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the 3rd Man...
Posted: Mon May 05, 2008 6:42 am
Guest
A couple of questions, rumors that are surfacing on other forums:

No, Wormser is NOT going to participate or head the panel. (And
calling him, "the Worm" is really helpful, too. I assume the people
who do this want to be thought of as bratty children)?

IF those people who are taking a break from playing doctor over at
LymeNUT to now dabble in playing lawyer, and bothered to read the
agreement (always helpful)...

....they might have noticed that the agreement prohibits the
participation of people who have previously served on other guidelines
panels, under Section I. A. 3 (f).

No. (sigh).



The agreement references "good faith" in terms of carrying out the
provisions of the agreement...

This is what is called a "term of art", (more or less) but carries
specific meaning to lawyers. In other words, while it may appear as an
ambiguous term, loosely applied...it is not.

Its meaning, however, would probably be defined by various court
decisions interpreting what it means in a more precise context.


Does the agreement prohibit further action against the IDSA panel
members?

Probably so...in Connecticut and arising, stemming from their
activities on the IDSA Guidelines panel.

In other jurisdictions? (including Federal)?

Probably not.


BUT...(and this is a VERY important point)...

....PLEASE understand that the trained prosecutors of the AG's staff,
reviewed the material and, recommended NO charges...NO antitrust
action...a mere 'review' of the Guidelines.

Understand? IF they had found evidence of a "crime" (as some have
charged, ad nauseum)...they would have been ETHICALLY responsible to
bring forward appropriate action.

They did NOT.

Nothing was found that would give rise to an action being filed.

Please consider the implications of that FACT as it pertains to the
frequent and charges of nefarious skull duggery that seem to
constantly swirl around these issues .
 
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