Lawsuit Against CDC for Suppressing Early Detection Testing

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Who is eligible?

Eligibility is still under discussion; however, it is clear that patients misdiagnosed prior to 2010 will not be able to participate. If you continued to receive negative test results due to faulty testing in 2010 or after, you may be eligible to participate in the suit. Test results, statute of limitations, and other deciding factors will need to be considered.

How to participate?

Moore Leonhardt & Associates are currently developing intake tools to begin collecting demographics, a potential claimant data base and a centralized hub for the collection of information. To participate, or to learn if you are eligible to participate, Lyme Advise suggests contacting the law firm directly.

Moore Leonhardt & Associates
67 Russ Street, 2nd Floor
Hartford, CT 06106
860-216-6337
paralegal@mooreleonhardt.com
www.mooreleonhardt.com

How can you help?

This is a massive undertaking for any law firm. There will be many needs to be met along the way. Moore Leonhardt & Associates will quite possibly need volunteers to assist. If you are interested in volunteering or participating please contact the law office.

There will also possibly be a need for additional lawyers; if you are attorney affected by Lyme disease and have the ability to help partake in this, please contact the law office to discuss how you may be able to assist.

Funding, partnerships with Lyme organizations and media assistance will be needed. If you are able to assist in any of those categories, please contact the law office to discuss how you may be able to assist.

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What is happening?

There is currently a form of a class-action lawsuit in development against the CDC and other entities causing personal injury to the public regarding the lack of use, suppression, and failure to promote a PCR (DNA sequencing) test, developed by Dr. Sin Hang Lee, which has been available since 2010 for early Lyme disease detection. Early detection of Lyme disease is crucial for treatment and avoidance of long term, often lifetime for many, complications of Lyme disease. While the CDC currently has no affirmative duty to promote any one specific test, the CDC has endorsed and directed physicians to use faulty testing. During meetings with Dr. Lee, the plaintiff in the case, and his attorney, Mary Alice Moore Leonhardt, it was suggested and appears that the CDC and several of the CDC members receive royalties for each of the faulty tests administered and will continue to receive money as long as these faulty tests are being used. The marginalization of Lyme disease by the CDC is being called a heinous act and a crime against humanity that is leaving hundreds of thousands of patients disabled and victimized by government entities and medical organizations looking to do nothing more than line their pockets with money at the expense of citizen’s lives.

Due to the CDC being a government entity, creating a lawsuit and seeking accountability is no easy task. There is a current complaint pending with the courts but it could take up to 6 months for Dr. Lee and his legal team to receive permission from the government to go forward with the lawsuit against the CDC. Dr. Lee is seeking damages of over 50 million dollars from the CDC, but more importantly, Dr. Lee and his team, are focused on this in hopes that it will open the door to many in the Lyme Community who have suffered because they were not properly diagnosed in the early stages of Lyme due to faulty testing promoted by the CDC. Government and court approval to move forward with the case will open the door to Lyme patients to move forward in the wake of Dr. Lee, by filing their own SF-95 forms. Ms. Moore-Leonhardt and Dr. Lee are attempting to break through the necessary legal barriers on behalf of the Lyme Community; a truly massive undertaking.

Potential success is debatable. It isn’t the first time someone within the Lyme Community has tried to take legal action to hold the CDC accountable. The organization is protected by the government, existing patents worth millions upon millions of dollars are at stake, and the need to protect organizations from having to admit wrong doing that has caused irreparable, long term damage to the lives of hundreds upon hundreds of thousands of people is strong.


Test uses DNA to detect Lyme disease by Frank Juliano
April 3, 2010
Published by the Connecticut Post

A Milford Hospital pathologist has developed a test to positively diagnose Lyme disease, and to identify the bacteria that causes it within days of infection.

That is a major advance in treating a disease that is common in the region but difficult to diagnose with standard blood tests, Dr. Sin Hang Lee said.

The research is being published in the April issue of the American Journal of Clinical Pathology, said hospital spokesman Ken Warren.

Lee and his team used the ticks that anxious mothers had brought with them to the hospital over the years to sequence the DNA of the spirochete, the specific bacteria that infects the bodies of Lyme patients.

"If the DNA matches it is positive proof that the bacteria is in the body,'' Lee said. "It is like getting the ID of a criminal, or his unique Social Security number.'' The test is available now and is covered by all major health insurance providers except Aetna, Lee said. The cost to the patient is the same: the co-pay for lab tests, he said.

Milford Medical Laboratory, affiliated with the hospital, performs the test but so can any hospital or commercial lab that has DNA sequencing equipment, the pathologist said. "We have not patented this and we are not looking to profit from it.''