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Legal case against IDSA doctors making progress

[CanLyme Note: In this case the IDSA means Infectious Disease Society of America who are the defendant doctors.  The Lyme disease file in Canada is dominated by IDSA, via their Canadian equivalent AMMI, the Association of Medical Microbiology and Infectious Diseases of Canada who are just as devoid of ethical standards who control the highest positions within our health systems provincially and federally that have anything to do with Lyme disease. RICO means ‘racketeer influenced and corrupt organizations’]

“Plaintiffs sufficiently pleaded RICO claims under the relaxed pleading standard. As noted in the Court’s prior order, Plaintiffs “have provided an outline of the Defendants’ scheme to defraud.” Docket No. 114 at 29. If anything, the Amended Complaint provides greater detail of the scheme than the Original Complaint did and includes allegations for all four elements of a fraud claim: (1) a scheme to defraud chronic Lyme disease sufferers by denying that chronic Lyme disease exists and propounding treatment guidelines to perpetuate that myth; (2) the Insurance Defendants used interstate mail and/or wire to pay the Doctor Defendants; (3) the payments were intended to induce the Doctor Defendants to participate in the scheme; and (4) Plaintiffs were injured by their need to tirelessly seek medical treatment for their chronic disease. See In re Burzynski, 989 F.2d at 742. The Amended Complaint also includes allegations regarding the nature of the fraudulent claims, the underlying fraudulent activity and when the activity occurred. Moreover, Plaintiffs have adequately alleged that the missing information—who paid whom and when the payments occurred—is necessarily in Defendants’ possession, as are the details of which Insurance Defendants, if any, reported doctors to their state medical boards. Plaintiffs are excused for not providing the detail Defendants demand. The need for the Court to grant motions to compel, see Docket Nos. 255, 190, indicates that Defendants have been less than forthcoming during the discovery period and explains why Plaintiffs could not plead those details by the Court-ordered deadline. Plaintiffs have stated their claims under RICO.”

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One Comment

  1. I want to be included in this class action! 35 years since tick bites I have been Dxed clinical in Canada (eminent microbiologist) and Igenex serology in USA , and I remain unable to obtain adequate care by ID specialist. I will prepare a file against a specific hospital services for denying proper medication. I beleive I am now dying from this bacteria now located in cartilages chest ears and recently DXed with leaking pulmonay hart valve. Thank you!

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