PRESS RELEASE

Tetrahedron, LLC
Health Science Communications for People Around the World

NEWS RELEASE

Release: No. TB-06; Date Mailed: November 29, 2004

For Immediate Release

Contact: Dr. Leonard Horowitz—808/965-2112

Hawaii Officials and Private Schools Sued by Public Health Expert For TB Testing “Fraud”

Hilo, HI —The public health practice of skin testing school children at low risk for tuberculosis has come under legal attack by internationally recognized public health authority, Dr. Leonard G. Horowitz. The politically charged, scientifically questionable, and religiously objectionable case was filed by a Judeo-Christian ministry on behalf of Hawaiian citizens. The complaint charges officials, and local school administrators, with “gross negligence” and doing more harm than good by falsely claiming test benefits and dishonoring religious exemptions.

To protect federal defendant Dr. Jessie Wing, a Centers for Disease Control & Prevention (CDC) employee and director of Hawaii’s “Tuberculosis Control Program (TCP),” federal attorneys immediately substituted the United States of America as chief defendant in the controversial case. On behalf of federal officials, proceedings were forced to move from Hilo’s Circuit Court to U.S. District Court in Oahu where, according to Dr. Horowitz, state remedies sought are “simply unavailable.” Dr. Wing is charged with malfeasance, fraud, and gross negligence for disallowing religious exemptions, disregarding state statutes, breaching civil rights, and neglecting an official 2000 CDC report that concluded low risk populations should not be skin tested for TB due to high percentages of false positives and damaging side effects from long term antibiotic usage and chest x-raying.

The case of The Manifestation of Divine Will versus the State of Hawaii, Department of Public Health, began when Dr. Horowitz’s children, members of the ministry, were refused enrollment in Malamalama Waldorf and Christian Liberty schools. This action, according to the complaint, violated state statute 302A-1156 and Hawaii Administrative Rule 11-157-5 that specifies the availability of vaccination exemptions, but does not exclude or prohibit religious exemption for TB skin testing as most school nurses and administrators believe and falsely inform parents.

“We are asking the court for judgment on state statutes that protect people’s right to follow Biblical blood purity laws without losing basic civil rights, including the right to life, liberty, the pursuit of happiness and academic advancement through school education for children,” Dr. Horowitz said.

Public health officials in charge of this potentially deadly program have been overstepping the authority granted them by past Governor, Benjamin J. Cayetano, according to the complaint, by breaching civil and religious rights, violating the state’s informed consent statute covering medical procedures, and misrepresenting the testing liquid as “harmless.” In addition, Dr. Horowitz claims, Dr. Wing is “setting a dangerous federal precedent in Hawaii that views your children as government properties and their little bodies as experimental laboratories rather than holy spiritual sovereign temples.”

Most experts agree that TB testing low risk school children is risky and runs contrary to official public health standards and CDC guidelines that read, “screening of low-risk persons is discouraged because it diverts resources from activities of higher priority. In addition, a substantial proportion of tuberculin-test-positive persons from low-risk populations may have false-positive skin tests.”

This standard is being violated in Hawaii, particularly on the Big Island, where rates of tuberculosis are comparable to the national average of 6 cases per 100,000. No other state dishonors religious exemption for TB testing and forces all low risk children who test falsely positive to receive chest x-rays, known to increase cancer risks, plus six months of expensive antibiotic therapy laden with side effects.

Experimenting with public school children in this way is “recklessly irresponsible” for lacking scientific basis and overall merit, according to the complaint scheduled for a federal court “status conference” on January 24, 2005. Dr. Horowitz seeks to have a jury consider the program’s cost/benefit and risk/benefit, vitally important determinations disregarded by TCP administrators. “Far more people, especially children, are being harmed than helped by this institutionalized fraud,” he says.

With nearly 148,000 people living on the Big Island and less than one child expected to present an active case of TB, according to official records, the benefits of skin testing all school children are illusory. For example, with more than 25,000 children enrolled in schools here, at least 1 percent, according to official warnings, is expected to test falsely positive for TB. That is approximately 250. Conservatively 15%, or 37.5 victims, sustain potentially serious side effects from being forced to take antibiotics for 6 months. All children who test falsely positive suffer added cancer risks from chest x-rays that read “normal” even in most latent TB infection cases. This crude analysis yields an alarming 37-to-1 “risk-to-benefit ratio.” In other words, 37 children are expected to be harmed by this program compared to less than one expected to benefit.

Dr. Horowitz testified that the public, including active TB cases in children and adults, is far better served by dependable non-invasive screening methods such as history taking and diagnosis of possible respiratory ailments during routine physical examinations.

Beyond the TCP’s health risks, the complaint asks a jury to consider additional administrative costs to schools, and social costs to parents, including time and money spent in obtaining “tuberculosis clearance” from the state, or being forced to homeschool. The plaintiffs aim to prove “a reasonably responsible prudent person” would consider Hawaii’s TCP “institutionalized fraud,” “public health malpractice,” “human experimentation without license,” and a “crime against humanity.”

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NOTE TO JOURNALISTS and OTHERS SEEKING MORE DETAILS: For review copies of Dr. Horowitz’s books, please call Jackie Lindenbach at 1-800-336-9266. Dr. Horowitz is currently living in Hawaii, while directing development of the Steam Vent Inn & Health Retreat. (See: www.steamventinn.com.)

 

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