|
October 30, 2008
The Honorable Robert Gates
Secretary of Defense
The
Pentagon
Washington, DC 20301
Dear Secretary Gates,
A year-and-a-half
ago numerous members of congress asked Secretary Geren to reinstate the medical privileges of Dr. George Lakner, a Yale, Columbia,
Harvard and NIH trained psychiatrist and National Guard medical officer who lost his credentials because of actions taken
by Army Medical Command, so that he could continue to serve and halt the harm to his potential civilian career. We understand
that Senator Lieberman had urged the Army to reinstate Dr. Lakner’s practicing privileges and to refrain from any future
adverse actions unless there was sufficient justification determined by an acceptably monitored due process.
Reports
indicate that in 1998, Dr. Lakner, a U.S. Army/National Guard Reservist, was assigned in a TDY status in support of the efforts
in Kosovo to the U.S. Air Force Strategic Air Command but that the Army Surgeon General’s office refused to transfer
pay to the Air Force for his service. Although a complaint filed by the Air Force had reinstated Dr. Lakner’s pay, it
had also earned him considerable dislike. (Dislike for Dr. Lakner in the Army Surgeon General’s office dates back at
least to 1996, when he suddenly ended up on the “downsizing” list at the Army’s flagship Menninger Clinic
for suggesting to management they had been “warehousing” rather than treating some of their patients while condoning
anti-diversity marches on grounds.)
At year’s end (1998,) planning to support Air Force retirees,
Dr. Lakner applied for a California license. He was licensed in good standing in 12 other states already. However, staff from
the Army Surgeon General’s office, retaliating for Dr. Lakner’s constructive criticism has since repeatedly muddled
the application process, putting alternatively out that Dr. Lakner either “had no medical diploma” or that he
did not merit a license because of his “unprofessional conduct,” bringing on an avalanche of denials. Specifically,
the Surgeon General had questioned Dr. Lakner’s medical credentials, alleging that his staff had been unable to confirm
Dr. Lakner’s graduation from medical school. However, his claim had flown in the face of the fact that the U.S. military
attaché posted in Budapest, Hungary verified Dr. Lakner’s graduation as early as February 1981.
Likewise,
the Surgeon General had branded Dr. Lakner “unprofessional” for Dr. Lakner‘s filing his whistleblower complaint
with support from several of his peers. When Dr. Lakner’s military attorneys attempted protecting the peers from command
retaliation by redacting their identities, the Command, unlawfully, intercepted and retrieved Dr. Lakner’s personal
mail, yielding the identities of two of the peers. The Command then went on threatening the two with “disloyalty”
and “unauthorized use of government stationery,” pressuring them signing statements of “retraction.“
Once signed, the peers were instantly removed from the theater, depriving Dr. Lakner’s military attorneys of any means
of evidentiary examinations. Using the statements extricated from the peers, the Surgeon General went on accusing Dr. Lakner
with obtaining peer support by “force and fraud.” Needless to say, the denial of his application in California
has precipitated statute mandated “reciprocity” restrictions on several of his already existing licenses elsewhere
in the country, rendering Dr. Lakner virtually unemployed (4-14.)
To documentation availed by Dr. Lakner’s
attorneys, by summer, 2002, Dr. Lakner was ordered to deploy in a combat zone. During his deployment Dr. Lakner discovered
while researching suicides, cases reportedly classified by the Army as “accidents” that thousands deployed in
combat had been barred from access to healthcare. While Dr. Lakner’s efforts were lauded by tactical commanders, aids
to the Army Surgeon General prepared to disperse his suicide prevention Task Force and technical assets. Accused with “whistle-blowing,”
Dr. Lakner was removed from command, and his Mental Health Task Force was disassembled. His associates assisted him in filing
a “whistle-blower” complaint with the Inspector General.
As Dr. Lakner’s association
with his Army superiors deteriorated, it appears that Army officials had sought to discredit Dr. Lakner by initiating “decredentialing”
actions against him although these efforts were met with substantial opposition from the ranks, according to documents we
have reviewed. For instance, the Chief Credentialing Officer for the Army’s Medical Department, like his subordinate
at Walter Reed Army Medical Center, had found no issues with Dr. Lakner’s physician credentials (see attachments (33)
(34) and (35) the record indicates that an Inspector General Investigation report in 2004 found no issues with Dr. Lakner’s
physician credentials (attachments (36) (37) (38) and (39) either. The Medical Command had responded to the Inspector General’s
investigation by denying Dr. Lakner the right to serve out the remaining five months of his tour of duty (attachment 40).
Responding with reported support from the IG, military attorneys submitted a Request for Redress to the Command (attachment
41). The Command apparently failed responding, resulting in the judge advocates’ filing of a Complaint of Wrong and,
according to reports by Dr. Lakner’s military attorneys, the Command “responded” by detaining him, keeping
him in solitary confinement and depriving him of sleep, movement and communication for two months. No charges or explanations
had ever been given according to attachments (42) (43) and (44).
In an effort to discredit Dr. Lakner,
his military attorneys contend that the Command forced him through a humiliating “mental health evaluation.” When
several tests administered yielded no “findings,” the Command still “diagnosed” Dr. Lakner with a
“personality disorder.” However, Dr. Hans-Peter Volz, a professor from the University of Nurnberg, retained by
Dr. Lakner’s military attorneys had rebutted the claim (attachment 45). At that time several members of congress including
representatives Dicks and Evans of the Armed Services Committee filed inquiries with the Department’s Inspector General.
It appears the Army was determined to disqualify Dr. Lakner as evidenced by the actions taken by Army officials when
they ordered a “repeat” mental exam at Walter Reed Hospital. Again, military attorneys protested, branding the
effort a “fishing expedition (attachment 48).” Once more, the evaluator reported in Dr. Lakner’s favor (attachment
49). Again, on intervention from staff for the Surgeon General the finding was changed to “personality disorder,”
(attachment 50). When Dr. Lakner obtained documentary evidence to the improper “command-influence,” the
Command again had him arrested (attachment 51), prompting his military attorneys filing a Complaint with the Inspector General,
Department of the Army (attachment 52) and we understand that General Richard H. Griffith, (former Vice Chief of the Army)
reengaged the DOD-IG on Dr. Lakner’s behalf (attachment 53).
Army officials subsequently went on
to allege the absurd, specifically that Dr. Lakner if even already in detention had somehow “pressured” some of
his associates to provide his military attorneys with letters of support (attachment 54). Dr. Lakner’s attorneys, to
the contrary, maintain that the Command had admonished his supporters and their “unauthorized use” of letterhead,
and subsequently pressured them to provide “statements of retraction” before removing them from the theater of
operations altogether (attachment 56). Using the “statements of retraction” so extricated, the Army Surgeon
General then revoked Dr. Lakner’s privileges (attachment 57). Neither Dr. Lakner nor the “review board”
was given the opportunity to see, to confront and to question witnesses or Dr. Lakner’s accusers if any. Dr. Lakner’s
complaints and lawful requests put forward by his military attorney’s seeking to resolve the issue were steadily disregarded
(attachment 58). Worse, to maximize harm, the Command had informed each and all states of licensure about its “credentialing”
action against him thereby ensuring that Dr. Lakner could not practice medicine in his civilian life (attachments (59) (60)
and (61)).
Along with the chain of retaliations, the Command had apparently denied a request by Dr. Lakner’s
field commander to extend Dr. Lakner’s tentative retirement date for the good of the Army (attachment 62). Dr. Lakner
was removed from active duty and forced into retirement, adversely impacting surgeries scheduled to repair injuries suffered
on a minefield while deployed (attachments (63) and (64)). When members of Congress intervened, staff for the Army Surgeon
General reportedly advised them to guide Dr. Lakner to file an appeal with the Secretary of Health & Human Services (attachment
65). Following guidance provided by the Army Surgeon General to Congressman Henry Waxman, by fall 2006, Dr. Lakner filed his
appeal with the Office of the Secretary of Health & Human Services. By late spring 2007, the Department of Health
& Human Services informed Dr. Lakner that that the “guidance” provided to Representative Waxman was incorrect,
that the appeal should have been submitted to Mr. Ward Casscell, the Assistant Secretary of Defense, Health Affairs. In June
2007, military attorneys revised Dr. Lakner’s appeal and a few weeks later Mr. Casscell’s staff acknowledged receipt
(attachment 66).
Follow up calls by military attorneys verified that Secretary Casscell had forwarded
the appeal to the Army Surgeon General for input. Additional inquiries by Dr. Lakner’s military attorney revealed that
Dr. Lakner’s file was turned over to the Surgeon General’s Legal Advisor (attachment 67). With Dr. Lakner continuing
losing his civilian medical licenses due to the Army’s decredentialing action against him, his military attorneys stepped
up requesting updates from the Legal Advisor’s Office (attachment 68.) After waiting for close to a year, we understand
that Army staff suddenly changed “story,” alleging that they had “never seen” Dr. Lakner’s appeal
(attachment 69). Equally alarming, inquiries made by Senator Dodd in following up have simply not been answered (attachment
78.)
Dr. Lakner’s credentials have been verified by the American Medical Association (attachment
70), by Dr. George A. Kopiloff, past president of the Southern California Psychiatric Society, (attachment 71); by D. F. Hagen,
Rear Admiral, U.S. Navy, Commander, National Naval Medical Center, Bethesda (attachment 72); by Deputy Dean Lawrence C. Cohen,
M.D., of Yale Medical School (attachment 73); by Dori Laub, M.D., of Yale School of Medicine (attachment 74); by Janos Decsy,
Ph.D., of Central Connecticut State University (attachment 75); and by MG John F. Freund, Adjutant General, State of Connecticut
(attachment 76).
Having discussed the case with some of Dr. Lakner’s former military commanders,
having heard some of his military attorneys out and having reviewed the attachments availed in support of the case we join
Senator Lieberman’s request for Dr. Lakner’s unconditional reinstatement. Once reinstated, we urge you to closely
monitor any subsequent due process review of the case as recommended by Senator Lieberman already (attachment 77.)
Register
of Attachments (78)
(1) Letter to Joseph E. Schmitz, DOD-IG; by Representative Norm Dicks; June 9, 2005;
(2)
Letter to Assistant Secretary Winkenwerder; by Congressmen Rosa DeLauro and
Christopher Shays;
September 22, 2005;
(3) Letter to Secretary Geren; April 5, 2007;
(4) COL Stanley F. Uchman to MG Thomas J.
Plewes; August 2, 1999;
(5) Subpoena Duces, by John F. Kennedy, March 16, 2001.
(6) Staff Reappointment, Commander,
Naval Hospital, Bethesda, September 9, 1988;
(7) Credentialing Record, Naval Hospital, Bethesda, April 15, 1988;
(8)
Declaration of Edward O. Lear, October 20, 2005;
(9) Statement; by Dean Lajos G. Szollar, Semmelweis University; march
10, 2000;
(10) Statement; by Hungarian State Department; to Governor, California; August 31,
2000;
(11) Statement; for American Board of Psychiatry; by Mr. Hal Taylor; July 22, 2008;
(12) Statement
by Mr. Timothy J. Aspinwall; for Maryland Board of Physicians;
February
22, 2002;
(13) Statement by MG David A. Rubenstein; to medical Board of California; January 17,
2003;
(14) Inquiry at (California) Governor Gray Davis; by Congressman Ray LaHood;
November 20, 2002;
(15) Memorial for Leonard W. Shoup; August 30, 2004;
(16) Memorandum, Crisis
Prevention; to LTC Andrew Aquino; August 30, 2004;
(17) ASG Accountability Report; July 14, 2004;
(18) Memorandum;
Medical Care for Deployed in Contingency Operations; by Stephen
C. Joseph, Assistant Secretary
of Defense; January 8, 1997;
(19) Certificate of Appreciation; by Mr. Matthew E. Venon, Manager, Force Protection
Quality Control; September 30, 2004;
(20) Memorandum by LTC Robert Roggenbach; of September 10,
2004;
(21) Memorandum by CDR Lori Laraway to MNC-I Surgeon COL Christine M. Piper;
September 18, 2004;
(22) Memorandum by Dr. Lakner to MAJ James Malone; of August 25, 2004;
(23) Memorandum
by COL George Lakner for BG Tod J. Carmony; September 13, 2004;
(24) Memorandum by MAJ (Dr.) Beth Klein to CPT Mary
Brutz; of January 5, 2005;
(25) Memorandum by COL George Lakner; for LTC Jane Lengel; September 6, 2004;
(26)
Memorandum by LTC Jane Lengel, Inspector General; to COL George Lakner;
October 5,
2004;
(27) “Soldier Who Killed Self;” in Washington Post; June 5, 2005.
(28) Final Autopsy Report;
by LTC Kathleen M. Ingwersen; January 8, 2004;
(29)Contingency Table; “Key Leaders”; August 31, 2004;
(30)
Memorandum by MAJ Ronald Howes to COL George Lakner; RE: Consultation
visits; August 23,
2004;
(31) Certificate of Appreciation; by LTC Charles R. Griffin; December 20, 2003;
(32) MEDCOM Memorandum;
by COL Doreen M. Lounsbery; to MAJ James Malone;
September 15, 2004;
(33) E-mail
by LTC Robert D. Rowe, USARC Surgeon; to MAJ Page S. Albro; July 20,
2004;
(34) E-mail
by Walter Reed Clinical OPS Security Manager Michael K. Carmel; to COL
George Lakner; November
18, 2003;
(35) Affidavit; by Mr. Michael K. Carmel; for Division of Licensing; March 15, 2007;
(36) Memorandum
for Deputy Inspector General; by LTC Sally C. Harvey, Acting Chief,
Division of Mental
Health; January 10, 2003;
(37) E-mail by LTC Webster D. Powell, III; to COL George Lakner; June 18, 2004;
(38)
Letter by Ms. Sarah Smith, Patient Assistance Officer; to Dr. Lakner; June 14, 2004;
(39) E-mail by COL Gilbert W.
McIntosh, to COL Lakner; September 1, 2004;
(40) Replacement Rotations Table, TFMF HCP; September 30, 2004;
(41)
Request for Redress; to BG Tod J. Carmony; October 1, 2004;
(42) Receipt, Inmate Receiving Station; December 9, 2004;
(43)
E-mail; by CPT Susan Lynch; to COL George Lakner; December 25, 2004;
(44) Affidavit of Abuse; by CPT Mary H. Ritzmann;
April 15, 2005;
(45) Medical Report, Krankenhaus fur Psychiatrie; December 22, 2004;
(46) E-mail; by CPT Mary
H. Ritzmann; to Ms. Heather Foley; December 9, 2004;
(47) Response to Hon. Norm Dicks and Hon. Lane Evans; by Mr. John
R. Crane, DOD
-IG; September 23, 2005;
(48) Memorandum to Commander, WRAMC; by CPT
Stephan E. Wolfe; April 6, 2005;
(49) Memorandum, Mental Health Evaluation; by LCDR G. F. Donovan; May 3, 2005;
(50)
Memorandum, Mental Health Evaluation; by LCDR G. F. Donovan; May 31, 2005;
(51) E-mail; by Dr. Lakner; to Mr. Leo FitzHarris;
April 6, 2005;
(52) Custody Document; by Lehni H. Jameson, Provost Marshal, WRAMC; March 28,
2005;
(53) E-mail; by GEN R. H. Griffith; to Dr. Lakner; August 24, 2005;
(54) E-mail; by Magistrate
(MAJ) Philip Mitchell; to Dr. Lakner; December 10, 2004;
(55) Objection to 15-6; e-mail; by CPT Mary H. Ritzmann; COL
Alan Dohrmann;
December 12, 2004;
(56) Retaliation; e-mail; by COL Lakner;
to CPT Susan Lynch; October 24, 2004;
(57) Adverse Action Report; by National Practitioner Data Bank; May 19, 2006;
(58)
E-mail; from CPT Mary H. Ritzmann; to LTC Jeffrey Foe; January 12, 2005;
(59) Request; by Kansas Board of Healing Arts;
to Dr. Lakner; October 10, 2006;
(60) Supporting Documents; by HQ, Medical Command; to Illinois Department of
Professional Regulation; June 1, 2007;
(61) Notice of hearing; by Medical Board of California; to Dr.
Lakner; January 22, 2007;
(62) Memorandum, Request for Extension; by LTC Odis R. Blueitt; to Commander, 8th
Medical Brigade; March 10, 2006;
(63) Request for Active Duty Medical Extension; by CPT Michael
J. Curran; April 5,
2006;
(64) E-mail; by SGM Brian LaMorte; to Ms. Grace Washbourne;
March 14, 2006;
(65) Letter to Dr. Lakner; by Congressman Henry A Waxman; March 6, 2006;
(66) E-mail; by LTC
William Boyle; to Dr. Lakner; September 20, 2007;
(67) E-mail; by LTC William Boyle; to COL Lakner; February 9, 2008;
(68)
E-mail; by Attorney Rosalind D. Gagliano; to LTC William Boyle; March 12, 2008;
(69) Statement; by LTC William E. Boyle,
Jr.; may 5, 2008;
(70) AMA Data Services Physician profile; November 2, 2000;
(71) Letter to Dr. Harding; April
18, 2001;
(72) Letter to GEN Thompson; May 15, 1989;
(73) Letter to GEN Shalikashvili, Chairman, Joint Chiefs;
July 27, 1994;
(74) Letter to Ms. Judy L. Thompson, Yale Psychiatric Institute; September 19, 1994;
(75) Letter
to (BG) James D. Slavin, M.D. August 24, 1993;
(76) LOR, December 22, 1977
(77) Memorandum of Record; by COL
James L. Collins; February 17, 2006.
(78) Inquiry at Assistant Secretary of Defense Hon. Ward Casscell by Senator Christopher
Dodd;
October 8, 2008.
|
