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Whistleblower Protection: Peer Review Immunity
1A3. Donald Caldwell Arthur AB, MA, MD, Ph.D, JD:
| "His resume says a lot," |
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| Mullen said. "BA, MA, JD, PhD and of course MD. He's got more degrees than a thermometer." Click. |
| Vice-Admiral D.C. Arthur |
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| Wikipedia Article |
| Chicago Tribune |
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| Article by Russell Working |
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533 Elizabeth Place
Portsmouth, Virginia 23704
28 June 2012
The Honorable Robert Scott
United States House of Representatives
Washington, D.C. 20515
Dear Congressman Scott:
I am a constituent from Portsmouth, Virginia. Today I am sending this statement for the Congressional Record:
Physician Peer Review Reform –
Physician Whistleblower
Henry E. Butler III, M.D. FACS
Commander, USNR (Ret.)
Under protection of Public Law 100-456 (the McDermott-Boxer Amendment) I respectfully report that I was ordered
NOT to testify on behalf of a colleague, Eric S. Gluck M.D., LCDR, USNR after he had become a military whistleblower for patient
safety.
I reported this illegal order (witness tampering) to my former congressman, the Honorable Henry A. Waxman J.D.
as a violation of law. I reported it to the
Honorable James McDermott M.D., Senator Feinstein, Senator Boxer, and to the Honorable Robert Scott, my new congressman. Two weeks ago I was called by Mr. Fred Downey of Senator Lieberman's office.
I have Gluck, but LCDR Medina refused to take evidence even though I am a named witness
and even though Senator Lieberman requested Navy Secretary Winter to look into Dr. Gluck's situation. I believe LCDR Medina is obstructing justice: The navy cannot investigate
itself.
Until this case is independently investigated with proper respect
for due process of law and restitution of Dr. Gluck's position such that he is granted access to his own personnel records,
I believe physicians enlist in the "World's Finest Navy" at some considerable risk for the safety of their patients and their
career. It is the rule of law that we defend, and Dr. Gluck has been denied due process
of law despite the fact that the naval surgeon general, Donald Arthur J.D., M.D., is an attorney according to his official
biography. Details of this case can be found at www.SemmelweisSociety.net.
Sincerely,
Henry E. Butler III, M.D. FACS
cc:
Dr. McDermott
533 Elizabeth Place
Portsmouth, Virginia 23704
23 April 2007
The Honorable Robert C. Scott
United States House of Representatives
Washington, D.C. 20515
Dear Sir:
Enclosed is correspondence in which another officer, Lieutenant Colonel Stephen W. Smith, and I cite
violations of law in federal agencies, both civilian and military. We met Congressman McDermott 9 years ago to discuss similar
violations.
I served 20 years on Active Duty and remain in the Fleet Reserve; I therefore request your protection
from further reprisal for whistleblowing as stated herein. I recently registered to vote in your district.
As stated in some detail, there is an active case of reprisal against a surgical colleague. He reported
patient endangerment at two federally-supported hospitals (one civilian hospital supported by Medicare; one naval hospital
supported by DOD) and was drummed out of the Navy without even access to his own personnel records, in violation, I believe,
of the Privacy Act.
Several present and former officers have requested investigation, restitution, and compensation,
but without success. The victim is without counsel and impoverished without judicial review, perhaps somewhat like GIDEON
v. Wainwright. To the non-legal mind, this is simply a modern Dreyfus Case in the American Navy rather than the French Army.
Either way, it is a disgrace which has an easy administrative remedy.
The victim, Lieutenant Commander Eric S. Gluck, should be allowed access to his own naval personnel
records so he can request restitution before the Board For Correction of Naval Records. Vice-Admiral Donald C. Arthur M.D.,
J.D., Ph.D. should be invited to participate in the restitution of Dr. Gluck. If we continue to deny this man due process
of law, we will have committed legal rendition without even a signing statement, and by destroying the rule of law we are
sworn to defend, we will have broken our oath to defend the Constitution against "all Enemies, foreign and Domestic." We will
have deprived ourselves of that which we defend above all else, the rule of law.
Sincerely,
Henry E. Butler III, M.D., FACS
Commander, USNR (Ret.)
Enclosure (1)
Letter to The Honorable James McDermott
1B. Anthony Colantonio M.D., J.D., FACS, New York
"Six of my cases were brought up for review by a tissue committee controlled by competitors.
A nurse (sic), employed by the Saint Francis Hospital, testified that I had the highest rate of complication. Why such testimony
was admitted is a matter of some interest, in itself. Liability for bearing false witness is an important related matter,
in itself, and falls under the topic of immunity. Under our gracious new laws, I would not be able to win $500,000 today
were a nurse again caught committing libel." Verner S. Waite M.D., FACS, Downey, California
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