Bullying Attorney Thug

They don’t learn. This time the attack is directed at autism blogger Kathleen Seidel. Kathleen had blogged about attorney Clifford Shoemaker (pictured right), who specializes in prosecuting claims filed in the Vaccine Injury Compensation Program (VICP). Apparently Shoemaker frequently uses Mark Geier as an expert witness, which by itself should tell you all you need to know about Shoemaker. But Kathleen’s article dug a little more deeply into how attorneys like Shoemaker get paid for filing claims, regardless of their actual merit or end result. She listed the cases that Shoemaker had filed (and been paid for) in the previous 18 months – two thirds of which were dismissed as not satisfying even the relatively lax standard of proof required in these cases. Within hours of this post, Shoemaker issued an intimidatory subpoena.

But the subpoena had nothing to do with the actual article Kathleen had written. From Overlawyered:

The subpoena contains no indication that Seidel herself is accused of defaming anyone or violating any other legal rights of any party. Instead it seems she is being dragged in as a third-party witness in Shoemaker's suit on behalf of his clients, Rev. Lisa Sykes and Seth Sykes, against vaccine maker Bayer. Although Seidel has been a remarkably diligent blogger on autism-vaccine litigation, I can find no indication that she is in possession of specialized knowledge that Shoemaker would not be able to obtain for his clients through more ordinary means.

Instead, the first phrase that occurred to me on looking through the subpoena was "fishing expedition", and the second was "intimidation".

Indeed. The subpoena demands all documents, financial records and communications related to the creation and operation of her blog. This is to include all her financial records, and copies of all communications with a range of people, including what appears to be her entire autism blog roll. In it she is “COMMANDED to appear” in person at the court in New Hampshire (at her own expense, naturally). Since Kathleen is not a party to, nor has any special inside knowledge of, any of Shoemaker’s cases, it is obvious this is just an intimidatory tactic and an abuse of Shoemaker’s power as an attorney.

Kathleen has responded with a motion to quash. It ends with:

Kathleen Seidel prays her motion to quash this unconstitutional, unreasonable, irrelevant, excessive, invasive, burdensome, frivolous, and clearly retaliatory subpoena be ALLOWED.

Today Orac posted An open letter to David Kirby and Dan Olmsted about the Kathleen Seidel subpoena – an appeal to Kirby and Olmstead to use their influence in the autism movement to protest Shoemaker’s bullying tactics. Because, as one commenter wrote:

If I were on the legal team for Glaxo-SmithKline, Wyeth, Inc. and Bayer Pharmaceuticals Corporation, I would be preparing virtually identical subpoenas for David Kirby, Dan Olmsted, JB Handley, John Best, and all the "journalists" and bloggers associated with the Mercury Militia to be served the precise moment that the Judge rules the subpoena can go forward

Such action would perhaps provide some kind of grim satisfaction – to see these pseudoscientists hoist by their own petard. But it would be a hollow victory. If attorneys can shut down criticism this easily, using nothing but the threat of subpoena, most skeptical blogging will be at risk. One can only hope the judge will allow Kathleen’s motion to quash.

In the meantime, Clifford Shoemaker should enjoy his Streisand moment.

Other Articles

Popehat on attorney Clifford Shoemaker - Vaccine-Litigant Thuggery: Subpoenaed For Blogging

Overlawyered on attorney Clifford Shoemaker - Vaccine lawyer subpoenas Kathleen Seidel

I speak of Dreams on attorney Clifford Shoemaker – the snappily entitled Kathleen Seidel Slapped With Unconstitutional, Illegal, Barred by the Journalist’s Privilege, and Needlessly Invasive Subpoena

The Voyage on attorney Clifford Shoemaker - Neurodiversity Blogger Unfairly Subpoenaed

New York personal injury law blog on attorney Clifford Shoemaker - Abuse of Process: Blogger, Unrelated to Action, Hit With Subpoena

Legal Blog Watch on attorney Clifford Shoemaker - Blogger Subpoenaed for Influence

Comments

[fred]

In one of your earlier posts, you ask why autism cases have not dropped in number after thimerosal was removed from vaccines. The simple answer is that it was never removed, according to the CDC.

This is from a CDC site that lists the ingredients in vaccines. It lists the vaccines that STILL CONTAIN THIMEROSAL. They are still on the 2008 schedule of recommended vaccinations.

Pediatric vaccines recommended by CDC
DTaP, DTaP-Hib 2 months, 4 months, 6 months, 4-6 years
Hepatitis B Birth, 1 month,2 months, 6 months 12 months, 15 months, 18 months
Hib (Haemophilus influenza type b) 2 months, 4 months, 6 months,

Source: http://www.cdc.gov/vaccines/pubs/pinkbook/downloads/appendices/B/excipient-table-1.pdf

2008 recommended schedule (Source: http://www.cdc.gov/vaccines/recs/schedules/downloads/child/2008/08_0-6yrs_schedule_pr.pdf)

How much mercury do vaccines have?
Amount of mercury What it does Source
0.5 parts per billion (ppb) mercury Kills human neuroblastoma cells (Parran et al., Toxicol Sci 2005; 86: 132-140).
2 ppb mercury U.S. EPA limit for drinking water http://www.epa.gov/safewater/contaminants/index.html#inorganic
20 ppb mercury Neurite membrane structure destroyed (Watch a video of what happens inside a child's brain with this concentration of mercury) (Leong et al., Neuroreport 2001; 12: 733-37).
200 ppb mercury level in liquid the EPA classifies as hazardous waste http://www.epa.gov/epaoswer/hazwaste/mercury/regs.htm#hazwaste
25,000 ppb mercury Concentration of mercury in the Hepatitis B vaccine, administered at birth in the U.S., from 1990-2001.
50,000 ppb mercury Concentration of mercury in multi-dose DTaP and Haemophilus B vaccine vials, administered 4 times each in the 1990's to children at 2, 4, 6, 12 and 18 months of age. Current "preservative" level mercury in multi-dose flu (94% of supply), meningococcal and tetanus (7 and older) vaccines. This can be confirmed by simply analyzing the multi- dose vials.

[Skeptico]

Skeptico replies to fred

Re: In one of your earlier posts, you ask why autism cases have not dropped in number after thimerosal was removed from vaccines. The simple answer is that it was never removed, according to the CDC.

That’s funny because even David Kirby doesn’t say that.

[Benjamin]

Fred,

You are misinterpreting the CDC sources you cited. If you look here:

http://www.fda.gov/cber/vaccine/thimerosal.htm#t2

here,

http://www.vaccinesafety.edu/thi-table.htm

and here,

http://www.cdc.gov/vaccinesafety/concerns/thimerosal_timeline.htm

you'll see that the vaccines you mention are, and have been for a few years, free of thimerosal. Pay particular attention to the last link which states:

2003 January. The last children's vaccines that use thimerosal as a preservative expire.

Five years ago is the latest that children would have been given a vaccine containing Thimerosal.

[Niobe]

I love how you linked his name like that. I can't wait to see the outcome in this matter.

[Liz Ditz]

Well, as far as the title goes, I wasn't on top of my game. "Citizen Journalist Attacked by Deep-pocket Attorney" would have been better.

I've added your post to the list.

With hind-sight, parsing the list by interest area as well as date would have been better, too. I may refine it later.

[liz]

Sheesh. Post too soon.

By "the list" I meant of course the the chronological list of internet reactions to Shoemaker's subpoena targeting Kathleen Seidel that I am maintaining.

[Skeptico]

Just kidding Liz.

btw - Google attorney Clifford Shoemaker.

[Dave]

The point I was trying to make in my comment on Respectful Insolence was not to obtain "grim satisfaction" by hurting the anti-vaccination shills but rather to save the health and lives of children put at risk by stopping the anti-vaccination nonsense being put out by those shills. If the non-scientists in the Mercury Militia were to understand that they have been cynically duped by shills, paid to exploit their ignorance and irrational fears, I think they would reject that nonsense. Maybe I am hopelessly naïve. I think the majority of the Mercury Militia are trying to be good parents, they have simply been played as fools by the shills.

The Wakefield debacle with MMR as uncovered by Brian Deer clearly shows the dangers to public health that occur when cynical and fraudulent “research” and “journalism” are bought and paid for by lawyers seeking fees and ultimately to win the legal lottery with no regard for injuries due to vaccine preventable injuries.

http://briandeer.com/wakefield-deer.htm

Vaccine preventable injuries are the foreseeable result of the hysteria being whipped up by these non-scientific journalists and bloggers. I have read the scientific literature very carefully. There is no way an honest and knowledgeable scientist could come to the conclusion that mercury causes autism or that vaccines cause autism.

In my opinion, the only reason these failed ideas are being pursued and promoted is because someone is making money with them and then cynically using that money to continue to promote them regardless of the harm that results. Follow the money and you will find the source of the problem.

In my blog I state my opinion: “To me they are complete slimes. The equivalent of war profiteers. Merchants of death who foster wars so they can sell weapons not caring when women and children die. The equivalent of the merchants who egg on a crowd to burn witches so they can profit by selling torches. Merchants who encourage lynching so they can sell rope. People who profit from the misery that they cause. If I believed in Hell, beyond a doubt these people will end up there.”

[King of Ferrets]

In it she is “COMMANDED to appear” in person at the court in New Hampshire (at her own expense, naturally).

So what would happen if she couldn't afford to appear at a court in New Hampshire? Does she get arrested?

If Skeptico doesn't mind, I'd like to plug myself by noting that I have a blog now. Read it or I shall make your world into blinding pain with a pointy stick, flames, and your eye with my mind!

[Dr. Tyler Durton]

Great book for parents who want to know the truth of vaccines dangers, and to empower themselves to do something about it.

http://www.xlibris.com/goodbyegermtheory.html

[Tom Foss]

No, "Dr." Durton, it looks more like a terrible, cheaply-made book full of unsubstantiated fearmongering, using precisely the same methods that Creationists try to use to impugn science. Oh yes, germ theory is a "dogmatic religion." Pull the other one.

[King of Ferrets]

If you support idiotic antivaccine nonsense "Dr." Tyler, you're either a really stupid doctor or not one at all.

[Public Citizen]

For those who have been following the case of Sykes v. Bayer, we have an update. This is the case in which disagreement over whether mercury in medicines causes autism was turned into a discovery witch hunt. Kathleen Seidel backs her position regarding autism on a Web site devoted to issues involving autism, disability and other topics. Among other things, her Web site criticizes Lisa Sykes, who is suing Bayer and believes mercury does cause autism.

Recall that on April 21, the court quashed an incredibly broad subpoena from attorney Clifford Shoemaker, who represents Sykes. Shoemaker did not just request that Seidel release her correspondence with Bayer; he also demanded all of her documents pertaining to the issues she has written about on her Web site, as well as all of her correspondence with attorneys, physicians, the federal government, non-governmental political organizations, religious groups, and scientific and academic boards. To make matters worse, Shoemaker tried to defend his discovery demands by accusing Seidel and Bayer of conspiring to defame Sykes.

On Tuesday evening, Public Citizen, on behalf of Seidel, filed papers arguing that sanctions against Shoemaker were appropriate because the requests in his subpoena were irrelevant to the lawsuit against Bayer and “abusive and burdensome.” In its brief, Public Citizen cites the Supreme Court case Reno v. ACLU to support its argument that anyone can present “findings and conclusions” freely on the Internet if he or she so chooses, and argues that the use of discovery to harass a critic warrants sanctions. For more information, visit http://www.citizen.org/litigation/forms/cases/CaseDetails.cfm?cID=477.