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Texas vs. Burzynski Nov. 19-25, 2015 (State’s evidence) Recap and Update (See link for May 3-13, 2016)


SEE THE FINAL PORTION OF THE TRIAL (May 3 – 13, 2016) HERE.


PLEASE SIGN THE PETITION


This blog post will be updated periodically as we process the footage from the hearing from the first leg (November 19-25, 2015), with a new post dedicated to the second leg of the trial (May 3-13, 2016) – here.

 

DAY ONE: Thursday Nov. 19, 2015

Some of Burzynski’s patients and other supporters arrived before and during the hearing to show their support for Dr. Burzynski.

Protesters footage below:

Opening statements from both sides, below:

When making the two documentaries about Burzynski, I had never had the luxury of attending an actual trial since there hadn’t been one after 2008 when I got involved investigating this story. I only had the transcripts to refer to. However, I found that attending the trial itself was more surreal then ever. It’s the exact same game over and over again on behalf of the prosecution.

What is remarkable about each court case involving the persecution of Dr. Burzynski is the Board’s choice of “experts”. The State’s first witness was Norman Fost, MD, MPH. Under oath, Dr. Fost admitted that he had no knowledge of Burzynski other than what the State’s attorney’s provided him. Fost’s knowledge of Burzynski was a simple “Google search”. He had not seen either one of the documentaries, never met a single Burzynski patient, and never met Burzynski before the trial itself. He admitted that he was not a cancer expert, not an oncologist, and had never in his career prescribed chemotherapy or radiation or treated any cancer patients.

Dr. Fost’s expertise involves childhood obesity, organ donation, stem cells, children’s mood disorders, and drug use in sports. Not anything involving cancer.

fost

Dr. Norman Fost, like so many “expert witnesses” are “career expert witnesses”. He has testified in numerous cases as an expert witness. For this hearing, Fost was paid $10,000 for his pretrial testimony, another $2,000 to testify in court, plus travel expenses. Dr. Fost flew to Austin, TX from Wisconsin to testify.

It was reported that Lee Bukstein, had come out of retirement to try this case.

You can watch Dr. Fost’s entire testimony below:


DAY TWO: Friday Nov. 20, 2015

The second day of the hearing was the State’s second expert witness, Elaine Kloos. This was her first time testifying as an expert witness. She was reportedly paid $20,000 for her pretrial testimony, another $2,000 to testify on Nov. 20th, plus travel expenses.

elaine-kloos

Elaine is a registered nurse and senior consultant with “Oncology Management Consulting Group”, a group that advises medical and radiation oncology.

This day of testimony involved billing practices only. It was a truly dry and dull day of testimony.

The only noteworthy events were a series of “honest mistakes” on behalf of this witness, where she contradicted her pretrial testimony during cross examination.


DAY THREE & FOUR: Monday & Tuesday Nov. 23-24, 2015

State’s witness: Cynthia Wetmore, MD, PhD. She was an expert witness involving the abstract idea of the definition of “The Standard Of Care” and how Burzynski has been “deviating from the Standard Of Care” — everything Burzynski does is an innovation that is not standardly practiced, therefore by definition everything Burzynski does is “outside of the Standard of Care”.

expert-witness-pic-1

She was paid $10,000 for her pretrial testimony, $2,000 to appear in court, plus travel expenses.


DAY FOUR Tuesday Nov. 24, 2015

The two witnesses that testified on this day were Wayne and Lisa Merritt. In 2009, Wayne was diagnosed with stage IV pancreatic cancer. No one lives through stage IV pancreatic cancer—it has even taken the lives of the most wealthy and affluent, including Steve Jobs and Patrick Swayze.

When Wayne was diagnosed, he was given a death sentence and wanted to seek other therapies that weren’t the usual cut, poison, and burn—so he sought Burzynski.

wayne-merritt

The FDA generally prohibits anyone who isn’t a brain cancer patient from receiving Burzynski’s invention, Antineoplastons. In order for Wayne to be treated by Burzynski, he entered Burzynski’s “personalized gene targeted regimen”, where genetic testing is done on the patient’s tumor biopsy as well as the patient’s blood. Wayne was prescribed PB (phenylbutyrate) plus a few other cancer medications that were not approved for pancreatic cancer and were used off-label based on the genetic findings of Wayne’s cancer. Wayne was only treated for one month by Burzynski, and his cancer quickly went away and Wayne remains cancer-free today 6 years later.

But Wayne wasn’t testifying to defend Burzynski—instead, he was testifying against Burzynski because he was upset at the $20,000 price tag. The medications Burzynski prescribed his patients undergoing his personalized therapy are invented and sold by the major pharmaceutical companies, and one medication can easily cost more than $10,000 for a single month. Since insurance doesn’t cover this type of therapy, everything has to be out of pocket.

So someone who was cured of one of the most deadly and untreatable cancer types was apparently so annoyed by the price tag of his cure that he started a “Burzynski Scam” website, and has been the poster boy for the “anti-Burzynski skeptics” and the mainstream media when reporting on Burzynski. USA Today has featured Wayne’s story on many occasions.

I requested to be able to film their testimony, but Wayne and Lisa declined.


DAY FIVE Wednesday Nov. 25, 2015

Another Burzynski patient or family member testified on this day, but due to confidentiality and HIPAA laws cameras were not allowed in the court room.

Stay tuned for the recap of the May 2016 leg of this trial.

team-hannah

CLICK HERE TO BUY THIS DOCUMENTARY SERIES ON DVD.


Older posts related to this story:

Burzynski: Peer-Reviewed Published Articles (most recent to 2015)

Nov. 19, 2015: Texas Medical Board vs. Dr. Burzynski and employed doctors

Nov. 9, 2015: Elizabeth Fago-Smith Interview | 2015 Update | by Eric Merola

Aug. 28, 2015 Hannah Bradley is still cancer free! Aug. 28, 2015


SEE THE FINAL PORTION OF THE TRIAL (May 3 – 13, 2016) HERE.


“2016-buy-dvd”
on-demand

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Just released: BURZYNSKI: CANCER CURE COVER-UP (2016)

CLICK: (2016): Instantly watch the new BURZYNSKI: CANCER CURE COVER-UP (2016) 1 hour, 50 min

Your rental or purchase of this new release helps to support and maintain our ability to keep this story alive and in the public’s eye, only $5.00.

Subscribe to the Burzynski Film Series mailing list

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Burzynski: Peer-Reviewed Published Articles (most recent to 2015)

List of recently published peer-reviewed articles related to
Antineoplastons and Burzynski’s “personalized cancer therapy”

ANTINEOPLASTONS:

2015

A Phase II Study of Antineoplastons A10 and AS2-1 in Adult Patients with Primary Brain Tumors—Final Report (Protocol BT-09)

Link: http://www.scirp.org/Journal/PaperInformation.aspx?PaperID=61444

———-

A Phase II Study of Antineoplastons A10 and AS2-1 in patients with recurrent Anaplastic Astrocytoma—Final Report (Protocol BT-15)

Link: http://www.ccsenet.org/journal/index.php/cco/article/view/47383

———-

A Phase II Study of Antineoplastons A10 and AS2-1 in patients with Brainstem Gliomas.
The Report on Non-Diffuse Intrinsic Pontine Glioma (Protocol BT-11)

Link: http://www.scirp.org/journal/PaperInformation.aspx?PaperID=55563#.VTRM6hPF_t1

———-

A Phase II Study of Antineoplastons A10 and AS2-1 in Adult Patients
With Newly-Diagnosed Anaplastic Astrocytoma – Final Report (Protocol BT-08)

Link: http://www.ccsenet.org/journal/index.php/cco/article/view/42461

———-

2014

———-

The response and survival of children with recurrent diffuse intrinsic pontine glioma based on
phase II study of antineoplastons A10 and AS2-1 in patients with brainstem glioma

Pubmed link: http://www.ncbi.nlm.nih.gov/pubmed/24718705

READ FULL PDF

———-

A Phase II Study of Antineoplastons A10 and AS2-1 in Children with High-Grade Glioma.
Final Report (Protocol BT-06), and Review of Recent Trials

Abstract: http://www.scirp.org/journal/PaperInformation.aspx?paperID=46242#.VMF91i7F-Qw

READ FULL PDF

———-

A Phase II Study of Antineoplastons A10 and AS2-1 in Adult Patients with Recurrent Glioblastoma Multiforme:
Final Report (Protocol BT-21)

Abstract: http://www.scirp.org/journal/PaperInformation.aspx?PaperID=49564#.VMF-dS7F-Qw

READ FULL PDF

———-

A Phase II Study of Antineoplastons A10 and AS2-1 in Children with Recurrent, Refractory or Progressive Primary Brain Tumors—
Final Report (Protocol BT-22)

Abstract: http://www.scirp.org/journal/PaperInformation.aspx?PaperID=49568#.VMF-wy7F-Qw

READ FULL PDF

———-

Recurrent Glioblastoma Multiforme— A Strategy for Long-Term Survival

Abstract: http://www.scirp.org/journal/PaperInformation.aspx?PaperID=49566#.VMF_SS7F-Qw

READ FULL PDF

———-

The Effect of Antineoplastons A10 and AS2-1 and Metabolites of Sodium Phenylbutyrate
on Gene Expression in Glioblastoma Multiforme

Abstract: http://www.scirp.org/journal/PaperInformation.aspx?PaperID=49471#.VMF_jy7F-Qw

READ FULL PDF

**********

PERSONALIZED GENE-TARGETED

2015

———-

A Case of Sustained Objective Response of Recurrent/Progressive Diffuse Intrinsic Pontine Glioma
with Phenylbutyrate and Targeted Agents

Abstract: http://www.scirp.org/journal/PaperInformation.aspx?paperID=52985#.VMF9NS7F-Qw

READ FULL PDF

———-

2014

Preliminary Findings on the Use of Targeted Therapy in Combination with Sodium Phenylbutyrate
in Colorectal Cancer after Failure of Second-Line Therapy—A Potential Strategy for Improved Survival

Abstract: http://www.scirp.org/journal/PaperInformation.aspx?PaperID=51577#.VMF_6S7F-Qw

READ FULL PDF

———-

Preliminary Findings on the Use of Targeted Therapy in Combination with Sodium Phenylbutyrate in
Advanced Malignant Mesothelioma: A Strategy for Improved Survival

Abstract: http://www.scirp.org/journal/PaperInformation.aspx?PaperID=50986#.VMGALS7F-Qw

READ FULL PDF

———-

Preliminary Findings on the Use of Targeted Therapy in Combination with Sodium Phenylbutyrate in
Recurrent Advanced Pancreatic Cancer—A Potential Strategy for Improved Survival

Abstract: http://www.scirp.org/journal/PaperInformation.aspx?PaperID=50936#.VMGAci7F-Qw

READ FULL PDF

———-

Preliminary Findings on the Use of Targeted Therapy with Pazopanib and Other Agents in Combination
with Sodium Phenylbutyrate in the Treatment of Glioblastoma Multiforme

Abstract: http://www.scirp.org/journal/PaperInformation.aspx?paperID=52600#.VMGAtC7F-Qw

READ FULL PDF


“2016-buy-dvd”
on-demand

young-dr-b-web

Just released: BURZYNSKI: CANCER CURE COVER-UP (2016)

CLICK: (2016): Instantly watch the new BURZYNSKI: CANCER CURE COVER-UP (2016) 1 hour, 50 min

Your rental or purchase of this new release helps to support and maintain our ability to keep this story alive and in the public’s eye, only $5.00.

Subscribe to the Burzynski Film Series mailing list

* indicates required

Texas Medical Board vs. Dr. Burzynski and employed doctors | Nov. 19, 2015


tmb-vs-drb-layers

On November 19, 2015 The Texas Medical Board (TMB) opens the latest hearings against Dr. Burzynski and other doctors at the Burzynski Clinic alleging dubious charges in an effort to keep the clinic from treating any more people suffering from cancer and thus attempting to keep current and future cancer patients from making their own treatment decisions by seeking Dr. Burzynski as a treatment option.

Why are they doing this? Because they can. The TMB has exhausted all avenues trying to keep Burzynski from using his FDA-sanctioned invention, Antineoplastons, they went all the way up to the State Supreme Court and lost in that attempt — so now the TMB has to focus on Burzynski’s “personalized cancer therapy” (as covered in “Burzynski: Part II”) as a new plan of attack.

Be sure to follow The Burzynski Movie Facebook Page, Twitter, and Subscribe to this documentary series YouTube Channel to stay up-to-date during the trial. Eric Merola, the director and producer of the Burzynski: Cancer Is Serious Business Documentary Series will be there on Thursday and Friday (Nov. 19-20) to cover the opening dates and report back to the public throughout the day.

If you live in the Austin, TX area and would like to come out to show your support, be sure to follow this project’s Facebook page or email us here. Otherwise you can show up at the 300 West 15th St, 4th FL, Austin, TX 78701 address before 9am or throughout the day.

Teresa Kennett, who was cured by Burzynski’s Antineoplastons in the 1990s has started a Change.org petition, if you wish to sign it here. Learn more about Teresa’s story here.

Watch Teresa’s full testimony in Congress below

In case you missed some of the recent updates related to the Burzynski Saga, here are a few updates from 2015:

September 23, 2015 Update:

August 28, 2015 Update:

January 29, 2015 Update:

Getting annoyed by those who believe the negative propaganda?

Here is a link to recent peer-reviewed studies – here.

Here is a link describing the organized Astroturf campaign currently underway – here.

team-hannah

fmtv

Elizabeth Fago-Smith Interview | 2015 Update | by Eric Merola

By Eric Merola

In my 7 years following the “Burzynski” saga, directing and producing that documentary film series, I’ve learned a lot in the process.

I have also experienced some massive bombshells in my time covering this story. For instance, in late 2009, right before I released the first “Burzynski” documentary, a Burzynski supporter and former college buddy of David Axelrod (President Obama’s former Chief Of Staff) handed off a DVD of “Burzynski” before its release, and after David watched it, he had this to say:

“This is very important, but it’s just too big. Maybe in 10 years we can face this – but not right now, it’s just too big.”

This was quite a sobering thing to hear.

Then fast-forward to the summer of 2010. One of the patients I profiled in my first “Burzynski” movie, Kelsey Hill, was cured of stage IV adrenal cancer by using Burzynski’s Antineoplastons.

Since she was undergoing full body scans to find if there was any more metastasis beyond her kidney, liver, and lungs—an MRI found a small tumor in her brain, but it turned out not to be malignant. Once she got through her journey of being cured of her malignant tumors in her kidney, liver, and lungs, they decided to “watch and wait” on the tumor in her brain.

Finally, Kelsey’s parents decided to have the benign tumor in her brain removed. They chose America’s leading pediatric neurosurgeon Dr. Ben Carson of Johns Hopkins (who is now running for President of the United States, and is the subject of the feature film “Gifted Hands” starring Cuba Gooding Jr.).

During the first consultation, Dr. Ben Carson looked at Kelsey’s records and said, “Wow, she’s doing great for having been cured of cancer after undergoing the amount of chemotherapy and radiation she must have endured.”

Kelsey’s father Steven replied, “she wasn’t treated with any chemo or radiation, she was treated exclusively with Dr. Burzynski’s Antineoplastons.”

Ben Carson had never heard of Dr. Burzynski before. Upon their second meeting with Dr. Carson, he said the same thing to them. This time Kelsey’s parents were armed with a DVD of my documentary, “Burzynski”—and corrected him a second time.

Dr. Ben Carson watched my documentary, and quickly discovered that Dr. Burzynski’s Antineoplastons (ANP) are the first medications in world history (at least within any controlled FDA-sanctioned study) to cure an inoperable brainstem glioma, and/or pontine glioma, also known as a “DIPG”.

Dr. Carson expressed that he himself has never seen a cure of this cancer type—DIPG, and he wanted to consider opening up clinical trials at Johns Hopkins using ANP for DIPG.

At this time, Dr. Ben Carson was one of America’s star surgeons, and had a lot of power within John Hopkins to start clinical trials using Antineoplastons at Johns Hopkins for DIPG in children. Dr. Carson then spent more than 2 hours on the phone with Dr. Burzynski expressing that he wanted to start this process.

After this phone conversation, two weeks went by, and Dr. Ben Carson stopped returning any phone calls or emails related to this.

In Dr. Burzynski’s words, “It was a matter of time, someone obviously got to him.”

This type of thing has been a constant in the Burzynski saga. Since Dr. Carson is running for President, I think it’s important that I share that story to the world, right here, for the first time.

Now, fast-forward to 2014. I interviewed Elizabeth-Fago Smith in relationship to her husband being treated with ANP. She was appointed by then Governor Jeb Bush to the board of directors of Scripps Florida among many other accomplishments. As we know, Jeb Bush is now running for President of the United States as well.

I will allow the interview to speak for itself—but I will leave you with one choice quote to peak your interest:

“It’s okay that you [the FDA], approve it for the Saudi King’s nephew, who got approval in 24 hours for Antineoplastons—who is still alive. Then you got a CIA agent on Antineoplastons, and that was done in a few hours. So you randomly choose who lives or dies? How do you live with yourselves?” Elizabeth Fago-Smith Board of Directors, Scripps Florida – 2015