DR. JONES' HEARING SYNOPSIS
(DAY ONE)
March 23, 2006
from Sandy Berenbaum
Sixty people were in attendance at the first day of
the hearing, brought about by charges against Charles
Ray Jones, MD, foremost Lyme-knowledgeable
pediatrician in the country. In attendance were
parents whose children are or were suffering from this
disabling disease, physicians and others. Many of
these parents are leaders of Lyme advocacy groups. A
tone of quiet attention was kept throughout the
duration of the hearing.
In opening remarks, Dr. Jones' attorney asked that the
burden of proof on the health department be raised
from "preponderance of evidence" (more than 50.000001%) to "clear and
convincing"
(a little less
than the "beyond a reasonable doubt" standard applied
in criminal cases.)
The clear and convincing standard
applies to unprofessional conduct charges against
attorneys in Connecticut. If the motion had been
granted, it would have made it much tougher for the
health department to prove its case. Although the
motion was denied, the Jones team reserved the right
to raise the issue again on appeal if we do not win
the case before the hearing panel.
In his opening statement, Elliott Pollack, Dr. Jones'
attorney, stressed that the charges against Dr. Jones
arose out of a custody dispute and that both children
had improved dramatically under treatment. The health
department stated a number of times that this was not
a case concerning the standard of care in Lyme
disease. Instead they claimed that the case revolved
around an initial telephonic short term prescription
for the children for other illnesses while on Dr.
Jones waiting list, and a telephone consultation
between Dr. Jones and the children's school
administrators.
The fact that the health department tried to have a
local retired pediatrician named as a "Lyme expert"
contradicts their assertion that this is not a Lyme
case. The health department expert was disqualified as
a "Lyme expert" because he had only treated 40
children over his career.
A pediatrician panel member
noted that he too had treated that many children for
Lyme disease, but did not consider himself an expert.
The pediatrician, was, however, accepted as an expert
in general pediatrics and testified that prescribing
short term antibiotics and consulting with the school
without an examination was below the standard of care.
The cross examination of this pediatrician by attorney
Pollack is expected to occur at the next hearing,
scheduled for May 25th. The time and location of the
next hearing will be announced as soon as it is known.
At this hearing, the health department should complete
the presentation of its case against Dr. Jones.
Subsequent hearing will focus on Dr. Jones defense
against the charges.
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Next Day...