s genius is in picking a passing demographic. Expectant parents will be drawn in to her scams, subscribe, join and then be overwhelmed by the reality of a new family or a new child. Few will chase up the one or two hundred dollars that nice lady took. Like all scams, embarrassment and red tape, with the possibility of more expense to get back much less inhibits victims from taking serious action.

Consider the 205 professional members I can glean from Meryl’s listing at present. One can pay up to $1,500 for a Gold Professional. It includes:

Gold Professional Membership to the Australian Vaccination includes a Subscription to Living Wisdom Magazine  for 1 year

Now, this is curious. Some ordinary members have asked why there was only one magazine out of the nine promised from the start of 2011 to the middle of 2012. They were told if they weren’t so stupid and actually read the announcement Meryl published they’d know that “6 magazines per year” now just meant “6 magazines… when the AVN is good and ready”.

Yes the new Join Us page has no mention of any time limit you silly members. Then again it isn’t very clear in explaining that you may need to leave the subscription to your grandchildren:

Membership includes 6 editions of Living Wisdom magazine (either hard copy or digital or both if you choose) and there are discounts available for 12 and 18 issue memberships.

Eighteen issues?! At the present rate that’s going to take twenty seven years… and counting.

So, why are Gold Professionals still being sold yearly subscriptions as above? Indeed, what of professionals who bought annual or three year memberships because of the frequent and regular exposure promised in the Living Wisdom magazine? Gold and Silver Professionals were promised:

A Healthy Choices ad in Living Wisdom magazine for 3 issues – value $450.00

So whether professionals paid $275 for one year or $700 for three years, let’s check what they relied on in making that decision.

  • A free listing for your business or practice in Living Wisdom magazine and on the AVN website.
  • 6 issues of Living Wisdom magazine in the printed format. At one issue per 18 months that’s going to take nine years.
    The magazine covers the most up-to-date news happening around the world involving vaccination.
  • 6 issues of Living Wisdom magazine in the digital format
    Digital magazines are the way of the future, with a simple click of a button you can have a magazine downloaded to your computer to read at your leisure.
    A link will be emailed to you every time we have a new magazine ready for you to read. All you will need to do is click on it and you will have all our great articles at your fingertips.
  • 10 free issues of Living Wisdom online magazine to give away to clients or colleagues.
  • A 10% discount on books, CDs, DVDs, etc. from the AVN shop. AVN Books, DVD’s and CD’s etc are available for free all over the internet or at much less price than the AVN want.
  • Advance notice of seminars, webinars and workshops around the country and, in many cases, a membership discount.
  • Access to the AVN website. This contains pages and pages of great news articles on vaccinations and childhood immunizations collected over many years.
  • Discounts and premiums from some of our other Professional Members. These include specials on everything from homoeopathic and chiropractic visits to purchases at retail shops. 1 occupational therapist, one physiotherapist, one Bowen therapist, one herbalist, one TCM practitioner etc, etc… and 135 anti-vaccination chiropractors.

Arguably, there are plenty of reasons for victims to not want to draw much attention to themselves after being tripped up by self-confessed “rabid, idiotic fringe dwellers”.

Dorey has at least ceased using the title “Australia’s leading vaccination expert” as she amusingly used to bill herself.

But Australia’s leading charity fraudster is sounding pretty good about now.

A response to the defence of chiropractic

Paul; your writings are amusing, but you have only 183 followers! My 14 year old daughter has three times that on a silly facebook page!

In the spirit of genuine laziness and as one of the “waspish witch-hunters of political medicine”, I’ve reproduced my response to a comment on the About page written by a giant in the art of selective topic pertinence.

Keith. Mate!

Your daughter has a bigger number than mine. On Facebook! Well, I’m sure that every one is a dedicated and true friend engaged in a deeply meaningful personal relationship. Or… maybe quality isn’t what matters, if I’m to take the meaning.

Yes I agree chiropractic will be around for years to come. Chiropractors will tweak and change to keep in line with shifts in superstition and trends in gullibility to ensure they maintain a large slice of the health scam market. They will also fight and defend like skilled con artists and fraudsters to hold onto the empty title of “doctor”, being only too aware of the psychology that drives the gullible to their doors. Mimicry of actual medicine and misuse of technology is vital to the illusion.

Also I agree on the history. Palmer certainly wasn’t the first person to rattle and dance, poke and prod whilst intoning godly laws about the human body and human health. He was however the first to market his touchy brand of magic as “science” and made liberal use of the most modern tools at his disposal.

I note your journey to last century to exhume the Wilk case. A splendid diversion. Yet since then, not only was your daughter born but chiropractic shifted into a fundamentalist ideology that denies every rule of medical science and the very laws of nature itself. Of its own accord it has become the “go to discipline” for glowing appraisals of alternatives to medicine and solemn condemnation of conventional medicine.

More so, it has again of its own accord inserted itself in serious health debates way beyond the beliefs ensconced behind the battlements of its extra-dimensional reality. The vaccination issue. Pre natal, neo natal and extended post natal proclamations designed solely to scare vulnerable and gullible new parents to sign those lucrative “treatment contracts”. Paediatric chiropractic – perhaps more amusing than you realise if not for the conclusive demonstrations of inefficacy.

To my knowledge the only scheme to actually provoke symptoms of Munchausens Syndrome By Proxy it is responsible for creating nervous wrecks and genuine psychological patients of innocent parents. The invention of “syndrome” after “syndrome” and the terrifying warnings of what awaits those who do not succumb to regular “maintenance”.

However as we read in Quacks galore in facade of quirky medicine:

SCIENTISTS spent $374,000 recently asking people to inhale lemon and lavender scents to see if it helped their wounds to heal. It didn’t.

The National Centre for Complementary and Alternative Medicine in the US also outlaid $700,000 to show that magnets are no help in treating arthritis, carpal tunnel syndrome or migraines.

The centre spent $390,000 to find that old Indian herbal remedies do not control type 2 diabetes and $406,000 to prove coffee enemas do not cure pancreatic cancer.

It’s the same story around the globe. One by one, weirdo treatments are being exposed as bunkum.

Why are people so gullible, handing over their hard-earned cash for unproven alternative therapies? […]

Latest research says dietary supplements and megavitamins, acupuncture and chiropractic are of little use – and may even be harmful. […]

Chiropractors have now been discredited by every reputable medical organisation from the Royal Society down, yet people still spend up on these bone-crunchers and state and federal governments seem unwilling to shut them down.

Recently I reported on two experts on alternative medicine who reviewed all the evidence and concluded chiropractic was “worthless”.

“Harmful, worthless, discredited by every reputable medical organisation from the Royal Society down”. Keith, mate! And that’s coming from proponents of alternatives to medicine.

Like all magical claims chiropractic has been sternly examined and found wanting. Claims of efficacy crushed under the simple application of RCTs and its claims of safety evaporate before a monumental collection of research into death, permanent injury and disability or injury and complications with frequent cases of lengthy recovery. To be sure this happens in medicine also but to those already on death’s doorstep, significantly ill, disabled or in need of life saving surgery. And they are well informed of the risks that apply to a strictly evidence based choice.

That chiropractors scheme and trick people who are absolutely perfectly healthy – indeed many fatalities in robust health, the prime of life – to believe they need attention is itself a grave insult to common altruism and a thunderously immoral application of psychology. That healthy and vital people can be killed or injured and experience levels of morbidity that equal high impact vehicle accidents is a statement about chiropractic no-one can ignore.

Again addressing your mine’s bigger than yours argument I note the “fast-dwindling group of activists” reference. Of course nothing could be more inaccurate. Advocacy for science based medicine and skeptical defence and examination of consumer rights in health and beyond, is at an all time high. But it is not quantity that matters, and your obsession with quantity reveals your lack of appreciation for quality.

It is evidence that matters. Including evidence explaining what drives the interest in so many health scams we have seen rise up of late. The search for Truth is indeed vital, but skeptics and other scientists will accept the evidence as it comes. This happens to include that which explains the manipulation of individuals to believe the equivalent of magic is fact. Should the evidence indicate an increase in the future this too will be sought for further elucidation.

To comment on evidence gleaned from the methods that can be trusted to inform us of our world is not to be waging war. Much less a “self created turf war” as you put it. Of course people will continue to believe in fallacy and illusion. Magic has been a feature of our species for countless thousands of years, yet today we can discern the mechanics by which false displays are executed and the primary role of the believer themselves.

Many things will persist with health scams. Wars, cults, belief in the supernatural and our disposition to internalise superstitious belief to name a few. People are hard wired to believe in fantasy. Yet in a democracy I would not have it any other way for it reflects on my freedom. Your real concern should be with a.) the lack of evidence for chiropractic and b.) the ultimate goal of regulators.

Seeking to impede exploitation of fellow community members when evidence irrefutably confirms this, is the democratic right of skeptics and science advocates. When perpetrators of scams confirm malignant intent by misrepresenting evidence it becomes a moral obligation – a duty to our species.

Of course, with real freedom we find expression and belief should not be inhibited. In this light the freedom to be stupid is your democratic right.

I too have found great amusement in this exchange.

I fear however, your return to the lives of schoolgirls on Facebook is perhaps well justified.

Here’s lookin’ at ya Keith.

Judy Wilyman named and shamed as cruel attacker

An anti-vaccine lobbyist who contends that children should die from illness to prevent the “genetic deterioration” she believes is being caused by vaccination, made front page headlines today.

Judy Wilyman argues that vaccines contain proteins and poisons that have a “synergistic, latent and cumulative effect” ultimately causing autism, arthritis, anaphylaxis, ADHD, multiple sclerosis, diabetes, asthma, etc, etc. This generation of children is “the unhealthiest yet” whilst no evidence that vaccines prevent disease actually exists – anywhere – she has asserted.

41% of today’s children are “chronically ill” primarily with auto immune and neurological diseases that arise from vaccines, Wilyman claims, suggesting that “good science would be investigating all possible causes of these diseases“. Yet whilst Wilyman is well known for drawing conclusions from remote correlation and blaming conspiracies for the absence of proof, today it was the latter obsession that drew journalistic interest.

So corrupt is the pharmaceutical industry, she has long reasoned, that to support vaccination must involve financial incentives. Any claim that vaccines actually do prevent disease is a simple lie. It would be “a crime against humanity” to provide incentives for immunisation and the media (who have pharmaceutical interests) seek to coerce and educate the public through fear campaigns involving stories about children ill or dying from vaccine preventable disease.

UOW researcher targets grieving parents ran the subheading of the Illawarra Mercury. Wilyman is the student of AVN defender and anti-vaccination supporter Dr. Brian Martin, professor of social sciences at UOW. Beginning with a comprehensive rundown of recently made accusations against parents who had lost their daughter to pertussis, it continued to a double page spread.

The main story by Cydonee Mardon, Grieving parents slam researcher covered what many already know.

Judy Wilyman, a PhD student and former Illawarra high school teacher, questioned whether Toni and David McCaffery had been paid to promote the whooping cough vaccine.

Ms Wilyman said the State Government was using four-week-old Dana’s death and “the mantra of seeing sick babies gasping for air” to push the vaccine.

Dana died of whooping cough, or pertussis, in March 2009. Her parents have since worked with health authorities to raise awareness about the infection and gave permission for their story to be used on a NSW Health Department campaign. […]

[Toni McCaffery said] “Dana is not an anecdote. We do not receive money for warning people about whooping cough. That is the most disgusting allegation.

“The money we received [from] the Australian Skeptics we donated to research to save babies from pertussis. Government has not ‘used us’ to promote vaccines in recent media stories. We agree to such interviews in our own time without any agenda other than to give people the warning we did not receive.”

Mrs McCaffery said Dana’s story appeared in a government brochure because “parents have a right to be warned about whooping cough and given accurate information”.

“We did not get that warning. It is up to parents if they want to vaccinate. It is also up to any parent to go public and speak to media. Do not use us against other families.”

The Mercury contacted Ms Wilyman who has so far declined to comment.

It was also another blow to the public face of the AVN who were correctly reported as hosting Wilyman’s letter to the Australian Human Rights Commissioner in which she also referred to the “mantra” of seeing sick babies gasping for air.

In W.A. in 2010 Wilyman used a 60 year old quote to suggest that infant and childhood mortality is a necessary price to pay in preventing the diseases she believes arise through interaction of genes, the environment and timing. By stopping vaccination which is switching on otherwise dormant disease-causing genes, and allowing vaccine preventable deaths we could improve “the overall health” of children, Judy Wilyman believes.

She informed her audience:

In 2010 it is known that environmental factors can switch genes on, that would otherwise remain dormant. This is called predisposition to disease. Resulting in epidemics of genetic diseases. Things like autism, diabetes and asthma.

I’ve got a quote from Macfarlane Burnet… 60 years ago. Macfarlane Burnet said:

In future years we may have some hard thinking to do. It may be that we will have to realise that mortality in infancy and childhood in the past has been the necessary price that had to be paid to prevent genetic deterioration and that some of our modern successes in preventative and curative medicine, may on the longest view be against the best interests of the state.

In the 21st century it is known that genes and environment and timing interact together in the occurrence of disease. The overall health of children in the 21st century would appear to be supporting Burnet’s prophecy.

Source: W.A. Audio (at 28min, 30sec)

Sir Frank Macfarlane Burnet was a Nobel prize winner and Australian of the year born in 1899. A brilliant virologist and immunologist the Burnet Institute in Melbourne is named after him. It is almost beyond belief that in the same talk Wilyman uses influenza as her example of a disease for which the vaccine is more dangerous. Could she possibly know of Burnet’s work in advancing influenza immunisation and how it still influences progress today?

His search for vaccines, particularly for influenza and massive inoculation studies (20,000 subjects) during the second world war, earned him global recognition. Under his guidance progress on polio, pox viruses, herpes, Murray Valley encephalitis and myxomatosis were added to this contribution. Simply put the man was a giant in the progress and necessity of immunisation with vaccines.

This post has no chance of doing Burnet justice other than to highlight Wilyman’s calculated deception in her abuse of research. It is enough that the “mandatory and coercive” monitoring of vaccination status – the “crime against humanity” Wilyman and Dorey ignorantly rail against – owes no small amount to Burnet’s input into keeping records on individual vaccination history.

Also in today’s Mercury is a moving open letter from Toni and David McCaffery. It happens to include reference to the reality of encouraging parents not to vaccinate:

We moved to the Northern Rivers to bring our family up in this pristine environment. However, we did not realise this was a hotbed for contagious and potentially deadly viruses.

Our sweet Dana is the innocent victim of dangerously low levels of awareness and even lower vaccination rates. Instead of her photo winning baby competitions, she is the tragic face of a Whooping Cough (Pertussis) epidemic and sparked a national vaccination debate. […]

Please learn from our past. Vaccination was introduced because there is no medicine to stop these bacteria that killed and maimed thousands of children. Now, these third-world diseases are on the rise again. In NSW it is Whooping Cough. In Queensland it is Measles.

Do you want to live in a country where we are too scared to have friends or family visit our babies or we won’t leave our homes?

As has become a brief tradition of late we might consult the work of Judy’s supervisor Dr. Brian Martin. Dr. Martin accuses opponents of the AVN of launching “attacks”, even inventing his own list of “attack modes”. He writes in the conclusion of When Public Health Debates Become Abusive:

Debates  over  health-related matters  are  often  extremely  bitter. Usually,  though, more attention  is  given  to  the  content  — the  facts,  which  position  is  correct,  and  policy implications  — than  to  the  way  a  debate  is  carried  out.  Yet  the  methods  used  are important.  Heavy-handed  and  abusive  techniques  can  discourage  participation  and distort outcomes, affecting health policies and practices. […]

Science,  as  a  model  form  of  truth-seeking,  is  based  on  rational  assessment  of evidence. Health policy disputes can only partly follow the science model because they also involve differences in values. […]

The  question  then arises: what can be done to shift debates towards more participatory, respectful modes of engagement? […] The next question is, what should be done about those who engage in personal  abuse  and  who  attempt  to silence  opponents? A  first step  is  to  expose  and criticise  these  sorts  of  methods,  especially  when  used  by  those  on  one’s  own  side

Certainly then, more and more of Dr. Martin’s work can be seen as applying not to those who raise dissent about the privileged status of the AVN, but to members of the antivaccination movement itself.

The University of Wollongong did respond, striving to distance itself from Ms. Wilyman. I have no issue with their general position although I would hope immediate steps have been taken about Wilyman signing the letter to the AHRC as PhD Candidate. This of course is not the only example of egregious conduct on Wilyman’s part bolstered by her affiliation with UOW. From The Mercury:

The UOW issued a statement distancing itself from Ms Wilyman’s comments.

“Articles and associated comments published by Judy Wilyman on the internet, on vaccination issues, are her own personal views and not those of the university,” the statement said.

The larger problem includes the academic succor given to the evidence denial on her part, the extensive involvement of Dr. Martin that raises a clear conflict of interest and the ethical and moral obligation that UOW has to public health. To support and legitimise antivaccination propaganda is not a reflection of academic integrity. To continue to label Wilyman a “researcher” is absurd. She is a reviewer, admitting to “scouring peer reviewed research for ten years”, simply twisting selected material to her own aims.

As with parents who claim to have “researched” the science of vaccination and decide to deny vaccination, questions must be asked about evaluation. Exactly how does one conclude vaccination is entirely dangerous or that it is responsible to deny ones children protection if they have actually engaged in “research” as we understand the term?

What if Wilyman been informed by the university that claims of vaccine induced diseases have been utterly debunked? That if she wants to persist arguing that aluminium adjuvants and ethyl-mercury are causing autism and asthma she must produce compelling evidence? Where would she be today? Clearly still blaming conspiracies for the lack of that evidence but not under the banner of “PhD researcher at the University of Wollongong”. This lends false credence to misinformation and the university must take it’s responsibility to academic truth as absolutely paramount.

Finally we get more Meryl Dorey channeling Brian Martin these days. The main article notes:

AVN president Meryl Dorey said the McCafferys had chosen to go public and had to expect comments from both sides of the debate. “If one side has the right to say something and the other doesn’t, then we are not a democratic society,” she said.

Let’s check that. “Something to say” can include just about anything. For someone who labels her critics as fascists, pond scum and communists with a vendetta Ms. Dorey seems to hold a strange view of both “commentary” and democracy.

Yet again this looking glass model of dissent and attack can be clearly identified.

Manufacturing dissent: double standards in defending vaccine denial

If you happen to pop past the AVN Facebook page you might notice this entry:

Pretty straightforward. A post with three comments. The three comments are…

Oh. So there seems to be a comment missing. In fact it was the original comment, and here it is:

A paying member was censored. In fact their comment was deleted so that a fairly basic request to have emails answered could be hidden. The issue at play is that the AVN owe over $180,000 in magazines for which they have already taken fees. 11 magazines have not been delivered. Already 2 this year on the back of 5 last year. Yet this member appears to have sent at least two emails requesting clarification and they have clearly been ignored. Still the AVN website censors the fact it is in trouble. It is brazenly seeking new members claiming:

Membership includes 6 editions of Living Wisdom magazine (either hard copy or digital or both if you choose) and there are discounts available for 12 and 18 issue memberships.

If you pay extra as a “professional member” you get a “free listing” in the AVN magazine that does not exist.

In the conclusion of Making Censorship Backfire, co-authored by AVN supporter and full member, Dr. Brian Martin, we read:

An examination of cases where censorship backfires provides some valuable lessons in how to make this happen. The first important point is that the censorship should be exposed to audiences who will be outraged by the act of censorship itself or by the disproportion between the act (speaking out) and the censoring response (a heavy-handed attack). It is essential to have solid documentation, which means that only some cases of censorship can be exposed in this way.

It is important not to be intimidated. Censorship is often backed up by threats of what will happen if those who are censored do not acquiesce. It can be rewarding to see these threats as potential opportunities. By exposing the threats, the backlash can be made all the stronger. Targets of censorship need to be prepared for further attack – including personal invective – should they challenge the censorship.

It is unlikely wide exposure of this would help the member Dorey has ripped off. The information quoted above is interesting in that the best response would be to politely reply arguing that Meryl has had ample time to respond. Furthermore you have serious concerns about the AVN selling magazine subscriptions when overdue issues are now clearly unlikely to eventuate. This raises questions of Fair Trading and advertising under false pretences. It would be in the interests of all concerned if members could discuss this in an open forum fashion.

Of course, as has happened many times before, this member would be banned (if that hasn’t happened already) and the entry deleted. What follows is touched upon in the quote from Dr. Martin above. Dorey writes scathing and vicious reviews of individuals and her loyal members swoop in to attack them on other social media. Claims of being threatened and bullied and having to hire security to defend herself from bullies who don’t believe in free speech, health choices and your right to choose gradually take on a life of their own. The “backfire” works to Meryl’s advantage.

Dr. Martin’s writings on censorship are part of his much larger body of work on dissent, including struggles for autonomy and democratic rights for citizens oppressed by malignant governments. His work often has an artistic choreographed appeal that whilst interesting reveals an untested work in progress.

What is of interest to this article is his defence of antivaccination lobbyists censoring information in order to convey a fallacious and sometimes dangerous message of authority and accuracy to unsuspecting readers. As I suggested recently extremely serious questions can be asked about Dr. Martin’s moral and ethical conviction. This is only reinforced in finding that altruism is not a feature of his work yet saying and doing what one wants, when one wants regardless of the consequences, are features of those he willingly assists.

Muddying the waters further are his attacks upon community volunteers who have themselves raised dissent. The failure of government regulators to challenge what is a litany of legislative transgression, charity scams and antisocial behaviour by Australia’s so-called Australian Vaccination Network is undeniable. Devoted to attacking conventional medicine and vaccination, the group continued unimpeded for 17 years until individual activists raised dissent with government agencies.

Dr. Martin holds his PhD in physics but does not work in any related area. Apart from being president of Whistleblowers Australia, he is presently Professor of Social Sciences at the University of Wollongong. Thus use of the term “Doctor” is quite misleading in qualifying his skill as a social scientist. It is unclear if he has any requisite understanding of ethics or moral responsibility as it pertains to social sciences and indeed, society as a whole.

One may venture to suggest it is of course unsurprising then, that Martin also writes about “dissident scientists” who work in dissent of what he terms “paradigms”, disagreeing as to what theories are correct. We are left only to ponder how a physicist has found himself well versed in the mechanics of “scientific dissent” whilst at the same time defending the denial of evidence as if it were dissent.

In startling misunderstanding of the scientific method and the value of evidence he notes incorrectly in Grassroots Science:

Dissent is central to science: the formulation of new ideas and the discovery of new evidence is the driving force behind scientific advance. At the same time, certain theories, methods, and ways of approaching the world – often called paradigms – are treated as sacrosanct within the professional scientific community. Those who persist in challenging paradigms may be treated not as legitimate scientists but as renegades or outcasts. […]

For example, there are many individuals who have developed challenges and alternatives to relativity, quantum mechanics, and the theory of evolution, three theories central to modern science. […]

Western medical authorities at first rejected acupuncture as unscientific but, following demonstrations of its effectiveness, eventually accepted or tolerated it as a practice under the canons of western biomedicine, rejecting its associations with non-Western concepts of the body. […]

At the same time, some mainstream medical practitioners and researchers are hostile to alternative health. This is apparent in pronouncements that taking vitamin supplements is a waste of money or in police raids on alternative cancer therapists, the raids being encouraged by mainstream opponents.

Many proponents of alternative health say that mainstream medical science is distorted by corporate, government, and professional pressures. In this context, grassroots medical science presents itself as being truer to the ethos of science as a search for truth unsullied by vested interests.

Whilst one is grateful to Dr. Martin for seeking to identify certain dynamics it is apparent that his reinterpretation of the facts serves evidence denial and pseudoscience very well. Arguably “dissent” as he terms it here may well prove valuable to science. But one might venture to add it’s primary value has been in provoking the need to examine dissenting theories such that they ultimately bring about their own demise.

He has misrepresented vitamin therapy and acupuncture, falsely accused scientists of holding “paradigms” sacrosanct and completely ignored the value of randomised controlled trials in revealing the validity or not of “outcasts” theories. I think it’s fair to accept the final paragraph as an observation, whilst also noting it’s inexcusable to omit that the evidence favours this as a distorted conspiracy. Alternatives to medicine have flourished in Australia, crept into educational institutes and been subsidised by health insurance for many years.

It would be pointless to continue with examples, which go as far as criticising the dismissal of anecdotal evidence by mainstream science. For the purpose of this article this would include vaccines causing autism, SIDS, multiple sclerosis, inflammatory bowel disease, asthma and diabetes. I have chosen those examples deliberately. Whilst The Australian Immunisation Handbook specifically states research has constantly replicated no link Martin is supervising a PhD student conducting a literature review, but no research, who continually states vaccines have been shown to cause these conditions.

What is clear from the errors above and the Grassroots Science article in general is that Dr. Martin either has no grasp on the concept of evidence and it’s importance to science, or seeks to misrepresent application of the scientific method to the extent of devaluing it to the status of merely discerning an opinion. One cannot ignore the parallels between the tone of his writing and that of his PhD student Judy Wilyman.

Many have sought to have Brian Martin answer how he can ignore the devastating impact of his support of the AVN. As I noted recently this goes as far as making excuses for Ms. Dorey’s refusal to engage in scientific discourse with those who seek to challenge many of her claims. A substantial amount of his work claims to expose censorship and the tactics of those who refuse to accept “dissident” or “grassroots scientists”.

Thus it is deeply troubling that he defends Ms. Dorey’s censoring of material. More troubling is his making excuses for Dorey’s refusal to accept to enter into discourse as a “grassroots scientist”. Yet most bizarre is his championing of Dorey actually censoring material to sabotage engagement as a “grassroots scientist” – and actually blame this on those who were censored despite them offering Dorey an avenue to provide evidence.

Consider this recent censorship by Dorey. It served to censor the truth and defend several demonstrable errors. In Martin’s view Dorey has no need to engage because people have “attacked” her. Despite this being a self serving interpretation, what it demonstrates is the perpetuation of misinformation. This is exactly why individuals have raised concern about overlap as an academic, an advocate for truth in evidence, the supervisor of Judy Wilyman and defender of Meryl Dorey.

This post below appeared on AVN’s Facebook page with the following comments. The first from Dorey makes the head spin. There is only one type b strain of Haemophilus influenzae (called Hib). Yet she informs readers that the Hib vaccine caused an increase in diagnosis of other types of Hib caused by yet even more Hib strains. Later she mentions “Hib (all strains)”:

Later this reply was added:

And yes, it was part of the thread:

Now if you pop back you’ll find it has been deleted and the other poster to take issue with Ms. Dorey’s creativity has now taken issue with Tristan’s rather divisive “us” reference.

The individual censored is also a member of the AVN and yes, is also wondering whatever happened to the magazines promised so long ago. Is this honestly how paying members are treated by Meryl Dorey? If so then one must begin to wonder exactly how Dorey and Dr. Martin are so certain that anonymous threats apparently come from people who have not been schemed, dismissed and discarded.

In Suppressing Research Data: Methods, Context, Accountability, and Responses, Martin writes:

Censorship, fraud, and publication biases are ways in which the availability of research data can be distorted. A different process is distortion of the perception of research data rather than distortion of the data itself. In other words, data is openly available, but efforts are made to shape people’s perception of it.

There appears to be little doubt of a significant conflict of interest. Martin is well aware of and extremely deft with tactics used to deflect the problems noted above. He is defending censorship and fraud at the AVN and his student has an exclusive history of publication bias. More recently Martin himself has distorted data by selectively using a misrepresentation of usual chatter on the Stop The AVN Facebook page. The aim – as he himself offers above – is to shape the public perception of those who challenge Ms. Dorey in such a way as to vilify and defame them.

As time passes I’ll endeavour to look closer at Martin’s work attacking those who essentially accept the overwhelming evidence on vaccination. Already we can dismiss his defence of impartiality. Yet so blatant and unethical is his present state of evidence denial a close look at parallels between defending antivaccination groups and his earlier work is warranted.

Given that Judy Wilyman and Meryl Dorey rely almost entirely on imagined conflicts of interest, this very conflict of interest within a conflict of interest to bolster manufactured dissent from outright denial and censorship is beginning to look very tacky indeed.

I do hope the University of Wollongong have a clear conscience.