Shoemaker’s subpoena is a load of cobblers
Kathleen Seidel’s Neurodiversity blog is an example to us all. She combines meticulous research with lucid prose. Her writing is as good as or better than much that passes for investigative journalism today. Now she has had to add the skills of a lawyer to those of a journalist in response to a subpoena from Clifford Shoemaker. This subpoena is so onerous and burdensome in its demands that it beggars belief, even in an overlawyered society like America.
Kathleen is being subpoenaed to testify at the taking of a deposition in the case of Lisa Sykes et al versus the Bayer Corporation and to provide
All documentation pertaining to the set up, financing, running, research, maintaining the website: http://www.neurodiversity.com that specifically relates to Lisa Sykes, her son, her lawsuits (NVICP and civil litigation, her church position, her family in general, her associates, her attorneys, her Citizen’s petition (FDA Filings and Court Filings) and her physicians. This shall include, but not be limited to bank statements, cancelled checks, online or offline donation documents, and tax returns. This to include the names of persons helping, paying or facilitating in any fashion these endeavours.
Whoa there!
- Kathleen is not a party to the dispute between Sykes and Bayer.
- She has had no contact with any of the parties to the dispute.
- The content of her website will have no bearing on the outcome of the case which will be determined by the quality of the expert testimony brought to the case by both sides, not the sleuthing of a citizen blogger.
- Nobody pays her to maintain Neurodiversity. She puts her own time and money into it.
It is obvious what Shoemaker is after. He is on a fishing trip to see what he can learn about Neurodiversity.com. Perhaps he thinks it is a front for Big Pharma and he can turn up something that will embarrass Bayer in court. He is only in it for the money and so cannot conceive how a private citizen could put so much effort into a resource like Neurodiversity.com and have the moral rectitude to blog about the abuse of autistics by quack practitioners and their attempts to use the courts to justify their behaviour and all with no thought of personal gain for herself.
But Shoemaker is not just fishing. It seems his intention to bully and intimidate Kathleen into silence. Because the subpoena asks for more, a lot more. Kathleen describes it thus in her motion to quash,
The subpoena commands production of “all documents pertaining to the setup, financing, running, research, maintaining the website http://www.neurodiversity.com“ – including but not limited to material mentioning the plaintiffs – and the names of all persons “helping, paying or facilitating in any fashion” my endeavors. The subpoena demands bank statements, cancelled checks, donation records, tax returns, Freedom of Information Act requests, LexisNexis® and PACER usage records. The subpoena demands copies of all of my communications concerning any issue which is included on my website, including communications with representatives of the federal government, the pharmaceutical industry, advocacy groups, non-governmental organizations, political action groups, profit or non-profit entities, journals, editorial boards, scientific boards, academic boards, medical licensing boards, any “religious groups (Muslim or otherwise), or individuals with religious affiliations,” and any other “concerned individuals.”
Could any of this be connected to the fact that 4 hours before being served with this subpoena Kathleen published a blog post The Commerce in Causation which enumerated legal costs paid to Mr Shoemaker by the National vaccine injury compensation Programe to the sum of $584,449.28.
Kathleen ends that post thus:
These nonprecedential decisions reveal only a portion of Mr. Shoemaker’s VICP income since June 2006; they pertain to fee requests to which HHS and the presiding Special Master raised few objections. In contrast, published decisions on fees and costs offer a more detailed view of controversies calling for a comprehensive judicial analysis, and of the billing practices of petitioners’ attorneys.
to be continued
Could the real purpose of this subpoena be less to do with what Shoemaker thinks Kathleen might know about Sykes versus Bayer and more to do with what he thinks she might know about him? Whatever his motives, he has managed to spread his name accross the Internet to almost universal opprobrium. Anti quackery blogs like Holford Watch, Science Bloggers, Autism Hubbers and legal blogs like the aptly named Overlawyered are all chiming in on Kathleen’s behalf. I Speak of Dreams is trying to keep a comprehensive list of them all. The total currently stands at 52.
Some voices have remained silent. Can you imagine the reaction in some quarters if the Department of Justice decided to subpoena David Kirby to discover who was leaking court documents to him in the Poling case. By his own admission
The unprecedented concession was filed on November 9, and sealed to protect the plaintiff’s identify. It was obtained through individuals unrelated to the case.
As a fellow blogger it ought to be in his interest to support Kathleen against this abuse of the legal process. How about it, David?
Pingback by Kathleen Seidel Has Received a Sub-Poena: Streisand, Spartacus, Shoemaker, They Start with S and End the Same Way « Holford Watch: Patrick Holford, nutritionism and bad science | April 5th, 2008
[...] Orac at Respectful Insolence More legal thuggery, this time against neurodiversity.com Walter Olson of Overlawyered Vaccine lawyer subpoenas Kathleen Seidel Pal M.D. at Denialism Autism cranks going after blogger Jake at Pure Pedantry Autism Cranks Try To Intimidate Blogger by Subpoena Matt Johnston of Going to the Mat Bloggers and legal action Leslie Graves of Open Records Blogger intimidation with a twist Jane Genova of Law and More Kathleen Seidel’s Blog: Influence Means You Get Subpoeaned and Olson’s Trumpet - Blogosphere Unites Behind Kathleen Seidel Liz of I Speak of Dreams Kathleen Seidel Slapped With unconstitutional, illegal, barred by the journalist’s privilege, and needlessly invasive subpoena P. Z. Myers of Pharyngula Attempted suppression of Seidel Glenn Reynolds of Instapundit Subpoena abuse (link only) Sharon of The Voyage Neurodiversity Blogger Unfairly Subpoenaed Ms Clark at Grey Matter White Matter Evidence of Slime Whose planet is it anyway? Clifford J Shoemaker and Lisa Sykes: Putrid Lawyering Autista at eponymous Rediculous You are my minions Awareness Sandy of Crux of the Matter Blogger on autism hit with subpoena Letting off steam We are all Kathleen Seidel Matt at Pooflingers Anonymous Another day, another gasket D o’ C at Autism Street I am Kathleen JREF Forums Subpoena Being Used As Intimidation Tool vs Vaccine Blogger Aspies for Freedom Forums Aspies for Freedom discussion Ken of Popehat Vaccine-Litigant Thuggery: Subpoenaed For Blogging Elf Sternberg mentions Seidel Friday’s Brain Is Small But Inspired: Kathleen Seidel of Neurodiversity faces down a legal thug Kassiane of The Rettdevil’s Rants We are Kathleen Rev. Big Dumb Chimp of the eponymous blog Anti-Vaccination Parents stoop to new lows Update April 5 Odd Jack of the Jaded Skeptic Autism troubles in law and blogs Sabrina W of Women’s Bioethics Blog Neurodiversity blogger subpoenaed in “vaccine-autism link” lawsuit”> Bev of Asperger Square 8 Welcome to the “I am Kathleen” Scavenger Hunt Axinar (eponymous) Autism-Vaccine / Neurodiversity War Getting UGLY jypsy from The Run Man We are Kathleen too Joseph of Natural Variation - Autism Blog Clifford Shoemaker and Other Views Malcolm Stanly of Strategic Thinking and Execution Blogger ensnared in hotly contested autism-vaccine lawsuit Dr Mary Johnson of Dr J’s HouseCalls The Plane! The Plane! Steve D of One Dad’s Opinion How to Treat a Bully Mythusmage of Mythusmage Opines Rallying the Blogosphere Again and again on Live Journal Rallying the Blogosphere Again codeman38 of Normal Is Overrated All for one and one for all Club 166 Kathleen Slapped-Blogs Slap Back Moon Cat of Left In Alabama Blogger Troubles - SLAPP Ralph Smith of Homo Autistic Kathleen Seidel “Subpoeaned” Grumpy of I Call BS When bullies get a subpoena to wield (mention) Law bites Vaccine lawyer subpoenas Kathleen Seidel Woman Scientist (eponymous) Links to the absurd (mention) Bronze Dog of The Bronze Blog Anti-Vaxxer Thuggery (mention) Bug Girl (eponymous) Chilly climate for blogging? dkmnow (eponymous) Shoemaker’s Witch-Hunt: An Open Letter (dkmnow is a little hurt to have been left off the subpoena and might be interested in rectifiying that) New York Personal Injury Attorney Blog Abuse of process Swiftspeech! Quash this unconstitutional, unreasonable, irrelevant, excessive, invasive, burdensome, frivolous, and clearly retaliatory subpoena (mention) Vicky at Victoria’s Corner The Mozlems Want You to Have Autistic Babies John Timmer of Ars Technica Blogger ensnared in hotly contested vaccine lawsuit Lisa of Liv’s Journey Can I Play Sykes Google Hit Too? Liesl of Clotted Cognition You gotta fight for your right to blog Mike Stanton of Action for Autism Shoemaker’s subpoena is a load of cobblers [...]
Comment by Joseph | April 5th, 2008
Absolutely. What do Kirby and Olmsted, the “autism journalists”, think of all this? It would be interesting to find out.
Comment by Club 166 | April 5th, 2008
…As a fellow blogger it ought to be in his interest to support Kathleen against this abuse of the legal process. How about it, David?
Look! I just saw a flock of pigs fly past the window!
OK, I guess he’ll support her now.
Joe
Pingback by Fashion » Shoemaker’s subpoena is a load of cobblers | April 5th, 2008
[...] Action For Autism wrote an interesting post today on Shoemaker’s subpoena is a load of cobblersHere’s a quick excerptThis to include the names of persons helping, paying or facilitating in any fashion these endeavours. Whoa there!… [...]
Comment by I would be a Kathleen if I had the right body-bits! | April 5th, 2008
Is that “cobblers” spelled b-o-l-l-o-c-k-s, Mike?
Comment by john fryer | April 6th, 2008
No one can be punished for telling the truth.
BUT if people are acting for other people or other interests then they should pay for their intrigue.
And pay DEARLY
John Fryer Chemist
Mercury is the second most deadly toxic element.
Excluding plutonium which has been deliberately injected into a few US citizens it is the most toxic element ever injected into ALL USA citizens.
In France such actions attract the charges of manslaughter.
Anyone who condones the injection of mercury into 1 day infants deserves everything the LAW has to offer them.
Comment by Leila | April 6th, 2008
No doubt about it, it’s a personal vendetta. I hope they’ll really quash the subpoena because it would be not only burdensome on an innocent person, but it will be a waste of taxpayer’s money to bring someone totally unrelated to the case to the court. Hell, their whole case in court is a waste of taxpayer’s money. I’d be curious to know where the Sykes and other families get all this money to pay those outrageous amounts of money to this lawyer.
Comment by Kathleen Seidel | April 6th, 2008
Mike, thank you so much for your support.
Mr. Fryer, I wish you and your family well.
Comment by RAJ | April 6th, 2008
“Could any of this be connected to the fact that 4 hours before being served with this subpoena Kathleen published a blog post The Commerce in Causation which enumerated legal costs paid to Mr Shoemaker by the National vaccine injury compensation Programe to the sum of $584,449.28″.
What does how much an attorney or an expert witness have been paid have to do with the vaccine debate? It is a red herring invoked by all sides. You do realize that Professor Eric Fombonne has been paid equally absurd appearance fees to give testimony on behalf of the vaccine manufactures.
The argument is that “my side is right, therefore they deserve to get paid, the other side is wrong therefore they are just greedy’.
Comment by Mike | April 6th, 2008
RAJ
the point about fees is that in the US Court of Federal Claims the government meets all reasonable legal costs win or lose. Since 1990 954 successful claims cost the taxpayer $33,759,382.97 in legal fees and expenses and 765 unsuccessful cases cost $16,397,075.07
This is good in that parents who think they have a case are not put off by the legal costs. But it also opens the door for unscrupulous personal injury lawyers to persuade parents with little chance of winning to go to court. Win or lose the lawyer gets paid. I wonder how scrupulous Shoemaker is.
Comment by RAJ | April 7th, 2008
Mike;
I see your point, but it is still a straw man argument. Professor Eric Fombonne is paid large fees to appear as an expert witness for the vaccine manufacturers win or lose.
No doubt Fombonne is offering testimony to what he strongly actually believes, but he is a child psychiatrist, not a vaccine expert. I wouldn’t make an argument wondering about how scrupulous Fombonne is, any more than I would make an argument about how scrupulous Showmaker is.
Comment by Patrick | April 7th, 2008
“that specifically relates to Lisa Sykes, her son, her lawsuits”
Vague and non-specific references. I would think that someone well versed in the fine points of the law would be a bit more precise. Which Lisa Sykes? What specific lawsuits? and not to be too prying, but What son? Birthdates/Place of birth? Case numbers? Full names? (I know, I’m being a bit picky here.)
Comment by Mike | April 7th, 2008
RAJ
I am not criticizing the fees paid to expert witnesses in court cases. The point is that usually cases only come to court when there is a reasonable case to answer. The unreasonable cases rarely make it to court because plaintiffs are not going to pay good money on lawyers fees if they have little chance of winng. But in the vaccine court the government is paying the plaintiff’s lawyers no matter how flimsy the case. Their clients may lose but the lawyer cannot lose.
That however is peripheral to the subject at hand. I suggested it as a possible motive for Shoemaker’s subpoena. In that I may be totally wrong. But I believe i am right to suggest that if granted, a subpoena so vague and all encompassing would be a serious blow to bloggers everywhere, whatever they blog about.