Hi folks, Tim/FacelessFatloss here…
This is a post for those familiar with my stance on antibiotics (ABs). I was/am a victim of Levaquin and Cipro, put through a long list of chronic pain hell due to the use, brief use at that, of this class of drugs. These drugs are readily available to almost anyone claiming symptoms of various forms of bacterial infection. Many people are “helped” by these drugs, in as far as the drug destroying the targeted bacteria, but it needs to be pointed out that if you are fortunate enough to not be a person who suffers severe side effects…a list of people that is growing by the day…you will have suffered some degree of intestinal gut flora destruction, which as any of you who follow me know, will with high probability lead to a host of potential other ailments over time, since our healthy gut flora is finally being recognized as one of the core components to our overall health.
That said, I had long wanted to be able to obtain damages for the great suffering I endured. Please understand that I am 46 years old at the time of this writing, and have never in my life sued anyone, and am even opposed to our now excessively litigious world. Also note that I have a long background in law, both institutionally in college and enormous amounts of private study both on my own and in several activist-type groups.
My situation would be considered by almost everyone to be worthy of being awarded damages. I have multiple witnesses including over 8 doctors and several family members who watched me teeter on the verge of suicide due to the severity of my symptoms.
One never imagines that they’ll one day get in a horrible car accident that will disable them, and put them in chronic pain that doesn’t go away.
One also never imagines taking just a couple doctor-prescribed pills that will disable them, and put them in chronic pain that doesn’t go away.
So when it happens, it changes your life. And the change is so profound that there is hardly a way to describe it, and it unfortunately has to be experienced first hand, to understand how paradigm-shifting it truly is.
I have often compared what happened to me to prisoner of war torture. The torture challenges the victim on every level, and then changes him permanently. I was in a constant, daily war with unknown, unsolvable, unpredictable pain in my body. Daily silent pleading, fear, and weeping. Life becomes forever different when one’s life is lived that way, and requires perpetual adjustment. This is what just a few FDA approved, legal, doctor-prescribed drugs did to me. To this day I have residual physical effects, and to this day I struggle with mental and emotional states that can not only be compared to, but actually defined as, “post traumatic stress syndrome.”
I am grateful to report that after a lot of work and time (and total bankruptcy, that I still have not bounced back from), I have made something of a recovery. I rarely feel 100% again, but I have experienced hints of it form time to time. Most of the time I still contend with some symptom or other, but they are, thank goodness, now manageable and do not impact my overall quality of life. One learns to live with what’s left, and in comparison to where I was, I’ll take it and be very thankful. Occasional flare up and on-going minor discomfort are far better than constant, never-ending serious pain that lasted almost two whole years.
That said, I am well past the statue of limitations in my state, a time limit, for being able to obtain financial compensation for what happened to me. Even though I am certainly, by most everyone’s moral gauge, entitled to that compensation.
I did not instantly want to sue my doctors. But the thought of course did occur to me. I had been hurt by them, and severely so!
But two factors came into play:
First, I did not want to alienate the people allegedly trying to “help” me (nor establish a reputation in the medical community whereby no one would get near me, which was already happening based on my reaction to the drugs and literally begging them to help me out of the pain…”the antidote for what you did to me…pllleeeeeeze”….only to be treated like a freak?)…
…and second, I was much more interested in holding the people who created these poisonous chemicals…or those who approved of them knowing how dangerous they were…accountable.
I believe the vast majority of people would agree with me that this is a fair, just and reasonable expectation.
I also believe that if a jury could hear my case, any time barred statutes would be irrelevant. Some people simply deserve to “be made whole again” for what they’ve gone through at the hands of anothers product. I personally would even be willing to have all financial gain sent to a charity, if the conditions to get my case heard before a jury and on a public record enabled that to happen. I’ve lived long stretches below the poverty line, so a million bucks for personal injuries suffered would change my life. I have zero comprehension of what it is even like to live without constant financial hardship. But I’d forgo a chance at wealth completely if I could get my case heard, before a jury, and have the entire settlement or win go to a third party who would benefit from it instead.
That said:
I spoke with an attorney at length yesterday. He likely will not be able to help me due to the time bar issue, which I’ve always accepted. We discussed topics relating to both circumventing laches (time) under certain circumstances, as well as how equitable estoppel may be able to apply in my case (which would delve into false statements made and when, and how liability can then come into play).
I knew in each of the various strategies we discussed, where the challenges would be in presenting them. The attorney and I were on the same page on all topics.
What I wanted to convey here is a moral issue I have long had, and was the main reason why I chose to put so much time into studying law, and in turn, fighting what I felt was serious corruption, and in doing so, landing myself in jail several times. All based on three moral/ethical positions as follows:
-That I believed government should be forced to follow the same laws the rest of us do
-That I believed government officials should be held both criminally and civilly liable for anything they do that goes outside of their own laws and injures or damages others
-And that they honor my inherent rights at all times, as compared to using their intimidation and force to circumvent the rights both they and I know I have
In this process, I was able to work with some absolutely brilliant people, and learn things that astounded me about how our system really works. I was even able to find people within this very field, in the government, who would share secrets about what was really going on, that they did not support…why these things were going on and how they could be, 100% legally, gotten away with on the part of the officials. And how they of course agreed it was extremely corrupt and needed to change.
All of that is discussion for another time. Suffice it to say, the system that we have been lead to believe is intact here in America…is not. Not at all. There is a grand facade in place, it is ingenious, and it has its focus almost entirely on debt, commerce, and liability.
The liablity being a key component when it comes to pharmaceutical drugs.
Along these lines, it may be helpful to understand that “health care” is floating about one fifth of the entire economy at this time. So if any part of this machine were to falter, it would have wide-reaching impact on all of our finances. Illness is increasing by the year, and countless mutual funds benefit enormously from treating…not curing…sick people.
A comparison in liablity:
When a coffee maker has a defective handle, causing people to injure themselves with burns when it breaks, the product is recalled almost instantly. This theme is echoed in almost all products and happens all the time. Just pick up a copy of Consumer Reports to verify this. There are constant product recalls going on, the coffee maker being a real example from this year. Car manufacturers are also having loads of recalls of late.
How about the spinach that is removed from the shelves and circulation when some of it is found to be making people sick via salmonella or e coli as another example.
So I ask:
Where is the same responsibility and sense of obligation from the pharmaceutical companies and FDA. It would seem especially applicable considering we are ingesting these chemicals.
If a food debilitates people from illness, even just a tiny number of people, it’s off the shelves.
If people burn themselves from a hot coffee pot breaking, it’s off the shelves.
If a drug however causes harm, not only is it kept on the market, it is even acknowledged to be causing this problem by both the manufacturer and regulatory agency.
Why does this not happen with the cars that have a defective part or a coffee pot with a breakable handle, or the spinach with bacteria. Why don’t the makers/producers and regulatory agencies simply publicly acknowledge the defects and conditions, while keeping them for sale.
It seems only the drug manufacturers and agencies conduct themselves this way. Have you ever asked “why?”
And an Opinionated Tangent on the Moral Compass:
The public at large believes it to be something of a conspiracy theory, to assume that there are groups of people in positions of wealth and power that do not share the same or similar values that the rest of us do. I have actually met people and have had personal experience with, those who do adhere to “moral” grounds that most of us would not even recognize. People who have no sense of compassion or empathy with others. Nor do they care to. Read the recent article in Scientific American about sociopaths, and particularly about the careers they often choose.
They do exist. They are out there. And in larger numbers that the rest of us care to acknowledge.
Use our example here.
If you…YOU personally…developed a product that you discovered was harming people severely…literally destroying people’s lives and families…would you feel a sense of obligation, regret or responsibility for making money and having authorities at your disposal to help protect that income stream for you?
There are people who do not care, at all, about what happens to you or your loved ones. As long as they are making money, your suffering, or the suffering of your loved one, is of no consequence to them at all. If you or a loved one are a victim of fluoroquinolones, you are witnessing this fact first hand. It is so self-evident, that it shouldn’t need to be pointed out. But we live in a world where what is in plain sight, is often not entirely obvious, thanks to more distractions than can be counted.
Look at it this way: If it were you or me, wouldn’t we insist the product be taken off the market so that we could figure out what was going wrong? And would we feel horrible about making money off of something that was hurting others, and having something akin to a mob protect our financial interests in it?
The Exceptional Protections Offered for Patented Chemical Poisons
The “out” for the drug makers and their regulatory agency is to simply acknowledge that you can be harmed by their chemicals. In putting it in print…one could say “the fine print”…they have effectively given “public notice” and can therefore wash themselves of any liability (aka “responsibility”).
But…
We were not given this public notice. We were not told. I certainly was not. But I was told by these agencies that seeking the advice of a licensed medical professional was the trusted and insured/assured way of finding the solutions that I needed for my “health” care.
Key word “health.” (See mission statement below)
Then, when the chemicals do not provide “health,” but instead cause the exact opposite of “health,” we’re supposed to expect that the injuries, the deterioration of health, the opposite of health that these people and their chemicals cause us…are not injuries that they, nor anyone associated with them, should in any way be held liable…accountable…responsible (again, see below)…for.
Never mind the enormous amounts of money made by these companies who are afforded the unique position of not having to be liable for just about anything they do. Or most especially, the regulatory agencies that are literally 100% immune from liability of any kind…
…Even though their very own mission statement reads as follows (emphasis added): “FDA is responsible for protecting the public health by assuring the safety, efficacy and security of human and veterinary drugs…”(http://www.fda.gov/AboutFDA/WhatWeDo/default.htm)
“Responsible” for “protecting” and “assuring the safety,” yet, apparently NOT “responsible” for anything at all.
If their mission statement is a lie…which I am claiming it is…remember, that it is irrelevant. Because they are immune to begin with. The epitome of convenience, no?
In law, if you are immune from liability, you can lie, damage, and commit outright crimes without fear of being held accountable for them. I’m not exaggerating. I’ve witnessed it countless times on the part of government officials who are immune from criminal/civil liability. When was the last time you heard about a judge being successfully sued or jailed for something he did while on the bench? It happens under one condition, and one rare condition only: Public outcry. There are no actual laws, laws that if he breaks he can be punished for, that he has to adhere to. He has the same “privileges and immunities,” as they say, as a King. These same privileges are extended to government agencies. Such as the FDA.
SO: An Appropriate Comparison.
If I went to my doctor for help one day, and she beat me up in her office leaving me with broken tendons and a slew of other debilitating painful conditions and horrible psychological effects, should she be held accountable? The only difference in reality is that I took a couple of pills that she, in her government-granted licensed position of authority and permission, suggested would help me, but in effect accomplished the same physical and mental beating described.
Was there “intent?” Probably not. I don’t honestly know for certain, only she would know. What’s the difference between manslaughter and murder? In either case, the outcome is the same. Someone is dead.
And we are nearly legally required to seek out these, and only these, “professionals” for our “health” care. How many medical insurance programs cover much of anything outside of the government-regulated-and-approved white coat convention? And to what extent does our media and culture insist and demand that only the licensed white coats are our answer (hence our only coverage)…
The Open Challenge to Any Government Official:
How does what is described above, demonstrate for any of us, a government, a regulatory agency, and a large corporation relationship that is not corrupt?
I offer this challenge to any government official openly; to respond to this statement, and offer an explanation as to how and why this is not a form of corruption, and how and why no one, neither the manufacturers of these chemicals as well as their own regulatory agency should not be held either/both criminally or civilly liable for what is being sold and consumed, and injuring a cetain very definite number of people. Numbers of which continue to grow. Continue to grow…while nothing is done about it.
We have no problem putting a meth manufacturer in jail. They make their own chemicals in their labs and sell them, causing great harm.
But if I have my own lab that manufacters a chemical that the govt approves of, I will not only have their support no matter how many people I hurt, but I will have their protection from any criminal injury or civil damage.
Pretty sweet…especially if I don’t give a crap how many people are hurt with my patent-protected chemicals that I get to have a countless number of authorized drug dealers (doctors) actively promote, again, with full permission, support and protection from government.
If you are a new victim of fluoroquinolones, you have a virtual duty and obligation to sue the manufacturer, for those of us who no longer can due to mere legal technicalities that the vast majority of the population would disagree with regardless. The law is God in this country, and the government self-appointed deliverers of The Word. The focus in the suits is on peripheral neuropathy at this time (again, solely due to the Word of God, as I’ll say). Take advantage of this minimal crack that has been afforded to us in this “God’s” effort to appease some of the fallout from what these drugs have done to too many people. The damage done of course goes far beyond this. But at least some of us have a way to put at least a small dent in this industry, call at least some attention to the incestuous government corruption, and hopefully be compensated for our suffering in the process.
Side lines for those interested in the law side:
My above plea to government officials can start with the FDA’s 2006 Preemption Rule. Please remember folks, that whenever this Rule is challenged in court, it is automatically setting the court to accept that the Rule is a valid one. Therefore, almost certainly doomed to fail.
When the Preemption Rule is attacked and lost, as it is and has been repeatedly, the matters are often appealed, and often appealed to the highest courts. Since this is a state-versus-federal issue, the federal level Courts can become involved and make their ruling based on, again, the way the controversy is laid out in the actions to begin with; that of a focus on Preemption, therefore establishing it as a presumed enforceable law.
What choice then do Federal District and Supreme Court judges have in their decision making, if they are to follow the alleged Constitutional doctrines involved in this matter.
And perhaps of more importance…and an issue I will bet not a one of you government officials will be willing to discuss with me…how is ANY decision rendered by these Federal Court officials NOT an inherently biased one to begin with. Meaning; do these officials, or do they not, receive federal benefits in the execution of their duties. If they do, is there or is there not an inherent bias to find in favor of their own federal employer as often as possible? Wouldn’t finding against a federal agency be the same as finding against a department of your own company?
If I go to Home Depot and buy a tool that is manufactured by a third party and approved of/carried by Home Depot, that then breaks and hurts me, am I going to go to a Home Depot CEO-appointed judicial agent to determine how much in damages I’m entitled to? How would Home Depot be affected if countless tools they approve of offering are causing injuries to larger and larger numbers of people?
Or perhaps more pointedly, how does Home Depot NOT benefit from finding in favor of the tool product?
Is the FDA, or is it not, a part of the Federal Government. Are Federal Court justices, or are they not, a part of the Federal Government. Does the FDA or does it not bring in revenue and benefits in the process of approving drugs. Do Federal Court justices or do they not earn wages and benefits in the adjudication of Federal controversies that are based on already-biased Federal protections. Are both parties paid or are they not paid in Federal Reserve Notes. What motivation does a judicial officer have to find against his what-could-be-considered employer. How does a judicial offer benefit from finding for his employer.
Why are these clear conflicts of interest (or for the legally pompous, the clear “appearance” of conflicts of interest) acceptable in a judicial proceeding. If any claims are made that it is, I will further challenge the notion by bringing in the judicial immunity protection; yet again, yet another, example of zero accountability, zero responsibility, zero liability for actions taken.
Seems to be a pretty popular theme in today’s America. Especially among those serving in trusted government positions.
I think we all may need to pull our heads out from deep within our buttocks.
You have my permission to share as long as my name, FacelessFatloss/Tim Ritter remains a part of the material. Note to readers: As always (see Terms and Conditions below), I am just a stupid, dopey, weird fat loss guy who indulges in medical quackery and legal lunacy for fun. I hold no political affiliations whatsoever, no religious affiliations, and am extremely under-educated. Always seek the advice of a licensed medical or legal professional.