PRESS RELEASE

Tetrahedron, LLC
Health Science Communications for People Around the World

NEWS RELEASE

Release: No. DITA-99; Date Mailed: Dec. 21, 2004

For Immediate Release

Contact: Elaine Zacky—208/265-2575; 800/336-9266

U.S. Attorney Exercises Federal Employee Protection: Pulls USA from Liability in TB Case Against Ministry

Hilo, HI —On behalf of the federal government, a U.S. Assistant Attorney, Michael Burke, negotiated dismissal of the nation, and a federal employee from the Centers for Disease Control & Prevention (CDC), as defendants in a case brought against the state by a Judeo-Christian ministry.

The Manifestation of Divine Will brought suit against the Hawaii State Department of Health, Tuberculosis Control Program, two private schools, and CDC program director Jessie Wing for damages said to be caused by administrative fraud, public deception, negligence, and uninformed/non-consenting human experimentation. The organization is represented by a well known public health and infectious disease expert, Dr. Leonard Horowitz, who claims attorney Burke relied on a “legislative injustice” to exonerate the United States of America, who federal attorneys substituted for defendant Wing a few days earlier.

“The US attorney’s actions prove federal agents operate above the law and cannot, and will not, be held accountable for crimes against the American people,” Dr. Horowitz, a minister in the church, criticized. “Their quasi-legal defense of substituting the nation’s government for employee Wing, then threatening to file for dismissal since the federal government wasn’t responsible teaches us that federal employees, and our entrusted government, cannot be trusted and routinely dishonor all religions.”

This landmark case pins religious practice rights against governmental stewardship of people’s bodies in the public health practice of vaccination and tuberculosis (TB) skin testing. The plaintiff alleges Dr. Wing “overstepped her authority” by denying Dr. Horowitz’s repeated appeals for TB skin testing exemptions for his Judeo-Christian children to attend Waldorf and Christian schools.

The case also raises scientific and political questions in public health policy. According to the CDC’s 2000 TB Report mass TB skin testing of low risk populations, such as the school children living on the Big Island of Hawaii, is contraindicated and discouraged due to serious health risks from high percentages of false positives and the side effects from follow-up treatments including chest x-rays (that may increase the risk of cancer) and long term antibiotic usage. In defiance of this and state informed consent statutes, Dr. Wing authorized the public to be told the test was “harmless.”

Religious exemptions for vaccinations are honored by public health and school officials in Hawaii, but so are wavers for TB testing in most other states. The omission of TB skin testing in the statute covering required religious exemptions, according to Dr. Horowitz, allows public health officials to overstep their authority and malpractice tuberculosis control.

“TB officials took advantage of lawmakers’ and the public’s ignorance when they mandated the skin testing of low risk children,” Dr. Horowitz said. Our suit seeks to end this malpractice.”

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