Diplomate: American Board of Allergy/Immunology

Diplomate: American Board of Pathology

Attorney at Law

P.O. Box 4703

Incline Village. NV 89450

(775) 831-5603

Fax: (775) 831-9478

June 25, 1999

Office of Professionnal 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 formal complaint against Thomas J. Fahay, 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 Medecine (IOM). Along with the 400 pages, 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 of 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 nations'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 foresseable that the delibarate misrepresentation in Dr. Fahey's report will cause young people to seek SGBI augmentation. This constitutes professionnal irresponsibility. A reasonably prudent physician/scientist in Dr. Fahey's situation knows or should know that the general public would rely upon the assertions f the press release and would not read nor undersand 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 altorneys to various members of the institute of Medecine. In these documents ar and 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.

Sincerely,

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

c.c. Dr Fahey

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1 Shanklin, D.R. Affidavit enclosed