news.gif (12017 bytes)The End of the Black Box of Medical Fraud &The Beginning of Black Box Labeling Laws by Dr. Scott D Neff DC DABCO CFE FACFE

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LibertyYou will find in this section hot information on the end of Black Box of Medicine Fraud, Waste and Abuse which we feel are of national importance to all folks. The InfoJustice Journal is brought to you as a service of the American Academy For Justice Through Science.  

 "THE BLACK BOX OF MEDICINE"   Some say that the age of chivalry is past, that the spirit of romance is dead.  The age of chivalry is never past, so long as there is a wrong left unredressed on earth."  Charles Kingsley, Vol., II, Ch 28: "A good conscience is a continual Christmas." Ben Franklin

The history of Classics in Medical Devices requires study of the "Black Box". A device you could place a piece of hair, or someone's clothing in, rotate a focal lens over, and rub or later by early electronics connecting the box to a sound device (e.g., sounded like the sci-fi noise in "The Day the Earth Stood Still" and others...), you could determine disease!

ABRAMS-LIKE DEVICES ARE TOFTNESS-LIKE DEVICES AND RUBBING PLATES.

Scientific America in 1923 exposed Dr. Albert Abrams for his radionics quackery devices. Scientific America magazine in conjunction with the American Medical Association spent over $30,000 on a ten month long research project. This 1923 project resulted in the discovery and exposure of Dr. Abrams fraudulent Radionics devices. When Abrams died he left his fortune to The Electronic Medical Foundation. You will learn the viral contamination theory of medical men. From profession to profession, men put the Green Poultice over the health of the people.  

Beginning in 1924, the Electronic Medical Foundation promoted and distributed 15 different fake health machines of the Abrams vintage. The Depoloray, Depolatron, Oscillioclast, and Electropad were just four of the 15. Dr. Abrams original device is known in our era as the infamous Black Box. It essentially had a small well where the medical physician was to place a personal item of the patient such as a picture of the patient, a piece of clothing worn by the patient, hair and even human tissues. Then a small rubbing plate slid over the well. The physician then rubbed the plate to hear the squeak. In his era not only did the number of the squeaks add up to a type of disease it was also the sound of the squeak.  Later Abrams added a dial to increase or decrease frequencies allegedly to simulate the frequency of the patients tissues which produced their own frequency noise!  The actual sound was amazing.  To this editor the noises produced sounded like those that accompanied early sci-fi movies to give one the willies!

     Claims were made for the device ranging from a method of confirming static palpation, to determining if aberrant frequencies were noted. If the frequencies could not be matched then the physician allegedly could change the dial to match the radio frequencies to the correct vibrations. These devices were in vogue from the 1920's through the early 1960's with numerous copy- cat imitators from various professions.

     For example in the chiropractic profession a Dr. I.N. Toftness, was an early follower of Dr. Abrams and brought this Abrams method or scheme to the Chiropractic profession depending on how permissive relative to quackery one is.  He presented the same theory of disease, theory of detection for diseases, better method of palpation and of course detection of vertebral subluxations as well as a theoretical treatment. It is a form of practice he employed for some forty odd years or so.

     In those days anyone with a nebulous idea could pass on some form of hucksterism. Realize that if one cannot relate to some cure claim or diagnostic device by one who is looked up to like their doctor they tend to believe it.

     In 1936 I.N. Toftness D.C. began developing his own personal version of Abrams Quack Machines for the Chiropractic profession. He started with a Toftness- like Rubbing plate also known as an Abrams-like article of device. It was very crude in comparison to Abrams more advanced medicine show. He called it the Toftness Radiation Detector. It was similar to a drumhead or plate, which was rubbed producing Abrams infamous squeaking sound. In those days anyone with a way out idea could pass on some form of treatment no matter how bizzare to common sense.  In fact as you will see, even today in 2003, deluded practitioners are developing Abrams-like rubbing plates gizmos and devices.

     Over the years this plate changed costumes by updating materials and fashions to always look impressive. However because of the lack of acceptance by the rubbing plate within organized chiropractic, I.N. attempted to develop other materials which would amplify the sound he produced by the rubbing of his fingers on the surface plate of his articles of device. He evens later developed electrical rubbing plates, which demonstrated friction on anyone's fingers that would rub them to demonstrate what he alleged he could feel.

     He originally used the rubbing plates as a biofeedback concept that would enhance his palpation skills by rubbing the plate with one hand while palpating a patient's spine with the other. Even at the end of his seminar series in the 1980's he stated he could put his T.R.D. over the floor and rub it with his left hand while he rubbed the spine with his right hand claiming the energy transferred through his body from his right palpating hand to his left rubbing hand and elicited a squeak from the Toftness detector surface.        

     Of course insurance carriers both Workers Compensation, Group Health, Managed Care, Medicaid and Medicare paid for these types of claims as Manual Medicine even though it never occurred. As he rubbed the plate he would count the number of friction squeaks. The higher the number the worse your illness. This magic trick of course is now revealed to the third party payer and billions were lost over the years to these types of devices.

     However after being a disciple of Abrams, Toftness also believed that he could feel a heat arising from the spine while rubbing over the spinous process, and gluteal area and about the skull without any article of device. He believed he had developed this sixth sense of feeling by his practice with his left hand over the rubbing plate while palpating with his right hand. He also believed he could at times feel this heat right through patients clothing by simply holding his hand over a patient. However because his colleagues could not reproduce the "feeling" of heat he believed he detected with his new sixth sense, he proceeded to develop a radionics like device of course with a rubbing plate which would amplify the heat he believed he was feeling. Thus he believed the rubbing plate could be used to feel a heat arising from the body when subluxation or disease was present and proceeded on with the concept that he had to developed a medical device which would allow others to feel what he could. Remember he believed he had developed a six sense which others did not have. But with training and utilization of a rubbing plate to practice on and then after practice one would advance to a Toftness-like medical device, which would enable others to "feel" the heat.

     In 1958 the FDA attained a permanent injunction against the interstate shipment of Abrams radionic devices. These devices all had rubbing plates. In 1961 the FDA filed criminal contempt charges against the Electronic Medical Foundation. Upon completion of the elimination of these types of frauds from the much larger Medical Profession, the focus then was shifted to the much smaller copy cat (e.g., md invented and promoted the concept) Chiropractic Profession.

     In the early 1960's five condemnation decrees were made. The device at that time was called a TRMD or Toftness Research Model Device. Five charges were filed on 08-16-62, 08-27-62, 09-21-62, 10-08-63 and 07-13-67. Subsequently these devices at Milwaukee, Boyceville, Eau Claire, Ladysmith, Marshfield, and Wisconsin Rapids, Wisconsin, were shipped to those cities from the Toftness Chiropractic Clinic, Cumberland, Wisconsin, subsequent to their shipment to the clinic by the Electronic Instrument Co., Tiffin, Ohio; the devices at Cumberland, Wisconsin, were shipped to the clinic by L.A. Nyberg, D.C., Wilomar, Minnesota, and Jennings I Wilson, Minneapolis, Minnesota;  the devices at Cambedge, Minnesota, and at Davenport, Des Moines, Indianola, and Keosauqua were shipped from the Toftness Chiropractic Clinic, Cumberland Wisconsin, and the device at Columbia Heights, Minnesota, was shipped by an unknown shipper following its manufacture by the Toftness Chiropractic Clinic, Cumberland, Wisconsin; and the labeling of the devices lacked adequate directions for use for the purpose for which they were intended, mainly, for the diagnosis of disease in man, since they were worthless for such purpose; 502(f)(1).

     Subsequently the Toftness Post-Graduate School of Chiropractors and the Foundation for the advancement of Chiropractic Research, both of Cumberland, Wis, filed a joint claim and answer. Interrogatories were served by the Government and the claimants subsequently answered, depositions were taken, and in the course of the proceedings the actions against the devices in the W. Dist. Wis, Dist. of Minnesota. and S. Dist. of Iowa were transferred and consolidated for trial with the action in the E. Dist. of Wisconsin. On 06-28-71, the claimants having consented to the entry of a decree without admitting or denying the allegations of the libels, the court entered a decree of condemnation and authorized the release of the devices to the claimants for salvage of the parts from the devices under the supervision of the Food and Drug Administration.

     Thus 5 seizure actions at Milwaukee. E. Dist. Wisconsin; Boycelville, Cumberland, Eau Claire, Ladysmith, Marsh field, Wisconsin Rapids, W. Dist. Wisconsin; Cambridge and Columbia Heights; Dist. Minnesota; and Davenport, Des Moines, Indianola and Kecfsauqua, S. Dist. Iowa occurred.

     Again in 1972, the Toftness Radiation Detector device surfaced after our government had attempted to speak to its citizens in a gentle manner. At Reno, Dist. Nev charges were filed 10-03-1972 when the device was shipped by Dr. Harold Holmby, Reno, Nev., from Cumberland, Wis, the labeling of the article lacked adequate directions for use for its intended purposes, since adequate directions cannot be written for use by laymen for such purposes, and the article was not exempted as a prescription device, since adequate information for use by licensed practitioners could not be furnished; 502(f)(1). A default decree authorized delivery to FDA for exhibit and testing purposes. (F.D.C. No. 58296; S. No. 74-819 F; NJ No.62).

     In the U.S. District Court for the District of Oregon due to the high level of consumer complaints, an action was filed as the UNITED STATES OF AMERICA, plaintiffs, V. An article of device consisting of one device, more or less, labeled in part; (end of cylinder) "Toftness Post-Graduate School of Chiropractic, Inc., 1425 Second Avenue, Cumberland, Wisconsin 54829. 

     This was in 1975 by United States Marshal Everett R. Langford, and United States Attorney for the District of Oregon: Sidney I. Lezak and Craig J. Casey, Assistant United States Attorney.

     As simple as can be put, this case was filed only because to quote "CAUTION; FEDERAL LAW RESTRICTS THIS DEVICE TO SALE BY OR ON THE ORDER OF A CHLROPRACTOR." and also including as accompanying labeling the following items or written, printed, and graphic matter relating to the article: (one 2-page manual) "Toftness Radiation Detector Instructions for use...(one 5-page patent) "United States Patent 3,626,930..." Defendant, Civil No. 75-309.

     PUBLIC NOTICE IS HEREBY GIVEN ...the above described article was taken into the possession of the United States Marshal for the District of Oregon, pursuant to a warrant issued by the Clerk of the United states District Court for the District of Oregon in the entitled suit for condemnation and forfeiture, brought under the provisions of 21.U.S.C 301 et seq., wherein it is sought to have the above entitled article condemned and forfeitured for the following reasons: That the aforesaid article was misbranded when introduced into, while in, and while held for sale after shipment in interstate commerce, within the meaning as said Act, 21 U.S.C. 352 (f) (l) in that its labeling fails to bear adequate directions for use for the purposes for which it is intended, since adequate directions cannot be written for use by laymen of the article for such purposes; and the article is not exempt from the requirements of 21 U.S.C. 352 (f) (1) under regulations 21 CFG 1.106 (d) since adequate information for use of the article cannot be furnished under which practitioners can use the article safely and for the aforesaid purposes. All persons claiming any fight, title, or interest in and to the above... 1975, to show cause, if any there be, why the same should not be decreed against and forfeited to the United States... The charges were ethically made because of "Inadequate directions for use" the product was seized in Salem, Oregon. on 04-28-1975 and also Cornelius, Oregon., 04-25-1975. Both devices were shipped from Toftness Post-Graduate School of Chiropractic, Inc. Cumberland, Wisconsin. (M,S)...end of "PART 1 . Dr. Scott Neff, DC DABCO MPS-BT CFE DABFE FFABS FFAAJTS

  

"The die was now cast; I had passed the Rubicon. Swim or sink, live or die, survive or perish with My country was my unalterable determination. "John Adams"

THE END OF THE BLACK BOX MEDICAL FRAUD PART II by Dr. Scott D. Neff, DC DABCO CFE DABFE FFABS FFAAJTS

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& TM 1998 American Academy for Justice Through Science. All rights reserved.

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