Affidavit of Henry E. Butler III M.D.

 

 

HENRY EMERSON BUTLER III, M.D., being first duly sworn, deposes and states as follows:

 

1.                  My name is Henry Butler, MD. I am a citizen of Portsmouth, VA, residing at 533 Elizabeth Place, Portsmouth, VA, 23704. I have lived at this address for the last 10 years.

2.                  I am a practicing physician and practice medicine as a locum tenans surgeon, presently working for the Federal Government in Augusta, GA.

3.                  I am licensed to practice medicine in North and South Carolina, Virginia, and Indiana.

4.                  I am over the age of 18 years and have never been convicted of a felony.

5.                  I am competent in all respects based on my personal and medical knowledge to make the statements and submit the opinions in this affidavit.

6.                  I was a Navy surgeon with the rank of Commander at the time that I retired in 2005.

7.                  While I was in the Navy, false and improper charges were brought against a colleague of mine stationed at the Navy Medical Center in Groton, CT.

8.                  The name of this colleague was Lieutenant Commander Eric S. Gluck.

9.                  At the time that the allegations were made against LCDR Gluck, I was well aware of the cases involved and also the actual events related to these cases.

10.              In addition, I was aware of the capabilities of Dr. Gluck as I had personally operated with him on approximately 12 occasions.

11.              Dr. Gluck was and is an extremely competent and well-trained surgeon with superior technical skills, and an exceptional fund of knowledge.

12.              Dr. Gluck had additional specialized training in laparoscopy that was unavailable at the time that he arrived in Groton, CT.

13.               Dr. Gluck identified several cases of patient endangerment and reported this to his superiors. These cases occurred at both the Groton Naval Hospital and the Backus Memorial Hospital in Norwich, Connecticut.

14.              I personally reviewed the cases of patient endangerment and likewise concluded based on my medical training and experience that Dr. Gluck had properly identified genuine problems.

15.              Shortly after these reports over a several month period, Dr. Gluck was investigated with charges that I personally determined to be unfounded and was excluded from practice by the deputy commander, Captain John Burkhart, despite being exonerated by his Commanding Officer, Captain Adkisson.

16.              The Deputy Commander, Captain John Burkhart, wrongfully and in violation of Navy regulations, exceeded his authority and suspended Dr. Gluck in retaliation for the reports of patient endangerment, in my opinion, by creating an invalid charge against Dr. Gluck.

17.              Even after Dr. Gluck was exonerated by Captain Adkisson at peer review, Captain Burkhart again in violation of regulations and further demonstrating bad faith and insubordination, refused to allow Dr. Gluck to see any patients for a period of 18 months.

18.              The, after 18 months, Dr. Gluck was improperly not renewed for service in the Navy despite applying to stay on active duty when there was a critical shortage of trained surgeons and $50,000 bonuses were being paid to new surgeon recruits and for surgeons to extend.

19.              In July 2000, I was named as a witness on behalf of Dr. Gluck at his request. I agreed to testify as I was aware of his competence and the actual cases involved.

20.              My Deputy Commander, Captain Sidney Ranck, told me that Captain Burkhart had called from Groton regarding my testimony, and conveyed that my testimony was not needed--ordering me not to testify.  Dr. Gluck never told me that I was not needed.

21.              Dr. Gluck told me that several of his witnesses had been similarly instructed.

22.              I sought legal counsel from LCDR Andrew Blum, and I was told that I had been issued an illegal order.

23.              He and I went to speak to Captain Ranck, and Captain Thomas Cullison, Commander of the hospital at Camp Lejeune, where I was stationed.

24.              After this confrontation, Captain Cullison overruled Captain Ranck, and I was allowed to testify, but following this, Captain Ranck denied routine funding for CME, I was told.  The stated reason was that I was not a “team player”.

25.              In December of 2000 Rear Admiral Donald C. Arthur visited Camp Lejeune on an exercise.  He gave a talk indicating that he wanted to know about any problems as he was the Deputy Surgeon General of the Navy.  Rear Admiral Arthur told me to call him anytime.

26.              I was also secretly investigated on one of my cases without notice in January 2001.  I am not aware of this happening to any other doctor at my duty station.

27.              After discussing the case two times over the next three years with Admiral Arthur, he was fully aware of the situation with Dr. Gluck.

28.              In 2003, I went to the DOD IG to report this activity, and no action was ever taken.  The DOD IG investigator was Ms. Eileen Keenan.

29.               In January 2005, when I again contacted now Vice Admiral Arthur, Surgeon General of the Navy, I was confronted by my Deputy Commander, Captain Kevin Gallagher for going outside the chain of command.  

30.              In January 2006, I called the DOD IG hotline and requested an investigation on behalf of Dr. Gluck again.

31.              On July 14, 2006, LT Jeremy Wilkinson was assigned by BUMED to investigate the Dr. Gluck matter. I agreed to meet him with Captain John Donlon at the office of Congressman Rob Simmons (or the Public Library in Norwich) at 13:00 in order to give sworn testimony.

32.              I drove 564 miles to make this meeting and LT Wilkinson never appeared. Therefore I was unable to give testimony.

33.               In the summer of 2006, I called LCDR Carolyn M. Medina, an IG with the Navy, after I had been named as a witness by Dr. Gluck, and she refused to take my testimony and terminated the phone conversation.  

34.              In April of 2007, I called the DOD IG hotline again and spoke to Mr. Chuck Allgood. I told him regarding my experience with LCDR Medina. He appeared to be interested.

35.              I called again 2 weeks later in May of 2007, and he was not available. I spoke to Mrs. Parker, and was told that there was no evidence to warrant investigation.  She suggested that I contact the Navy IG again despite the previous lack of interest.

36.              All of these statements are based on my personnel observation, or knowledge and experience.

 

                                                                        By: ________________________________

                                                                        Henry E. Butler III, MD

 

SUBSCRIBED AND SWORN to before me on this ________of ____________, 2007.

 

STATE OF _____________         )

                                                      )

COUNTY OF ____________      )

 

        Personally appeared before me, a Notary Public of said county and state, Henry Butler, MD, the within named, with whom I am personally acquainted, (or proved to me on the basis of satisfactory evidence) and who acknowledged that he/she executed the within instrument for the purposes therein contained.

     

       Witness my hand, at office, this ______ day of _______________, 2007.

 

                                                                ____________________________

                                                                Notary Public

 

My commission expires: ____________