Category Archives: Legal

Advanced Medical Institute: The “unconscionable conduct” continues

Posted in Health, Legal, Scam by

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

Harm Reduction: How Australia Stopped HIV

Posted in Anti-Drug Lobby, Drug Free Australia, Health, Human Rights, Illicit Drug Policy by

In 1985 before the introduction of needle and syringe programmes (NSP) 90% of Australian injection drug users reported sharing injection equipment. By 1994 following introduction of NSPs this figure had fallen to 20%. In 2009 this figure was around 15% possibly reflecting the constant number of distributions from NSP programmes over the previous decade.

One of the most powerful modes of resistance to the spread of HIV/AIDS is Harm Reduction (HR) measures.

In Australia, HR exists as one of three pillars of Harm Minimisation (HM) – our official illicit drug control policy. The other two pillars are Supply Reduction and Demand Reduction. Reduction in supply receiving the lions share of funding directs energy at reducing international and domestic supply. Reduction in demand receiving less funding delivers programmes and initiatives designed to reduce the demand for drugs within communities.

Harm Reduction receiving the least funding from the HM pile targets the harm to individuals that eventuates from behaviour. HR has always drawn condemnation from conservative groups because of the association with drug use and sex. Initially men who have sex with men (MSM). Then later through maximal exploitation of drug using pop culture. Nonetheless, study after study comparing countries and districts within countries to have implemented HR or not done so, show a stunning success in favour of HR.

This post will look almost exclusively at IV drug use. HR for Injection Drug Users (IDU) includes provision of clean needles and sterile water, swabs, sharps containers for disposal and specialised filters capable of removing bacteria. Opioid Substitution Therapy (OST) including methadone and buprenorphine and safe injecting facilities are pivotal aspects of HR. Heroin on prescription is not available in Australia but has shown unprecedented success as a HR measure where it has been implemented.

Despite the evidence supporting HM as an effective policy and the reality that Supply Reduction [law enforcement] is the most highly funded pillar, Aussies are still subject to notions such as “Tough on drugs” and code words such as Drug Free Australia’s Harm Prevention. Intuitively it sounds fine. Why minimise harm if you can prevent it?

Yet on examination “harm prevention” is the abandonment of HM for the reintroduction of Just Say No approaches. Known to have had deleterious effects on self esteem, no effect on lowering drug use and providing the field upon which drug use flourished, Just Say No quite simply failed, and failed Epically. Today of course, skeptics are well aware of how beliefs and behaviours are reinforced through attacking them. Harm Prevention even more so is code for punitive, custodial and forced behaviour control.

It is at times perplexing as to why so much energy is spent on attacking HM entirely. Supply Reduction however is based in part upon the reality that people want, seek, use and enjoy illicit drugs. Education to accompany this is open and honest – not promotion of illicit drug use . Yet to the conservative mind the idea that their children, friends or the community at large is the demographic from which drug demand comes, is morally untenable.

With HR it is aspects of this pillar that equally cannot be accepted. To the conservative mind, just as condoms cause AIDS and promote sexual promiscuity so too do clean needles, safe injecting facilities and safe injecting education encourage drug use. Drug Free Australia write:

We need to re-focus our drug policy and practice on an approach that prioritises primary prevention, if we are to see any real change in the health and wellbeing of our current and future generations of young people. We need to acknowledge that Australia has one of the highest rates of drug use, because of a priority on Harm Minimisation rather than Harm Prevention, and we now need to take a leaf out of the books of the policy makers in the UK and United States. Both these countries have given greater emphasis to prevention initiatives, while still aiming to help people who are drug dependent, to recover.

The towering dishonesty inherent in this nonsense is typical of the tactics used by DFA in what has become over just a few years, one of the most immoral lobbying groups on the illicit drug landscape. Australia has high levels of cannabis use and abuse. This is handy in arguing that we have high drug use generally. A synopsis of the above is simply: Harm Minimisation has caused Australia to have one of the highest drug use levels in the world. We should be doing what America and the UK do.

The UK get a mention because they reclassified cannabis to a Class B (like speed/other amphetamines) from a Class C drug and punish users accordingly. Of 2.3 million USA prisoners in 2010, over 65% or 1.5 million meet DSM IV medical criteria for substance abuse or addiction. On top of this another 458,000 have a history that meets DSM IV criteria for addiction, were under the influence when they committed their crime, committed a crime to finance the purchase of drugs or were incarcerated for a drug law violation.

Between 1960 and 1990 official crime rates in Finland, the USA and Germany were similar. Incarceration in Finland dropped 60%, remained stable in Germany and quadrupled in the USA, driven primarily by drug convictions.

Today around around 80% of USA prisoners are incarcerated due to illicit drugs. 11% are receiving some type of “treatment”. The last thing Aussies need is a dose of the USA nightmare.

What of the impact of changing our strategy on HIV and consequently other types of blood borne virus transmission? The graph below is from a TED talk by Sereen El-Feki, vice-chair of the Global Commission on HIV and the law:

HIV infection in Injection Drug Users

Whilst Thailand and Russia have ignored Harm Reduction and Australia and Switzerland have embraced it the USA and Malaysia employed only some Harm Reduction techniques. Should Australia embrace USA tactics our prison population will explode, HIV infection in IV drug users will increase by about eight times the present rate and treatment – presently some of the best in the world with plunge to 11%. The cost to the public health purse would simply gut present programmes and destroy any hope of improvement for say, dental, mental health, public hospital care, nursing home care etc.

There is a 4 minute out-take from Sereen El-Feki’s TED talk in April this year below. Or download MP3 here.

The first case of AIDS was reported in Australia in 1983. At that time morbidity rates to rival World War II were expected. Following the innovative approach of HR, levels of infection in all demographics fell from 2,500 per year to 500 in the decade following inception of HR. This infection rate has remained stable.

At the time, initiation of clean needle supply contravened the states Drug Offensive which, already highly criticised, had regrettably escalated drug use and criminalisation via the failed “Just Say No” approach. The pilot programme ran from St. Vincents Drug and Alcohol Service on November 13 1986. It was run in the suburb of Darlinghurst. An evaluation recommended they should be adminstered by social workers, drug agencies, pharmacies, medical professionals and urged:

The urgent widespread introduction of needle exchange programmes in all states and territories

There needed to be an amendment to the Drug Misuse and Trafficking Act following which NSW pharmacies sold “anti-AIDS kits”. By mid 1989 there were 40 public outlets run across Sydney. By 1994 there were 250 outlets run by NGOs, government agencies and pharmacists distributing 3.5 million syringes annually. For the year 1993-1994 10.3 million syringes were distributed across Australia. The USA with 15 times the population of Australia distributed 8 million syringes in 1994-1995.

More comprehensive analyses refuted the concerns of increasing drug use. No increase in drug use was seen in any country that had instigated needle exchange and more so, attendance at rehabilitation and abstinence programmes had increased. Australia’s Commonwealth Department of Health (now Dept. of Health and Ageing) estimated that 25,000 cases of HIV were averted in the 12 years from 1988 – 2000 due to needle exchange alone (page 10 – 3.5.3).

The infection rate among Aussie IDU sat at around 3%. Users who were also MSM had an infection rate of 27%. In Russia where HR for drug users was denied, the figure for IDU was between 75 and 90%. One study in 1997 looked at 81 European cities with and without needle exchange programmes. Seroprevalence (measured from the presence of HIV within blood taken from used syringes) increased 5.9% annually in cities without clean needle distribution, and decreased 5.8% in cities with needle exchange.

In an astonishing comparison, Edinburgh with no NSP experienced a 65% HIV infection rate amongst IDU. Glasgow, less than an hours drive away and with NSP experienced a 4.5% increase in HIV infection amongst IDU. The one issue Australia faced was return of used syringes. Users were placing them in sharps bins. Yet to return any syringes to Exchanges meant risking being questioned by police. A used syringe is evidence of illicit drug use and this acted as a disincentive to return items for safe disposal.

Of note however is that fears and front page headlines of beach goers and joggers stepping on syringes and undergoing “agonising waits” for blood tests to be cleared of HIV infection are out of proportion. HIV dies very quickly once outside the body and syringes on beaches have been discarded into drains, washed out to sea and then beached. Nonetheless despite the absence of actual transmission it is an unpleasant experience which can be lessened by removing all offences for possession of a used syringe.

Clearly, Australia’s decision to take the necessary steps and bring together members of drug using demographics, gay rights advocates and prostitutes collectives and allow them to consult upon and shape this programme was one of it’s greatest public health initiatives ever.

Between 2000-2009 NSPs have averted 32,050 new cases of HIV and 96,666 Hepatitis C infections. Needles distributed increased from approximately 27 million to 31 million in that decade. For every one dollar invested, four dollars have been saved. 140,000 Disability Adjusted Life Years were gained over the same decade.

Still, conservative biblical fundamentalist group Drug Free Australia boldly inform us that Return On Investment is quite wrong and should show an expense. In earlier posts you can access from the tag on the right, I highlight how they cherry pick phrases and select data out of context. At other times they simply dismiss WHO findings based solely on the reviews of just one Swedish researcher, Dr Kerstin Käll.

So to be very clear, Dr Kerstin Käll, working for the Swedish government who are dodging UN demands to establish more Needle Exchanges and accelerate HR or remain in breach of the international right to health, conducted no research but criticised methodology that was favourable of NSP success. Her own research argues regular testing for HIV is more of a prevention – yes prevention – than clean needle supply.

It’s easy to get confused because whilst Käll supports NSP programmes as reducing hepatitis C in prisons DFA refute any change in HCV attributable to NSP programmes… anywhere. They also lobby stridently against the establishment of needle exchange in Australian prisons. Of course, despite the evidence above they insist the impact of NSP on HIV is “inconclusive”.

Ultimately it’s irrefutable how successful Harm Reduction has been in controlling the spread of blood borne viruses. Paramount amongst these is HIV, Hepatitis C and Hepatitis B. The most significant and visionary measure to now apply would include steps to decriminalisation and regulation.

Today however, this is where Australia is falling behind.

The Australian Vaccination Network

Posted in Alternative "medicine" scams, Health, Human Rights, Legal, Scam by

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

Posted in Alternative "medicine" scams, Anti-Vaccination Lobby, Big Placebo, Chiropractic, Denialism, Health, Human Rights, Scam, Science by

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

Posted in Anti-Vaccination Lobby, AVN, Denialism, Health, Human Rights, Judy Wilyman, Legal, Meryl Dorey, Scam, Science by

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.