New legal challenge against dental amalgam

New legal challenge against amalgam

Robin P Clarke, August 2011

[update and later case documents will be published here when I have time]

After having my life stalled for decades since adolescence by mental and physical disabilities, in May 2011, I filed a clinical negligence claim at the High Court in London. The Department of ‘Health’ has applied to strike out my claim on the grounds that the use of amalgam is supported by loads of really posh experts. By way of proof, it makes a long quotation from the World Health Organisation’s 2009 report, but forgets to mention that that report was retracted five months earlier due to being a fraudulent concoction. It makes a long quotation from FDA 2009 but forgets to mention the ongoing legal challenges or the unanswered corruption questions surrounding it. It makes a further quotation from the SCENIHR 2008 report, and yet fails to mention any of the damning criticisms thereof. And to complete the four-card trick it cites the ‘WHO’/FDI 1997 statement, which is in reality likewise not an authentic WHO statement but merely another of these trade propaganda sheets.

The court’s hearing of this, ahem, proof, along with an equally unchallengeable broadside barrage of other fault-finding of my claim, is set for the 6th October 2011, 2pm, room E112 at the Royal Courts in London. It may be a good idea if you could come along to that hearing to see how justice will get served in this case.

Many people have given personal accounts of how amalgam dentistry devastated their lives to greater or lesser degree. But I’ve not seen any that remotely compare with my own case.

In summary:

Up to and including age 16, I had no significant health problems and was easily ranking at or near the top in the grammar school exams. At age 14: first in Maths, first in Physics, first in Chemistry, first in Geography, third in French, fifth in Latin (in a class of 32). “He achieves this standard with little effort.” (first in physics); ”Not enough effort” (Latin). But then I experienced a mystifying rapid downhill, beginning with inability to wake up in the morning and then difficulty remembering things. My capability in attendance and exams became so impaired that I only managed to coax my way into a university course five years late, and then my studying promptly collapsed before the end of the first term and I failed all the exams. Over the years, I tried again and again to make progress in formal education or somehow otherwise earn money, but my attempts always ended in failure and exhaustion.

As a result I have had no career or any of the things that depend thereon, such as family life, children, or a non-pathological social life. “And what do you do Robin?”…. [“Errm…”] …... [“I’m mentally disabled.” “Gosh, how wonderful, I’ve always wanted to meet a mentally disabled person, or even marry one!”]

A major factor in my survival for so long has been that at age 24 I chanced to encounter some outstanding books about nutrition by Adelle Davis. I then spent much time struggling to read and remember the information they contained, and thereby I was able to resolve or radically diminish many of the problems, despite still having no notion they could have been caused by any sort of poisoning.

But I was still too ill to make progress in the normal ways. Meanwhile, my scientific curiousity was caught by a then-obscure condition called autism. (It should be emphasised that I am not at all autistic myself.) I had a vague impression that I had more in common with the great geniuses of the past than with the people around me in everyday life, such as being more objectively attuned to reality and less prejudiced by social factors; and that autistics might also have some such commonality. On reading of a link of autism with high parental IQ, I started to study the subject more. Despite my contempt for theories and theoreticians, I accidentally ended up suddenly discovering late one night the gene-expression theory of autism (and IQ and genius).

“Robin P Clarke is one of those rare souls”;”excellent”; “fine work”
‑‑ Bernard Rimland, most famous autism researcher, founder of Autism Research Institute etc.

“Well worth publishing”
– HJ Eysenck, most cited-ever scientist, and IQ/genius expert.

It took more than a decade to get the autism theory through the extremely hostile anti‑publication system, and meanwhile I went on to discover several more theories, equally unfaulted in evidence and reasoning. Those of dementia and manic-depressive eventually got published, while for the other ones (of equally unequalled quality) I was never able to find the time or energy to complete the required “writing up”, including schizophrenia, neuroses, extraversion, and dream-sleep.

I hoped that this portfolio of great discoveries could lead to some sort of career prospects despite my inability to follow courses or pass exams. But it turns out that the academic world, with the rare exception of a handful of ultra-elite scientists such as Rimland and Eysenck, rejects as utterly worthless any person who cannot satisfy its narrow criteria of supposed intellectual excellence defined solely in terms of hyperactive reading, writing, memorising, and recalling, and doing so with ease and speed and on demand. Those mental qualities that really matter in theorising, such as conceptual innovation, sound reasoning, judiciousness, and objectivity, are minimally impaired by mercury, and yet they might as well not exist when those that mercury does impact are exactly the ones that are obligatory for any acknowledgement as a worthwhile thinking being anyway.

You can read the biographies of famous autistic people who have attained doctorates or professorships. You won’t read any such biography of non‑autistic myself because I am just dismissed as a failed non-entity would-be-intellectual who has achieved nothing of any value. Other disabled people get special anti-discrimination treatment in educational and employment systems, whereas the mercury poisoned person instead gets rejected and despised as worthless, even with three unfaulted theories published and no professor anywhere in the world coming even close to the same level of understanding (in even one of those fields).

More details about the various health problems I had, and the various measures I devised to overcome them, are explained in the Particulars of Claim, along with more other biographical details. I’ll just add here a little about the problem of lack of memory. People tend to assume that (~if I were not such a foolish twit~) I could compensate for this by using diaries or making notes. But to do that one has to (a) remember where the diary is, (b) remember to make the note, (c) remember to check the diary again, and (d) remember where the diary is again; and even then not soon re-forget what one has just reminded oneself about. On many occasions I have spent precious hours carefully making notes on some matter, only to forget where the notes were and have to start all over again.

To cope with the severe lack of memory and to try to think about and understand the mystery of what had happened to me, I started writing my thoughts down in a series of secret thinking-books, between ages about 18 to 28. Thus began my climb up to the shallower part of this gutter that is my life!

Through all those decades I have lived most of the time in a permanent crisis mode, from day to day and hour to hour, due to too much uncertainty of when I was going to be too tired, too confused, too busy, too distracted, or too ill in some other way. All those years I just wondered if I might somehow chance upon the solution to the great mystery that had de-railed my life.

Through all those decades I knew nothing of the idea that dental amalgams could cause any mental effects. The only thing I knew about dental amalgams was that they were always stated to be definitely entirely harmless. So it would not even cross my mind that they could have been the cause of my becoming a mental and physical wreck. The most I could think was that I must have had some sort of chronic stress reaction. My life was certainly chronically stressful, what with the illnesses and successions of harassing landlords and no sensible way to relate to people.

I had to wait/survive through several decades for the internet and billions of webpages to be developed before I could get any hint of the truth. I don’t remember it but somewhere I read a notion that amalgams could cause mental disabilities. But for a long time I could only find vague asssertions without any evidence with which to challenge the declarations that these claims were just silly scaremongering. I had to wait several more years for actual evidence to gradually become apparent via the various web-sources that slowly increased in numbers.

In the course of trying to find out about dental amalgam, I was surprised to learn that mercury binds to DNA and thereby dose-dependently inhibits gene-expression, which is exactly what my theory had predicted, many years before, would cause autism. I further learnt that the 40-times more toxic non-gamma-2 amalgams were introduced as standard in the 1970s. This led to my writing an update review of the autism theory, which makes clear as day that the increase has been caused (at least mainly) by dental amalgams.

From 2004 onwards I tried to get the NHS to remove the amalgams but they refused to. I obtained my records in hope that I could sort out the removals myself. Till then I had had no idea I had had so many amalgams all those years ago – 19 already several years earlier than age 24 (no earlier records available and I have no memory myself of the time).

In 2006 Dr Graeme Munro-Hall kindly offered to remove my amalgams for free but he insisted that several of my most important teeth would have to be pulled out, despite their being unproblematic as far as I could see. I didn’t manage to get any persuasive basis from him for that so I declined his offer at that time.

In 2009 I visited Hesham El-Essawy of Harley Street, who measured my mercury vapour and found the world record highest ever reading (unprovoked, open mouth), of 460 mcg/m3 overall and 680 mcg/m3 by the quadrant where gold and amalgam are in contact.

Seven years on, the NHS are still refusing to remove the amalgams, instead deploying a parade of mindbogglingly ridiculous pseudoscience lies and other evasions, detailed more fully in the Particulars of Claim para 27 and the Addendum re Experts para 6.

I found it impossible to get any solicitors to take an interest in my case; I could not even get to speak with any of them with one exception. They came up with various false excuses including that all the world's dentists would join the defence, and that they would be risking huge costs. But I myself have nothing to lose anyway, I am the lowest of the low already - I haven’t even got a TV! So I gradually worked up the claim myself, and filed it in May of this year, 2011.

The Dept of Health have replied with an outrageously improper false application to strike out my case, to be heard on 6th October. Their application consists of an abusive collection of entirely absurd rubbish falsehoods but one cannot count on the court to recognise that unless the counter-case is adequately presented. I will probaby have a pro bono barrister to represent at the hearing.

More details about my disabilities and the case are in the court documents listed below here.

Robin P Clarke,
September 2011
www.autismcauses.info (Note: I am not autistic.)
www.amalgamlegal.blogspot.com
rpclarke [at] autismcauses [dot] info (Note: I am not autistic.)

Summary of Particulars; Particulars of Claim
Addendum to Particulars of Claim in Respect of Expert Evidence of Causation
Addendum to Particulars of Claim in Respect of Date of Birth
Defendants’ Application (for summary or strike out)
Application to Dismiss Application
Application to Dismiss Application (Exhibits thereof)
Reply to response to complaint to Heart of Birmingham tPCT (also ongoing)

Links to FOI requests (with documentation) revealing NHS/DH cover-up of dental amalgam catastrophe

Chief Dental Officer Barry Cockroft denying even the most basic facts about amalgam poisoning:
http://www.whatdotheyknow.com/request/seriously_misleading_falsehoods

"Distinguished expert" Allister Vale unable to defend his prescribing of two tests well-known to be useless quackery:
http://www.whatdotheyknow.com/request/why_swbhnhst_uses_well_known_use

Whopping falsehood from BSMHFT akin to "birds are highly unlikely to have wings":
www.whatdotheyknow.com/request/why_chronic_mercury_poisoning_is

Whopping falsehood that dentists have competence in mercury diagnosis whereas GPs don't:
http://www.whatdotheyknow.com/request/dentist_training_in_diagnosis_of
Link to scan of the Chief Exec Denise McLellan's letter affirming that ridiculous falsehood and also deceitfully slimily labelling Dr Gini's TELLING me to go to a dentist as "refer" to a dentist, when the one thing I could never get any of these GPs to do was actually provide exactly that, a referral to a dentist. See also FoI to Univ of Bham confirming that their dental students do indeed have no training in mercury diagnosis.

Department of "Health" defend their lies about amalgam by quoting from supposedly World Health Organisation 2009 report, while failing to mention it was disowned by WHO eight months earlier for being fraudulent deceit.
http://amalgamlegal.blogspot.com/

NHS avoidance of use of the cheap easy and instant mercury vapour measurements to determine the intake of toxin.
http://www.whatdotheyknow.com/request/your_avoidance_of_use_of_mercury/new

And there's a lot more I've found out.

(This page can be reached by typing www.bit.ly/foihg, that is as in FoI and Hg (chemical symbol of mercury).)

Summary of Particulars


­            CLINICAL NEGLIGENCE (in part)
IN THE HIGH COURT OF JUSTICE                                          CLAIM NO.  HQ11X01668
QUEENS BENCH DIVISION                                               
between:-

ROBIN PHILIP CLARKE

Claimant

and

THE DEPARTMENT OF HEALTH
/ THE CHIEF DENTAL OFFICER

Defendant



SUMMARY OF PARTICULARS OF CLAIM





(a)    This case involves two causes of action:
(i) negligent breach of duty of care; (ii) release of a dangerous thing, namely poisonous mercury vapour causing foreseeable injuries.
(b)   Certain Officers of the DH have responsibility for formulating advice or regulations relating to the safety or harmfulness of use of dental amalgam (which releases toxic mercury vapour).
(c)    In so doing they have a duty of care to all those patients whose treatment depends on that advice or regulations. (Paras 9-16)
(d)   The Officers of the DH have consistently advised that there is no systemic toxicity from use of amalgam.
(e)    In formulating their advice they have had a duty of care to have due regard to evidence of harm, rather than selectively acknowledging only facts suggesting safety.
(f)     The Defendants breached this duty by systematically failing to take account of or even mention the facts and reasoning indicating harmfulness. (Paras 19-27)
(g)    The Claimant experienced good health up to and including age 16, as was reflected in his easy excellence in grammar school exams.  But thereafter, he developed multiple severe mental and physical disabilities such that he was unable to complete his education or career, and has had to depend on disability benefits in the decades ever since.
(h)    The nature and severity of his injuries are clearly demonstrable via documented facts of his exceptionally peculiar biography.  These include the secret “thinking-books” he created during several years circa 1973-1982.
(Paras 44-107)
(i)      Various facts rule out alternative causations for his disabilities.
(j)     Various facts decisively point to the dental amalgams as the cause.
(k)   Asserted expertise on causation is the tort itself in this case, rather than serving as evidential input.  There is no real expert skill and none is required anyway.


STATEMENT OF TRUTH

I believe that the facts stated in this Summary of Particulars of Claim are true.

  
---------------------------------------------------------------
Signed
Robin Philip Clarke
Claimant
Dated