Recently, I wrote about the court case of a French naturopath. Last week, the judge has issued his verdict. Miguel Barthéléry was sentenced to a two-year suspended prison term and to a fine of 5 000 Euros. Two cancer patients had died following his treatments and recommendations. Barthéléry was also found guilty of impersonating a doctor and illegally practising medicine. In addition, he was also banned for life from practising as a healthcare professional.
The Paris criminal court found that Miguel Barthéléry had deliberately created confusion about his qualifications by presenting himself as a doctor on the internet and in text messages to the two victims. The defendant had claimed to have a doctorate and a post-doctorate from the United States. The judgment “has the consequence of dissuading all those who engage in the same abuses, they are now warned that we can not do anything with the health of people,” said the judge.
The case had begun in February 2019 with the complaint of the companion of a man who had died two months earlier of testicular cancer. Diagnosed in 2016, the patient had not consulted a doctor but had preferred to follow a “health plan” drawn up by the naturopath. It was based on fasting and cures, raw food, and essential oils. Later, the family of a Belgian physiotherapist, who died of uterine cancer at the age of 39, joined the legal case. However, according to Code Source, the Parisien podcast, the case is more extensive, with seven further suspicious deaths of Barthéléry’s patients.
Barthéléry’s lawyer said that the decision “raises questions more generally about the appreciation that we now have of alternative therapeutic practices, which now seem, although not prohibited by law, to be subject to condemnation by the courts.”
The bad news for German homeopathy just keeps on coming. As I reported, recent events must be depressing for homeopaths, e.g.:
- A recent investigation disclosed that the German homeopathy cult is at the heart of Germany’s anti-vax movement.
- In July 2021, a German court ruled against a homeopathic HCG remedy.
- In 2020, a German study failed to show that homeopathy is cost-effective.
- In 2019, the attempt by a German homeopathy manufacturer to silence critics backfired spectacularly.
- About 10 years ago, 5 German firms clubbed together supporting a journalist at the tune of Euro 30 000/year to defame me (at the time I was one of the few who regularly informed the public about the evidence on homeopathy). The plot was discovered and published whereupon the journalist committed suicide.
After heated debates in the run-up, the Bavarian Medical Association decided yesterday to ditch the postgraduate education program in homeopathy for its doctors. This means that, of the 17 regional medical associations in Germany, 12 have now discontinued their further education efforts in homeopathy. The ones that have not yet done so are:
In the past months, homeopaths had collected 11,597 signatures in favor of maintaining the additional qualification of homeopathy. The ~ 400 doctors in Bavaria, who have acquired ‘homeopathy’ as an additional title, will be permitted to continue to use it.
The spokesperson of the Information Network Homeopathy, Dr. Christian Lübbers, welcomed the decision of the Medical Association. It was a “landslide victory for patient safety”, he said. The Bavarian regional chairman of the German Central Association of Homeopathic Doctors, Dr. Ulf Riker, regretted the outcome of the vote and added: “We will consider legal steps very seriously.” I would advise against such a step which would only render homeopaths more ridiculous than they already are.
Yes, it’s bad news for German homeopaths – very bad news indeed. Of course, homeopathy fans will claim that it is all a sinister conspiracy against them. Sadly, they are unable to realize that the only driving force behind the long-overdue decline of German homeopathy is the evidence: HOMEOPATHY DOES NOT WORK BEYOND PLACEBO and therefore it has no place in the evidence-based medicine of the 21st century.
On 19-30 April 2021 & 1-2 September, 2021 the Professional Conduct Committee of the General Chiropractic Council considered the case of Arleen Scholten, the chiropractor who treated John Lawler, the patient who died after her treatment. Details of the case can be found in the following posts:
- Former chiropractor fined after death of MS patient receiving hyperbaric oxygen therapy
- Death by chiropractic: thoughts about the sad case of Mr Lawler
- The death of Mr Lawler highlights the scandals of chiropractic
- Death by chiropractic neck manipulation? More details on the Lawler case
The Committee considered there had been breaches of the Code, those breaches occurred as a result of Mrs. Scholten’s state of mind at the time and not as a result of a deliberate intention on her part to be inaccurate or misleading. In light of those circumstances, the Committee considered other members of the profession and fully informed members of the public would not consider her failings to be morally reprehensible or deplorable, but rather would consider them regrettable but understandable in the exceptional, albeit tragic, circumstances of this case. The Committee, therefore, agreed with the GCC’s expert witness Mr Brown and did not think Mrs Scholten’s conduct fell far short of the standard required of a registered chiropractor. The Committee was not satisfied, therefore, that her behaviour amounted to unacceptable professional conduct. Accordingly, the Committee found the allegation of UPC not to be well-founded.
How can this be right?
To remind us of the case, here is what I wrote about it previously:
The tragic case of John Lawler who died after being treated by a chiropractor has been discussed on this blog before. Naturally, it generated much discussion which, however, left many questions unanswered. Today, I am able to answer some of them.
- Mr Lawler died because of a tear and dislocation of the C4/C5 intervertebral disc caused by considerable external force.
- The pathologist’s report also shows that the deceased’s ligaments holding the vertebrae of the upper spine in place were ossified.
- This is a common abnormality in elderly patients and limits the range of movement of the neck.
- There was no adequately informed consent by Mr Lawler.
- Mr Lawler seemed to have been under the impression that the chiropractor, who used the ‘Dr’ title, was a medical doctor.
- There is no reason to assume that the treatment of Mr Lawler’s neck would be effective for his pain located in his leg.
- The chiropractor used an ‘activator’ which applies only little and well-controlled force. However, she also employed a ‘drop table’ which applies a larger and not well-controlled force.
I have the permission to publish the submissions made to the coroner by the barrister representing the family of Mr Lawler. The barrister’s evidence shows that:
The chiropractor, Mrs. Scholten, had been accused by the GCC of unacceptable professional conduct. The exact text of the GCC reads as follows :
1. Between 31 July 2017 and 11 August 2017, you provided chiropractic care and
treatment to Patient A at Chiropractic 1st, 68 The Mount, North Yorkshire, YO24 1AR,
2. On 11 August 2017 you provided treatment to Patient A which included:
a. a drop technique applied to the thoracic spine;
b. the use of an Activator applied to the thoracic spine;
c. the use of an Activator applied to the cervical spine.
3. Following the drop technique, Patient A indicated he was in discomfort and had lost sensation in his arms and you inappropriately continued treatment.
4. During the course of a subsequent 999 telephone call:
a. you told the call handler that Patient A had laid on the adjusting table and you had used the Activator on his midback;
b. you told the call handler that when you were using the Activator on Patient A’s midback he had said his hands had gone numb;
c. you told the call handler that as Patient A was elderly you had never used any manual adjustment on Patient A;
d. you omitted to tell the call handler that you had used a drop technique on Patient A;
e. you omitted to tell the call handler that Patient A had first expressed discomfort following the drop technique;
f. you omitted to tell the call handler that you had treated Patient A’s cervical spine.
5. When paramedics arrived at the Clinic:
a. you told them words to the effect that you had manipulated Patient A’s midback with the use of an Activator;
b. you told them words to the effect that Patient A had first complained of discomfort when you had been using the Activator on his midback;
c. you omitted to tell the paramedics you had used a drop technique on Patient A;
d. you omitted to tell the paramedics that Patient A had first expressed discomfort following the drop technique;
e. you omitted to tell the paramedics that you had treated Patient A’s cervical spine;
f. you demonstrated the force applied by an Activator on one of the paramedic’s arms.
6. In Patient A’s records for 11 August 2017:
a. you recorded that you had used the Activator on Patient A’s thoracic spine at T2/3 level;
b. you recorded that Patient A had directly said his arms felt numb;
c. you omitted to record that you had used a drop technique on Patient A;
d. you omitted to record that you had treated Patient A’s cervical spine.
7. Your comments and omissions as set out above at 4 and/or 5, and/or as recorded at 6 above, were;
c. dishonest in that you intended to mislead as to the precise details of the treatment you had provided Patient A
Mr Goldring, on behalf of Mrs Scholten, indicated that the following facts were admitted: Particulars 1, 2(a), 4(a), 4(b), 4(c), 4(d), 5(a), 5(b), 5(c), 5(f), 6(a), 6(b), 6(c) and 7(a) and (b), insofar as they related to the aforementioned admitted facts. The Chair therefore announced that those matters were found proved. Later in the proceedings Mr Goldring indicated that 7(a) and 7(b) were not in fact admitted in respect of 4(c) and 6(b), since it was Mrs Scholten’s case that she had not used any manual adjustment on Patient A, (Particular 4(c)) and the record that Patient A had directly said his arms felt numb was accurate, (Particular 6(b)). Accordingly, the Chair formally announced that position.
END OF QUOTES
I am totally baffled by this ruling.
- What about the fact that the chiropractor’s treatment was not even indicated?
- What about the fact that no informed consent was obtained?
- What about the fear that the chiropractor moved her patient after the injury had happened and made an attempt of ‘mouth to mouth’ resuscitation which seems to have aggravated the injury?
- What about the fact that she misled the paramedics which then caused them not to stabilise Mr. Lawlwer’s neck?
Is the GCC truly saying that, as long as a chiropractor panics, all these mistakes can be excused? I am at a complete loss trying to understand the GCC ruling and very much hope that someone can explain it to me.
By guest blogger Ken McLeod
RICHARD MICHAEL NILSSON is the owner of Colloidal Minerals Australia Pty Ltd, ACN 003 484 955, of Wyongah New South Wales (NSW), Australia. On August 13 he was convicted in the Wyong Court, after pleading guilty to offences including intimidation with intent to cause fear of physical or mental harm.
Nilsson is a prolific antivaxxer, deluging unlucky politicians, journalists, health officials, etc with emails containing misinformation about vaccines and warning of the dire consequences to come to anyone involved in vaccination programs. He has been known to harass and threaten. Usually recipients have better things to do than engage with a crank, but he has been known to go too far.
As the Sydney Daily Telegraph reported on 14 August 2021: “Anti-vaccine activist Richard Nilsson pleads guilty to sending death threats.”
“A Central Coast anti-vaccine campaigner who sent death threats to The Sunday Telegraph journalist Jane Hansen has pleaded guilty to the charge of using intimidation to unlawfully influence a person.
“Richard Nilsson, 66, from Wyongah, sent an email to Ms Hansen’s work email address on the evening of February 27.
“The subject of the email was “WHEN IS A MURDER WARRANTED? YOURS, YES?”
The contents of the email read: ‘I am proposing that your murder might well be a celebration of not life but death! And what a celebrated and glorious one at that!
‘I know ten thousand that would do it, but of course it only needs one and you will never know until it is too late!
‘I expect you might meet your maker, maybe in the near future … the sooner the better, yes?’
“Ms Hansen has reported widely on vaccination since 2013 when The Sunday Telegraph launched the No Jab No Play campaign, and more recently has reported on the vaccine rollout for Covid-19.
“On February 27, the evening the email was sent, Sky News re-ran a documentary made by Ms Hansen called Big Shots, which looked at anti-vaccine activity in relation to the pandemic and the vaccine rollout.
“Mr Nilsson followed up his email with another with the subject line: “WHEN IS SLUT NOT A SLUT AND IS A SELECTIVE SLUT STILL A SLUT?” before launching into a barrage of abuse.
“Mr Nilsson, who runs a business selling colloidal silver, faced Wyong Court on August 11 and pleaded guilty to a charge of use intimidation/violence to unlawfully influence a person.
“He received an 18-month Community Corrections Order to be of good behaviour.
“Ms Hansen said threats to journalists who write on the subject of vaccination were not unusual but Mr Nilsson’s emails were unsettling in their violence.
‘All journalists get abused on occasion, especially on the currently highly emotive topic of vaccination, and mostly it is best ignored but this email was next level and no one should have to put up with such vile abuse,’ she said.
“Mr Nilsson is well known by politicians, who have also received numerous emails from him suggesting all manner of conspiracies, including that Covid vaccination is a mass depopulation exercise.”
Nilsson appeared before His Honour Ian Guy in case number 2021/00159728, R V Richard Michael Nilsson. He was convicted of stalking or intimidation with intent to cause fear of physical or mental harm, an offence under section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). This attracts a maximum penalty of 5 years imprisonment and/or $5,500. He could also have been convicted of using a carriage service to menace, harass or cause offence, an offence under section 474.17 of the Criminal Code Act 1995 (Commonwealth of Australia). That carries a maximum penalty of 3 years imprisonment.
He was sentenced to a Community Corrections Order requiring him to be of good behaviour.
A rational person would have thought themselves lucky that they had avoided years of a high-fibre low-calorie diet of porridge and baked beans, but we are not dealing with a rational person here.
Hardly was the ink dry on the Court file, than on the 15th, two days after he was found guilty, Nilsson pounded his foam-flecked keyboard and sent another rant in an email to 130 people and organisations, including politicians, Skeptics groups, a Radiation Oncologist, government departments, doctors, political parties, people in the horse-racing industry, scientists, journalists, lobby groups including climate and conservation organisations, mental health groups, the National Security Hotline, and a coal mining company.
It reads: “Subject: FW: The Hidden Victims of the Covid Vaccine and why I included you all in this email…
“When will it be that enough lives have been ruined and enough have been murdered? And when will the maiming and the killing end?
“My hope is that some of you here own up and confess (I know who among you are in this group and I suspect in time you will all pay a heavy price for your crimes and transgressions), while others it is incumbent upon you to inform all those you purport to represent that the maiming and killing that has transpired and of course is inevitably and scheduled to transpire will continue until such time we say: f_ ck you!
“I know, and some of you know too, who the traitors are. Scott Morrison is just one and Greg Hunt is another and of course Jane Halton, Brendan Murphy and Paul Kelly are other worthless humans and are included and we know they are just tools – plasticised and fake as they are.
“I have an incomplete list of those who need to answer for their crimes and it does not include all I have included in this email.
“Add a Mr Skerrit. His evilness is seen in his face and in his utterings and communications and his connection with Jane Halton and the WHO and the so-called, Australian Health (sickness proliferation) Dep’t and Event 201 should not be lost on anyone with brain cells that still operate and are able to coordinate.
“Wake the f_ _k up!”
All emphases and redactions above are as in Nilsson’s email. Scott Morrison is the Prime Minister, Greg Hunt the Commonwealth Minister for Health, Brendan Murphy is a former Chief Medical Officer (CMO) of Australia and now Secretary of the Department of Health. Paul Kelly is the current Chief Medical Officer, the “Mr Skerrit” he refers to is Adjunct Professor John Skerritt, Deputy Secretary, Health Products Regulation Group, Therapeutics Goods Administration. “Jane Halton” is a former Secretary of the Commonwealth Dept of Health, now Council Member of the Australian Strategic Policy Institute.
The “Event 201” that Nilsson refers to was a tabletop exercise conducted in October 2019 by the Johns Hopkins Center for Health Security (CHS), the World Economic Forum and the Bill and Melinda Gates Foundation in New York City. According to the CHS, “[t]he exercise illustrated areas where public/private partnerships will be necessary during the response to a severe pandemic in order to diminish large-scale economic and societal consequences”.
Event 201 simulated the effects of a fictional coronavirus originating in bats but passing to humans via pigs. Claims that Event 201 was a rehearsal for the COVID-19 pandemic have been debunked by fact-checking outlets such as USA Today and FullFact, but facts have never matter to antivax conspiracy theorists and other assorted cranks. All emergency response authorities and health bureaucracies conduct exercises to identify threats and to develop and improve response plans. There was nothing unusual in “Event 201” except in the fevered imaginations of nutters and fruitloops.
Does Nilsson, with no qualifications whatsoever, really think that he knows more about emergency response and immunology than those distinguished experts, and all the scientists researching Covid19 and vaccines? How does 20 minutes reading email conspiracy theories trump PhDs, professorships and Nobel Prizes? How conceited does someone have to be to imagine that? Where is the boundary between conceit and dementia? So does accusing honourable people of ‘crimes and transgressions,’ ‘maiming and killing,’ being ‘traitors,’ are evil tools, ‘who need to answer for their crimes’ constitute the good behaviour that the Court imposed? And coming within hours of the Court hearing?
Watch this space.
On FACEBOOK I recently found this advertisement posted by ‘LifeCell Health’
Guys, weight loss starts at our gut. The reishi mushroom targets this key area of the body and promotes weight loss in a unique way, by changing our gut bacteria to digest food in a manner that improves weight loss and can even prevent weight gain. By combining 3 of the most researched mycological species on the planet, LifeCell Myco+ delivers a blend of weight loss mushrooms like no other: Improve gut health, speed up weight loss, enhance immune function, natural energy and more with our blend of Reishi, Turkey Tail, and Shiitake mushrooms. Each mushroom has been the subject of several in-vivo studies proving their efficacy when it comes to weight loss.
Why Mushrooms Work.
Reishi: Prevents weight gain by altering bacteria inside the digestive system
Shiitake: Helps the body develop less fat by nourishing good gut bacteria.
Turkey Tail: Reduces inflammation and helps prevent weight gain.
That sounded interesting, I thought, and I investigated a bit further. On the website of the firm, I found this text:
By combining 3 of the most researched mycological species on the planet, LifeCell Myco+ delivers an organic wellness formula unlike any other. Improve gut health, speed up weight loss, enhance immune function, natural energy and more with our blend of Reishi, Turkey Tail, and Shiitake mushrooms.
Keeping a healthy balance of beneficial bacteria in your gut is critical for maintaining a strong immune system. Your gut bacteria interact with immune cells and directly impact your immune response. Turkey tail mushrooms contain prebiotics, which help nourish these helpful bacteria. An 8-week study in 24 healthy people found that consuming 3,600 mg of PSP extracted from turkey tail mushrooms per day led to beneficial changes in gut bacteria and suppressed the growth of the possibly problematic E. coli and Shigella bacteria.
Next, I conducted a few Medline searches but was unable to find any trial data suggesting that any of the three mushrooms or their combination might reduce body weight. So, I wrote to the company:
I am intrigued by your product MYCO +. Would you be kind enough to send me the studies showing that it can reduce body weight?
What followed was a bizarre correspondence with several layers of administrators in the firm. They all said that I should discuss this with the next higher person. So, I asked myself up the hierarchy of LiveCell. The last email I received was this one:
Good morning Edzark,
Thank you for your email and I hope you are enjoying your day.
It is great to hear that you are interested in our LifeCell Myco. I have forwarded your request for additional information and once received I will be sure to forward the information to you.
What do I conclude from this experience?
Apart from being unable to get my name right, the people responsible at ‘LifeCell Health’ seem also not able to send me the evidence I asked for. This, I fear, means that there is no such evidence which means the claims are unsubstantiated. Scientifically, this might amount to misconduct; legally, it could be fraudulent.
But I am, of course, no lawyer and therefore leave it to others to address the legal issues.
If anyone happens to know of some evidence, please let me know and I will correct my post accordingly.
I have often warned that, even if chiropractic manipulations were harmless (which they are clearly not), this would not necessarily apply to those who administer them, the chiropractors. They can do harm via interfering or advising against conventional interventions (the best-research example is immunization) or by treating conditions that they are not competent to tackle (like ear infections), or giving advice that endangers the health of the patient.
Italian authors reported the case of a 67-year-old woman, who had been suffering from low back pain due to herniated discs, decided to undergo chiropractic treatment. According to the chiropractor’s prescription, the patient drank about 8 liters of water in a day. During the afternoon, she developed headaches, nausea, vomiting, and fatigue, for which reason she consulted the chiropractor, who reassured the patient and suggested continuing the treatment in order to purify the body. The next day, following the intake of another 6 liters of water, the patient developed sudden water retention, loss of consciousness, and tonic-clonic seizures; for this reason, she was admitted to the Intensive Care Unit with a coma from electrolyte alterations.
The diagnosis of water intoxication was stated based on the history reported by the family members; according to the clinical findings, the hydro-electrolytic alterations were adequately corrected, allowing the disease resolution. Once resolved the intoxication, the patient underwent surgery to treat a shoulder dislocation and a humerus fracture which occurred due to a fall consequent to the tonic-clonic seizures.
The Judicial Authority thus ordered a medico-legal evaluation of the chiropractor’s behavior in order to identify any professional liability issue.
The Italian authors commented that this case is peculiar since it shows the dangerous implications for the patients’ health and safety deriving from the prescription of a large quantity of water intake, without any control by the chiropractor, and thus underestimating the risks of such a practice, as evidenced by the suggestion to continue the water intake aiming to detoxify the body from pharmacological substances. As a consequence, the patient developed a severe form of hyponatremia, leading to life-threatening complications that could have been otherwise avoided.
The medico-legal evaluation of the case led to the admission of professional liability of the chiropractor, who
thus had to pay the damages to the patient.
It is, of course, tempting to argue that the patient was not very clever to follow this ridiculous advice (and that the chiropractor was outright stupid to give it). One might even go further and argue that most patients trusting chiros are not all that smart … one could … but it is far from me to do so.
In 2020, a German court had ruled that pharmacies should be allowed to advertise homeopathic products by naming their alleged source materials, even if the dilution is so high that there is nothing in the products. An appeal against this was launched and it has now ended in defeat. The consequences for homeopathy could be far-reaching.
In homeopathy, it is customary to label and advertise products by naming the starting material or ‘mother tincture’. A German pharmacy thus named one of its products “HCG C30 globules” – HCG is a pregnancy hormone, C30 means it is diluted 30 times in the ratio 1:10o. A group sued arguing that this was misleading.
The Darmstadt Regional Court first ruled that just because the original substance is no longer detectable does not mean that it is no longer present. And in any case, proponents of homeopathy would consider a high dilution to be important in order to reduce side effects. This ruling and the way it was justified caused considerable criticism. However, the plaintiff did not let up and appealed.
In the second instance, the Frankfurt Higher Regional Court (Case No. 6 U 49/20) took a completely different view of the matter. In the appeal hearing, it clarified first that advertisements for homeopathy address not only enthusiasts of homeopathy but the general public. Therefore, it must be in accordance with the general understanding of the population. And the public expects a product labeled “HCG” to actually contain the pregnancy hormone. If this ingredient cannot be detected, the product labeling would be misleading.
In essence, this means that all high potency homeopathic remedies (all beyond a C12) may no longer print the name of the mother tincture on the label. One can expect that this will seriously impact the sales of homeopathic products in Germany. This might re-open the discussion on the question of whether pharmacies should sell homeopathic preparations in the first place. As I have pointed out ad nauseam (e.g. here, here, and here), if pharmacists offer them to their customers pretending they are effective medicines, they violate their own ethical code. In other words, there is no place for homeopathy in pharmacies.
Rudy Giuliani, the former mayor of New York and legal advisor of Donald Trump, is already facing a billion-dollar lawsuit for defamation. He also had his license to practice law revoked by the New York Bar Association for spreading lies about the 2020 election. I therefore can imagine that he needs some cheering up and could do with some good news.
Well, Rudy, here it is!
Giuliani has been given a very special award.
A rogue’s gallery of celebrity hucksters was drawn up who best represent the threat posed by the wholesale rejection of reality. Calling out these infamous purveyors of flimflam and nonsense, the Center for Inquiry asked the public to vote for who was the worst offender.
It could not have been an easy choice, but now the voters have spoken: 41.7 percent of voters chose Giuliani over these other superspreaders of the infodemic:
- Friend to Viruses Robert F. Kennedy Jr.;
- The Human False Flag Alex Jones;
- The Snake Oil Profiteer Gwyneth Paltrow;
- Holy Hypocrite Jerry Falwell Jr.;
- The Mendacious Medium Thomas John.
Why Giuliani? He really gave his all to rise above the field over the past year as a dedicated champion of bogus COVID-19 cures at the peak of a global pandemic and chief spreader of the highly dangerous Big Lie about the 2020 election. “America’s Mayor” no more, Giuliani has slid to the fringes of conspiracy theories and quack medicine, truly embodying what it takes to be an all-around Full of Bull champion.
At the time of reporting, no reaction of the awardee was available. Yet, we can be confident that Rudy will treasure the award above all other distinctions and that he will display it prominently in his office. The Center for Inquiry wants to thank everyone for voting and for being a part of the reality-based community, it intends to remain committed to taking on bull artists of all stripes.
An article in the Daily Mail (I know, not my favorite newspaper either) reported about a UK court case against the father of an 11-year-old daughter who objected to her being given conventional life-saving treatments for her leukemia. The man was said to be worried about possible side effects and wanted to explore homeopathic and natural therapies, while his estranged wife favored the conventional approach.
Mr Justice Hayden decided that there is ‘no basis’ for the man’s homeopathic option and that specialists can lawfully carry out the conventional treatments. But the father said he believed that previous chemotherapy had already weakened his daughter’s immune system and that the conventional treatment proposed has further side effects. He, therefore, wanted to try homeopathic and natural therapies, including ozone therapy. ‘I am not waiting for her to deteriorate and get worse,’ he told the judge. ‘Chemotherapy is not the only way. There are so many other different therapies I am hoping to try – anything as long as it doesn’t really affect her.’
A specialist treating the girl told the judge that the treatments proposed are the best option and that they know of no homeopathic options which would help. Mr Justice Hayden approved Great Ormond Street’s plan and said doctors should start the treatments as soon as possible. ‘If she receives no treatment then her life expectancy is weeks,’ he said. ‘There is no basis for the father’s homeopathic option.’
This case highlights the indirect risks of homeopathy and similar treatments in an exemplary fashion. The therapies per se might be harmless but the therapists are clearly not. There are enough homeopaths who are deluded enough to persuade their patients that homeopathy can alter the natural history of even serious conditions such as cancer. And, as we have discussed recently, these irresponsible fools are not just from the ranks of the lay-homeopaths (homeopaths who have not been to medical school) who might not know better; they also include medically trained homeopaths and even professors at leading medical schools.
The Higher Administrative Court of Bremen has rejected as inadmissible the application for a judicial review by a Bremen physician against the deletion of the ‘HOMEOPATHY’-title from the further training regulations of the Bremen Medical Association (decision of June 2, 2021). Thus, the new regulation for postgraduate training of the Bremen Medical Association without the additional designation of homeopathy has been upheld.
“We are very pleased that the Court shares our legal opinion and has rejected the plaintiff’s application,” said Heike Delbanco, Chief Executive Officer of the Bremen Medical Association. “This is also a clear signal for other German medical associations where comparable lawsuits against the removal of homeopathy from the canon of additional designations are pending.”
The Assembly of Delegates of the Medical Association had decided in September 2019 on a new training regulation, which – unlike the previous regulation – no longer provided for the postgraduate training in homeopathy. After the expiry of a transitional period, the qualification of homeopathy can therefore no longer be acquired at the Bremen Medical Association; however, titles already acquired can continue to be held.
A physician from Bremen, who holds the title of homeopathy, brought an action before the Higher Administrative Court against the cancellation of the additional title. He claimed that the removal of the additional designation from the continuing education regulations interfered with his fundamental right to freedom of profession and his fundamental right to property and complained of a violation of the general principle of equality. The medical association considered the action inadmissible.
The Higher Administrative Court now rejected the application, since a violation of the plaintiff’s rights could not be recognized. The plaintiff can continue to use his title HOMEOPATHY also under the new regulations.
The expectations presented by him – in particular, the expectation to find suitable practice representatives and to be able to sell his practice on retirement at a profit – do not justify any legal positions protected by fundamental rights and consequently also no obligation of the Bremen Medical Association to enable physicians to obtain the additional title of homeopathy in future.
As several further medical associations in Germany have banned homeopathy in the same way as Bremen and were consequently also taken to court by homeopathy enthusiasts, one can be optimistic that these cases will also go against homeopathy.