October 15, 2014
by ANH-USA Staff
(ANH-USA.com) Cancer pioneer Stanislaw Burzynski has just won the first round of a new and particularly underhanded attack from the TMB.
We have been telling you about Dr. Burzynski’s lifesaving antineoplaston treatment, and the persecution he has received at the hand of the Texas Medical Board. This time the TMB filed a 200-page complaint against him, which focused on alleged “FDA violations”—i.e., FDA warning letters about some minor recordkeeping deficiencies in his recently approved phase 2 clinical trials and some promotional claims for the antineoplastons. The TMB claimed that these technical violations of the federal statute were de facto violations of the state medical practice law.
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Dr. Burzynski’s lawyer, Rick Jaffe, moved to dismiss all the charges on the grounds that a state medical board doesn’t have the jurisdiction to try federal issues. The judge agreed: under board statutes, only a violation of federal criminal law could justify action from the state board, and the alleged recordkeeping and promotional errors in question are not violations of criminal law. The TMB will now have to amend its complaint in order to continue the case.
Jaffe noted that citing federal violations as grounds for a state licensing action was completely unprecedented. He expects it will have a chilling effect on doctors who wish to pursue clinical trials, especially given that minor paperwork errors are not uncommon.
The TMB has been attacking Dr. Burzynski since the 1980s, and has filed two previous cases against him—one of them unsuccessful. In the other, Dr. Burzynski was ultimately found guilty of providing an unapproved new drug in violation of state and FDA law. It’s a rather serpentine history, but an associate law judge ruled in favor of Dr. Burzynski; the TMB reversed the decision; a federal district court threw out the case, but then an appellate court reversed and reinstated the TMB order.
Dr. B., however, is not the TMB’s only target. The TMB’s constant attacks on numerous Texas integrative physicians prompted the American Association of Physician and Surgeons (AAPS) to sue the TMB in 2007, charging them with “pervasive and continuing violations of…constitutional rights.”
Dr. Stanislaw Burzynski Video Clip 1 & Video Clip 2