RICO NICO Colorado , NICO Man goes to Texas
texindianabob_at_yahoo.com
Date: 08/22/04
- Next message: Joel M. Eichen, D.D.S.: "Re: Broken Wisdom Tooth"
- Previous message: Kjell Erik Tonne: "Re: Two Guys Golfing..."
- Messages sorted by: [ date ] [ thread ]
Date: 22 Aug 2004 13:07:35 -0700
Jerry Bouquot
Title, Name Mr Jerry Bouquot
Postal Address P.O. Box 20068
Houston, TX 77225-0068
Work Phone +1 (713) 500-4406
Room Number(s) DBB 3.094B
Physical Address 6516 MD Anderson Blvd, Houston, TX 77030
E-Mail Address Jerry.Bouquot@uth.tmc.edu
UTH Group: Dental Branch
* Diagnostic Sciences
* Faculty
* Professor
_______________________________________________________________________________
article about Bouquot in Dominion Post
http://www.dominionpost.com/a/news/2004/07/19/bl/
________________________________________________________________________________
Jerry E. Bouquot See:
http://www.altcorp.com/AffinityLaboratory/cavitatupdate.htm
-----------------------------------------------------------------------------------------------------------------------------------------
_______________________________________________________________________________-
DISTRICT COURT, CITY & COUNTY OF DENVER
Court Address: 1437 Bannock Street
Denver, CO 80202
Telephone: 720.865.8301
D COURT USE ONLY D
_____________________________
Case Number:
Div.: Ctrm.:
CAVITAT MEDICAL TECHNOLOGIES, INC., and
ROBERT J. JONES,
Plaintiffs,
v.
AETNA, INC.,
Defendant.
WALTER L. GERASH LAW FIRM, P.C.
Walter L. Gerash #2373
Andrew B. Reid, #25116
James F. Scherer #14291
Lonn M. Heymann #34793
1439 Court Place, Denver CO 80202
TELEPHONE: (303) 825-5400
FAX: (303) 623-2101
ATTORNEYS FOR PLAINTIFFS
COMPLAINT AND DEMAND FOR JURY TRIAL
COME NOW, the Plaintiffs, CAVITAT MEDICAL
TECHNOLOGIES, INC., and ROBERT J. JONES, by and
through their counsel, the WALTER L. GERASH LAW FIRM,
P.C., and for their Complaint against the Defendant
AETNA, INC. state as follows:
GENERAL ALLEGATIONS
1. Plaintiff CAVITAT Medical
Technologies, Inc. ("CAVITAT, Inc.") is a corporation
organized under the laws of the State of Colorado and
has its principle place of business in the state of
Colorado 80014. CAVITAT, Inc. is engaged in the
business of manufacturing the CAVITAT, a sonar bone
imaging instrument, in Colorado and markets the tool
and the technology in Colorado, the United States and
internationally.
2. Plaintiff Robert J. Jones is
a resident of the state of Colorado. Mr. Jones is the
co-inventor of the CAVITAT and the founder of CAVITAT,
Inc. Mr. Jones is the President and CEO of, and a
major shareholder in, CAVITAT, Inc.
3. Defendant Aetna, Inc. ("Aetna")
is a Pennsylvania corporation which directly and
through its subsidiaries is engaged in the business of
providing medical and dental insurance in all 50
states of the United States, including the state of
Colorado and the County of Denver.
4. Quackwatch (aka "Quackwatch,
Inc.") is a Pennsylvania corporation engaged in the
activity of disseminating and publishing information
regarding what it purports to be "health-related
frauds, myths, fads, and fallacies." Such information
is disseminated and published in nationally and
internationally to the public, including Aetna, among
others. Quackwatch is funded by, among other sources,
Stephen Barrett ("Barrett"), individual contributions,
and profits from the sales of its publications.
Barrett is the founder and an officer and chairman of
the board of Quackwatch and operator of its website.
Barrett with Robert S. Baratz ("Baratz"), John Dodes
("Dodes"), and Marvin Schissel ("Schissel") are
jointly engaged in Dental Watch, a project of
Quackwatch.
5. National Council Against Heath
Fraud ("NCAHF") is a California corporation engaged in
the activity of disseminating and publishing
information regarding what it purports to be "health
misinformation, fraud, and quackery." Such
information is disseminated and published in
nationally and internationally to the public,
including Aetna., among others. NCAHF is funded by,
among other sources, individual contributions and
membership dues. Barrett and Baratz are officers of
NCAHF and Dodes is an officer of the NCAHF New York
chapter..
6. John E. Dodes is the co-author
with Marvin Schissel of "Cavitational Osteopathosis,
NICO, and ‘Biological Dentistry'" ("Dodes & Schissel
Paper"). The Paper was not peer reviewed.
7. Working with experts in the
field of maxillofacial surgery, in the early 1990's
Mr. Jones invented the CAVITAT, a sonar imaging system
that uses ultrasound technology to create a computer
image of bones. The present focus of application is
upon detection of jawbone pathology, however the
technology has wide application for other bones in the
body.
8. When the CAVITAT is used, sound
waves are sent through the bone via a very small
transducer, which is pressed against the outside of
the cheek. The ultrasound waves sent through the bone
and picked up by the sensor on the opposite side of
the bone can locate areas of bone loss or destruction.
Once the signal data is acquired, it is sent to a
computer, which converts it to a digital perspective
3-D color image.
9. The CAVITAT is completely safe
as applied to the human body. It produces no ionizing
radiation. The CAVITAT is intended to be used in
conjunction with other diagnostic tools, such as
x-rays, by a healthcare provider.
10. In March of 2001, Plaintiffs
applied for FDA 510(k) approval to market CAVITAT.
Thereafter, Plaintiffs began marketing, production,
and sales of the CAVITAT in Colorado, nationally, and
internationally under their 501(k) application.
Plaintiffs received final FDA clearance on February
15, 2002.
11. In February, 1998, and January,
2001, Mr. Jones applied for his United State patents
for the CAVITAT technology. The patents were awarded
on February 29, 2000, and March 2, 2004, respectively.
Mr. Jones has 21 claims on the first patent and 17
claims on a second patent regarding the CAVITAT and
its technology.
12. After Plaintiffs applied for FDA
approval in 2001, and at all times hence to the
present day, Quackwatch, NCAHF, Barrett, Baratz,
Dodes, and Schissel disseminated and published on the
internet and in other media to the public, including
Aetna., among others, the Dodes & Schissel Paper and
other information regarding the use and efficacy of
diagnostic tools, such as the CAVITAT, in the
detection of infected cavities within jaw bones, a
condition termed neuralagia inducing cavitational
osteonecrosis ("NICO").
13. Specifically, said these
entities and persons asserted that there is no
scientific evidence to support the existence of NICO
as a medical condition or the diagnostic methods used
to identify the medical condition. They asserted that
dental practice which engages the diagnosis of NICO is
fraudulent and that the submission of insurance claims
for such practice is insurance fraud and is a
violation of dental licensing requirements. These
assertions were false and misleading and defamatory.
14. After receiving this information
from these entities and persons, Aetna adopted and
published and disseminated to its insureds, medical
and dental health service providers, the medical and
dental and insurance industries, and the public, a
clinical policy which categorically denied insurance
coverage for the diagnosis and treatment of NICO and
specifically denied insurance coverage for use of the
CAVITAT ultrasonograph. In its policy publication and
dissemination, Aetna cited extensively to the Dodes
and Schissel Paper and asserted that the CAVITAT is
experimental and investigational and that there is no
scientific evidence to support its clinical value.
Aetna further asserted therein that the effectiveness
of the CAVITAT had not been sufficiently demonstrated
before the FDA and had not undergone an appropriate
peer review on the abstracts concerning the CAVITAT.
A true copy of said Aetna policy publication and
dissemination is attached hereto and fully
incorporated herein as Exhibit 1.
15. These assertions which Aetna
knowingly and purposefully published were made
available to millions of persons and entities over the
internet worldwide, including but not limited to
persons in the County of Denver and the state of
Colorado, and to federal and state governmental
agencies, to the dentistry and medical professions, to
dentistry and medical licensing boards, to dentistry
and medical associations, and to insurance claims
examiners and companies, among others,
16. These assertions which Aetna
knowingly and purposefully published and disseminated
were and are false and misleading and defamatory.
17. At the time these assertions
were published and disseminated, Aetna knew or should
have known that the assertions were false and
misleading and defamatory.
18. At the time of the aforesaid
acts by Aetna, Plaintiff CAVITAT, Inc. had existing
contracts and prospective contracts for the purchase
and use of the CAVITAT and associated technology.
19. Following the commission of the
aforesaid acts by Aetna, the sales of the CAVITAT by
CAVITAT, Inc., and the profits therefrom, were
decimated as the current and potential purchasers and
users of the CAVITAT could not be assured of insurance
coverage and were put in fear of criminal or civil
sanctions, including malpractice, and the loss of or
restrictions on their licenses to practice dentistry
or medicine.
20. As a direct and proximate result
of the aforesaid acts of Aetna, Plaintiff CAVITAT,
Inc. and its product and technology, the CAVITAT,
suffered and continues to suffer severe injury to the
reputation and marketability of each and a great loss
in profits. The acts of Aetna discouraged existing
and potential purchasers and users and investors and
caused and continues to cause CAVITAT, Inc. great
pecuniary loss.
21. As a direct and proximate result
of the aforesaid acts of Aetna, Plaintiff Robert J.
Jones suffered and continues to suffer severe injury
to his reputation as the inventor of the CAVITAT and
its technology, as the founder of CAVITAT, Inc., and
as their primary spokesperson. Plaintiff Jones
further suffered and contuse to suffer substantial
pecuniary injury in the loss of the value of his
shares and interests in CAVITAT, Inc., and in the loss
of his investment in CAVITAT, Inc., the CAVITAT, and
the technology. Plaintiff Jones has also suffered and
continues to suffer injury for emotional distress.
FIRST CLAIM FOR RELIEF
(Publication of Injurious Falsehood)
22. Plaintiffs reallege Paragraphs 1
through 21 above as though set forth in full herein.
23. Aetna failed to conduct
appropriate due diligence to determine the
truthfulness of its assertions in regard to NICO and
diagnostic procedures and technology, particularly the
CAVITAT.
24. The aforesaid acts of Aetna were
done with malicious intent to injure the Plaintiffs.
25. The circumstances under which Aetna's
publications were made were such as to make reliance
on the publication by prospective CAVITAT purchasers
and users, and their patients, and the current and
prospective investors in CAVITAT, Inc., and its
technology, reasonably foreseeable.
26. Prospective CAVITAT purchasers and users,
and their patients, and the current and prospective
investors in CAVITAT, Inc., and its technology, would
understand the injurious nature of Aetna's
publications.
27. Prospective CAVITAT purchasers and users,
and their patients, and the current and prospective
investors in CAVITAT, Inc., and its technology, would
associate the injurious publications of Aetna with
CAVITAT, Inc.
28. Aetna's relationship with
CAVITAT, Inc. is competitive in nature in that CAVITAT
usage to assist patients and their healthcare
providers would contractually compel Aetna to pay for
CAVITAT usage through its insurance policies.
29. Aetna intentionally published
defamatory statements, which was known to be false and
misleading, for the purpose of injuring the plaintiff
and obtaining a competitive advantage.
30. As a direct and proximate result
of the aforesaid acts of the Defendant, Plaintiffs
suffered the injuries set forth in Paragraphs 20 and
21 above.
SECOND CLAIM FOR RELIEF
(Tortious Interference with a Prospective Business
Advantage)
31. Plaintiffs reallege Paragraphs 1
through 30 above as though set forth in full herein.
32. Plaintiffs had a prospective business
relationship with third parties independent of Aetna,
namely dentists, dental surgeons, and physicians who
were potential CAVITAT purchasers throughout the state
of Colorado, the United States, Canada, Mexico, South
America, Europe, and other parts of the world.
33. Plaintiffs had a reasonable expectancy of
economic gain resulting from these prospective
relationships.
34. Aetna engaged in conduct alleged above that
had an adverse effect on these relationships.
35. Aetna intended to cause the destruction of
or harm to these
relationships.
36. Aetna's conduct was a proximate cause of the
destruction of or harm to these relationships.
37. As a direct and proximate result of the
aforesaid acts of Defendant, Plaintiffs suffered the
injuries set forth in Paragraphs 20 and 21 above.
THIRD CLAIM FOR RELIEF
(Negligent Interference with a Prospective Business
Advantage)
38. Plaintiffs reallege Paragraphs 1
through 37 above as though set forth in full herein.
39. Aetna possessed a duty not to interfere with
the Plaintiffs' prospective relationships.
40. Aetna negligently engaged in conduct alleged
above that had an adverse effect on the relationship.
41. Aetna's conduct was a proximate cause of the
destruction of or harm to the relationship.
42. As a direct and proximate result of the
aforesaid acts by Aetna, Plaintiffs suffered the
injuries set forth in Paragraphs 20 and 21 above.
FOURTH CLAIM FOR RELIEF
(Interference With Contract Or Prospective Contractual
Relation)
43. Plaintiffs reallege Paragraphs 1 through 42
above as though set forth in full herein.
44. Aetna, by the aforesaid acts, wrongfully
interfered with existing and prospective contracts
between CAVITAT Inc. and CAVITAT purchasers.
45. Aetna, by the aforesaid acts, employed
wrongful means to interfere with CAVITAT Inc.'s
contracts.
46. Aetna, by the aforesaid acts, created or
continued an unlawful restraint of trade.
47. Aetna's purpose is at least in part to
advance its interest in saving its own costs on
insuring its clients.
48. Aetna's acts set forth above have interfered
with and negatively impacted the social interests of
promoting new technologies to diagnose debilitating
illnesses and of allowing qualified dental surgeons to
decide how best to diagnose their patients.
49. Prospective and existing CAVITAT purchase
contracts between dentists and dental surgeons and
CAVITAT Inc. were broken in close temporal proximity
to Aetna's aforesaid interference.
50. As a direct and proximate result
of the aforesaid acts of the Defendant, Plaintiffs
have suffered the injuries set forth in Paragraphs 20
and 21 above.
FIFTH CLAIM FOR RELIEF
(Federal and State RICO [18 U.S.C.A. §§ 1961 et seq.
and C.R.S. §18-17-104])
51. Plaintiffs reallege Paragraphs 1
through 50 above as though set forth in full herein.
52. Aetna, Quackwatch, NCAHF,
Barrett, Baratz, Dodes, and Schissel, at all relevant
times herein were and are each "persons" as defined by
18 U.S.C. §1961(3) and C.R.S. §18-17-103(4).
53. Aetna, Quackwatch, NCAHF,
Barrett, Baratz, Dodes, and Schissel, at all relevant
times herein, were and are each engaged in an
"enterprise" within the meaning of 18 U.S.C. §1961(4)
and C.R.S. §18-17-103(2).
54. Aetna, Quackwatch, NCAHF,
Barrett, Baratz, Dodes, and Schissel, at all relevant
times herein, were and are each engaged in joint
conduct in the intentional and purposeful transmittal
by mail and by wire in interstate or foreign commerce
false or fraudulent writings regarding the methods and
tools used to diagnose NICO, including the CAVITAT.
Aetna and said persons and entities were and are
associated in fact for a common joint purpose, and
collectively constitute an "enterprise" within the
meaning of 18 U.S.C. §1961(4) and C.R.S.
§18-17-103(2).
55. Aetna, Quackwatch, NCAHF,
Barrett, Baratz, Dodes, and Schissel, at all relevant
times herein, were and are each employed or associated
with an enterprise, and participated and participates
in the conduct of the enterprise affairs through a
pattern of racketeering activity in violation of 18
U.S.C. §1962(c) and C.R.S. §18-17-104(3). Said
pattern of racketeering activity included and
includes, but was and is not limited to, the
preparation, publication, dissemination, and
transmittal of information by U.S. Mail and by wire
through internet web sites by wire and other media,
which falsely represented the Plaintiffs' product and
technology, constituting a violation of 18 U.S.C. §§
1341, 1343, 1347, and 1349, and C.R.S.
§18-17-103(5)(a); and
56. As a direct and proximate result
of the conduct of Aetna as set forth above, the
Plaintiffs suffered the injuries set forth in
Paragraphs 20 and 21 above.
WHEREFORE, Plaintiffs pray for judgment
against Defendant Aetna, Inc. as follows:
General damages in an amount to be
determined by a jury as compensation for injuries to
Plaintiff CAVITAT Inc., including but not limited to,
its business reputation and good will, its market
value, its profits and business, and its future
profits and investments;
General damages in an amount to be
determined by a jury as compensation for injuries to
Plaintiff Robert Jones, including but not limited to,
his emotional suffering and injuries to his business
and personal reputations, the value and profits from
his shares in CAVITAT Inc., and the value and profits
in the sale and marketing of the CAVITAT and
associated technology;
Special damages in an amount to be
determined by a jury are further requested by
Plaintiff CAVITAT Inc. as compensation for the loss of
specific business transactions;
Pre- and post- judgment interest; and
Costs and such other relief as this Court
may deem proper.
PLAINTIFFS DEMAND A TRIAL TO A JURY OF SIX (6) PERSONS
ON ALL ISSUES SO TRIABLE.
Respectfully submitted this 12th day of August, 2004.
WALTER L. GERASH LAW FIRM,
P.C.
By: (original
signature on file)
Walter L. Gerash #2373
Andrew B. Reid #25116
James F. Scherer #14291
Lonn M. Heymann #34793
1439 Court Place
Denver, CO 80202
Tel: (303) 825-5400
Fax: (303) 623-2101
ATTORNEYS FOR PLAINTIFFS
Address of Plaintiffs
Robert J. Jones
CAVITAT Medical Technologies Inc.
10730 E. Bethany Dr., Ste. 112
Aurora, CO 80014
- Next message: Joel M. Eichen, D.D.S.: "Re: Broken Wisdom Tooth"
- Previous message: Kjell Erik Tonne: "Re: Two Guys Golfing..."
- Messages sorted by: [ date ] [ thread ]
Relevant Pages
|
