Dr. Levin writes NY Medical Board on Dr. Fahey
Date: Fri, 25 Jun 1999 12:30:25 -0700

Alan S. Levin, M.D., J.D.
Diplomate:  American Board of Allergy/Immunology
Diplomate:  American Board of Pathology
Attorney at Law

P.O. Box 4703   (775) 831-5603
Incline Village, NV 89450       Fax: (775) 831-9478
email:  flitequack@aol.com

        June 25, 1999

Office of Professional Medical Conduct
State of New York Medical Board
433 River Street
Suite 303
Troy, NY 12180

Re:     Unprofessional conduct by a New York State Licensee

Dear Board Members,

        Please consider this a formal complaint against Thomas J. Fahey, Jr.,
M.D., Sr. V.P., Memorial Sloan-Kettering Cancer Center for a serious breach
of the physician's code of conduct.  Dr. Fahey is the spokesman for a
committee of 14 scientists/physicians who created a widely publicized report
on the Safety of Silicone Breast Implants from the Institute of Medicine
(IOM).  Along with the 400 page, detailed report the committee released a
condensed press release attached hereto.

        The press release contains several deliberate misrepresentations of
fact which are calculated to induce the reliance of the unwitting public and
to misinform them as to the safety of silicone gel breast implants (SGBI).

        The press release states, "There is no evidence to suggest that the
silicones used in implants are toxic to humans."  This statement is designed
to impart to the unsuspecting reader the concept that silicones used in
implants are not toxic to humans.  This is patently false.  The well
recognized and accepted chronic foreign body reaction seen against silicone
gel is the body's attempt to protect itself against and to purge itself of a
toxic substance.  The well recognized and accepted chronic inflammatory
reaction seen in SGBI patients is a response to the toxicity of silicone gel.

        The press release also states, "The committee also concluded that
there is no evidence that mothers with implants pass silicone on to infants
when breast-feeding". This statement is designed to impart the concept to the
unsuspecting reader that no evidence exists which demonstrate that  mothers
with implants pass silicone on to infants when breast-feeding. This statement
is patently false.  There are at least 5 articles written by currently
licensed physicians who hold tenured faculty positions in some of our
nation's finest medical schools which are reported in peer reviewed medical
journals which present evidence that silicone gel from mother's milk injures
breast feeding infants.

        It is absolutely foreseeable that the deliberate misrepresentations
in  Dr. Fahey's report will cause young people to seek SGBI augmentation.
This constitutes professional irresponsibility. A reasonably prudent
physician/scientist in Dr. Fahey's situation knows or should know that the
general public would rely upon the assertions of the press release and would
not read nor understand the arcane scientific text relating to the safety of
SGBI. A reasonably prudent physician/scientist would not  have made such
scientifically untenable statements.  Dr. Fahey, in making these public
statements, fell below the standard of medical care in the community.

        Under separate cover I am sending you evidence of in depth
communication/influence from Dow Corning and their defense attorneys to
various members of the Institute of Medicine.  In these documents are ad
hominem  attacks against National Cancer Institute Scientists who present
evidence of silicone induced human diseases.  These documents further show
that the IOM's deliberations were not performed in good faith.

         I believe that physicians, like the clergy, are called to the
highest duty of care. Physicians who deliberately misrepresent the safety of
medicines or medical devices violate this duty. Please investigate this
conduct and take appropriate action.


                Alan S. Levin, M.D., J.D.

cc:     Dr. Fahey