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House GOPer Accuses Dem Foe Of ... "Grotesque Medical Experiments" On Human Guinea Pigs

Remember "Mean Jean" Schmidt, the Ohio Republican who famously called retired Marine Jack Murtha a coward for advocating withdrawal from Iraq?

Now she's lived up to her "Mean Jean" nickname name again, with a new snarling line of attack: Accusing her Democratic opponent, a medical doctor, of doing "grotesque medical experiments" on innocent people.

A source sends us a fundraising letter that Schmidt sent out in her district against Dem nominee Victoria Wulsin, who narrowly lost two years ago and is now mounting a second tough challenge being closely watched by national Dems. From the letter:

Wulsin's contempt for the culture of life has even led her to participate in grotesque medical experiments. Wulsin was paid for her work in medical "studies" where victims of AIDS in Africa and China were, without their consent, injected with the malaria virus, all in the name of "scientific inquiry."

Wow. This is, to put it mildly, a very serious accusation. And according to the Wulsin camp, it's also false -- Wulsin has never participated in this sort of human vivisection, and in no case was anyone injected with anything without consent.

The "grotesque medical experiments" charge appears to be a reference to some 2004 work that Wulsin did with the Heimlich Institute in Ohio. She examined data that was supplied to her as part of a literature review, taken from pre-existing studies, of experimental AIDS therapies that Wulsin concluded didn't work.

"She never participated in any of the studies," said Wulsin communications director Kevin Franck. "She was never in a position to stop any of them while they were in progress ... Jean Schmidt knew that those complaints and those allegations had no merit when she mailed the letter."

On top of that, the letter is also scientifically false. Malaria is not a virus -- it is a parasite.

The Schmidt camp has not responded to our requests for comment


62 Comments

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Is she nuts?

Yes.

As Atrios would say, another edition of Simple Answers to Simple Questions.

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:)

I am reminded of a favorite childhood book (well from my childhood anyway), from MAD: "Al Jaffee's Snappy Answers to Stupid Questions."

Give5 BUCKS to VIC to help her defend herself against Jean Schmidt's Attacks!

http://www.actblue.com/page/5bucksforvic

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I'm not a lawyer. For those lawyers out there, could this be considered slander or libel?

If so, sue her bony ass for distributing this information.

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I detect malice.

I am not a tort lawyer. However, I recall from law school that there are exceptions to the general rules of slander and libel in the political arena. I am not sure how far they are allowed to go, but in general they can say what they want with impunity.

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Not exactly. It's the malice test - that is, did the defendant act with reckless disregard for the truth. In this case, I think yes.

Oh yeah, actual malice. Do you recall any case law that indicates how difficult/easy it is to prove malice?

Extremely difficult, especially with public figures.

You need a "knowingly" in their as well....which I think would be easy enough to prove.

If this were my campaign, I'd most definitely sue.

Under New York Times v. Sullivan, if a public figure is involved, "actual malice," i.e. proof that a defamatory statement was made with knowledge of its falsity or with reckless disregard for its truth or falsity. "Reckless disregard," as I recall, means they had sufficient reason to question whether the statement was true to warrant further investigation.

None of which would help Mean Jean, I think, though I'm sure her lawyers told her otherwise.

Yeah thats the test. I guess what I meant was a specific sets of facts that have been applied to the test. This is in order to see how outlandish something has to be to meet the test or fail to meet the test.

Basically what I am looking for is an indication of reluctance from judges to rule for the plaintiff.

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I think the fact that anyone who had made the slightest attempt to verify the basic facts of the most heinous part of the allegations (injecting someone with a disease without their consent - which is legally assault, and therefor a felony) would have at least been alerted that malaria is not a virus, and thus the story is not accurate, should be sufficient to prove 'reckless disregard' for the truth.

Also remember though, that Schmidt doesn't just have to answer to civil and criminal courts, she can be censured by the House Ethics Committee.


Is the victim of libel the only one with standing to bring suit?

Can someone other that Vic Wulsin bring for a legal action against Schmidt?

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Yes, its libel.

i know this is by no means the point of the article, but malaria is not a virus - its a protozoan parasite. making a mistake like this doesn't do a whole lot for her credibility, and in the end probably makes her look bad.

malaria was used, back in the early 20th century (before antibiotics) as a treatment for syphilis because the high fever it induces helped cure patients of the syphilis, but i doubt that anybody would try that with HIV/AIDS

malaria was used, back in the early 20th century (before antibiotics) as a treatment for syphilis because the high fever it induces helped cure patients of the syphilis, but i doubt that anybody would try that with HIV/AIDS - but it they did, they would probably do it under tight control (since malaria is treatable if managed correctly)

Malaria viruses cut and run, protozoan parasites never do!

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nicely done

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Makes you wonder about that hot water served to dehydrated Republicans!

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LOL.

Another great read here..first we have Jindl and his association with the real Satan and now Schmidt and uses a "vodoo" tactic against her opponnent...damn fire the GOP is really doing some great research here!!!

Spread this wide and far -- the power of the Internet will prevail!

"Science is the enemy!"

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Can we inject her with malaria? And would it make any noticeable difference?

The malaria would reject HER.

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The problem is:

Will the 'average voter' know the difference? It a classic (mostly GOP but sometimes DEM) smear tactic that sadly but rightfully assumes that people will not do their research.

very true.

Schmidt Stinks.

It appears there may be some merit to the claim, but the language is clearly overblown. It seems that Wulsin did some analysis on behalf of the Heimlich Institute that was engaged in such work.

see QuackWatch and Wikipedia

According to the QW author, she had an obligation to report the nature of the study to the CDC related oversight bodies that govern human research. This could easily be a conflagration of relatively minor lapses in judgment on Dr. Wulsin's part, but I think it's worthy of some scrutiny by the voting public.

To clarify, the Executive summary that leads Wulsin's report takes the Institute to task for the risks it imposed on study participants and recommended it halt the study. The Schmidt mailer strongly implies that the study surreptitiously or forcefully infected unwilling participants with the malaria parasite. While the reports that are available certainly suggest that staff conducting the experiment failed to properly inform participants of the potential risks and benefits and thus violated the tenet of "informed consent" in the execution of this research, there is nothing to suggest that the subjects were coerced by deception or forced to undergo infection. Some would argue that it makes no difference -- the only credible consent is informed consent, after all. But I think the facts don't square at all well with the Schmidt verbiage.

Yes, but the point is that she was not involved in any of these trials, and certainly didn't inject anyone with anything.

This calls for an investigation. We must find out who injected Jean Schmidt with Mad Cow Disease.

new NBC/WSJ general election poll BO:47% JM:41%

Does that spark "wheres the bump?" talk? Or "McCain is in trouble" talk?

I see that folks upthread have already noted this, but I think this is the rare campaign accusation that may actually be actionable at law. Wulsin would likely have to show Schmidt acted at least with reckless disregard to whether the claims were false. A central issue might be whether the statement conveys that Wulsin herself was involved in the experiments, rather than in literature reviews. That she was not would surely have been easy to find out.

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No, this is not actionable. This is public information and comes from a fellow doctor who lodged a complaint with the State Medical Board of Ohio in 2004. However abhorrent, it is not libelous and it is not actionable, since it is a matter of public record.

No, WULSIN was never implicated in this complaint.

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Yes, she was. The complaint specifically mentions Victoria Wulsin. It was filed by a Dr. Baratz (?) in 2006, not 04 as I said previously.

The Ohio Medical Board says the complaints are anonymous and not open to the public. How do we know it was the Dr. Borat guy?

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Stay Classy RNC

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Sadly, this was first used by her opponent, Steve Black, in the democratic primary this year. He sent out mailers and aired ads that made Wulsin look like Dr. Mengele.

Oh Oh, it's Jean Jean the ranting machine.

Too bad Chuck Barris is not around to don his Arse Kicking shoes.

Malaria isn't a virus, it's a parasite.
Like most Republicans, it cares not what damage it does to its host. As far as I know, neither viruses or parasites are capable of lying.... somewhat of an upgrade from a neocon fundie.

Why can these people make stuff up and still be taken seriously?

This is certainly a shocking allegation, so I Googled and found that many of related documents are posted here. I haven't had a chance to review everything, but apparently the whole thing centers around the guy who invented the Heimlich manuever!

Anybody got anything else? Please post!

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Malaria..sux..I got it in Vietnam. But, I think this claim may cross a line. It is against the law for a medical doctor to intentionally harm a person as that would be malpractice...and that is against the law. So ole' Mean Jean has accused her opponent of committing a crime and could be made to defend that allegation. The test is the truth....and that aint on Jean's side.
I suppose this was supposed to be run of the mill Rovian crap: Get the idea out there and let it meld into the conventional wisdom. Issue a mini-culpa later but the crap is still out there. (Gore invented the internet, Obama is a Muslim) and hope it takes a few votes away. But this one alleges a crime. That is a classic libel and she cannot defend. I do hope this ends up in a courtroom.

I hear that the Heimlich Institute has sent out a letter saying that the charges are untrue, that Wulsin was never in Africa, had no part in the experiment, and in fact criticized it.

I hope she beats Schmidt so thoroughly that Schmidt will be politically radioactive for the rest of her life.

Yes, this is libelous, as so clearly explained by these many excellent postings after this article. Jean Schmidt is undeserving to be re-elected to her position. She is the 'coward' for resorting to outrageously false political attacks when her record should be enough to prove that re-election is in order. It's because she's vulnerable and knows she's very beatable. 2006 proved that as it was close. Ohioans in this district can do much better than this old battleaxe. Dr Wulsin is a better choice.

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What you don't understand is that Wulsin's democratic opponent in the last primary started this with a mailing to the constituents of the district. Jean Schmidt is going to say her fellow democrat made the allegations and she is merely passing along the information that he made public. I know this because I am in this district.

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It may be hard to convict Jean Schmidt of anything if it depends on "knowing." Not her strong suit.

As a biomed person, just to be clear, this sort of after-the-fact data analysis comes up often. Nothing one can do about it. Fascinating classic ethics case involves should we use knowledge gained from unethical Nazi experiments (e.g., burning and freezing people to death).

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Wulsin was privately contracted by the Heimlich Institute to review literature and studies acquired by the Institute, not performed by them, and give a summary and medical opinion as to the validity of the study findings. She performed no experiments, she was involved in no experiments, she reviewed the studies that were done fairly long ago. She gave a summary of the literature and studies to the Institute, finding that they either were not legitimate studies or ineffective experiments. The complaint filed with the State Medical Board of Ohio states that she failed in her duties by not reporting the experiments to the state medical board as unethical. The problem with this is that the studies were far in the past and they were not performed by American doctors or under the aegis of an American entity, institution, university, lab etc. The State Medical Board took no action - no hearing, no statements from Wulsin, no request for documents from the Heimlich Institute and did not review the complaint. This was taken to mean by some that the complaint was still "open" but it would indicate to any sentient person that they did not take the complaint seriously.

Wulsin would be very foolish indeed to file any kind of action that would result in a review and hearings by the state medical board and drain her of resources and time. Since this first surfaced as a campaign smear tactic by her democratic opponent in the primary of this year, I'm not so sure this is the hornet's nest anyone would want to stir up right now.

The mailer was actually pretty funny in some ways, it was a sickly green with a distorted picture of Wulsin and she was always referred to as DR. VIC WULSIN - as in DR VON Frankenstein or DR VON Mengele. Interestingly, people who received it that I talked to said it made them vote for Wulsin because it was so over the top ridiculous.

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IMO, Dr. Wulsin should not let this go. At the very least, she should publicly denounce Schmidt for disseminating lies. A threat of a lawsuit would not be amiss here, or at least a petition for a cease and desist order. That would at least point out to our oh-so-discriminating voting public that this is a deception.

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And perhaps Schmidt should be tested for rabies?

Fact is, if you get involved in reviewing something like this, which involves advancing the cause of a treatment protocol, you become a participant.

What Wulsin did and didn't do as a participant in the medical sense of the word is what is more than likely problematic.

Further, if Wulsin brought forth some kind of lawsuit of other action against someone, it would probably be a "make my day" moment for whoever the defendant might be. Imagine what they could learn in discovery....

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the only one with standing to bring suit?

yes.

also the scienter component of the test cannot be met in the case of Mean Jean--it is generally agreed that she don't know shit.

In the abscence of the ability to know shit, she can hardly be charged with knowledge of anything else--she may well fail to be oriented x3, as the professionals would have it.

You can contact media folks at cincinnati.com, wcpo.com, wlwt.com, wkrc.com and fox19.com. I did, since none had a story up about the lying GOP lady.

Lawboy says" the short version is that the candidate has an excellent chance of winning a libel suit against this idiot.

This is a special category of libel, called libel per se: it means that the libeled person does not even have to prove actual damages (loss of job, money, etc.). This charge that a medical person has engaged in grotesque scientific experiments libels her in her profession, one of the special categories in the law no requiring proof of actual damages, so that the suit can proceed with allegations of damage to reputation.

The statement is clearly injurious; it has been "published", that is, written to third persons, and the libeler knew or should have know that the allegation was false, upon any reasonable investigation.

The candidate has a dead bang case and I am sure there are many lawyers of good heart in Ohio prepared to take on her case for no fee.

.....

She is a moron.

Malaria is caused by a parasite, not a virus.

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