Pete Cohen chats with Richard A. Jaffe, Esq.

4/2012Pete Cohen chats with Rick Jaffe
(33:59) 11/9/2012
Richard A. Jaffe, Esq.
How did you meet Dr. Burzynski?

A long time ago in 1988, um, he hired us to represent him in his Medical Board case, so, uh, started working for him then, and then there got to be more and more work, and, uh, at some point it was so much work, it was just easier for me to be down here
So I moved from New York to Texas, mostly just to, to represent him, and my wife was in the oil industry, so, it was a “no brainer” for her to move down here too

And how, were you intrigued by this whole case ?
I mean, did you work out straight away that this guy was genuine, and there was really something here ?

No (laugh)
How do you know, you know ?
At the time we represented, uh, a number of a alternative health practitioners around the country, and we heard a lot about Burzynski, but you don’t really know
I mean, um, um, there are a lot of stories out there
Every doctor seems to have a few patients, uh, that were helped
So initially, I mean, how do you know ?
His operation was larger than most of any, uh, health practitioners, alternative health practitioners in the country, and, uh, seemed a lot more sophisticated, but, uh, it’s not really until you dig in the medical records of the patients that you really see what’s going on
I mean, that’s what you really need
I mean,
It’s not really even, it’s
’cause this whole thing about anecdotal evidence, that everyone has testimony
so every doctor
You know what I mean ?
Even charlatans have testimony
one or two people
or 3 or 4 that’ll come, and say w
they were cured, and maybe, maybe the patients really believe that to be the case, but, um, oftentimes there’s other explanations
Prior treatment, um, the nature of the disease
Sometimes it’s such that their natural, the natural history is not straight linear, um, but after looking at some of the medical records, I mean, you know, I think
it’s just,
uh, anybody would become a believer, and indeed, I mean, government, government doctors have come down here and looked at

some of the records, and they were convinced that, that the treatment was causing remissions in some brain cancer patients

So, I mean, obviously lawyers, I imagine many lawyers all over the world would often take on a case, when they know, possibly the guy isn’t telling the truth, but they can see there’s still a story, and they, they, they, they, uh, represent that person, but for you, I suppose
that when you realized that there really was a story here, did you kind of get, emotionally caught up in this whole thing and think: “Right, th this guy’s got a cure for cancer, and I I need to bring this to, bring him to just, not bring him to justice, but, clear his name
Well, I think with Burzynski, more so than any client I’ve ever represented
He represents a unique constellation of medical services
He’s the only guy in the world doing what he’s doing with antineoplastons and now with this treatment, so, it’s really different
Uh, you know, with Burzynski, most of the patients, are in bad shape
They’re either dying, uh, they, or they have a disease for which there is no known cure, you know, like a lot of these brain tumors
So, even from the beginning, what’s different is their are many, many patients back then who were on the treatment, that uh, that felt that without this treatment they were going to die, and so that, that’s much different, than the average, any kind of lawsuit
Right ?
So th th these lawsuits, the Burzynski cases back then and now, uh, these cases matter, in a, in a deeper, and fundamental, and personal way than most anything, well I think that any lawyer does
I mean, any criminal defense lawyer, who defends an individual, is defending that person’s, uh, liberty
Alright ?
Versus incarceration
But here it, it wasn’t so much, or, it wasn’t exclusively about Burzynski, it was really about all these other patients, and they certainly believe they needed him, and, uh, uh, many of them, obviously did
So, so that, that, that’s a whole ‘nother dimension, which typically we lawyers don’t get involved in
So, I mean, it’s a responsibility but also a great privilege to be working on these kinds of cases

You’ve been representing him for how long ?

For a long time
Since 1988, continuously

And can you believe this is still going on ?

Well, you know, uh, it’s, you know, it’s, it’s just ongoing
I mean, until there’s a cure for cancer, for all cancer, either done by acknowledged

or, uh, uh, to be Burzynski’s cure or somebody else’s
I mean, this is ongoing
And I guess the problem is, you know, ultimately, there’s nobody yet
Not even Burzynski has the cure for every cancer or
even every stage, or even ev, every, ev, ev, every person that had cancer
So, because it’s such a tough battle, and because, it doesn’t work on everyone
So you have these open questions
Ah, so, so,
Yeah, I mean, I guess, I, I can’t believe he’s still messing around with these clinical trials
I mean, I think that if the drug didn’t have his name attached to it, it’d probably would have been approved by now
So, and I think, so that, that’s unfortunate, I think, that when you fight the FDA, and even if you win, you know, the F, the repercussions, you know, you know I, you know I
Hopefully the drug will be approved, sometime in the future, but, but who knows ?

So, um, why do you think, why was it, I mean, obviously I came over here as you know, for this case, which is now not going ahead at the moment
Why, why, why is that ?
Wha, what has the judge, said ?

Well, of course, you have to (under)stand, this case involves a different type of treatment
It doesn’t involve antineoplastons,the drug Dr. Burzynski invented, and your friend is receiving, and it involves a new approach to cancer, which is sort of like personalized medicine, where they take a bunch of FDA approved drugs, that have shown some promise, on a particular cancer, but are not, uh, approved for that indication, and based on these early clinical trials showing promising results for genetic testing they give these combinations of FDA approved drugs, off-label to patients, and that’s really what the, this case is about, and, uh, you know I think, I don’t think they, they never had a case
I mean, they never had a case
The, the main allegation, in each, of the 2 patients involved, is that they used this treatment, which wasn’t sufficiently tested, and was non-therapeutic, and whatnot, and we had a, what I would call a dry run
We presented the evidence to the Board, or 2 members of the Board, in both of these cases
In each, in each case, the Board members felt that the treatment, was within the standard of care, given the advanced condition of the patient, or one patient, and given how rare the other patient’s tumor was
So, we had our dry run in each case, and the Board found in our favor on the main charge
They had some technical issues with medical records or whatnot, and, uh, the Board basically said, they took the position, ok, agree to some kind of sanction on these little charges, or, or we’re going to go after you on everything
So, we refused the honor, and, uh, the Board then charged him with the same thing that they already cleared him with, or on, and, and so we had to do, you know, basically the same case again, and, uh, the irony in, is in these 2 cases Burzynski wasn’t even in the country
He was, he was, he was away for, uh, in both, for both cases, when the patientscame
So, uh, the question is how do you hold someone responsible
Even if you own the clinic, for treatment administered and prescribed, by other doctors, and that concept of vicarious liability does not, uh, exist in jurisprudence, and in the law governing professional re, responsibility, anywhere in this country
So, the Board’strying to start that
You know, I think they just got in over their heads, they
Most people just knuckle under
You know, most people don’t, are afraid to go to court, so they’ll sign anything just to, you know, not to go forward, but, you know, Burzynski faced serious stuff
I mean, he set, faced, 5, 10, 15 years in jail
So he wasn’t going to be intimidated, by the Medical Board, and he refused to give in
So when I told the Board at the time, and I told them all along, they have no case, and o on the merits they have no case
We already won, and they have no case now, and, and slowly I think, the Board is starting to understand that

And what sort of a person would you say Dr. Burzynski is ?

Well I think he’s a complicated person
I mean, I think, uh, uh, you know, he, I think like a lot of mavericks; I represent a lot of mavericks around the, uh, uh, country
One of the main characteristics of these guys, is that they have absolute and total certainty, in what they believe in, in what they do, um, and no doubt
Uh, they all think they’re right
They all think that history is going to vindicate them
Now, I’ve represented some people where I personally doubt (laugh) that, uh, uh, that belief, but not in Dr. Burzynski’s case
I mean, I think he’s all, he’s definitely helping people
He’s definitely, uh, uh, uh, making, extending people’s lives, and curing some people that otherwise would have died, and so I think he, and so I think he happens to be right
So, uh, you know, so, but, but he’s a human
He’s got a big ego
He thinks he’s, uh, he thinks he has made an important, contribute to medicine, and he’s not shy about sharing that sentiment
So, uh, I think, and I think that he’s, uh, not American
So he comes with a completely different mentality towards, say, the government
Alright, he grew up in communist Poland, where everyone, where everyone, has to work around, the government, and I think that’s much harder here, and, you know, I think he has expectations that, that he would have a lot more freedom, than it turned out he had, too, and he thought he would not have to deal with the kind of government, uh, rigamarole that you have to deal with in communist, Poland

And, and how do you think it might all pan out for him ?
I mean, I know you don’t have a crystal ball, but if you could look, 5 or 10 years down into the future, and, do you think that he will have got somewhere, to be accepted in the medical (?) of oncology ?

Well, I certainly hope so
I mean, 5, 10 years from now
I mean, I think, at a minimum, what’s going to happen, there will be many, many patients who will be alive, and continue to be alive because of him
Some, will have their lives extended
Some will be cured
Some wi, won’t be cured, and will die
So, I think that’s for sure, going to happen
You know, is there going to be an end to, uh, all this ?
We had a period of maybe 10 years where there was very little action with the Board, but, uh, you know, it’s hard, frankly, I mean, just in, and again my perspective, like I’m in a, like a, a sergeant in the trenches, in trench (laugh) warfare
So, it’s hard for me to see the big picture
I mean, I just keep fighting these battles, and there’s one, after another, after another
So this is really just the latest, and on there’s civil lawsuits, and then there are people on the Internet, and then, you know, there could be more Medical Board investigations
So, lo, look there are a lot of people who don’t like what he’s doing
They think what he’s doing is either unethical or wrong, or shouldn’t be giving drugs, these drugs to people, except under clinical trial conditions, and, you know, he has detractors, and he has a lot of supporters
I mean, uh, mostly amongst the patients he’s cured
So, I don’t know that, that, that is gonna resolve itself
I mean, ultimately, he’s one of the few people in the country, that, or maybe the only person in the country that does what he does, and, it’s not the way medicine is practiced, in this country, typically
Right, and, you know, I think what he does, is, is more, is more patient oriented, in a sense that, once you’ve been told you’re terminal, why should you just get the palliative care that a medical oncologist thinks, you know, they should be given
even though when, no one ever gets cured of chemotherapy, once it’s palliative, once you have stage 4, solid tumor


I mean, they give chemotherapy for what they call palliative reasons, which means, not curative
So, this concept of giving, just conventional chemotherapy to make you feel better, extend your life 9 weeks, I mean, y, not everyone wants to do that
Some people want a shot for a real cure, and, you know, based on the evidence with antineoplastons
, I mean, he seems to be giving people that shot, and curing some of the people
So, you, you know, I don’t see how, this thing gets resolved
Up until the time that the
treatment, the
antineoplastons is approved by the FDA and, you know,
it’s, it’s hard to see a clear path, for that, for a lot of reasons, not the least of which is financial
I mean, it takes dozens of 10’s of millions of dollars


or 10, 100’s of millions
So, I mean, someone has to finance the clinical trials
The drug companies aren’t interested right now
They’d just as soon, buy a drug that’s been fully tested
So, I mean, the drug company response has not been overwhelming, because, even though this phase 2 phase, have resolved, and, and, uh, they have excellent results, the drug companies want to wait and see
So, uh, it’s, it’s big money
I don’t think there’s any way in the world Dr. Burzynski, himself, can fund phase 3
I mean, he, he funded everything else now, but phase 3 are, is a much bigger stage involving dozens and 100’s of patients, and that’s just within the financial means of any individual

it seems like it’s unlikely that its going to happen right
I mean, even from the point of view of, what, with phase 3 trials, they’ll be with children

with brainstem gliomas, right
and the FDA’s saying they’ve got to have radiation

Yeah I, um,
I unfortunately, I haven’t been involved in that process
I just see the result, and I, I, I just don’t see how any parent agrees to that, you know

I don’t see how any parent agrees to it
I don’t see how clinical investigator, agrees to do it
Um, I don’t know
I got so, I got some questions of the FDA as to, why they forced him into this particular protocol
I mean, I don’t know
I don’t have any facts or evidence, but I, I, just doesn’t make any sense to me

what’s you’re about that ?

I don’t know
I mean, I, it just doesn’t seem to me, that it’s a, that it’s a fair clinical trial that


either an investigator would find ethical, or a patient, or a family, would agree to have their patient treat, their, their kid treated under
I mean, it just doesn’t make any sense to me
I mean, it’s worse than
I mean, both phases, both phases, both arms of the study, you get radiation
It’s radiation alone versus radiation with his stuff
So, I mean, it just doesn’t make any sense to me, given, given the clinical, the phase 2 clinical trial results

So just a, so just a few things, like, you know I’m going to talk about big Pharma, and then talk about the FDA


They talk about the many people as if they’re one person, but, you know, they’re obviously a collective group of individuals who work for an organization, right ?

Well, I mean, I think, the concern is, that the FDA now, by statute is, in no small part funded, by the pharmaceutical industry
It’s like “Pay as you go”
So the, the pharmaceutical ind, industry now, pays for, the processing of the clinical trials by the FDA
So, and then you have the whole concept of the revolving door
You have a lot of government officials going into the drink, uh, drug companies
So I think that’s another problem
So, I mean, you know, I think conspiracy is too strong of a word, m, but, you know, I will say, I don’t think the system’s set up, for an individual like Burzynski, to get a drug approved
I, I, I just don’t see
There’s no support for that
I mean, the days
I mean, it’s like, Einstein, you know ?
He sat in a patent office, and, and doodled, and had his little theory
He could never get his, stuff published today, you know ?
Where did he go to school
Where was he teaching, you know ?
So Burzynski has a lot of the same problems
They say he doesn’t publish, but, they won’t let him publish
So, uh, or they won’t let him publish , in, in the mainstream journals
So, I, I, I think though, I think the, I think the system, has a strong bias, against a guy with a discovery
So, that’s not quite saying, there’s a conspiracy, but it’s, it’s sort of along the same lines, and, you know, the conspiracy implies some kind of, um, intentionality on the part of one or two, or some small group or coterie of people, and I don’t know, I don’t think that’s really the case
I think what happens is, the institutions are such that, they allow certain things, and disallow certain things
Alright ?
I think that’s just
there’s no
I don’t think there’s any 2, 3, 4, or some, coterie of Rocka, they’re like a Rockefeller conspiracy
People are saying that there are 12 industrials
That they control the world
I mean, I don’t see that happening, but, the whole system is such that, you know, it’s, it’s
I guess what, uh
The, there’s a book by, uh, a, a, Thomas Kuhn, the Structure of Scientific Revolutions, and he talks about, normal science, and how science progresses, in terms of paradigm shifts
So, normal scientific medicine, works, uh, by big institutions doing, studies about combinations of drugs, after drug companies, invent mostly, modifications of existing drugs, and, less commonly, completely new drugs, and, uh, less commonly, different classes of drugs
So, you have a whole, you have a whole pipeline from a drug company, a whole, uh, uh, mechanism of testing, by the universities, funded by the pharmaceutical company, uh, all the pharmaceutical companies, and that, that just doesn’t lend itself, to one guy, sitting someplace in Houston, or wherever, and having a drug, put through that process
That just doesn’t happen
Burzynski is, so far as I can tell, the only person, to ever completed, a phase 2 trials on a drug he invented
I don’t think that’s ever happened, before, and I don’t think it’ll ever happen again

Ah, was it ’98, was it the chairman, uh

Kessler ?

I saw, an interview he gave, press, a press conference where he was explaining about, being able to fast-track
The FDA trying to make it possible to fast-track, you know, drugs that have shown, you know, positive, rather than going through all of this sort of clinical trial, and there’s a guy in the, in the press conference who started asking questions about Burzynski


and you could just see quite clearly he was very uncomfortable


asking questions about, uh, about Dr. Burzynski
How do you think someone like him,
would view, someone like Dr. Burzynski ?

Not favorably
I think that, uh,

Do you think they must know ?
Do you think they must, even he, let’s just say, if he were on his own, he, he knows there’s something there
That he’s obviously got something

I don’t know, uh
I think, that, the guys in conventional medicine, because Burzynski came from orthodox medicine
He was at Baylor
He was a researcher at Baylor
So, I think, they’re not going to Burzynski, is that, he didn’t go about it, the way, other physicians would have done it, other scientists would have done it
So normally what would happen, is, uh, uh, I mean, I think the critical, point in his story is that, when he was at Baylor, and his, uh, professor was supporting him, this Unger, left, you know, they had space for him
They wanted him to go in the Oncology, uh, Department, but, they wanted the patent, to his drug, and he wouldn’t do it
So, that would have been the more conventional approach
You give up the patent rights, you become part of the team, then some big institution, uh, uh, shepherds the drug through, and then they find some drug company support, who will split the patent with the university
So, had he done that, uh, you know, I think the drug woulda been approved by now, but, you know, it was his drug
He came to America with it, and he wasn’t going to give it all away
So, I mean, I just think that’s, you know, I mean and that’s, you know, I think he wasn’t expecting that kind of thing in America
Maybe in communist Poland, but not in America
So I think that really, you know, set him down the path of being a, a, an alternative health practitioner

And wha, wha, what was it like for you when, uh, winning, the case, in was it, 199, 3, 1998 ?



Well, you know, there wasn’t just one case
I mean, I mean, it was everyone
I mean, I analogize it to, like whack-a-mole, or whack-a-rat, you know
You have, like a rat come out of, of a hole, and you bang him, and one comes out of this hole, and all of a sudden you’ve got 2, and then 3, and, so, you know, during the early ’90’s, I mean, I mean, there were 3 grand juries, uh, we had the Medical Board action, which went to hearing in ’93
The Texas Department of Health sued him in ’92
Half a dozen insurance companies had sued, uh, uh, sued him for, for some, for Racketeering
Uh, Texas Air Quality Department went after him
I’m trying to think who else
So, all of this happened, over the course of 3, or 4, or 5 years, and it was just, continuous, and so, one agency would, would get active, and then, they get beaten down
Then somebody else would come, uh, come up, and surface, and indeed, I mean, you know, it, you know, some of them flat out said they were waiting to see what happened, with this oth, wha, what happened with this other agency, and they weren’t gonna do anything, and then when they got tired, they decided, that this new agency had to do something
So, I mean, that was flat out, what happened
So, yeah, I mean, it culminated in the criminal case, I suppose, but even there it was up and down
I mean, the judge ordered, uh, ordered, prohibited him from giving the treatment to anybody else, because the Texas Medical Board case, ultimately went against us, and then we had to go Congress, and Congress forced the FDA to put all his patients on clinical trials which made the Medical B, Board case moot, and then we won the criminal case
So, after we won the criminal case in, uh, ’97, things got quiet for a little bit
So that, that, that was good
I mean, it was quiet
I mean, relatively quiet, and then, uh, lately in the last couple years it’s been very active again

So the worst case scenario would have been
What would have been the worst case scenario ?

For when ?

And this, this
What could have happened this week if the case had gone ahead ?

Well, the worst case scenario would be, there would be a finding, that, that it’s a depart, it’s a departure from the standard of care to use, uh, off-label drugs, that haven’t been approved by the
FDA for an indicated use, and you can’t use the combination of the drugs until someone gives the stamp of approval saying that their safe and effective, which means, you know, you couldn’t, it couldn’t, you couldn’t give the treatment anymore to patients
So you have 100’s of patients that are on this multi-agent gene-targeted therapy, and ultimately that form of treatment is only available at the Burzynski Clinic
I mean, I don’t think that even clinical trials
Burzynski, depending on how you look at it, he’s a few years ahead of, of, uh, well, even the clinical trials
I mean, they’re some clinical trials now on different kinds of cancer where they’re doing 1, 2, or 3 agents
He’ll use 4 or 5, albeit, lesser dosages
So he’s treated 1,000’s of patients like that, but there’s no place else in the world where people can get, the treatment
So it’s kinda the same thing as back in the ’90’s
We have people on drugs, uh, which are unavailable, uh, and, only available through Burzynski
So, if he couldn’t give them, to people, then they wouldn’t get ’em, and, they’re terminal, and, they’re doing well
I mean, or they’re not going to do as well, or they’re going to die
So, it’s, I guess it, it’s sort of the same thing here, ah, uh, only, uh, the irony is all these drugs are, approved by the FDA, and most cancer patients get off-label, uh, drugs
Drugs off-label
So that’s, very common in cancer
It’s just that not common with the drug used on these patients, and in the combinations used

So, this finally
Whe, when you’ve, uh, won these cases, I mean, there must be, it must be good, right ?
It must be good feeling

I had a good feeling last week
I mean, I mean, you know, or I’ve been working non-stop, for months, every day
I mean, there’s no day off in this kind of stuff
It’s just constant
It’s just, his war
There’s always something to do, and then I’m a solo practitioner
So, when the judge cut the heart of the Board’s case out, I’ve been telling the Board, that they can’t, that they have no basis to, to, to bring charges against him, for several years, since 2010
, 2009, and they’re not listening, and, and, I was pretty sure that once you had a judge look at the case, they would, rule in our favor, you know, but the problem is the Board is, like a law unto themselves, and they think they can do anything, and, uh, they just changed the law, in September
So actually, the Board has no recourse
They, they used to be able to change findings of facts, and conclusions of law, but as of September, 2011, they can no longer do so
So, if the, judges’ ruling s, uh, stands, as I think they will, their only remedy is going to be to appeal to a State District Court, and they’re not used to that, because they, like exercising, uh, complete authority
So, they’re in a new position, and I’m sure this is the 1st case, that they’ve ever, not gotten what they want to, from, from a judge, administrative law judge, and not being able to correct it
So, I mean, that, this is a good ti, completely new experience for the Board, and I feel bad for them (both: laughing)

You, you, you do
As a Board they all sit down, and as a group of people, and talk about Dr. Burzynski, and, and, and work out how they’re gonna bring him down, and then ?

Well, that’s more the conspiracy
I, I, I, I think that, some of the Board members, may know of him
He, but, but, but like I say, he’s appeared in front of these informal settlement conferences, and basically, individually they, I mean, exonerate him, of, of the main charges, but I, I, I think that, you know, when we talk about the Board, the Board other than these a, acting informal settlement conferences, where you have one Board member, and one member of some district disciplinary review committee, we’re not really talking about the Board members, these doctors, and lay members of the Board, we’re talking about the Board staff, and that’s the lawyers and administrators of the Board, and I think, you know, I don’t know
I have some, uh, uh, they need to clean house
I mean, they’re getting some very, very bad legal advice, and I, I just think the legal advice at the top, is, is, is horrible, and, and they need to make some dramatic changes, and I think it would be better for the people of Texas if they, just did some house cleaning with the administrative staff there

And what do you think about the way that, uh, Dr. Burzynski’s been , what’s the word, in England, he’s got a very bad press there

(Alright ?)

and, um, why do you think that is ?

Uh, why, well, I mean, look
I mean, I think, people have opinions
they have the right to express opinions
I mean, I think, uh, some of his agents did some things that I think, were not wise, in retrospect
I mean



The stuff with the, this kid, this blogger



And I think that, uh
I think you have to be very careful, about what you tell people that are expressing opinions, and, you know, I mean, I, I, I think, you know, I think there’s a reason why, lawyers get involved in these cases, and should be involved, and I think what happens is, you know, I think there was a, you know, a well meaning, individual, who just went too far, and I think stirred things up unnecessarily so
You know, I mean, I think someone who had some legal training, acting on Burzynski’s behalf, might not have made some of the, you know, just faux pas that were made
So, I mean, that stirred, some things up, and I think

(?) stirred something up that was already there ?
You know, ’cause, I know, I’ve spoken to so many people in the U.K., and, uh, and you find very few people that have anything positive to say
In fact, a friend of mine who’s a famous doctor on television, when I was here, he was on British television with a little girl, and her father, who were trying to, uh, raise money to, um, come over here and, um, in fact, they couldn’t come anywhere, come, they couldn’t come anyway, because, the, uh, FDA said that this type of brain tumor, she couldn’t be treated anyway
But this doctor, who’s a friend of mine said, uh, Dr. Burzynski is, you know, he’s a medical pioneer
He’s, uh, uh, he said that and then literally, for 2 months, non-stop, I think especially on Twitter, they said that he never should have said this, and the guy is a quack, and he’s a, he’s a fraud, and

So your, your friend got in trouble for saying that he’s a pioneer ?

He didn’t get in trouble, but I mean he got a lot of bad press, for speaking on television with this child next to him, saying that, Dr. Burzynski was, you know, a pioneer, and pioneers often have a hard time, and

Right, right

And, you know, you look at Twitter, uh, you probably don’t
You could be (laugh) and you just see, it’s probably, probably the only, 30, hard, hard core people, who spend, all of their time, trying to

Yeah, I think that’s right
I think it’s a very small group, of people, that are making pretend it’s a big movement
I mean, we’ve looked, at some of the traffic
We’ve analyzed some of the traffic
I don’t even think it’s 30
I think it’s more like, 3, or 4, or 5, that are creating things, and then someone had some friend who’s an actor, who has, you know, 3 million followers, and all
So it’s really a very small group of people, but historically, medical doctors who have stood up for Burzynski, have had negative consequences
We had, someone from the National Cancer Institute, NIH testify, this Nick Patronas, and he got in a lot of trouble for doing that
So, you know, it’s not, it’s, unfortunately, you know, speaking up for Burzynski can have, uh, negative career consequences, or, or just some bad P.R., but that’s, part of being a pioneer
It doesn’t mean that, uh, Burz, I mean, if anything, I mean, it shows, it shows that’s like the medical mafia
So, that’s what I call, the church of medical orthodoxy
So, that’s what I call

Well I, I think it’s gonna be so interesting when I get this film broadcasted, to see what kind of reaction we get
It, it’s just a story I felt I had to (?)

Where are, where are you going to try and get it ?

I’m going to try and get it
I know people at the BBC


I’ve worked in television
So I’m going to try

Oh really, (?)

I’m gonna try those avenues, but you know what ?
Even if it doesn’t

You have cable
You have some kind of public access ?

I’ve, I’ve worked in television for years
So I’ve, I have a very good stab at getting it out there, but if I don’t, I’ll get it broadcasted on the Internet

Oh sure
You do, do a YouTube or something, or do what Merola did as a documentary


That’s had an amazing impact

He’s making a sequel
Eric was just over in England

Oh really ?

I looked after him when he came over

He wanted to talk to some of the patients and doctors

Eric, I said, ah, you know, so, we’ll see
But listen, I really appreciate the opportunity to ah

Ok, no problem

really, to be able to talk to you



Critiquing: Dr. David H. “Orac” Gorski, M.D., Ph.D, LIAR: Stanislaw Burzynski versus the BBC

Believe in Facts ???

Get out the popcorn !!!
Dr. David H. “Orac” Gorski is a liar

Let me put that in bold for emphasis

Dr. David H. “Orac” Gorski is a liar

Open wide and say ahhhhhhh …

Much better !!!

Some things just look much better when they come in 3’s

And that must be what “Orac” is god thinks, since he seems to live by the the edict of the 3 wise monkeys:
See No Evil

Hear No Evil

Speak No Evil
Of course, to Gorski, Evil is any truth which he disagrees with, which he acts like does NOT exist, and obviously can NOT find on the Internet with his Commodore 64, or whatever piece of garbage he’s using, which he must have set to block any websites he wishes to NOT see
Gorski, the Hypocrite, calls me a “CRANK”, which is especially hilarious, considering how much better my research is than his, without the bias





David Gorski (@gorskon) tweeted at 3:24am – 14 Jul 13:

@Funkmon @HoracioHornblow Ha ha. It’s the rather pathetic crank Didymus Judas Thomas. That guy couldn’t buy a clue. #Burzynski

If I wanted to lower myself to Gorski’s level, I could delete comments from my blog
6/4/2013, Gorski must have evacuated this from deep within his bowels:
� � � � � � � � � � � � � � � �
Stanislaw Burzynski versus the BBC
� � � � � � � � � � � � � � � �
I was busy at the time reviewing the British Broadcasting Corporation’s Panorama bit on Burzynski:

The British are Coming, The British are Coming: Critiquing “Curing cancer or ‘selling hope’ to the vulnerable?”:

IT MAY NOT BE SCIENCE: Critiquing “Curing cancer or ‘selling hope’ to the vulnerable?”:
But now that I have some time, lets all enjoy Gorski’s LIES





While I DISS his MisDisInformation

Since the dates involved are important in exposing Gorski’s LIES, Gorski states:
“After yesterday’s epic deconstruction of the latest propaganda-fest from … Eric Merola, on his most admired subject, “brave maverick doctor” Stanislaw Burzynski”
(6/3/2013) in relation to Gorski’s cherry-picked “review” which I critiqued:

Critiquing: In which the latest movie about Stanislaw Burzynski “cancer cure” is reviewed…with Insolence:
Gorski posits:
“I needed something science-based to cleanse the rancid taste of intelligence-insulting nonsense from my mind”
My understanding of Gorski’s definition of #ScienceBasedMedicine is:

1. Visualize a Victim

2. Create biased blogposts utilizing:


b. Misdirection

c. Disinformation

d. Misinformation

e. MisDisInformation

Gorski advises:
“I was interviewed over the phone by a producer of the show and exchanged e-mails to answer questions”
I am NOT certain what qualifications BBC Panorama thought that Gorski has in order for him to be interviewed about Burzynski, unless they wanted the perspective of a LIAR

Gorski mentions “False balance”, which readers of his and / or my blog are all too familiar with when it comes to “Orac”

He whines that there is:
” … zero mention of how Burzynski recently managed to beat an effort by the Texas Medical Board to strip him of his medical license by throwing his employed doctors under the bus …”
This seems to be:




by Gorski, as anyone can read the case documents:
Burzynski: Texas Medical Board (TMB) and State Office of Administrative Hearings (SOAH):
and note that, as Richard A. Jaffe points out, Burzynski was:

1. NOT even in the USA during one of the patients care

2. there was no evidence that Burzynski met either patient

3. Burzynski was NOT the Doctor of Record for either patient

4. If the SOAH had an actual case, they could have gone after the actual Doctors of Record

What Gorski blogs is NOT worth the paper it is NOT written on

EVERYTHING Gorski blogs should be “Fact-Checked” for accuracy

He also ejects:
” … only the most superficial treatment of how in general it is considered unethical to demand payment from patients to participate in clinical trials”
though he provides NO basis in FACT for this statement

He also laments:
“No, and there isn’t any mention of how the Burzynski Clinic waged a campaign of harassment against bloggers who criticized Burzynski back in 2011”
What Gorski does NOT mention is that:

there isn’t any mention of how the bloggers waged a campaign of harassment against Burzynski

with their:




I find Rhys Morgan abnormally prehensile:
Gorski cries:
“Indeed, one of the victims of that harassment, Rhys Morgan, was interviewed by the Panorama crew, but he was informed that his interview was cut from the final version because it didn’t fit the narrative”
I thought it humorous when The Skeptics™ whined on Twitter that Rhys Morgan wasn’t going to make the cut

What was he going to say ?

How he copied all of his Burzynski blogsplats from other people’s blogs?

Gorski mentions:
“All you have to do is to read Saul Green’s reports on Quackwatch and in The Cancer Letter from the 1990s”
Of course, Gorski conveniently forgets to mention Green’s Confict-of-Interest, since Green was associated with a lawsuit against Burzynski

But then again, Gorski seems to have conveniently forgotten his own possible COI, which someone posted a link to on Twitter:
David Gorski’s Financial PHARMA Ties What He Didn’t Tell You:
Gorski fumes:
“One of them reminded me very much of the conversation with her NHS oncologist that Laura Hymas recorded and allowed Eric Merola to include in his propaganda piece, except that in video it is so much more intense”

“In this scene, the oncologist tries to point out to Ms. Petagine that he doesn’t know what Burzynski is doing or how to take care of her daughter when she returns”
I guess the National Heath Service oncologist is possibly like Gorski, and he doesn’t know what Burzynski is doing because he has NOT read Burzynski’s publications:

Critiquing: In which Orac does Stanislaw Burzynski propagandist Eric Merola a favor… :
Gorski flabbergasts:
“The report includes interviews with experts like Professor Richard Grundy of Nottingham Children’s Hospital”

“Grundy points out that Burzynski has not published the complete results of any of his phase II clinical trials”
What Gorski does NOT point out, is that for being a supposed “expert”, he sure does NOT give the impression that he’s taken the time to read Burzynski’s 2003-2010 phase II (2) clinical trials preliminary reports, in order to qualify as an “expert” on anything related to Burzynski

Gorski continues on as is his custom of being long-winded without much in the way of results:
” … how Burzynski has abused the clinical trial process to keep treating patients with antineoplastons without actually having to do the science that any other doctor would be required to do to validate a new treatment”
However, Gorski FAILS to address these issues:
WHAT IS MISDIRECTION? Critiquing “Antineoplastons: Has the FDA kept its promise to the American people ?”:
Gorski marches onward, jackbooted:
“Dr. Elloise Garside, a research scientists, echoes a lot of the questions I have, such as how Burzynski never explains which genes are targeted by antineoplastons, what the preclinical evidence supporting their efficacy are, or what the scientific rationale is to expect that they might have antitumor activity”

“(Yes, we’re talking prior plausibility, baby!)”
So, Gorski is saying that Dr. Elloise Garside has something in common with the “expert”, Professor Richard Grundy

Gorski rants on:
“The preponderance of evidence supports the contention that they dont’ work, but there is uncertainty, which Burzynski exploits to the max”
Amazing !!!

The United States Food and Drug Administration has authorized phase III (3) clinical trials, which means:
“[T]he emphasis in Phase 2 is on EFFECTIVENESS”

“Phase 3 studies begin if EVIDENCE of EFFECTIVENESS is shown in Phase 2″
Burzynski: The FDA’s Drug Review Process: Ensuring Drugs Are Safe and Effective:
Gorski then blesses us with:
” … the claims in some of the Q&A’s after screenings of Eric Merola’s most recent movie that Burzynski’s papers have been rejected without being sent out for peer review”

“Studies submitted to journals won’t be published without going out for peer-review”

“Maybe he’s referring to some of the papers we’ve heard about from Mr. Cohen and others that were editorially rejected and not even sent out for peer review because the editor either didn’t think them appropriate or didn’t want to waste the reviewers’ time”
Gorski, who did a “review” of Burzynski: Cancer Is Serious Business, Part II (2), 6/3/2013, somehow magically “forgets” the very next day, that the documentary indicates that Burzynski submitted a phase II (2) clinical trial for publication, and was refused in 2 hours 8 minutes and 51 seconds, and Gorski is as silent as the dead about the lame reason given for NOT publishing it
See #12:
Critiquing: In which the latest movie about Stanislaw Burzynski “cancer cure” is reviewed…with Insolence:
How disingenuous, Gorski

Your opinion should mean




“Orac,” the false god continues on his rampage:
“In science, all that matters is what you publish, and Burzynski hasn’t published anything other than case reports, tiny case series, and unconvincing studies, mostly (at least over the last decade or so) in crappy journals not even indexed on PubMed”
Gorski gives NO reason for NOT doing what I have done on my blog, or any relevance of a publication NOT being listed on PubMed:
The #Burzynski B.S. App:
Gorski comes to what he must think is his penultimate moment:
“Without a doubt, the most effective part of the story is the segment in which Dr. Jeanine Graf of the Texas Children’s Hospital is introduced”

“Dr. Graf is the director of the pediatric intensive care unit there and has taken care of lots of Burzynski patients, as her hospital is “just down the road” from the Burzynski Clinic and these unfortunate children are brought to her hospital when they decompensate”

“Particularly damning is how Ms. Petagine said that the Texas Children’s Hospital Staff “were always cleaning up Burzynski’s messes.””

“If there’s one thing Panorama did right in this report, it’s showing how seeing so many already dying children show up in our ICU because of hypernatremia due to antineoplaston therapy will do that”
Again, Gorski FAILS to discuss:
“Perhaps the most devastating part of this segment was seeing Dr. Graf stating, point blank, that she’s never seen a Burzynski patient survive”
What is REALLY “devastating” is that Gorski is NOT able to indicate exactly how MANY patients this allegedly applies to, because, whereas Gorski’s fave reporter, Richard Bilton, wants to know how many Burzynski patients were treated in the phase II (2) clinical trials, he acts like Gorski’s “bud”, Dr. Peter A. Lipson, who also has had “issues” with consistency
Dr. Peter A. Lipson (and / or his Censor(s)) is a Coward: Critiquing “A Film Producer, A Cancer Doctor, And Their Critics”:
Gorski then rattles off:
“Burzynski smirks when asked how many patients he’s treated and how many have survived, dodging the question by saying that the FDA won’t let him until he’s published his results”

“Bilton tells him that’s not true; the FDA has told him that Burzynski can tell him as long as he doesn’t promote antineoplastons”

“Burzynski asks Bilton why he doesn’t have a letter from the FDA”
If Gorski had bothered to read all the comments I posted on his blog re my Burzynski research, he would know that Burzynski has every right to be wary

But Gorski’s arrogance, dismissiveness, and condescension make him his own worst enemy

He then faceplants:
“Burzynski then promises that antineoplastons will be approved “soon””

“(they almost certainly won’t)”
I guess Gorski can now see the future, and is all-knowing and omnipotent

But then again, “Orac” is god

“god” goes on to say:
“Ultimately, the Burzynski Clinic did release some results, stating that 776 patients with brain tumors were treated in trials and that 15.5% have survived five years”

“Of course, this is an utterly meaningless factoid”

“because we don’t know what kinds of tumors, what gradess, how they were treated beforehand, or any other confounding factors”
But this is because Gorski prefers NOT to pay attention; welcome to “Short Attention Span Theatre”, or seeming to NOT read Burzynski’s publications:
Colorado Public Television – PBS:
My Critique of Bob Blaskiewicz (Colorado Public Television – PBS CPT12):
Gorski posted comments on the Colorado Public Television (PBS) (CPT12) Facebook page where this was posted:

6/5/2013 Gorski continued his blatherskite:
Odds and ends left over after the Panorama Burzynski Clinic report: Burzynski versus his own SEC filing
This is where I start leading to heapin’ helpings of not-so-Respectful Insolence

Gorski posts:
“(stay classy, Stash, stay classy)”
I am NOT positive as to why a LIAR would advise Burzynski to “stay classy” when he has absolutely NO moral or ethical standing to do so

The proverbial “pot calling the kettle, black”

Gorski blathers:
” … in January the Burzynski Clinic removed all references to antineoplaston therapy on its website … “
As I stated up top, Gorski must have his computer set so that it will NOT access Burzynski’s website, since I posted this:

Burzynski updates Scientific Publications page:
This includes the link to Burzynski’s ANTINEOPLASTON publications, which Gorski claims do NOT exist on Burzynski’s website

Perhaps this helps explain Gorski’s lack of knowledge re antineoplastons

Gorski admits:
“Now I’m not a businessman, and I don’t understand anything but the very basics of business”
But then goes on to claim:
“but I do know cancer science”
Gorski goes on to comment on material which I posted on his blog

Comment #128 Didymus Judas Thomas

At the Tu-Quack Center Correcting Orac’s EPIC & Legendary Research

February 2, 2013
“Yet in the report, we read:”
On February 23, 2010, the Company entered into an agreement with Cycle Solutions, Inc., dba ResearchPoint (“Research Point”) to initiate and manage a pivotal Phase III clinical trial of combination Antineoplastons A10 and AS2-1 plus radiation therapy (RT) in patients with newly-diagnosed, diffuse, intrinsic brainstem glioma”
It’s good to see that in JUNE, Gorski is finally catching up to what I posted on his blog in FEBRUARY

Gorski goes on to comment:
“Of course, given that after three years the clinical trial hasn’t been opened, more than likely no reputable institution wants to partner with the Burzynski Research Institute, and ResearchPoint collected its checks”
This is the same Gorski who allegedly blogged about the documentary which covered this issue, which he “supposedly” did a“review” on

Gorski, who above claimed that he does NOT understand “business”, suddenly puts on his “lawyer” hat
“There’s a lot of legalese and FDA bureau-speak, but the meaning should be fairly clear to a layperson”:

“Indeed, even the report seems to concede that antineoplastons will likely never be approved, even going so far to point out that “the Company cannot predict if and/or when it will submit an NDA [New Drug Application] to the FDA, nor can the Company estimate the number or type of additional trials the FDA may require.””

“Burzynski also warns that “there can be no assurance that an NDA for Antineoplastons, as a treatment for cancer, will ever be approved by the FDA.””

“That hardly sounds as though antineoplastons will be approved “soon.””
I find it remarkable that Gorski, while admitting above that he does NOT understand
“business”, seemingly expects the reader to believe that he understands “legalese”

Gorski bounds on in his new found knowledge as a “legal mastermind”:
“Another interesting tidbit in the SEC filing is Burzynski’s report of the results of several of his clinical trials”

“They aren’t really “results’ per se, in that the information presented really isn’t provided in a form that really allows other investigators to evaluate it and potentially replicate it”

“Basically it’s a big table listing Burzynski Research Institute clinical trials and response rates reported”

“One thing that I noticed right away is that in most trials, the number of evaluable patients is smaller, sometimes much smaller, than the number of patients accrued”

“This is a huge red flag”

“For instance, in trial BT-20, there were 40 patients accrued by only 22 were evaluable”

“This sort of dropoout rate is a huge red flag”

“We don’t know the reasons for this dropout rate”

“It could certainly skew the results, but even that’s impossible to tell from just a table of response rates and no further information”
� � � � � � � � � � � � � � � �
The ONLY “HUGE RED FLAG” is how inept Gorski is
� � � � � � � � � � � � � � � �
Gorski, you’re no Craig Masilow, but you are a LIAR
� � � � � � � � � � � � � � � �
I’ve done the 1st one for you

Click to access 960.pdf

Pg. 96

2 patients unable to be evaluated

patient 2 didn’t have follow-up MRI to determine response

patient 11 died of intratumoral hemorrhage and duration of treatment too short for evaluation of response

Click to access 970.pdf


Click to access 994.pdf


Click to access 1145.pdf


Click to access 1146.pdf


Click to access 1147.pdf


Click to access 1194.pdf


Click to access 1220.pdf


Click to access 1252.pdf


Click to access 2105.pdf


Click to access 5825.pdf


Click to access 7287.pdf


Click to access 7853.pdf


Click to access 7898.pdf


Click to access 8397.pdf


Click to access 8637.pdf


Click to access 8638.pdf


Click to access 8639.pdf

And THIS is the Gorski who has claimed to have reviewed almost all of Burzynski’s antineoplaston publications

“Personally, having pored over Burzynski’s publications … “

“I’ve searched Burzynski’s publications … “

The British are Coming, The British are Coming: Critiquing “Curing cancer or ‘selling hope’ to the vulnerable?”

By Richard Bilton
BBC Panorama

3 June 2013 Last updated at 00:03

“Legal loophole”

“Dr Burzynski exploits a legal loophole:”

“the patients treated with antineoplastons do so as part of a clinical trial, so the drug does not need a licence.”

I am truly impressed, and mightily so

Who knew that if “BBC Panorama” had just investigated Dr. Burzynski, years ago, we could have gotten this all out of the way, long ago

Yes, Mr. and Mrs. America, and all the ships at sea, BBC Panorama has decided the question for us, once and for all

Clinical Trials-are, get ready for it, wait for it, “Legal loopholes



Who woulda thunk THAT?

Thank goodness they couldn’t put the Concorde on their expense account

The British Are Coming

The British Are Coming

And Mumsie, can we keep them?

“These trials have been taking place for 20 years.”

It’s good to find out that someone can get close to “1994” when Dr. Burzynski’s Securities and Exchange (SEC) filings indicate 2 phase 2 clinical trials were in progress

Maybe some of “The Skeptics” are learning to read?

“Despite years of research, Dr Burzynski has never published full results.”

BBC Panorama (@BBCPanorama) would that be because the phase 2 clinical trials were NOT done?

Would “results” normally be published after the clinical trials are finished?

Brave Maverick Welsh Schoolboy frantically waves hand at back of classroom, as if to say: “Pick Me, … Pick Me

All in all, it’s just another “Brick” in the Wall

“If he has discovered a breakthrough, he is not sharing it with the rest of the world.”

Perhaps that’s what those pesky phase 2 clinical trials preliminary reports from 2003, 2004, 2005, 2006, etc., are all about, me little lad

“If you don’t eat your meat, you can’t have any pudding”



“Divided doctors”

“Prof Richard Grundy treats children with cancer, and runs one of the UK’s biggest research projects into brain tumours.”

“He says it is “unethical” for Dr Burzynski not to share his findings:”

Does Professor Richard Grundy know what a phase 2 clinical trial preliminary report looks like, and does he know how to read?

“”I understand that that draw is very attractive.”

“Unfortunately the results from Dr Burzynski’s clinic are not published in any form that’s acceptable to the scientific community.””

Oh, my

I wish I could have been there in person to hear that

Did he have a British stiff upper lip when he said it?

Was one of his pinky fingers pointing straight up?

Do tell

Exactly what is:

published in any form that’s acceptable to the scientific community“?

Cancer: Hope for Sale? will be broadcast on Monday, 3 June at 20:30 BST on BBC One

BBC One – Panorama, Cancer: Hope for Sale?

“From the start I had wanted to meet Dr Burzynski.”

“He rarely gives interviews nowadays and he refused our original requests, but while I was in Houston I was told he would meet me.”

“His clinic is a mirror-fronted office block in one of Houston’s better areas.”

I’m sure the Houston Tourism Board and Convention Center was ecstatic to hear this ….the part about Houston having “better areas,” that is

“Next some basic facts – how many patients has he treated with antineoplastons, and how many have survived?”

“He said the medical authorities in the US would not let him release this information:”

“”Clinical trials, phase two clinical trials, were completed just a few months ago.”

“I cannot release this information to you at this moment.””

“But the FDA told us this was not true and he was allowed to share the results of his trials.”

Really, old chap

And exactly who at the FDA told you that?

Or is it a secret, … secret secret?

“Dr Burzynski left the interview angry, apparently affronted that his great discovery was questioned.”

Dr. Burzynski seems to have some difficulties with “little men

How tall are you?

And have you heard of one Craig Masilow and one Dr. David H. Gorski?

“They see him as a maverick, an outsider fighting the traditional medical establishment.”

He is a maverick in much the same was as Dr. David H. Gorski, and his revolutionary “glucose / sugar does NOT feed cancer” “Oracolytes

“The American Food and Drug Administration (FDA) and the Texas Medical Board have been battling Dr Burzynski for decades.”


Do you have any idea of how many millions upon millions of United States Taxpayer Dollars were used to criminally pursue Dr. Burzynski, when they had a civil remedy available to them?

Do you think they put it on their resumes?

“The Burzynski clinic says it doesn’t claim it can cure all cancers and that no patients are promised a cure.”

“They say 776 patients with brain tumours were treated in trials before 2008.”

“And that 15.5% had survived more than five years, which compares favourably to other treatments.”



How did you get THAT?


Or was it freely given?

“But it is harder to understand how Dr Burzynski has been able to sell his experimental treatment to the vulnerable for so many years.”

Did you ask your “chums,” the great people at the United States Food and Drug Administration?

Panorama, Cancer: Hope for Sale?, BBC One, Monday 3 June at 20:30 BST and then available in the UK on the BBC iPlayer.