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The IDSA Agreement--(for the reading comprehension impaired)

Reply from: the 3rd Man
Date: 18 May 2008, 17:50
The IDSA Agreement--(for the reading comprehension impaired)

Here are a few critical paragraphs from the IDSA Agreement.

These deal with what, exactly, the IDSA is being held to...



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"WHEREAS, the Attorney General contends that his investigation has
uncovered certain procedural deficiencies related to the IDSA's
development of its 2006 Guidelines ..."
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#3:

Notice the word "contends", there. NOT "rules" or "finds"...but
"contends". (In addition, notice that the term used is "procedural
deficiencies". It would still be an arguable point as to whether any
of these claimed "procedural deficiencies" could result in any kind of
liability on the part of the IDSA, or whether the Conn AG has the
legal authority to even address them).

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"WHEREAS, neither this Agreement, nor any acts performed nor documents
executed in furtherance of this Agreement are an admission of
liability, or may be used as an admission of liability or of any
wrongdoing",
----------------------------------------------------------------------
#3:

Notice: the IDSA admits NOTHING. Nothing is to be construed against
them.
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"By entering into this Agreement, the Attorney General resolves all
investigations, issues, claims, and causes of action against the IDSA,
its officers, employees, directors, members, and nonmember panel
members, consultants, and reviewers who served on its Lyme disease
guidelines committees from any and all claims-whether known or unknown-
arising prior to the date of this Agreement relating to the Attorney
General's Investigation, the 2006 Lyme Disease Guidelines, or the 2000
Lyme Disease Guidelines. Notwithstanding this paragraph or any other
provision of this Agreement, this Agreement shall in no way be
interpreted to release any person ith respect to claims thta may arise
after the date of this Agreement".
------------------------------------------------------------------------------------------------------------------------------------
#3:

The IDSA has pretty much a complete and total release from liability...
(and from the 2000 Guidelines also)!
------------------------------------------------------------------------------------------------------------------------------------

"By entering into this Agreement, and by its prior actions cooperating
with the Attorney General's investigation--the IDSA has not consented
to the jurisdiction of the State of Connecticut and has not waived its
right to object on any ground to the power to the power of the
Attorney General (or any party) to bring any action against the IDSA
in any forum, other than as stated in provision 4 above regarding
enforcement of this Agreement".

----------------------------------------------------------------------
#3:

The IDSA doesn't admit that the Conn AG even has the power or legal
authority to look into the matter in the first place.






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