While it sounds like it’s a burden for the former Life Teen founder, it’s actually going to work in his favor. An Arizona court has ruled that Monsignor Dale Fushek will be tried separately for molesting 5 boys back in the 1980’s. However, the county attorney is rightfully upset with the ruling since the separate trials denies the prosecution the ability to explain to a jury what was Fushek’s pattern and practice of abuse. This is a central point in the criminal proceedings just as it is always important in priest abuse civil lawsuits. If the jury doesn’t hear about a priest abuser’s pattern and practice and doesn’t hear about how the bishops covered it up by moving the offending priest, the jury never gets the full picture of what happened. The same is true when victims are not allowed access to the internal church files documenting the abuse and the bishop’s modus operandi of covering it up by transferring the priest. Church documents can show that the diocese knew that the particular priest was an abuser and that the diocese chose to ignore such information. In New Hampshire, a review of internal church documents revealed that the bishop had promised the offending priest that he (the bishop) would destroy psychological records that showed the priest was a danger to the community. This is the stuff we find in the internal documents of the church when we actually are allowed by the courts to review the documents.

In Pinellas, Polk, Pasco, and HIllsborough Counties there have been 52 motorcycle accidents resulting in 40 deaths just this year. That’s an alarming statistic and the number of motorcycle accidents appears to be growing at a rapid rate this year.
This in spite of the fact that the Florida Legislature passed mandatory motorcycle safety training prior to obtaining a motorcycle endorsement or motorcycle only license in Florida. The training courses spans 15 hours of safety programs. However, the course can’t take into account other drivers’ inattention to motorcycles.
With fuel prices continuing to rise, especially after Hurrican Ike, there will undoubtedly be more motorcycles on the roads. This coupled with heavy traffic in the Bay area has resulted in these tragic statistics.

Wyeth Lawsuit Supreme Court Ruling March 2009
Wyeth Lawsuit Supreme Ruling March 2009
This fall, the US Supreme Court will hear cases involving medical devices that have caused injuries in spite of the fact that they were approved by the FDA. The Court already ruled in favor of pre-emption on February 29, 2008 in Riegel v. Medtronic. In that case, the court stated that if the FDA approves a medical device that later turns out to injure a person that person is barred or “pre-empted” from bringing a lawsuit in state court. This is obviously a huge victory for businesses, especially huge medical device companies. On the other hand, it is very unfair for those with valid claims whose pursuit of justice is now short-circuited by the Supreme Court’s decision.
One of the more interesting cases on the Supreme Court docket this fall is Wyeth v. Levine. Drug manufacturer Wyeth (the same company that produced the harmful diet drug Fen-Phen) will argue that it can’t be sued for mislabeling its drug Phenergan in spite of the fact that this mislabeling directly resulted in Ms. Levine’s loss of her right arm. Wyeth’s argument rests solely on the fact that the drug Phergan had been previously approved by the FDA and is therefore immune from any lawsuit brought in state court.
Aware of the injustice and inequity of the Supreme Court’s Riegel decision, Congress is working on legislation to fix it. The proposed legislation is called the Medical Device Safety Act of 2008.
In the Levine case, the issue boils down to this: Do the FDA and other federal regulatory agencies set minimal standards which states are free to strengthen or do federal agencies make judgments about safety standards that states are required to follow?
This will be a very important case for advocates of consumer justice. Will the Supreme Court bar injured victims, who, through no fault of their own, are severely injured by bad medical devices or will the Court side with the consumer recognizing that the courts are their only avenue to pursue justice?

The Catholic Church has figured out how to spin the priest abuse scandal so that it has minimal damage to its reputation. Initially, the Church played the “blame the liberal media” card. When that got old, it moved to “blame the lawyers”. Now, they moved to another phase which can best be described as a public relations two step. Church officials, namely bishops will proclaim from the rooftops that they have established best practices when it comes to ensuring the safety of children and vulnerable populations. Their lawyers then fight behind the scenes to keep their internal documents from public view. Take for example what’s happening in the Archdiocese of Los Angeles and the Diocese of San Diego. Both defendant dioceses settled their lawsuits over a year ago. Part of the settlement agreement, arguably the most important part of the agreement, was the dissemination of the church’s internal documents concerning their conspiracy of secrecy and coverup in dealing with sexually abusive priests. To date, both Los Angeles and San Diego are fighting to keep those documents from the public! It’s clear they don’t want their secrets and their practices out in the public arena. The fact that these documents remain hidden constitutes a clear and serious danger to the safety and welfare of all children. The abuse doesn’t stop until the secrets reach the light of day. Bad priests, even when removed from the priesthood, will continue to prey upon young victims if the truth about them is not known. The documents must be given to the public. It’s time to stop this ecclesiastical two step.

The American College of Cardiology recently signed a 5 year partnership with the non-profit Cardiovascular Research Foundation. On the surface, this seems a natural mix-a group of cardiologists collaborating with an academic not for profit research foundation. Yet, a US Senator has opened an investigation for potential conflicts of interest regarding the ties between them and the medical device community. It’s an ongoing saga of financial entanglements between doctors and either pharmaceutical companies and medical device manufacturers that’s drawing Congressional attention. This time, Wisconsin Democratic Senator Herb Kohl is looking into the relationship, especially the financial aspects of the partnership.
According to the Minneapolis Star Tribune, the relationship may underscore a potential conflict. The Star Tribune reports, “Noting that the foundation receives funding from a variety of medical device manufacturers, ‘the potential for this partnership to influence clinical practice raises questions concerning the continued impartiality of your organization,’ Kohl wrote ACC President Dr. Douglas Weaver in a July 22 letter. A conference organized by CRF annually counts Fridley-based Medtronic Inc. and Boston Scientific Corp. as sponsors.”
Last year, Kohl co-sponsored legislation requiring pharmaceutical and medical device companies to list any financial contributions, payments, or gifts made to physicians.
Congressional oversight and regulation of these relationships is a good thing for consumer safety. The public has a right to know the relationships doctors have with drug companies and/or medical device manufacturers. Transparency can only protect consumers from undo influence as well as keep the medical community focused on patient safety rather than the corporate bottom line.

The FDA has posted on its website reports of a woman’s death from a brain infection a year after taking the arthritis and cancer drug Rituxan and warned doctors to cease using the drug if any symptoms of the brain infection appear. The drug, co-marketed in this country by Genentech and Biogen, has been very popular for the treatment of arthritis and certyain forms of cancer.
While the FDA posted the information on its website, the link between the drug and brain infection is still tenuous. The infection is known as progressive multifocal leukoencephalopathy, or PML and has no known cure. The infection is caused by a reactivation of a common virus in the central nervous system of those with weakened immune systems. Symptoms include weakness or paralysis, vision loss, impaired speech, and cognitive deterioration.
Cases of PML had been reported in patients who were using it for which the drug wasn’t approved such as Lupus. According to the FDA, this is the first report for a patient taking Rituxan for arthritis.

Only a handful of bishops have been implicated as sexual abusers of minors since the priest abuse scandal hit the front pages in 2002. Such names as Bishops Juan Arzube, Tod Brown, Paul Dudley, Thomas Dupre, Joseph Ferrario, Louis Gelineau, Timothy Harrington, Joseph Hart, Howard Hubbard, Anthony O’Connell, James Rausch, George Rueger, Daniel Ryan, William Skylstad, and Lawrence Soens have been accused of sexual abuse of minors. That’s only 19 bishops. Statistically, they are not the abusers. However, more importantly it’s the other bishops whom we know have covered up sexual abuse of priests that’s the real issue. Bishops are like CEO’s of large corporations. They’re in charge of the overall administration of the particular diocese of which they’re in charge. They have supreme authority over the finances, personnel decisions, and the priests who run the individual parishes. And some have been particularly dreadful when it comes to transferring and covering for sexually abusive priests in their charge. Some well known names come to mind: Cardinal Roger Mahony of Los Angeles, Cardinal Law formerly of Boston, Cardinal George of Chicago, Cardinal Bevilacqua of Philadelphia, Bishop McCormack of Manchester to name a few. These bishops are documented as those who covered up for abusing priests. Don’t take my word for it. Read the Grand Jury reports concerning their behavior. If there’s no Grand Jury report you can find, check out their deposition testimony. These aren’t the only bishops who knew about abusive priests and transferred them anyway. The priests continued to abuse and when the priests were caught, the bishops feigned ignorance or hid behind their lawyers who cited 1st Amendment rights. There’s no Gospel or Jesus talk here, just bare fisted lawyers brawling to protect the institution of the church against the poor survivors of sexual abuse. It’s a sad story, a story that one could have never imagined. Yet, that’s the state in which we find ourselves. Instead of protecting children, we’re fighting over the legalities of church documents (most of which are buried) that show the depth of the corruption. A cynic may be tempted to ask the bishops what would Jesus do?

I’ve seen a lot of political attack ads in my time where the truth is twisted or distorted. However, John McCain’s ad regarding Barack Obama and sex education is an outright lie and an insult to the thousands of victims of sexual abuse. The ad states that Obama’s one legislative accomplishment in the Illinois legislature was sponsoring sexual education for kindergartners. In actuality, the legislation was aimed at providing awareness of inappropriate touching and sexual predators. This program, which teaches children in an age appropriate fashion, the difference between good touch and bad touch. This is part of a nationwide effort to prevent further child sex abuse. If children know the difference between an affectionate hug and a sexual touch, they are more likely to feel empowered to tell their parents who in turn can call law enforcement.
I’m outraged that McCain would stoop so low as to lie when it comes to protecting our children. I would hope that every victim of sexual abuse as well as those of us fighting to protect children from sexual predators would let McCain know this is an absolute outrage and demand an apology. Perhaps he could donate the money spent on the vicious ad to donate to a non profit for children.
Obviously, John McCain doesn’t have a clue about the pain and trauma caused by sexual abuse. But, is he that out of touch that he doesn’t realize the further pain he’s caused victims?
I guess that’s family values for you.

Just last month, Stanford University announced a new policy limiting drug company financing of continuing education programs for healthcare professionals. Yet not all universities have been willing to cut their ties with big pharma.
Senator Chuck Grassley has demanded more accountability and cited a University of Texas researcher who received $150,000 from Glaxo SmithKline for research performed on the company’s anti-depressant drug Paxil. The fees were never disclosed, a violation of federal law.
The University of Texas is not the only institution caught in Grassley’s crosshairs. Harvard, Brown, and the University of Texas have been probed. Grassley has called for the National Institutes of Health to withdraw funding and grants from those universities that are not in compliance with the law.
This issue goes beyond just a matter of a conflict of interest. It’s really a matter of being a good corporate citizen and establishing trust with the public. If companies, institutions, or governments are not disclosing information they quickly lose the public’s trust. The public has a right to know about the documents conerning Eli Lilly’s Zyprexa. The public has a right to know about company documents concerning safety concerns of medical devices such as the Stryker hip, Kugel Hernia Mesh patch, and contamination issues surrounding the blood thinner heparin. It’s a matter of public interest and companies have a duty to inform the public about safety issues. Even institutions such as the Catholic Church have a duty to disclose to the public issues of public safety, most especially about child safety. When the church refuses to do so, it loses the public trust and its ability to be a moral force in the society.
This shouldn’t come as a surprise to anyone. These companies and institutions have a duty to the general public. It’s part of the social compact and a bedrock of our democracy. Transparency is key to public trust as well as good public relations.

Ken Scarborough is a Texan, a family man, and a man of faith. Yet he’s also a survivor of sexual abuse. Ken was abused by Rev. Dale Calhoun, a serial abuser who abused minors in Yakima Washington and Beaumont Texas. He was 15 years old at the time. A devout Catholic, Ken was active in his local Catholic parish when Calhoun began grooming him for his own vile purposes. He never told anyone about the abuse. Like scores of other sexual abuse victims, he kept the tragedy to himself.
After years of suffering in silence, Ken came forward. He met with the Bishop of Beaumont Texas only to rebuffed. Rather than listening to Ken’s story and offering pastoral concern, Ken felt as if he was brushed aside and the Bishop had washed his hands of him after telling him what “great work” the Diocese does in “reaching out” to victims. Here’s Ken’s final attempt to reach out to the Bishop:
Dear Bishop Guillory,
Sir, I wanted to write this letter just from me to you. No attorneys, no middle-men (Michael Jamail) …just the two of us. Fair enough? Firstly, I would like to explain to you that I am NOT angry, or upset with you for skating out of your responsibility to me, I am disappointed, but that’s ok, I’ve had lots of disappointments in my life lately and I am certain I will have many more. So, please know that this letter is NOT written in anger or bitterness. Ok?
Bishop, I would like for you to understand something sir, and I would like for you to understand it clearly.
In or around July of 1969, I WAS sexually molested at the St. Pius X Rectory in Beaumont Texas by the then Asst. Pastor; Ernest Dale Calhoun. I was 15 years old at the time. Now, sir weather or not you believe that is totally irrelevant to me at this time. Two years ago, the Roman Catholic Faithful and SNAP administered a polygraph to me WHICH I PASSED with FLYING COLORS. I have that documentation ANY time you might like to see it, although I won’t hold my breath. I read your lawyer’s response and it is crystal clear that both of you are basically calling me a LIAR. You don’t really believe that Dale Calhoun molested me….do you? Your lawyer’s letter could not have been clearer. I read it, my wife read it, my brother, my daughter, and most painfully…my 84 year old devout Catholic Mother. She would love to speak with you one day…although again, I won’t hold my breath that such a meeting would ever occur.
You know, because of my strict Catholic upbringing, it took me a while… but I finally realized that; although you wear the title of Bishop, actually, you are FIRST and FOREMOST a “business man”…the CEO of a “for profit” Organization called “The Diocese of Beaumont.” Again, I mean that with all due respect sir, but let’s just be honest with one another, that’s truly the way it is…isn’t it? I also realize that it is not “safe” or financially expedient for you and The Diocese of Beaumont to “admit” publicly that this molestation actually happened to me. The reason is simply because in doing so, you would run the risk of dealing with any potential backlash should your parishioners begin to ask questions…wouldn’t you? Questions such as; “why didn’t our Diocese do something to stop this PREDATOR when he was here in Beaumont from April of 69 to November of 69? I understand that completely sir.
So for that and other reasons, you and your attorneys must deny that it actually occurred. You have to play my mother and me off as “opportunists” or “gold-diggers.” Right? I mean, that’s what CEO’s do to protect their Company…right? I mean, God forbid you should actually accept your responsibility as Bishop, instead of CEO. Goodness only knows what repercussions that might cause.
Again, this letter is simply from me to you. Let me ask sir; “Do you believe that Jesus Christ would do what YOU are doing in this situation?” Do you believe that He would hide behind his attorneys…duck & dodge… jump through any and every tiny LEAGLE LOOP-HOLE that HE could find in order to escape HIS responsibility to a soul? Do you really? I mean, as a Catholic I was always taught that the local Bishop as well as the Pope were the Vicars of Jesus Christ here on earth? Don’t you consider yourself the Vicar of Christ? Or is that “CEO” title more applicable? Let me ask you this sir; do you believe that one day you will stand before the Righteous Father in Judgment? “Do you even “believe” in the Judgment? Do you believe what the Apostle Paul said in 2nd Corinthians 5:11 “For we must all appear before the judgment seat of Christ, that each one may receive what is due him for the things done while in the body, whether good or BAD.
I wonder, what will you say when He asks you about this situation? Who knows…perhaps you don’t really believe you will actually stand before Him one day? That’s between you and The Lord God.
I know this much though, I know that when I stand before Him, while I am sure I will have many things to answer for in my own life, but on THIS one… I won’t even “flinch” should He asks ME about this situation. Perhaps you feel I am being a bit melodramatic? That’s ok, I will take my chances…will you take yours?
Bishop, do you understand what it is like to be sexually molested sir? If you don’t, let me explain it to you. When you’re raped at 15 years of age, things happen inside of your mind and spirit. You’re confused, you’re hurt, you’re all mixed up inside. You don’t know weather or not you should tell someone…or weather you should just say nothing? In fact, you’re really not even certain that it wasn’t YOUR fault? You think to yourself, surely he wouldn’t have asked me to do anything that wasn’t “Godly.” I mean, after all…he’s a priest and MY BEST FRIEND! So, it must be MY fault.
Let me ask you this; do you know what it’s like to have to tell your 80 yr old MOTHER that you were molested by THE SAME MAN that SHE let in the house? This is the same precious Mother who scrimped and saved to pay my tuition of $22 per month so that I could attend Catholic school. Why don’t you give her a call sometime and talk to her to about it? 409-896-5885. Tell her how you and your attorneys are calling us liars and god-diggers. Call her! Can you imagine how SHE feels now? How about having to tell your 18 yr old SON when he hears about it? How about answering “that” question when he looks at his Dad with tears in his eyes when he hears about it. By the way, that’s the same 18 yr old son… who will drop DEAD 7 years later in his bedroom. Do you think that’s something YOU could do? How about your wife of 31 years? Can you imagine how my wife feels?
I wonder too if you have you ever thought about all of the damage that Calhoun did after leaving Beaumont? You “are” aware of all of the little boys that he molested after the Diocese of Beaumont DID NOTHING. You know about those….right? You’re aware of how he almost single-handedly “bankrupted” the Diocese of Yakima…ALL because of the FAILURE of this Diocese of Beaumont to STOP HIM! You do know about that, right?
And lets be honest, the Diocese of Beaumont knew full well that this pathetic individual was a SEXUAL PREDATOR. You know it, and I know it.
Forget about me, how do you feel about all of “those” young boys now dealing with this nightmare in their lives? Of course don’t forget about their PARENTS and their CHILDREN. They have to deal with it as well. All because the Diocese of Beaumont simply “looked the other way”…EXACTLY as YOU are doing RIGHT NOW!…Looking the other way…and hoping I’ll just go away.
Again, that’s what CEO’s do.
Ken Scarborough