See my personnel statement at the end of this petition.
I am requesting that Governor Gray Davis immediately reinstate Dr. Vicki Hufnagel’s California medical license. I am also requesting that the Attorney General of California, Bill Lockyer, reinstate the medical license of Dr. Vicki Hufnagel, and provide a means of restitution for the attacks on her and her family by the California Medical Board. These attacks appear to have been retaliatory in nature, retaliation for her writing laws and exposing common medical and surgical abuses in California and throughout the nation. Dr. Hufnagel is a ‘whistleblower “ who has been repeatedly victimized by the ACOG (American College of Gynecology),CMA (California Medical Association), and CMB (California Medical Board, formerly Board of Medical Quality Assurance) for exposing medical and surgical abuses to protect and improve public welfare.
The reinstatement of Dr. Hufnagel would serve to clean up the many injustices of the previous Administration. I want the public of California to know as well that Dr. Hufnagel had been targeted and not provided fairness, justice, or due process. She has been repeatedly unlawfully attacked illegitimate reasons with the sole design to cause her harm, to stop her work and silence her voice.
The recent ‘raid ‘ on her home, November 20. 2001, by the CMB is just one more example of the many abuses she has endured.
I join the many thousands of men and women, and children (miracle babies who would never have come into the world if not for Dr. Hufnagel’s procedures she terms Female Reconstructive Surgery) who support Dr. Hufnagel and her work. She has been the singular voice pointing out abuses such as:
+ Unnecessary hysterectomies
+ Failure to diagnosis and treat hormonal imbalances
+ Abuses of uterine artery embolization
+ Abuses of endometerial ablation
+ Tubal ligation castration complications
+ Complications of breast implants
+ Complications of Premarin and Provera
+ Complications of hysterectomies
These are a few of the issues she has documented and attempted to make public.
Dr. Hufnagel created the new field of FRS- Female Reconstructive Surgery, which is focused on repairing and conserving the function of the female body. The administration of the California Medical Association under Laurens White and the ACOG under John Whitlow and subsequent administrations have attacked Dr. Hufnagel in order to prevent the public from learning that the gynecological community is aware of these abuses
These organizations chose to make no effort to address the abuses and bring about an end to these coarse and harmful procedures and protocols, which are wildly profitable, but of questionable benefit to the patient, especially when weighed against the harm and the side effects. The organizations instead have attacked Dr. Hufnagel so that the public will not take legal action to end these abuses.
Dr. Hufnagel devoted her career to protect women. She helped to write the Hysterectomy Informed consent laws for California, New York, Oregon, Washington, and Texas. The ACOG officially stated it was attacking Dr. Hufnagel because her exposure of hysterectomy abuse would ‘erode public confidence in physicians and create a national malpractice crisis”. The ACOG then hired a PR firm in their misinformation campaign to coverup the murder of hundreds of thousands of babies in Africa. Dr. Hufnagel’s civil rights are routinely obstructed.
I further ask that you investigate why the California Medical Board has not enforced CA SB 835. Why has the CMB not informed the public on the existence of CA SB 835 the informed consent law for hysterectomy? According to this law the CMB is to investigate and prosecute physicians who do not give proper consent on hysterectomy. This law can not be enforced if the public is kept from knowing about this law. I am aware that Dr. Hufnagel submitted many cases in which the physician failed to give full disclosure.
The CMB selected to never investigated any of these cases.
A review by the Attorney General’s office will find that they previous administration supported Star Chamber hearings against Dr. Hufnagel.
Here are a few of the injustices and lack of due process that took place:
The Attorney General Anthony Merino filed charges against Dr. Hufnagel for the improper care of certain women, despite the facts that there was no harm done to any of the women. Two of the cited cases involved Isabelle Monk and Jolina Collins. Both these women wanted to testify on behalf of Dr. Hufnagel and Judge Neher, the administrative law judge conducting the trial on the Merino charges, refused to allow them to testify. Neither woman agreed to release their medical records to the Attorney General’s office.
The insurance carrier and actually several insurance carriers “red flagged” Dr. Hufnagel’s
Invoices for FRS. All of these carriers had Dr. Laurens White (President of ACOG) on their review committee. He instructed that all her cases be pulled and given to Mr. Merino. These two women did not allow their records to be made public. Mr. Merino did make their medical records public against their demands. Merino then called and hounded them to testify against Dr.Hufnagel. These women refused. They were cured by Dr. Hufnagel and supported her. They then petitioned to be heard and Mr. Merino and Judge Neher refused to allow them to testify, as part of their testimony would have included the harassment by Marion.
Many people are unaware that the over 90% of the red tagged FRS operations were never paid by the insurance carriers, after reviewed by Dr. Laurens White of ACOG. Dr. Hufnagel was economically crippled by the carriers refusing to pay for her surgery stating that it was sent to Mr. Merino and they therefore did not have to process them. Patients that tried to get payment for Dr. Hufnagel like Cynthia OH, found themselves then hounded by Mr. Merino to bring charges against Dr. Hufnagel. He said he would work with her to create a charge and she could make money suing Dr. Hufnagel in civil court. Mr. Merino informed her that many women had already done that he had helped them. The cases before the BMQA (later renamed CMB) were regarding patients:
Haggerty, Carter, Smith, Gilbert, Ladew, and Cohen.
The Attorney General Anthony Merino intentionally misrepresented the Collins and Monk matters to Judge Neher.
Dr. Hufnagel had to endure over two years of hearings and public attacks
by Merino, beginning in 1986 She was not allowed to have Trica Aude, Louise and Carol Beck to testify as to the attack and threats they witnessed during a break at the California Senate hearings by staff representing CMA, ACOG, and BMQA. These women witnessed Dr. Laurens White (ACOG) assault Dr. Hufnagel and he and Dr. Whitlow (BMQA) threaten her in front of the others, that they would make sure she lost her license and never practiced anywhere. Judge Neher refused these witnesses.
After two years of hearing Judge Neher did not revoke Dr. Hufnagel’s license. He found no harm occurred with respect to the charges brought up by the BMQA through Mr. Marino. However, he independently determined that there may be other areas of concern, even though not related in any way to any charges.. Judge Neher found her guilty of things she was never charged with, without pointing to any evidence. He put her on a probation Yet, there was no harm. He found no harm in all the many cases before him. Judge Neher gave Dr. Hufnagel probation.
The BMQA refused to accept Judge Neher’s decision. The BMQA issued a revocation of Dr. Hufnagel’s license. No member of the BMQA sat in at the Administrative Law Judge trial. The record shows that the BMQA did not meet before revoking Dr. Hufnagel’s license. The record shows also the BMQA never had any documents to review. Dr. Hufnagel was revoked by the BMQA before the hearing transcripts where completed. The BMQA also failed to recognize the many thousands of petitions sent at this time to support Dr. Hufnagel. So with no discussion, no review, no acknowledgment whatsoever of the decision rendered by Judge Neher, the BMQA revoked Dr. Hufnagel’s license. This revocation was done illegally.
In the meantime, encouraged by Mr. Marino and the action being taken by the State of California against Dr. Hufnagel, many patients sought to capitalize by filing civil suit against Dr. Hufnagel. One such patient was Rama Haggerty, a patient whom Mr. Marino included in his charges. The civil court found for Dr. Hufnagel and the BMQA was provided the Superior Court Case. Haggerty vs. Hufnagel was a 12/0 verdict in Dr. Hufnagel’s favor. The evidence of perjury by Dr. Mason, Dr. Parks, Jan Ladew and Rama Haggerty was provided to BMQA. No action was taken despite intentional perjury that took place to harm Dr. Hufnagel.
The BMQA had all the evidence to support Dr. Hufnagel’s innocence, which they refused to review or discuss. The transcripts were not completed till after the BMQA officially revoked her. In research it was found the committee never met and never reviewed the hearing transcripts. The BMQA revocation did not follow the legislatively mandated procedures. This makes the revocation illegal.
Dr. Hufnagel appealed to the Superior Court the revocation by the BMQA. This appeal was heard by Judge Yaffee. His conclusion in 1991 was to stay the revocation, pending additional evidence be provided by the BMQA. He stated that the Haggerty case was the only case which might be an issue. During the many years that passed 1986-96 no new charges where ever filed. The BMQA had no charges new charges in ten years! If Dr. Hufnagel were doing harm then any reasonable person would assume there would be more charges.
This ruling was appealed, and the appellate court remanded the matter back to Judge Yaffee. Judge Yaffe refused to take judicial notice that the Haggerty matter had been concocted and was not based on any facts. This is the infamous case in which Dr. Hufnagel was charged with” refusing to perform a hysterectomy”. The Superior Court (Judge Harris Santa Monica) showed there was no issue concerning Dr. Hufnagel and that Rama Haggerty had lied before Judge Neher and she conspired with Merino to bring false charges against Hufnagel. The jury found 12/0 in favor of Hufnagel. Rama Haggerty’s husband, Mr. Haggerty, testified that Hufnagel never refused a hysterectomy to Rama. Never. He had been in attendance during every interaction between Hufnagel and Rama. He testified that Rama lied and had worked with Attorney Bersin and Dr. Lazarus to attack Hufnagel to harm her with intent.
The other cases: Smith, Cohen, Gilbert, Carter where reviewed by the
Head Judge at Santa Monica. He went on the record to make it clear Hufnagel had not done any of the things she was charged with. All of these women had intentionally misrepresented their cases in the BMQA action , working with Merino and Bersin.
Both the BMQA and Judge Yaffee refused to take judicial notice of this as well. Here is perjury before the BMQA and everyone refuses to acknowledge it.
Now the only case Judge Yaffee had found in 1991 had issue was proven to be a lie. During the intervening years, Dr. Hufnagel continued to practice since the revocation had been stayed. In 1996, Judge Yaffe had been instructed by the Appeals Court to review all the records and testimony, including the Haggerty case.. Over 27 volumes of evidence was delivered to Judge Yaffee. Hufnagel went and examined the journals and files and they had not been reviewed. Yaffee had only reviewed the testimony of Mason and Parks against her, not the testimony showing the perjury of Mason and Parks. Yaffee failed to review the cross exams that showed their conspiracy and perjury. Yaffee, in 1996, on the same original, over 10 years-old cases that had been proven in court to have no merit, and with no additional evidence submitted by BMQA as he had ordered must be submitted to remove the stay, revoked Dr. Hufnagel’s license.
Hufnagel could not appeal this decision, because the BMQA had successfully lobbied to change the laws, denying a revoked licensee the right to appeal the revocation.
Hufnagel had seen the tape seals on her boxes had never been removed and knew Yaffee had not even opened the many boxes. She brought this out in the hearing she was revoked on . This is the only revocation in which a Judge crossed out on his own documents. Yaffe crossed out “reviewed all records” to “reviewed only the 2 sections” which were the first and not the even their entire testimony. The lack of justice continued. Judge Gaffe only reviewed testimony by Dr. Mason and Dr. Parks who committed perjury.
Dr. Mason testified that, "females had no physical sexual response". He then lied about the patients he had treated who were part of the case. Mason had treated two of the women.
Dr. Parks withheld documents in his own medical charts showing Jan Ladew had the mass Dr. Hufnagel diagnosed.
Yaffee then revoked Hufnagel on cases which he had found in 1991were not at issue. Including Collins who never allowed her records to be reviewed. Hufnagel in the end of this kangaroo proceedings lost her medical license for: repairing a perforated uterus that Dr. Bernstein had perforated and failed to treat. Dr. Hufnagel was revoked for putting Jolina Collins at risk. But there was no risk ever defined. Jolina Collins was helped and repaired by Hufnagel. She had only praises to say on behalf of Dr. Hufnagel
Marsha Carter went on to have a health baby because of Dr. Hufnagel.
C. Sherwood had a hysterectomy. That did not make the removing of a
Adenomyoma or testing for hormones a criminal act. The court said to order blood hormones and do a CAT scan for a woman with a mass was criminal. Yet, everyday this is the standard of care.
During 1986-1991 BMQA terrorized Hufnagel and her patients. Susan Taylor, a staff member who responded to inquiries told callers that Dr. Hufnagel “murdered women” and had already lost her medical license when in fact, she had not. This was done to the media and press all the time to discredit Hufnagel and to prevent Hufnagel from speaking out.
James Conran, who at the time headed the California Department of Consumer Affairs, asked Hufnagel to testify before the Grace Commission and promised for her he would hold an investigation into returning her medical licenses, and to expose the fact that Dr. Maclyn Wade had been behind the conspiracy against her. Dr. Wade who Hufnagel had reported to the BMQA for having sex with patients and rape, had been placed on the ETHICS COMMITTEE of the BMQA.
Hufnagel testified and the result was Mr. Wagstaff and five of his staff were fired. Conran left office and the investigation to assist Hufnagel never took place.
I am confident that a fair just review of her case will result in reinstatement. The expert care and medical advances made by Dr. Hufnagel removed from the public since 1996. The attack on her also silenced her voice so that the abuses she informed the public on have continued to mutilate thousands of women. We need Dr. Hufnagel’s voice and surgical expertise for the welfare of the women of California and the nation.
Dr. Hufnagel has been singled out for continued attack. Last week the CMB raided her home yelling that she was performing surgery in her home, which is ludicrous, and should have been immediately obvious to even the simplest minded observer. They busted down doors and terrorized her, her child and staff. They took her personal items from her home. This must end and we must have her skills given back to us.