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.
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.
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:
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 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.
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”.
She was paid $10,000 for her pretrial testimony, $2,000 to appear in court, plus travel expenses.
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.
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.
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.
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
Just released: BURZYNSKI: CANCER CURE COVER-UP (2016)
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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
November 29, 2015 at 3:29 am
I am completely disgusted by this whole process. The FDA and the Texas Medical Board are not looking out for the public, for me that is a taxpayer, and for humanity. This is about using the law as a weapon and attempting to use anything they can find to accomplish their goal of diminishing what Dr. Burzynski has done for advancing medical science. This is just more proof of what the medical system has become in America, BIG BUSINESS with no regard for real health, just symptom treatment, greed and avarice!
The people of Texas should hold these people in contempt and remove all of them from their positions and look for REAL PEOPLE that are concerned about the health of the public. Instead of praising this work and holding up the people that Dr. Burzynski has saved, these demons and blood sucking vermin in charge of the Texas Medical Board and FDA should be put in jail for their attempt to manipulate the law to promote their egregious agendas that have no place in the world of decent human beings.
April 27, 2016 at 3:32 pm
WE all should be thanking Dr. Burzynski’s practice for saving people. Shame on Wayne Merritt for discrediting this wonderful doctor who SAVED HIS LIFE!! He probably is getting paid. You will pay later Wayne!!!
April 27, 2016 at 7:33 pm
Do you still believe that govt., not this govt., but any govt. anywhere, anytime, ever protects or serves the public? If you do, you are not “completely disgusted”. What more proof do you need? This “witch hunt” has been going on for 40 years, for special interests (AMA), while cancer victims suffer & die daily. They are twice victimized because their taxes are used to suppress Dr. Burzynski’s cure. Want more evidence? How about GMOs? They are allowed, thanks to their lobby, despite the damaging studies against them. Or how about the raw milk ban in most states? Ever since I can remember (the late 40s in CA) raw milk has been illegal or strictly regulated as to make it much more expensive, and thereby unable to compete with the milk lobby. But it is much healthier and nutritious. No matter. The big dairies have formed a lobby to destroy the small producer, and it is politics that rule, not health or public choice. I could go on and on (failed drug prohibition, failed foreign policy, failed regulatory system, failed public education system, failed economic interference, failed monetary policy by the FED money monopoly) but anyone who pays attention knows, just as president Reagan warned, “govt. is not the solution, it is the problem.” It is a disease pretending to be a cure. If you want to do more than complain about symptoms, strike at the root of the evil. Boycott all govt. Don’t vote or pay any taxes you can reasonably avoid, and encourage others to do the same. Fight back by resisting the rulers in every way you can think of. We don’t need them, they need us because they don’t produce any value, they are parasites.
June 27, 2016 at 7:27 pm
They are trying to break Dr. Burzynski when he has the answer instead they would rather people go through hell with chemo all in the name of greed. The billions spent on cancer research should be going to Dr. Burzynski.
August 5, 2016 at 3:04 pm
Thank you Jon for speaking the truth about this whole situation!
November 29, 2015 at 1:09 pm
This type of corruption and criminality by the American Prosecution Service is basically criminality and corruption, they are trying to protect the interests of the large Pharmaceutical Companies, they have not developed a full proof treatment for cancer, and they are attempting to shut down anyone else that has found a treatment that works, if the Pharmaceutical Industry was interested in the treatment of Cancer, they would work with Dr Burzynski to develop his cure for all those that are inflicted with this disease, but as we know the Pharmaceutical Industry is only interested in money, curing people can be detrimental to them, as they need to continue supplying them with expensive drugs that do not work to continue to make profit, curing people is something that would cause serious financial problems for all the Pharmaceutical Giants. So the American Prosecution Service is involved in defeating the ends of justice, trying to close down a Doctor that is curing people’s cancer, and giving them an extension to their lives with their family, which Drug Companies are unable to do. The Prosecution service is attempting to destroy any hope people have, after the Hospitals have sent them home to die, and Dr Burzynski is curing them. This type of corruption and criminality by the American Prosecution Service is basically criminality and corruption, they are trying to protect the interests of the large Pharmaceutical Companies, they have not developed a full proof treatment for cancer, and they are attempting to shut down anyone else that has found a treatment that works, if the Pharmaceutical Industry was interested in the treatment of Cancer, they would work with Dr Burzynski to develop a cure for all those that are inflicted with this disease, but as we know the Pharmaceutical Industry is only interested in money, curing people can be detrimental to them, as they need to continue supplying them with expensive drugs that do not work to continue to make profit, curing people is something that would cause serious financial problems for all the Pharmaceutical Giants.
The American Prosecution Service is basically involved in denying people a cure for cancer, after Hospitals have sent people home to die, stating they can do nothing further for them, when Dr Burzynski has cured thousands of people the Hospitals and the Pharmaceutical companies have failed to cure, and gave up on them, after they had spent thousands of Dollars on useless treatments and drugs. The Prosecution Service is involved in the proceeds of crime and money laundering. And after numerous failed cases to close Dr Burzynski down, this is again another example of an illegal vindictive campaign against him.
November 29, 2015 at 2:33 pm
Dr. Burzynski and Staff,
We are measured not so much by what we do for ourselves but by how we have helped others alone the way.
My the Great Spirit of the Universe be with all of you.
November 29, 2015 at 8:05 pm
I agree with the previous comments, as far as they go. I would advise Jon that his term “REAL PEOPLE” is nebulous. I think he means to say that if the FDA and TX medical board were staffed with uncorrupt members, justice would prevail. That theory has been used to explain why govt. in general has failed since its inception, everywhere, overtime, i.e., wrong people in power. It overlooks or denies the observation: Power corrupts to the extent of its limitation, no limits leading to absolute corruption. From this observation we can deduce that it is the institution of govt. itself that is the fundamental problem. What is govt.? It is the concentration of moral and political power backed by violence. So govt., by its very nature, is anti-individual, justified by the assumption that sacrificing individuals benefits the majority. This has never been proven, only asserted by corrupt statists. The lie survives, not on proof, but repetition from cradle to grave. It is a dangerous myth, but one shared by most of the world’s population. That is why people self-enslave to govt.
November 29, 2015 at 8:16 pm
Why would Wayne Merritt do anything to discredit or inconvenience the doctor who saved his life? I suspect it was a carrot/stick inducement (threat/reward). He probably rationalized his betrayal by telling himself that he was not discrediting the treatment but only stating the fee.
If I was defending, I would have asked him if he was threatened and/or rewarded for his testimony.
November 30, 2015 at 12:21 am
Please tell me how to contact Dr. Burzynski. Who can put a price tag on life. Shame on you, Wayne.
From Admin: to contact the Burzynski Clinic:
November 30, 2015 at 10:01 pm
May Dr. Burzynski and the makers of this film be protected and supported in every way. Dr. Burzynski is such a brave and dedicated doctor. The reason this treatment is so expensive, is because the research has been blocked, and so the insurance companies won’t cover it. It is a crime that the FDA insisted on radiation first, for these young children, and still Dr. Burzynski got results with his added treatment. He gets good results in his peer reviewed research at his clinic, WITHOUT the radiation.
A better world is possible and we are creating it. Thank-you you for your incredible dedication and inspiration, Dr. Burzynski!
December 6, 2015 at 3:16 am
I Support Dr. Burzynski !
December 8, 2015 at 9:45 pm
I think it a tragedy that the FDA and its affiliates are blocking this cancer treatment. I do not have cancer but if I did, I would pay a visit to Dr Burzynski and let him work my case. Every chance I can, I tell people about this doctor and the good he has done for such a long time.
Just a thought……Why aren’t we questioning Dr Ben Carson about his phone conversation with Dr Burzynski ? He wanted to collaborate and bring this to Johns Hopkins until the FDA got involved.
How do I go about sending someone to Dr Burzynski’s clinic that has cancer? Contact information is what I need.
(from Admin: contact the Burzynski Clinic: http://www.burzynskiclinic.com/ )
Thanks Dr Burzynski, you are truly a hero in my book!
December 10, 2015 at 7:49 pm
So far, from what I have heard of the trial, it is proving itself to be a senseless use of government money and the Texas people should be up in arms about the expenditures wasted on this abuse of a cancer doctor who has proven his skills.
In fact, maybe this terrible event will cause more people to take a second look at the medical profession that taunts and terrorizes alternative doctors. The FDA, Big Pharma, and the Texas Medical Board should be prosecuted for their intentions of robbing the masses of cures for cancer.
January 13, 2016 at 11:32 pm
I think Dr. Burzinski’s attorneys need to hire a really good PR person who knows how to truly exploit the power of the Internet. This trial is so ridiculous it borders on criminal, and if the world knew it would be shut down by the sheer power of public opinion. This needs to go viral. Dr. B’s team might be trying, but they haven’t yet hit on the right methods. Someone who knows the ‘net could run with this thing. Truly, find someone great at this and get them onboard. “Burzinski” should be a household name, and someone from his team or Dr. B himself should do every talk show and news show on the air. The power of the internet is the power of the people. I say, use it. Dr. Burzinski, you are a hero, a beautiful soul and an angel on earth. Thank you for all you are doing.
January 14, 2016 at 3:07 am
It is not surprising that the corrupt government is after Dr. burzynski again. What I don’t understand is why he stays in Texas and doesn’t take his clinic to either another State that would allow him the freedom to continue with his work (Arizona or Nevada?) or take his entire operation to Mexico where others before him went. Not to be critical of him, but why stick around and make yourself a victim. He does great work…go where you can continue doing it.
January 14, 2016 at 4:08 am
Hi – thanks for your comment. Sadly due to the giant 50,000 sq foot facility in Houston that is required to make these medicines, he can’t just up and leave the country and start over very easily. Maybe with the proper funding in the future he could set up shop overseas to avoid the suppression by the industry and the regulatory agency (FDA) they purchased via the “Drug User Fee Act”.
January 14, 2016 at 5:55 am
Wayne Merritt will pay dearly if his Pancreatic Cancer comes back and Burzynski refuses to treat him. I would definitely NOT treat this JUDAS piece of filth. Go to hell Wayne Merritt.
January 19, 2016 at 3:08 am
JUDASes Wayne and Lisa Merritt should rather testify about how much dough their puppet masters are raking in for Death Sentence Cancers. But looks like they would rather capitalize on Texas Board “INSURANCE”.
Scum of the Earth!!!
February 12, 2016 at 10:31 am
Wayne & Lisa Merritt “SHAME ON YOU” for testifying against Dr. Burzynski after saving your life Wayne, and you are complaining about a $20,000 BILL that saved your life. Are you CRAZY!! I have Stage 4 Colon Cancer and I do have Health Insurance to help pay My chemo bills at my hospital which are much more than $20,000., my plan does not pay for Dr. Burzynski’s Clinic. I surely would love to be able to go to Dr. Burzynski’s Clinic to save my life If I had the money or a way to borrow it, I would be at Dr. Burzynski clinic asap. I’d pay $50,000 if I had it or more. My life is worth it. All I can say is you all must be selfish and you both should be “A SHAME OF YOUSELVES AND EMBARRASSED” for what you have done.
I am praying for you Dr. Burzynski.
February 12, 2016 at 11:07 am
I haven’t had a chance to read everything about what happened after Day 1 in court. I just pulled it up to see if there was a verdict and seen where it’s been postponed till May 2016. Towards the end I see where Dr. Burzynski saved Wayne Merritt’s life and he and his wife are testifying AGAINST DR. Burzynski because WAYNE was charged $20.000. ‘EXCUSE ME” but you and your wife are “CRAZY OR NUTS” if you think $20,000 is to much to save your life. I’m billed that plus more every month just for my chemo every month.
February 21, 2016 at 2:50 pm
I can’t understand why after such testimonies of cured persons the us government
is not giving interest and attention in Dr.Burzynski work and solutions.It is maybe a crime
April 17, 2016 at 1:24 pm
My hats off to Dr.Burzynski’s work . As the good doctor’s treatment is working so efficaciously, I am at a complete loss to understand why he is being hounded by the State ?
My wife who’s a doctor is suffering from Metastatic Breast Cancer ( MBC ), ER/PR + . She was diagnosed with MBC in May 2013 and since then has been under continuous treatment with a series of hormone and chemotherapy treatments ( interspersed with palliative radiation therapy ) . Two chemotherapies didn’t work ( based on PET CT scans done after three cycles ) , she has just finished her 4th ( or 5th including oral chemo ) chemo therapy and has undergone a total of 18 IV chemo cycles to date . While the disease regressed partially after every treatment it has come back on , necessitating new line treatment . She has never been NEDs ( No Existence Of Disease) right from May 2013 till today .
MBC is treated as a ‘ chronic disease’ and is considered ‘ INCURABLE’ . I strongly believe that MBC fits into the category of cancerous disease with a hopeless outcome.
We are practically at the end of all known treatments. Further, the incessant chemo therapy has taken a toll with neuropathy and attendant problems . We live in Mumbai, India. We know that we are out of options .
Dr.Burzynski’s antineoplaston therapy might be the one last option which has a chance to succeed . .
Wishing Dr.Burzynski the very best . .
April 26, 2016 at 11:34 pm
Why doesn’t the FDA prosecute doctors and big pharma for killing patients with chemotherapy and radiation?
Dr Burzynski saves patients other doctors have declared incurable. Dr Bursynski should get an award for his
cancer treatments but instead he is brought to court to prevent him from saving more lives.
He has a proven safe treatment but the FDA is ignorant and biased toward big pharma. The FDA is a criminal organization supported by big pharma and the government. Any educated person can see that Dr Burzynski has a treatment that should be used nationwide on all cancer patients. He is more honest, caring and smarter than the FDA. Let free enterprise decide on the expertise of Dr Burzynski and let him compete with
big pharma. He will win hands down!! God bless Dr Burzynski!
April 27, 2016 at 1:21 am
I didn’t think I could feel worse about anything other than the FDA and the Texas Medical Board until I read about Lisa and Wayne Merrit! They are despicable. They always say what comes around goes around. I sure hope they get theirs! It is so hard to imagine such pathetic himan beings as these two and the ones that make up these organizations!
April 28, 2016 at 8:18 pm
The Merrits must not have one functional brain cell between them. Wayne, do you think you should be treated for free? Meds. cost money. The Dr. has spent every penny trying to save lives. Do you think he is rich? It has cost him everything he has had just to stay in business. He could have been a rich man if he had played ball with big pharma. Instead he keeps on saving lives and treats low life scum bags like you. You will pay for your turn coat actions. The universe demands balance in the end.
April 27, 2017 at 6:23 am
[…] the first time you heard about this? Check out the first leg of the trial from November of 2015; and check out the second leg of the trial in May of […]