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Dr. Charles Ray Jones is being charged by the Connecticut state medical board with unprofessional conduct. The charges were initiated by an estranged spouse in a custody dispute. In Honor of Dr. Charles Ray Jones by, Sandy Berenbaum, LCSW
NEXT
HEARING
CHARLES RAY JONES, M.D. Madison Towers 111 Park Street, 1st Floor New Haven, Connecticut 06511 Tel (203) 772-1123 Fax (203) 772-0682 September 5, 2008 Dear Friends, I would like to update you on the status of my
legal defense fund, as well as the current
charges before the medical board, that I am fighting in
Connecticut. It is important
for people to understand how important this case is, not only to my
practice, but to the general Lyme community, and the different legal
efforts under way on the part of my legal defense team.
Finally, I will address specific questions that have come up, for
example, regarding my malpractice insurance coverage. I. Status of the Legal Defense Fund: As in all law firms, a partner is not permitted to allow receivables to run uncontrolled without taking action. Attorney Pollack was therefore informed that he could no longer represent me, if the arrears were not collected. This created the urgency that I had expressed to you in my previous update to the community. In addition to payment for past work (which I have described for you below), the law firm requested an additional retainer for future services, to be confident of the solvency of the legal defense fund going forward. This was the basis of the second (August) deadline, that I had shared with you. Money has been coming in steadily since that time, with literally many hundreds of donations in varying amounts. These have arrived in the form of cash, checks, as well as through the Paypal account, which is once again available for this purpose. I have been extremely grateful and touched to see the Lyme community mobilize so quickly in this way. As of August 25, 2008, we have raised approximately $101,000. While we were not able to meet the amounts stipulated for the two deadlines, or to pay off the previous bill in full, the firm also has been impressed by this tremendous outpouring of support. For the time being, the stellar legal representation provided by Attorney Pollack and his associate, Christine Collyer, remain in place. Attorney Lorraine Johnson continues to consult as needed for the case, providing her services without charge for over a year. I am very grateful to her for her continued support. We must continue to demonstrate financial support, however. Bear in mind that the ongoing legal services are incurring additional fees. This is described in more detail below. II.
Status of the Charges Against Me and Associated Legal
Representation: I want to explain the nature and extent of the legal representation which Attorney Pollack has been providing, in order to assure you that your donations are being put to excellent use. Currently, there are two separate and distinct cases against me. The original case is under appeal, and the second case pertains to a new set of charges regarding a different set of patients: First
case I was brought up
on a series of charges pertaining to two children from one family in
Nevada, whose parents were involved in a post-divorce decree custody
dispute. In its decision
last December, 2007, the Connecticut Medical Examining Board (CMEB)
imposed the following sanctions against me:
a $10,000 fine, a reprimand and probation for two years.
I did not lose my license
to practice medicine. The most dangerous part of that decision was really not the
sanctions that were brought against me personally, but a newly
formulated four part test (or standard of care), introduced at the very
end of the proceedings. The
test said that any patient with a) non-specific symptoms, b) a
non-specific history, c) who lives in an area of low endemicity, and d)
has a negative test for Lyme disease could not be diagnosed with Lyme.
Left unopposed, this test would set a very dangerous
precedent, and could be used against other doctors to shut down the
treatment of chronic Lyme disease. Furthermore, by
introducing it at the end of the proceedings, my legal team had been
denied any opportunity to challenge or oppose it.
It clearly had to be appealed.
Appeal
of the First Case This was based
on a number of factors: 1.
As a defendant, I was not given the opportunity to defend against
this newly enunciated standard and because of this, it should be
dropped. This aspect of the
appeal is very important to the Lyme community, because it could be very
damaging to patients seeking diagnosis and treatment (see above). 2. Another
basis for appeal pertained to the fact that Commissioner Galvin, of the
Connecticut Public Health Department, had made multiple public
statements that there is no single, accepted treatment for Lyme disease,
and that he would not go after physicians who treated Lyme differently
from the IDSA guidelines. The
fact that the CMEB then upheld this new standard of care in its findings
directly contradicted his assurance.
This is a
violation of “due process,” since I was prosecuted according to that
standard despite previous reassurances to the contrary.
The prosecution was saying that I violated the standard of care
that clearly was NOT the standard of care at the time I saw these 2
children. 3.
A third basis for appeal pertains to the discovery of significant
bias on the part of one of the panel members. We learned about it the
day that the CMEB approved the panel’s recommendations, when the
parents of a patient, who were attending the final session of the
hearing, recognized the
panelist. This physician (the only pediatrician on the panel) had
expressed very significant bias against me and other Lyme literate
physicians to them while seeing their child, stating that doctors who
treat Lyme are quacks and making other highly negative remarks.
He had stated this to them during the time that the hearings were
taking place and he was serving on the panel. The parents
approached Attorney Pollack, and have filed affidavits pertaining to
this matter. A hearing will be held in Superior Court some time after
Labor Day, to review the question of the panel member’s bias.
Whether or not the court accepts our position of bias, the
parties will file briefs and present oral argument with a Superior Court
judge. In the meantime,
it is important to recognize that, despite the disappointing
recommendations issued by the panel and upheld by the CMEB, this case
was not lost. As Attorney
Pollack pointed out in his talk at the recent University of New Haven
event in which I was honored, I have retained my license and continue to
practice. Most of the
charges that I was found “guilty” of have been stayed, or suspended,
pending the outcome of the appeal. The
one exception is the monitoring requirement, but even this was
substantially modified: the
controversial standard recommended by the panel, a potential threat to
all practicing Lyme doctors, has been suspended, pending the outcome of
my appeal. Second
case(s) As most of you
know, the Department of Health has filed another series of complaints
against me related to other patients.
This set of charges differs from the first case in that it
involves three separate families, with the respective cases conjoined
into one proceeding. Although
the exact facts differ, the cases are similar in that two of them
involve non-custodial fathers filing complaints.
One case includes the criticism that I ordered tests before
examining the patient. Another
involves a child with an EM rash documented at the Stamford Hospital
emergency department, along with symptoms indicating infection with
Borrelia burgdorferi. In
none of the cases were any of the children involved harmed; indeed, as
with the first case, the children all are doing very well. A new set of
hearings are already underway. It
is not expected that these will go on for a long time.
Dr. Lawrence Zemel has testified as the expert witness for the
Connecticut Department of Public Health, promoting the IDSA standard of
care in his assessment of my diagnosis and treatment of tick borne
diseases in the first of these cases.
The mother in that case has testified under oath that her
ex-husband admitted to her that he had lied about my care in his
complaint to the Connecticut Department of Public Health.
As always, I
extend a hearty invitation to you to attend these hearings, which will
take place at the Department
of Public Health complex, 410 Capitol Avenue, Conference Room C,
Hartford, CT 06134, from 9:00 a.m. to 4:00 p.m.
The following dates have been scheduled: September
12th October
10th October
28th November 7th III. Other
Questions and Issues: 1.
Will this ever end? Some of you have asked if the Connecticut Department of Public Health has other charges on which to continue to prosecute me for my practice of pediatric Lyme disease, until it succeeds in shutting down my practice. We are not aware of any further cases being lined up, and have reason to feel optimistic that we can prevail in the current proceedings. The considerable support of the Lyme community has been highly visible, through letters, attendance at the hearings, and monetary donations, enabling me to retain a highly competent and uniquely qualified legal defense team. Validation of my practice has been supported by Andy Wilson in his highly acclaimed documentary film, “Under Our Skin”, and by Pamela Weintraub in her excellent book, “Cure Unknown.” It is not unreasonable to expect that the Department of Public Health will think twice before initiating new proceedings that are so costly to all involved, including Connecticut taxpayers. I do believe that an end is in sight. 2. Do I carry malpractice insurance? Some of you also have asked if I carry malpractice insurance, and why that does not cover the current charges that have been brought against me. Please be assured that I am indeed covered by malpractice insurance, but this coverage only applies to malpractice cases, which are based on damages to the patients involved and are heard in civil court. In the state of Connecticut, malpractice coverage includes a small, separate rider which may be applied to medical board complaints. However, this coverage may be utilized only in complaints in which physical harm has occurred to the patients in question. Since no physical harm has occurred (or even been alleged) in these Department of Public Health cases and no patient has ever sued me, I am not allowed to draw on the coverage, nor is the sum large enough to cover very much. 3.
Have my legal fees been excessive? Some of you have wondered why my legal defense has been so costly. The fees have been incurred because the legal representation has been very time-consuming, careful, complex and multi-faceted:
We have known from the outset that Pullman & Comley does not provide pro bono legal services, and Attorney Pollack is accountable to partners in his firm. As I mentioned above, Attorney Lorraine Johnson has continued to provide legal consultation as needed for the case, without charging for her services for over a year. Attorney Pollack’s deep commitment and support have been demonstrated not only by his careful preparation and representation regarding the legal proceedings themselves, but also by both his and Attorney Collyer’s pro bono participation in a number of activities and events designed to heighten understanding and awareness of Lyme disease: I am sure that many of you have seen Attorney Pollack at the following events:
Additionally, Attorney Collyer has attended the following events: · the Time for Lyme Gala in March 2007; · an afternoon fundraiser held at a Greenwich home · the recent event at the University of New Haven on August 7, 2008. ·
I believe with all of my heart that we must stand up for
what we believe and know to be right in the matter of diagnosis and
treatment of tick borne disease, especially in Connecticut, where Lyme
disease was first identified in this country and is rampant;
·
I also am painfully concerned about the lack of effective
care for children afflicted with tick borne disease, particularly the
youngest and most impaired children.
Had I decided not to fight
these charges when all of this began five years ago, several thousand
pediatric Lyme patients would not have received an appropriate diagnosis
and treatment for their tickborne disease; ·
A successful outcome for me will both hearten and protect
other physicians who wish to diagnose and treat Lyme disease
comprehensively; ·
We must send a clear message to health departments across
the country that we will not be bullied, or allow our right to medical
treatment to be trampled. 5.
What will happen to donations that may be left in the legal
defense funds after this is over? Because we still owe money, and will be incurring additional legal fees, it is hard to imagine that this will be a problem. However, two possibilities are being considered, in the unlikely event that this becomes an issue: the money could be used to form a legal defense fund for other Lyme-literate physicians who may be brought up on medical board charges. Alternatively, the money could be donated to a fund designed to provide treatment to the children of Lyme disease who otherwise would not be able to afford it. We will make every effort to issue more frequent updates regarding the status of the legal defense fund, including recent donations, legal fees and the current balance. In this way, you will be able to assess this question for yourselves. This struggle has been costly and will continue to require your financial support in order to prevail. Some important fundraisers may be in the works, and we are aware of some potential donors who may be willing to contribute larger sums. Should that occur, I will certainly advise the Lyme community as soon as there is news. But it has been the steady stream of donations from so many of you that has kept the fight afloat in these past few, highly crucial months, and has made such a positive impression. I hope that you will continue to find the means to continue to support this fight, despite the hardships which I know that so many of you already live with. The current instructions for donating to my legal defense fund are noted below. These instructions also are posted on Kay Lyon’s website: http://lymesite.com/DrJones_please_send_a_contribution_to_th.htm For those of you who may have additional questions not answered by this update, I invite you to send them to me by letter or by fax: 203-772-0682. I would ask that you keep phone calls to a minimum, reserved for urgent matters only, given the very high volume of patient calls that the office receives. Please know that your prayers, good wishes and letters of support also have made a huge difference to me, enabling me to maintain my determination to prevail. With warmest wishes, Dr.
Jones Charles Ray Jones, M.D. HOW TO DONATE TO THE LEGAL DEFENSE FUND: Make Donations payable to: "
Pullman & Comley Trust Account-for Dr. Charles Jones" To use PayPal to
donate to the defense fund, go to the following web address: http://lymesite.com/Dr_Jones_use_paypal_to_make_donations_to_.htm ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ This message can be found on the LDA site:
http://www.lymediseaseassociation.org/
For distribution from CHARLES RAY JONES, M.D.
July 7, 2008
Dear Friends,
Urgent! I must raise $90,000 by July 14, 2008 and an additional
$110,000 by August 10 in order to retain the legal team which has been
representing me. If these sums are not raised, I will not be able
to continue defending the charges brought against me by the Connecticut
Department of Public Health for my treatment of children with Lyme
disease, and I fear that I will be forced by the Connecticut Medical
Examining Board to resign my license to practice medicine and to retire.
This must not happen!
I understand all too well the considerable hardship that Lyme disease has imposed on too many families, and regret the need to appeal to you yet again for donations to my legal defense fund. Yet the prospect of surrendering this critical fight is more daunting: If I do not continue to oppose these charges, how many more physicians will be left vulnerable to similar charges for their treatment of Lyme disease? How many more sick children will be abandoned? I recognize that the figure of $200,000 appears overwhelming. However: · If 10,000 families contribute $20, we will be able to meet our goal; · If 4,000 give $50, we will be able to meet our goal; · If 2,000 give $100, we will be able to meet our goal; · If every member of the Lyme community gives something, we will reach this goal!!! I am confident that we can succeed, but I need the help of each and every one of you. Time is of the essence and you must respond today. In return, I pledge to you that I will not give up this fight.
With my greatest appreciation,
Dr. Jones Charles Ray Jones, M.D.
HOW TO DONATE TO THE LEGAL DEFENSE FUND:
Make Donations payable to: "Pullman & Comley Trust Account-for Dr. Charles Jones" Mail to: Elliott B. Pollack c/o Pullman & Comley, LLC 90 State House Square Hartford, CT 06103-3702 Note "gift" in the memo field ++++++++++++++++++++++++++++++++++++++++++++++++++++++++ For Distribution: Posted on behalf of Dr. Jones:
The next session before the Connecticut Medical Examining
Board will take place on Tuesday, June 10, 2008 at 9:00
a.m. at the Department of Public Health located at 410
Capitol Avenue, Hartford, CT., Hearing Room C. At that time, the
Department will finish its examination of Dr. Zemel, its expert witness,
and Attorney Pollack is scheduled to cross-examine
him.
At the last session on May 9, we heard testimony from one of the fathers
involved in the current set of charges against Dr. Jones. The other
witness who was scheduled to testify was Dr. Harwin, the
retired pediatrician who had served as the expert in pediatrics for
the Department of Public Health (DPH) in the last case. He did
not appear, however. We learned from Attorney Tilles, the prosecutor for
the CT DPH, that Dr. Harwin will
not testify at all in this case. Those of us who were
able to attend this previous
session were struck by some of the insightful questions asked
by the hearing panel.
Dr. Jones extends a warm invitation to all who
are interested to attend the next hearing session on June
10. For those of you who aren't able to make the trip, please know how very
much he appreciates your support and good wishes from afar.
For those of you who can't attend in person and would like
to support Dr. Jones, a number of opportunities currently are
available for contributing to the Charles Ray Jones, M.D. Legal Defense
Fund:
1. Purchase a book or other item from Amazon.com by accessing
the link through Kay Lyon's website, and 4% of your total purchase will
be donated to Dr. Jones' fund: http://www.lymesite.com/amazon%20fundraiser.htm
2. Book signing and sale of Cure Unknown
by Pamela Weintraub, science journalist: hosted by Drs.
Russell Donnelly, Sheila Statlender and Family on Saturday, June 7,
2008 from 1:30 to 4:30 p.m. 50% of the proceeds from book
sales at this event will go to Dr. Jones' fund. For those who
can't attend, it will be possible to order a copy which we will mail to
you. Watch for more information, or email SStatlende@aol.com to
place an order for this book.
3. Donate directly to the Charles Ray Jones, M.D. Legal Defense
Fund (note new instructions below):
Make Donations payable to " Pullman & Comley Trust Account-for Dr. Charles Jones" Mail to: Elliott Pollack c/o Pullman & Comley, LLC 90 State House Square Hartford, CT 06103-3702 Note "gift" in the memo field
If you are a patient of Dr. Jones and would like
to
write a note of support, please send your letters to him at:
Charles Ray Jones, MD
Madison Towers 111 Park Street, 1st Floor
New Haven, CT 06511
Thanks very much for your attention, concern and support!
Warmly,
Sheila
Tuesday, March 18, 2008 11:52
PM Wednesday, December 05,
2007 10:35 PM NOVEMBER 29, 2007 CHARLES
RAY JONES, M.D. Tel (203) 772-1123 Fax (203) 772-0682 Dear Friends, I
would like to take this opportunity to thank each and every one of you
who have stood by my side and supported me during my defense of the
charges brought against me by the Connecticut Department of Public
Health. I have greatly
appreciated the many expressions of caring and concern expressed through
letters, attendance at the hearings in In light of your concerns, and because your donations have been key to maintaining my legal defense, I feel that it is time to issue another “state of the union” regarding my case, as well as the status of the legal defense fund. As
of this date, the hearing panel assigned to my case is still in
deliberations regarding the outcome of the charges against me. Even
though the hearings themselves are finished, the hearing panel has been
meeting over the past couple months to deliberate my case. I previously
announced that we expected them to issue their decision sometime in the
Fall of 2007. While I would like to interpret it as a positive sign that
they have not issued a hasty decision, the lengthier time frame also has
required ongoing attention from my legal team, with associated legal
costs continuing to accrue. Also, as I had announced previously, the
Connecticut Department of Public Health has indicated that it still
plans to move forward with the four additional complaints brought
against me, regardless of the outcome of the this case.
These four complaints have been “joined,” meaning that all
four complaints will be heard in one legal proceeding. Recently, I issued a statement through Kay Lyon to the effect that my legal expenses have been running $1,000 per day. I would like to explain that this figure is derived from the bills which we have been receiving on a monthly basis, and includes legal fees, (e.g., legal research, preparation for and face time at meetings and at the hearings, etc.), fees incurred by expert witnesses and consultants, transportation, and so on. I continue to have the utmost confidence in my legal team, which is doing a remarkable job on my behalf, and ultimately for the children of Lyme who are so vitally in need of access to treatment. I
also would like to take this opportunity to clarify a misstatement
attributed to me in an article published in the Yankee Magazine
(July-August, 2007, p. 96), which stated:
“For his legal defense fund, almost a million dollars has been
raised by his patients’ parents and, in some cases, by his patients
themselves.” What I
actually said was that, when
all this is over, the legal costs related to my defense could
well be in excess of one million dollars, including legal fees,
expert witnesses’ fees, transportation, and other costs. This
pertains not only to the current case, but also to the costs incurred
due to the four additional complaints. Some of you have asked for more information regarding the management of the CRJMDLDF, and I would like to take this opportunity to address your questions. The CRJMDLDF is set up as a “blind fund,” meaning that I have no control over how the money is spent. Checks are made out to the CRJMDLDF and can only be deposited into an account administered by George Heath III, a certified public accountant, who has volunteered to take the position as comptroller of the fund. Only he can write checks to pay for legal expenses and other bills generated by my legal defense (expert witness fees, travel costs, etc.). Several other CPA’s had volunteered to oversee the legal defense fund, but George Heath was first on board and has had a longstanding interest in matters related to Lyme disease. Please
note that the money earmarked for the CRJMDLDF is in no way connected
with any Lyme disease advocacy group.
Non-profit organizations by law are prohibited from becoming
involved in legal defense funds. I
state with the utmost assurance and confidence that any and all monies
contributed to my legal defense fund are being utilized solely for my
legal defense, and for no other purpose. With all this in mind, it is important for you to understand that we must keep a balance of at least $30,000 in the legal defense fund at all times, to ensure that funds will be available when needed: At
the present time, the legal fund is exceedingly low, and we are barely
able to meet our expenses. More
funds are urgently needed. While it pains me deeply to see the already stretched resources of the Lyme community going to pay for legal fees, instead of much needed medical treatment and research, it is nevertheless vitally important that we prevail in our current efforts. With this in mind, I once again must ask you to consider a donation to the CRJMDLDF, in whatever amount your circumstances permit. For those of you who are unable to contribute financially, please know that your letters and other expressions of support have been vitally important as well. You may donate to my fund in either of two ways: 1) By check: make payable to the CRJMDLDF; write “gift” in the memo section and mail to: The Charles Ray Jones, M.D. Legal Defense Fund c/o George Heath, III (CPA) 2) By credit card: a website is now ready to take Paypal credit card contributions to the defense fund: http://www.DefendLymeDoctors.com If
you would like to express your support in another way, please send
letters to me at my office: I extend to each and every one of you my sincere and heartfelt thanks, and my very best wishes for a happy and healthy holiday season. Sincerely, Dr.
Jones Charles Ray Jones, M.D.
March 10, 2007 Message from Dr. Jones about the Sept. 28, 2006 Hearing Charles Ray Jones, MD
Dr. Jones speech June 2 2006
It’s
an honor to be here with my colleagues who are speaking and our
emcee Brooke Landau. I enjoy the work that I do and I’m glad
that I have the opportunity to treat the children of Lyme disease. I
feel I have a deep need, a deep calling to do so and will continue
to treat the children of Lyme disease as long as I physically and
mentally can. As many of you are aware, my license to practice
medicine in CT is in jeopardy. I am in a position now of going
through a series of hearings before the licensing board to determine
whether the charges against me can be validated. There is a
third one coming up on the 22nd of June. This is the
beginning of the defense series of hearings. I welcome and extend a
hearty welcome to each and all of you to come and see what is going
on in the legislative hearings. Several people have been to the
first two hearings and have seen the superb effectiveness of my
legal team. In order to continue to have the same legal team and win
and have the charges dropped, or at least modified, I need your
continued efforts, your financial support to be continued, your
thoughts and your prayers and your presence. Thank you. Charles Ray
Jones M.D., Lyme Rally, Hartford, CT, June 2, 2006
This is message is from Dr. Jones in regard the details of the case:
First
Do No Harm As a physician in the practice of pediatric and adolescent medicine, I have evaluated and treated over 8,000 children with Lyme and other tick-bourne diseases from every state in America, from most provinces in Canada, from countries in South America, and from every continent abroad. No other pediatrician in the world has my experience in evaluating and treating these diseases. My
office receives 5-10 inquiries per day from parents who are desperate to
obtain an adequate evaluation of their children with Lyme and other
tick-bourne diseases. Due to my very busy 10 hour per day, 6-7 day per week
Lyme practice, there is a 5-6 month delay between office contact and an
actual office visit. In order to do no harm by delaying evaluation and
treatment, a history and lab test are obtained. Treatment is initiated prior
to an office visit if a probable diagnosis can be made. Most of these
children have already suffered from a delay in diagnosis and/or inadequate
treatment of their tick-bourne disease. This
is the background that led me to evaluate and treat two children from Nevada
prior to my seeing them. My diagnosis of probable gestational Lyme disease
and tick acquired Lyme disease was made on the basis of the history
presented by their mother and my over 30 years of treating children with
tick-bourne diseases. I have been reported to the Connecticut licensing
board and have been charged with making the diagnosis of Lyme disease and
initiating antibiotic treatment prior to examining them in my office and
therefore am in violation of the usual and customary standard of medical
care. I
have been offered the opportunity to have these charges dropped by retiring
and surrendering my license to practice medicine in the state of Connecticut
or I can appear before a panel of the Connecticut Medical Examining
Board to include Martin Harwin, M.D. (a retired pediatrician) and
Eugene Shapiro, M.D. (Yale-New Haven Hospital) for a formal hearing to take
place in late January, 2006. I do not intend to retire because I still have a firm calling and commitment to continue to help children with Lyme and other tick-bourne diseases. Thank
you for your help. Charles Ray Jones, M.D.
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( Awesome photo by Roanna )