Archive | Justice and lawsuits RSS feed for this section

Libel or alert ?

1 Jul


I have received in my mailbox the message below. The CEO of a French public

hospital would sue one of his Doctor for libel against his institution.

The point is that both the Doctor And the hospital CEO have the same

ultimate goal: to protect the Public Health Service.

They should, in my opinion , try to find a common ground. Filing a lawsuit

or attacking a public hospital in the media are not part of the solution but instead

are parts of the problem.


Below the message tha I have received:

De : alain braillon [mailto:xxxxxxxxx]
Envoyé : mercredi 24 juin 2015 17:13
À : Christian M
Objet : le Dr Marescaux poursuivi par son hôpital car il se bat pour la qualité des soins!

Chers tous

C’est est un brillant neurologue (voir PUBMED
Il s’inquiète du manque de moyens pour ses malades avec un AVC!
Son hôpital le poursuit en justice!
Ni le conseil de l’ordre des médecins, ni la Haute Autorité de Santé qui doivent pourtant être concernés, ne semblent agir.

Voici un lien avec son histoire dans Rue89

S’il vous plaît aidez : a) faites suivre; b) laissez une réponse en ligne pour montrer votre soutien; c) ou écrivez lui lui à … etc …
Il y a même une pétition
Merci d’avance
Dr Alain Braillon



29 Jul

The French regulator ANSM is sued by a patient for not having withdrawn the Mediator from the market in the same timeline as the other developed countries.
Nevertheless the administrative court states that given that the French regulator ANSM speaks in the name of the French State the responsibility of the State is involved in this case should the causality between the product and the disease be shown.

The judgement of the administrative court (in French):

Click to access mediator.pdf

European Union, United Kingdom, United States of America: the word “union” has not the same meaning

2 Jun
European Union

European Union (Photo credit: erjkprunczyk)


Location map: Scotland (dark green) / United K...
Location map: Scotland (dark green) / United Kingdom (mid green) / European Union (light green) / Europe (dark grey); inspired by and consistent with general country locator maps by User:Vardion,User:Quizimodo, et al (Photo credit: Wikipedia)

In the UK, England supplies to the needs of Wales or Scotland without accusing them of being lazy. In the USA the federal government doesn’t threaten of exclusion the poorest of  its  50 federal States. Why does the EU  act so toughly with Greece?

French drugmaker on trial

15 May

Until now the pharmaceutical enterprises in France were spared by lawyers and plaintiffs.

i take drugs

i take drugs (Photo credit: the|G|™)

On its side the French State, instead of launching lawsuits as many States of North America did, preferred on one hand to raise public taxes based on the pharmaceutical industry’s revenues and on the other hand to regulate heavily the prices of the drugs approved for the French market. But recently the trend changed. And the consumers now ask to civil or penal courts to evaluate the damages they think they have been victim of. And more than that, the state is held for responsible in the mind of many citizens for not having asked the trial to be held before.
The risk of such trials, if they lead to plenty of punitive verdicts against the pharmaceutical firms is the future increases of the prices of medicines (because no enterprise can afford itself to lose money at the end of the day).

More content
French drugmaker on trial over weight-loss pill

The runaway jury by John Grisham

22 Apr

How the tobacco companies handle the lawsuits they are charged with.

If you want to discover how the tobacco companies (and not the weapon manufacturers like in the movie) handle the lawsuits they are charged with in the USA read the tremendous awesome paperback book entitled The runaway jury written by John Grisham.
Millions of dollars are spent in the unique goal not to be convinced with the charge of manufacturing an unhealthy addictive product. And the companies managed to reach their goal. The jury selection ending with twelve jurors selected from a group of more than a hundred persons with the key advices of psychological experts working for both parties (defendant and victim) is in itself astonishing. But it’s only the beginning, after that comes the methods to influence the jurors such as buying the whole nation wide store company that posses the local store in which one of the juror is a seller. This book made me think a lot of the David against Goliath struggle undertaken by Dr Braillon in France. I have not yet see the movie but I really enjoyed reading the book.
Beside why the film producer has replace the tobacco companies by the riffle manufacturer companies? Has he received any pressure, hasn’t he?

More content:

Politique de lutte contre le tabagisme en France: De la guerre au compromis et à la collaboration.
Alain Braillon (a), Anne-Sophie Mereau (b) et Gérard Dubois (b)

Braillon A, Dubois G. TOBACCO CONTROL: UP IN SMOKE IN EUROPE? Addiction. 2012;107(5):1016-1017. Available from:

Letters to the Editor:
Searching for an Indicator of the Influence of the Tobacco Lobby on Politicians
Alain Braillon, MD, PhD
Amiens, France

Medicine in Social Security in France

31 Mar
France Télévisions

France Télévisions (Photo credit: Wikipedia)

In this video:

In vivo, l’intégrale – – voir ou revoir les programmes de france télévisions – France Télévisions.

is described the every day life of workers in France exposed to occupational diseases and injuries. The Social Security schemes intend to compensate the disabilities that stem from work. But sometimes the worker must struggle against a rejection of his demand by the Social Security administration. In that case the dispute is judged in front of the Court of the Dispute of the Incapacity (Tribunal du Contentieux de l’Incapacité or TCI) which is a specialized court in charge of social benefits litigation. The Musculoskeletal disorders (MSDs) take a huge place in the mechanism of such disabilities. In some cases the workers victimized by an occupational injury have to justify their request as if they were exaggerating their sufferings. The liability is thus reversed and it is not fair in my view.

The hospital CEO was an infiltrated FBI agent

19 Mar

In the suburbs of Chicago, the gangsters are chased by a 61 year old woman, CEO of the Edward Hospital.

Gov. "Hot Rod" Blagojevich @ Illinoi...

Gov. "Hot Rod" Blagojevich @ Illinois State University (Photo credit: Wikipedia)

Congrats to the courageous CEO of Edward Hospital, Naperville, Illinois who helped the FBI to nail a high ranked state politician for corruption. Like in spy movies Pamela Davis wore a recording device in her bra and gave the rendez-vous for tapes transfers to the FBI agent in her preferred make-up and perfume shop (she nevertheless kept being a women in addition to being a spy). The enquiry lasted two endless years during which Pamela incurred a high level of psychological stress. She putted herself in danger in the aim to defend the health services on behalf of the Illinois population from dragging in the sludge of corruption and kickbacks. She feared for her physical integrity once when she crossed the precise man she was on the way to record on the tape while she was hooking her microphone in a parking-lot. Indeed in exchange of the administrative authorization for building a new premise for the hospital need, the governor’s board (the Illinois Health Facilities Planning Board) wanted absolutely a friend of him (Jacob Kiferbaum), construction entrepreneur, being hired. But now that the governor Rod Blagojevich has been convicted and sent in jail for 14 years in Colorado she is relieved. The conclusion of the story could be that a career in health services can lead to play spy games.
The Edward Hospital serves the Chicago area and its western suburbs. It employs 4400 employees including 1000 physicians. It is a regional healthcare provider of complex medical and surgical specialties.
This woman of 61 years of age should be a model and an example for all the health services servants.

Press releases:

Mickael Jackson, Whitney Houston : are Hollywood doctors to blame?

16 Feb

Should rogue docs in Hollywood be accountable for the death of the two pop superstar singers from prescribed benzodiazepine mixed to alcohol for the latter or anaesthetic medicine like propofol for the former?

English: American singer Whitney Houston perfo...

Image via Wikipedia

Whitney Houston -  Concert in Central Park   /...

Whitney Houston - Concert in Central Park / Good Morning America 2009 - Manhattan NYC (Photo credit: asterix611)

That the question each and every medical doctors in the world should ask themselves.

The least that it can be said is that the two artists were not helped by their medical entourage nor friendship circle.

Certainly they were deeply unhappy and isolated in the middle of celebrity and superficial relationship or greedy managers.

It remembers me a maxim my cousin shared few days ago on Facebook: “there is no way to happiness, happiness is the way”. And definitely the worst way to happiness is to take medicine mixed with alcohol, even worst anaesthetic drug, all the more when they are prescribed or administered by a Hollywood rogue Doc.

Doctor Alon Steinberg, a cardiology expert, gives us his opinion on the CNN channel.
But I understand that it would be very difficult, in private practice in Hollywood to say “no” at an international pop or movie super star! And in another hand superstars know to use their fame to get their pills!
Pharmacies and prescription records are investigated “Doctor shopping” being suspected in the Whitney Houston case.

Videos consulted on CNN:



French wine will not be replaced

12 Jan

A scientist tried to replace wine with a pill, fortunately he fabricated data!

wines we tasted

Image by nyaa_birdies_perch via Flickr

The protective action of red wine against cardiovascular events is well known (at least at low doses!). But a damned scientist tried to put the protective factor that is contained into wine in a single pill. Such trying by his research to replace a glass of wine by swallowing a pill containing resveratrol, a red wine molecule! Luckily, thank god, he fabricated and falsified the data of his research!
French way of live is for a while still a healthy way of life, not challenged by pills as fake studies attempted to demonstrate. This welcomed falsification of data was brought to my attention by the chronicle of higher education, Pharmalott and retraction watch. A three years long University of Connecticut enquiry revealed the misconduct.
Read more here:

Research Works Act

7 Jan

Free access to publicly funded research

English: This is the first issue of California...

Image via Wikipedia

How can people access freely to publicly funded research results?
From two things one: – either the government agencies buy the copyrights of privates scholarly publishers and then make available articles on governmental web sites
– or it publish himself the final reports or the intermediate or progress reports that the publicly funded researchers have produced.
But one thing for sure, since the recent “research works act” bill, the government or the federal agencies have no more the possibility to force or to mandate for free, by rule, the dissemination of the private scholarly publications issued from the peer reviewed journals.

A third possibility should be the government using the open access journals, but in that case instead of buying the copyrights afterward, federal agencies will be charged before the publication procedure.

Nevertheless, we have to keep in mind that the fundamental difference between a final report of a research work and a peer reviewed article issued from the same research work are: – the length (average length for a report: 60 pages vs 20 for an article), – the use of technical and complex words in the writing (because the articles are peer reviewed and aimed at the intention of a wider number of readers, mostly outside the institution, technical words and context have to be explained), – the transfer of responsibility in case of mistake or falsification of data (private publisher are eager to retract the article if a falsification or a conflict of interest is disclosed but will a federal agencies do the same?) and last but not least – scholarly publications are the products of multinational, world-wide expanded, globalised enterprises that are independent from the policy of a single state. And this must be seen as a guarantee of the independence of science from political pressure like, for example, the recent attempt by the US government to stop the publication by a Netherlander searchers team of their findings on the H5N1 flu virus mutation capacity (see here and here for more information).

Below are three references if you want to read more on the topic of the dissemination of research works:

1)My Argument for Public Access to Research Reports

2)Publishers Applaud “Research Works Act,”Bipartisan Legislation To End

Government Mandates on Private-Sector Scholarly Publishing

3)A BILLTo ensure the continued publication and integrity of peer-

reviewed research works by the private sector.

%d bloggers like this: