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Karina Hansen 3: Update March 2016

March 7, 2016

KarinaHansenStockPicThis update follows on from my previous post Karina Hansen 2: the Ghost in the Room. For the full background to this story, please refer to that post. There is now also a more detailed post at Karina Hansen 4: Timeline, Torture and Tragedy (April 2016) with a further brief update at Karina Hansen 5 (October 2016).

A brief re-cap…..

Karina (pictured left) was diagnosed with severe Myalgic Encephalomyelitis (ME) in 2008. The diagnosis was disputed and, as a result she was forcibly removed from home, where her family had been caring for her, in February 2013. She was then aged 24.

Karina was taken to Hammel Neurocenter (described as “The Research Clinic for Functional Disorders”) which provides treatment for patients with neurological damage and diseases. Several doctors have been involved in her case but psychiatrists Nils Balle Christensen and Per Fink have dictated the overall course of her treatment. Since shortly after her initial detention, she has been classed as a “voluntary” patient; she was found by a court subsequently to lack capacity to make her own decisions. As a result of that finding, the court appointed a legal guardian to take responsibility for her welfare.

…..And now

Three years later, Karina remains a de facto prisoner of the state. She has been moved to a nearby “rehabilitation centre” but allowed very little contact with her family. However, her father recently visited her. Whilst she was physically clean and cared-for, she was nevertheless in a wheelchair and unable to speak except for incomprehensible mumbling and grimaces. She did not recognise her own father.

Although Karina was extremely ill before she was removed from home, she was still able to stand up, speak and communicate with others. She was being cared for by her family, according to her express wishes as a competent adult. Her condition as evidenced by this recent visit represents a frightening deterioration in her physical and mental health and wellbeing.

Karina’s state indicates several possible causes: for example – she is excessively over-medicated; she has experienced acute trauma; she is now suffering from serious neurological damage – or any combination of the three. In the absence of any clear explanation, the inevitable question arises: is her condition the direct result of a state-orchestrated plan which went horribly wrong?

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UPDATE – legal (for more background see previous post) 

On 26 February 2016, the Danish High Court heard an appeal by Karina’s parents against the guardianship order imposed by the District Court. This order had confirmed Kaj Stendorf as Karina’s permanent legal guardian. Mr Stendorf was the chief of police (now retired) in charge of Karina’s district when she was taken from her home by police against her will (see previous post). The appeal failed and the District Court’s order was upheld.

This means that Karina remains subject to the guardianship of a man who was a party to the state agreement that she should be forcibly removed from her home. This act was clearly against the express wishes of both Karina and and her family. The guardianship order therefore appears to represent a serious conflict of interest which, on the face of it, does not seem to have been properly considered by the Court.

I have recently been given some further information about the background to Karina’s situation. It may be that I need to take off my journalist’s hat and put on my lawyer’s hat for a short time. This might mean that I won’t be able to discuss the legal aspects of Karina’s story in any detail for the time being as some of the information is given in confidence. However, I will continue to keep the blog updated as far as possible.

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UPDATE – accountability

In my previous post I wrote:

In the interests of balance and as a further attempt to gain more background information, I asked an academic colleague to contact some of the protagonists in the process which has brought Karina to her current situation. My colleague is an expert on open justice in European countries and has researched the area extensively.

The following people have been contacted directly and asked for comment:

  • The Minister for Justice
  • The Minister for Health
  • Per Fink
  • Nils Balle Christensen
  • Jens Gyring (consultant at Hammel Neurocenter)

Per Fink replied on behalf of himself and Hammel saying that all patients are there on a voluntary basis and that the clinic is very popular (see previous post for fuller details).

So far, there has been an acknowledgment but no substantive reply from the Minister for Justice. This is being chased up.

The Minister for Health has responded in the following terms: “Please note that information about specific patients in the Danish healthcare system is confidential and will not be released to third parties.” This is, of course, entirely predictable (it would actually be very alarming if the Minister was giving out highly sensitive personal information in response to random inquiries). However, this inquiry was framed in terms of open justice (as a comparison with the recent changes in the equivalent British courts – see previous post) using Karina’s case a specific example. It was not a request for information about a specific patient as such.

Further emails have been sent to the Ministers for Health and Justice repeating the query and setting out more detailed questions for response/comment. I will provide further updates as and when any replies are received.

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The human rights issue 

In my previous post, I mentioned the human rights issues which apply to Karina’s case. As a European citizen in a country which has signed both the European Convention on Human Rights and the Lisbon Treaty (which includes the EU Charter of Fundamental Rights), Karina is entitled to the rights protection afforded by both. I haven’t written about this in detail before so I think it is necessary to clarify how that works.

It is often – and quite reasonably – assumed that these rights can only be argued in the European courts. This is not the case; where it is relevant, these rights can and should be argued alongside the primary relevant law in the domestic courts of each member state. This is best explained by using an example from a different area of law as it would be applied in the UK (the UK’s relationship with Europe is very similar to Denmark’s). This example uses the law relating to those claiming asylum from persecution in their country of origin:

X is an Afghan national who speaks good English. At some point during the occupation of Afghanistan by Coalition forces from 2001-2014, he (most are men rather than women) worked as an interpreter for the British army. Following the withdrawal of British forces in 2014, X is threatened by the Taliban and it becomes clear that both he and his family are at extreme risk. He flees to the UK and seeks asylum under UK law. His application is refused and he appeals to the Immigration and Asylum Tribunal.

X’s appeal is based firstly on the UK’s domestic legislation which governs asylum applications. However, alongside that argument, he can claim that his rights under the Convention/Charter have been interfered with (breached). Depending on his circumstances, he could argue that one or more of these rights has been subject to interference by the UK state in its refusal to grant him asylum.

For example, he could argue the right not to be tortured (as he almost certainly would be if the UK returned him to Afghanistan) under Article 3 of the Convention. So, in the UK courts, he argues firstly on the grounds of the domestic law relating to asylum and secondly on the grounds of the human rights law which has been incorporated into the UK’s national law from Europe.

So – back to Karina; in her case, the arguments which hypothetically might have been made on her behalf could have used the following areas of law:-

  1. The local law of Denmark which governs the treatment of those who are found to lack capacity resulting in the appointment of a legal guardian and
  2. The human rights law which has been incorporated into Danish law from Europe which each member state is required to consider as part of their internal judicial process (eg. in Karina’s case – the right not to be deprived of one’s liberty/right to private and family life).

In other words, human rights law is already potentially engaged from the earliest stage of legal proceedings in all cases, including Karina’s. We don’t have to wait to get to Europe to make that argument. 

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WHERE NEXT?

In my previous post, I referred to the case of American teenager, Justina Pelletier who was taken from the care of her family and put into state custody in a manner which reflected Karina’s situation (there are some differences but the result was similar). Since I wrote that post, it has been announced that Justina’s family is to sue Boston Children’s Hospital for its role in detaining her.

In Justina’s case, a court ruling reversing the previous order was needed to secure her final release from the Hospital. However, this ruling came about after Massachusetts Department for Children and Families – which had originally filed for Justina to be placed in the custody of the state – dropped its opposition to her release following widespread publicity.

Using Justina’s case as an example, we can assume that a two-pronged approach is required in order to facilitate Karina’s release:

  • The first prong is to continue an appropriate challenge to the claimed legal validity underpinning the decisions which leave Karina deteriorating rapidly in a “rehabilitation centre” – an institution which shows no signs of rehabilitating her and every sign of prolonging her acute physical and mental distress.
  • The second prong is increased dissemination of information to the media – in Denmark and internationally – so that the apparent injustice inherent in such aggressive state action is highlighted as widely as possible.

Perhaps then Karina’s lonely vigil will cease and she will be able to follow in Justina’s footsteps, back to her own family.

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Disclosure: I have lived with the illness ME since 1981. For more information see About.

 

 

Karina Hansen 2: the Ghost in the Room

February 15, 2016

KarinaHansenStockPicChristmas 2015. A young woman sits in a wheelchair in a Danish rehabilitation centre. She mumbles incomprehensibly to herself from time to time but is otherwise unresponsive. With her is a close family member. She shows no signs of recognising him.

Is this the fate of “Karina Hansen: Prisoner of Denmark“?

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The History

Karina (pictured above) first became ill as a teenager. After much debate and disagreement between various health professionals, she was eventually diagnosed in 2008 with a severe case of Myalgic Encephalomyelitis (ME). However, as often happens with this illness, the diagnosis was disputed. Her parents continued to care for her in the family home.

Given her vulnerable state and the disputed diagnosis, Karina and her family arranged for her parents to be granted power of attorney on her behalf. At this time, she was deemed competent to make the decision.

In February 2013, Karina (by now aged 24) was forcibly, and without warning, removed from her home in Holstebro, Denmark. This process was carried out by a large team of people consisting of police officers, social workers, doctors and a locksmith. There had been a similar but unsuccessful attempt at removal some months earlier. She made desperate phone calls for help to her family until the battery in her phone died.

Karina was taken to Hammel Neurocenter (described as “The Research Clinic for Functional Disorders”) which treats patients with neurological damage and diseases. It seems that a number of doctors have been involved in Karina’s case but psychiatrists Nils Balle Christensen and Per Fink have dictated the overall course of her treatment.

As is frequently the case with ME patients (in Denmark and elsewhere), Drs Balle Christensen and Fink believe that ME is a “functional disorder” ie. effectively a psychosomatic condition. As a result, their recommended treatments are exercise therapy/physical rehabilitation, psychotherapy, “sensory” (occupational) therapy and psychotropic medication. Whilst these treatments can sometimes help patients with apparently similar conditions (who are often misdiagnosed with ME or – so-called – “chronic fatigue syndrome“), patients who genuinely have ME are very likely to deteriorate with these treatments – often with serious and long-lasting effects.

After her admission to Hammel, Karina was diagnosed with PAWS – also known as pervasive refusal syndrome. This is characterised by a patient engaging in obstructive behaviour which is designed to resist treatment.  It is usually applied to children rather than adults and is not a formally-recognised psychiatric condition. It is also tantamount to blaming the patient for the failure of inappropriate or dangerous treatment.

In September 2014, Karina was moved from the main clinic to a “rehabilitation centre” which is connected to the institution. She remains there to this day.

What is Karina’s status as a patient and why does it matter?

Karina was removed from home under the specific doctrine of “nødret” – which roughly translates as “necessity”. This is a fundamental principle common to many jurisdictions; it is used to justify extreme state interventions. In Karina’s case, the state believed her to be at risk whilst in the care of her family so a decision was taken (presumably in consultation with the relevant agencies) to remove her from home. Later investigations produced two reports from the Danish Board of Health; no further action was taken against her family.

Karina was detained for a short time under the nødret provision. After that, her status seems unclear. She was being treated by psychiatrists but whether she was classed as a psychiatric or a medical patient is uncertain. Hammel Neurocenter treats a range of conditions and diseases described as neurological rather than psychiatric although there is inevitably a crossover between the two. Significantly, it is claimed that all such patients at Hammel are there on a “voluntary” basis and no one is compulsorily detained.

The reason this matters is because there is a specific complaints/judicial procedure for psychiatric patients who are being detained involuntarily. The Danish process is set out in a 2012 article from International Psychiatry [1] from which this extract is taken: “The MHA [Mental Health Act of 1989] does not specify time limits for compulsory detention or treatment. However, in appeal cases it has been stated that if no improvement occurs within 6 months the patient should not be kept any longer for a ‘treatment indication’.

Since Karina was apparently classed as a so-called “voluntary” patient then the protection of the Danish complaints and review procedure would not have applied. The UK has a similar – though rather more rigorous – independent review process; in this country, it would be very unusual for any psychiatric patient – involuntary or otherwise – to remain as an inpatient for as long as three years.

The workaround?

In Karina’s case, it appears that an alternative strategy was used. Despite her status as a “voluntary” patient, she was now found to be incompetent to make her own decisions, reversing the earlier finding of competency. This resulted in a guardian being appointed by the state (see next section) to make those decisions on her behalf.

Presumably, the argument put forward was that she refused to communicate with anyone – quite possible, given the PAWS diagnosis. However, rather than simply interpreting that as showing incompetency, it seems reasonable to expect that the full background to her case would have been properly examined. Such an examination ought to have revealed her desperate efforts to resist admission to Hammel and the obvious reason for her subsequent withdrawal. However, despite a number of court hearings, the situation has remained the same but without more detail of the judicial process, it’s impossible to speculate further as to why this is the case.

(Note: Some of the legal documentation is available but not, as yet, in English so I cannot access it. Online translation tools are insufficient for this purpose. If the documents become available in English then I will be able to review them properly. The groups I have contacted have not been able to assist me with this so far.)

The reasons for Karina’s extraordinarily prolonged stay at Hammel are shrouded in secrecy. That in itself is extremely alarming. Whatever the real facts behind this case, she is likely to have become so institutionalised that, on any view, the future does not bode well.

Conflict of interest?

Following her initial detention, Karina was deemed incompetent and therefore lacking capacity to manage her own affairs. As a result, the power of attorney of her parents was overridden and she was assigned a state-appointed guardian to represent her and protect her interests. Because Karina is an adult, not a child, her parents have a very limited say in what happens to her.

Despite her obvious acute distress at her removal from home, she has been allowed almost no contact with her family. There have been a couple of brief visits by family members but she appeared not to recognise them. As a result of the change in guardianship, her family has been allowed no further input into her care; they have received periodic but sometimes conflicting updates on her condition.

I understand that Karina’s new (and now permanent) guardian, Kaj Stendorf, was the chief of police in charge of Karina’s district at the time of her removal from home. He is now retired from the police service. However, on the face of it (and without knowing what evidence was before the court when the decision was made to appoint him as permanent guardian) this appears to be an untenable conflict of interest and one which requires urgent public scrutiny.

Total systems failure

Three years on, there appears to have been a complete failure of all the checks and balances which would normally be in place to prevent such an apparent abuse of the welfare of a citizen in a supposedly democratic European country. The medical, social and legal processes all appear to have defaulted on their statutory duty to protect a highly vulnerable constituent of the Danish state. And – worst of all – no one appears to be accountable.

During my professional career as a British lawyer, I was often part of the process whereby the courtroom becomes a forum for collaboration between all the relevant agencies charged with protecting the interests of the most vulnerable in our society. Sometimes it works well, sometimes rather less so. Nevertheless, it is usually the last remaining barrier between a vulnerable person and the final destruction of their lives. I am beyond baffled as to how Denmark has so manifestly failed one of its citizens in such a manner.

Karina and her family have had some legal representation during the devastating events of the last four years. Those who are closely involved with the family’s efforts to protect Karina’s interests continue to work on her behalf. Inevitably, funding is an issue and has left the family at a significant disadvantage.

Various rights groups have intervened with a letter to the Minister for Health, a petition for an independent review of Karina’s diagnosis and a submission to a Danish parliamentary hearing in 2014. In October 2015, a letter raising Karina’s case signed by over 600 supporters was sent to the newly-elected Prime Minister; it has not been answered. Other similar efforts have achieved little or no progress.

Deprivation of liberty

Whatever the claimed justification for Karina’s continued presence at Hammel, the result is that she remains in de facto, if not actual, detention by the state. Whether or not due process has taken place remains unclear.

The question of whether or not her case could be taken to either of the European Courts dealing with human rights issues is often raised. Generally speaking, this could only happen once the legal process has been exhausted in Denmark’s domestic courts. In UK terms, this would be the equivalent of having concluded proceedings in the Supreme Court (the highest level national court).

Deprivation of liberty without due process is a clear breach of both Article 5 of the European Convention on Human Rights and Article 6 of the Charter of Fundamental Rights of the European Union. Other Articles may also apply to Karina’s situation. These provisions are incorporated into the domestic law of all member states; Denmark is a signatory to both the Convention and the Charter.  

Open justice and balance 

As yet, I have been unable to obtain details of the various court hearings which have taken place. There are reports of some irregularities in the process but without further information and verification I can’t pursue that line of inquiry further at this stage.

Interestingly, the Courts and Tribunals Judiciary in the UK put out a media release in November 2015 about increasing transparency in the Court of Protection (COP). The COP is responsible for the affairs of those who lack capacity (ie. vulnerable persons); it is the British counterpart of the court which has jurisdiction over Karina’s case. The first four paragraphs of the release read as follows:

Public and media will gain greater access to Court of Protection hearings after a pilot scheme starting next year.

The specialist Court makes decisions about the personal welfare (e.g. medical treatment) and the property and affairs of persons who lack capacity to make them themselves, applying a best interests test.

With rare exceptions, such as serious medical cases, hearings have usually been in private with only those directly involved in the case attending.

The pilot will reverse this approach and the Court will normally direct that its hearings will be in public and make an anonymity order to protect the people involved.

I started work on this post some time ago. In the interests of balance and as a further attempt to gain more background information, I asked an academic colleague to contact some of the protagonists in the process which has brought Karina to her current situation. My colleague is an expert on open justice in European countries and has researched the area extensively.

The following people have been contacted directly and asked for comment:

  • The Minister for Justice
  • The Minister for Health
  • Per Fink
  • Nils Balle Christensen
  • Jens Gyring (consultant at Hammel Neurocenter)

So far, there have been acknowledgments from the two ministries but no substantive replies. However, Per Fink has replied on behalf of himself and Nils Balle Christensen. The (predictable) gist of his response is as follows:

That he cannot comment on individual patients; all treatment at the clinic is on a voluntary basis and no one is compulsorily detained; that there are some inaccurate stories being put out via the internet/social media; patient satisfaction at the clinic is high and there is a 1.5 year waiting list for treatment there.

If/when any further responses are received, I will either update this post or write a new one setting out the details.

Media scrutiny 

My searches reveal a few articles in the Danish press but nothing recent. Where is the mainstream media scrutiny which might have begun to uncover what has gone so wrong with Karina’s treatment, not only by the medical profession but also the executive and the justice system?

High-profile attention from outlets such as Fox News and the Boston Globe certainly helped to stimulate public awareness of the predicament of American teenager Justina Pelletier in 2014. Justina’s story was very similar to Karina’s (although, happily, Justina was eventually returned to her family); in both cases, grave concerns are raised not simply by a disputed diagnosis but by an entire state process. This is why the issues continue to require urgent investigation by international media organisations.

A note on verification 

The information which I have used to write this post is in the public domain. I have carried out due diligence as far as possible but it has been impossible to verify everything directly with the sources. Understandably, the family are concerned about the effect on both Karina herself and their access to information about her if they discuss the matter publicly any further at this stage.

In a Facebook post by the Justice for Karina Hansen group dated 8 November 2013, it was stated that the family were told by the Chief Physician at the clinic: “if you [the family] don’t agree with and support the treatment Karina have [sic] been put under by the psychiatrist in charge of treatment, Nils Balle Christensen, you will not have access to see Karina.”

The same post also says: “We would also like to inform you that it was Karina’s choice to go public with this story. In the month of May last year [2012], when the Danish Board of Health (Sundhetsstyrelsen) tried to incarcerate Karina for the first time, Karina expressed a wish herself that we should contact the media, hoping to stop this abuse, and get some approval and recognition of the horrible disease that Myalgic Encephalomyelitis is.” 

It is for this reason that I have written about Karina’s situation – both previously and now – despite the highly sensitive and deeply personal nature of the topic and the problems with verification. It would seem that Karina believed – as I do – that, in certain circumstances, the public interest in open debate outweighs the counterbalancing need to preserve an individual’s personal privacy.

If anyone has evidence that anything in this post is inaccurate then please contact me (see About) and I will make any appropriate corrections.

The Ghost in the Room 

There is no dispute that, prior to her incarceration at Hammel, Karina was extremely ill. She was very limited in what she could do but was able to communicate with her family and was being cared for in her own home, according to her express wishes as a competent adult.

Contrary to the views expressed by many psychiatrists and experts in psychological medicine, many members of the international ME community (around 20 million patients worldwide) know from their own bitter experience that there is still no proper treatment for this illness. Exercise and psychological therapies are generally of no benefit and often actively harmful. Patients are routinely neglected, stigmatised and even abused. This has been the situation for many decades in all countries where ME patients exist.

The young woman in the description at the beginning of this post is barely even a ghost of the person who was snatched from her family three years ago. And there are other Karinas in other countries, both children and adults; unbelievably, this situation is by no means unique. In the UK alone, TYMES Trust charity has advised 146 families (updated figure) since 2000, none of whom has been found to be at fault.

Where is the transparency and accountability which would subject these state missteps to public scrutiny and avoid future repetition of such catastrophic failures?

Too many ghosts in too many rooms.

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Disclosure

I have lived with Myalgic Encephalomyelitis since 1981. For more information see About.

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[1] PDF file (970 KB) containing article at page 88 can be downloaded here: International Psychiatry2012-MH LawDenmark-Page88

FOIA: a Briefing Note + how many PACE requests?

December 16, 2015

NOTE for new readers: I have lived with the illness myalgic encephalomyelitis (ME) for since 1981. The condition is sometimes incorrectly conflated with the condition known as chronic fatigue syndrome (CFS) and is therefore often referred to as “ME/CFS” or “CFS/ME”. For more information see About.

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1. The FOIA Briefing Note

FOIA title pic

I was recently asked by two journalists to draft a short briefing note on the English Information Commissioner’s Office (ICO) and the Freedom of Information Act 2000 (FOIA) regime. It occurred to me that this document might be of interest to some readers of this blog so I’ve copied it in full at the end of this post.

[NB. I wrote an updated version of this FOIA Briefing Note in October 2019. It can viewed in this post here]

2. How many PACE requests – my FOIA request

In August 2014, I made a request under FOIA to find out how many requests had been made to the relevant public authority, Queen Mary University of London/QMUL, regarding the PACE study of chronic fatigue syndrome. I have mentioned previously in this blog that there appear to have been in excess of 150 FOIA requests since 2010, when the trial finished. It became apparent from my correspondence with QMUL that there is not a definitive answer to this question. The figure of 150+ appears to relate to the total number of individual pieces of information requested within each single request, not the actual number of individual requests which, in mid-2014, was 34 – an important distinction.

I have already shared the details of my request with other advocates and I am now making them generally available. I have created a pdf file of the exchange of correspondence which can be downloaded at this link:

FOIA request to QMUL re no of PACE requests.pdf-2

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NB. The document below does not constitute any kind of specialist legal advice. 

BRIEFING NOTE 

The English Information Commissioner’s Office and the Freedom of Information Act (FOIA) regime

The ICO: background information

The Information Commissioner’s Office (ICO) is overseen by the Information Commissioner (IC). Some of the IC’s powers (such as drafting decision notices) can be delegated to employees or other agents.

The ICO is a public body and independent regulator. The IC is charged with overseeing both access to information under the Freedom of Information Act and the protection of personal data under the Data Protection Act. This dual responsibility creates a joint function and – arguably – the potential for a conflict of interest, although that rarely seems to occur in practice.

Data Protection

Under the Data Protection Act 2018, the IC has the power to impose financial penalties for certain offences (such as unlawfully obtaining personal data). Some argue that those powers are insufficient for effective enforcement of the system.

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The FOIA process

The English FOIA regime was created by the Freedom of Information Act 2000. Scotland and Northern Ireland have similar but separate regimes. Any citizen from any country can make an English FOIA request.

The presumption is that all information should be available to anyone, regardless of motive, unless it is covered by one or more of the exemptions prescribed in the Act, in which case it can be withheld.

In 2015, an Independent Commission was set up with task of reviewing:

  • Whether there is an appropriate public interest balance between transparency, accountability and the need for sensitive information to have robust protection
  • Whether the operation of the Act adequately recognises the need for a ‘safe space’ for policy development and implementation and frank advice
  • The balance between the need to maintain public access to information, the burden of the Act on public authorities and whether change is needed to moderate that while maintaining public access to information

The final report was published in March 2016. For more information, see here.

Relevant public authority

Information requested under FOIA must be obtained from the relevant “public authority” as defined in Section 3 of the Act[Note: in the case of the PACE trial data, the public authority is usually Queen Mary University of London (QMUL). This is because St Bartholomew’s Hospital where Professor Peter White (principal investigator on PACE) practises, comes under the umbrella of QMUL. All teaching hospitals in the UK are attached to a university.]

Person making the request

Anyone can make a FOIA request. Requests must come from a clearly identifiable requestor, usually an individual.

If a group wishes to make a FOIA request, it should normally be made by one individual on behalf of the group. This is to ensure that the identity of the requestor remains clear. It is also intended to deter the making of multiple requests for the same information as many authorities have limited resources for dealing with FOIA requests.

The initial request

Making an initial request is straightforward. There is no specific fixed method but there are certain requirements under Section 8 of FOIA for it to be treated as a valid request:

  • The request can be made in written format (including social media, apparently, although I wouldn’t advise it as a general rule)
  • The real name and address of the requestor must be evident.
  • The requested information must be described

In theory, the reason for making the request is irrelevant, although of course, there may sometimes be speculation by those dealing with such requests.

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Stages of making a request

[For the ICO’s how-to guide, see here ]

  1. Make initial request to authority. Response should be within 20 working days. If that is refused:
  2. Ask the authority to carry out an internal review of the handling of the request. Again, response in 20 working days. If still refused:
  3. Complain to the IC (no time limit but generally within three months) who will make a decision and publish the decision notice. The requestor’s name is not published at this stage.

After this, the process changes significantly as it shifts into the judicial system and judges are involved in decision-making. Full judgments, including the names of all parties, are published. The stages of appeal are as follows:-

  1. Appeal from the IC’s decision is to the First-Tier Tribunal (Information Rights) – the FTT – within 28 days. Time extensions for appeal can be granted. To the best of my knowledge, the FTT is the furthest point any PACE appeal has yet reached. If refused then appeal is on a point of law only (notice to be given usually within 35 days) to:-
  2. The Upper Tribunal
  3. The Court of Appeal
  4. The Supreme Court
  5. The European Court of Human Rights (ECtHR) in Strasbourg

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A note on time limits

Time limits are not rigorously enforced although there can be penalties for serious infringements. The process can be very protracted; typically, a request might take 6 months from the first request to getting a decision from the ICO.

Cases which are taken as far as the European courts take many years to complete (and require very deep pockets). However, the same applies to cases from all branches of the law.

Vexatiousness

This is inevitably a problematic area across most branches of the law, not just FOIA. Section 14 of the Act deals with the basic issue but the term is not specifically defined. It is covered by the ICO’s guidance and is discussed in the evolving case law. The current leading case is Dransfield v Information Commissioner and another and Craven v Information Commissioner and another [2015] EWCA Civ 454;  [2015] WLR (D)  215

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Comment

The FOIA system was designed as a simple process which could be used by anyone to obtain information held by public authorities in England and Wales. It was intended for use at zero or minimal cost; however, that may change after the current review. In many cases it works well but inevitably that can depend largely on the efficiency of the public authority and the ability of the requestor to understand what to do and how to do it.

As with all systems, it is open to abuse, both by requestors with an axe to grind and by public authorities seeking to withhold information for reasons which may not be entirely transparent.

Once the process reaches the judicial stage (the FTT), it follows the same patterns, benefits and limitations as any other type of legal action.

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Valerie Eliot Smith

November 2015

Queen Mary University of London to appeal Information Commissioner’s decision on disclosure of PACE Trial data

November 26, 2015

UPDATE February 2016: The hearing of QMUL’s appeal is scheduled for 20-22 April 2016 in central London. Judgment is not normally given at the time of the hearing but is distributed up to three weeks later. If QMUL’s appeal does not succeed and they are ordered to release the data, they can still appeal to the next level, the Upper Tribunal. 

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Background 

I have lived with the illness myalgic encephalomyelitis (ME) for nearly 35 years. The condition is also (misleadingly) known as “Chronic Fatigue Syndrome” and is therefore often referred to as “ME/CFS” or “CFS/ME”. For more information see “About“.

I have previously written about the controversial PACE Trial (Principal Investigator: Professor Peter White of St Bartholomew’s Hospital in London) and its highly questionable effects on the treatment of patients – see PACE vs FOIA: Access Denied.

The current case

Ever since the results of this £5 million (US$8m) publicly-funded trial were published by The Lancet  in 2011, patients have been attempting to gain access to the trial data as the results were spun in a surprisingly positive light. In 2014, I made a request under the Freedom of Information Act (FOIA) to ascertain the number of requests which had been made in total. The answer wasn’t clear but the figure seemed to be in the region of 34 requests (with approximately 150 individual items within those 34 requests). However, very little data has been released so far and patient groups are still puzzled by how the results have continued to be framed in such positive terms.

Professor White has also used patients’ efforts to access trial information as a platform from which to make spurious claims of harassment by ME patients against members of the PACE team. He has also suggested that patients have been orchestrating a “campaign to discredit the trial”. Paragraphs 31 and 33 of an earlier decision notice stated that: “Professor White has made it clear that the requests are causing annoyance and frustration both to his colleagues and himself who have to deal with the requests. He has stated that he believes that the requests are clearly part of a campaign to discredit the trial and are not in the public interest…….QMUL has advised that the effect of these requests has been that the team involved in the PACE trial, and in particular the professor involved, now feel harassed and believe that the requests are vexatious in nature.”

In March 2014, the requestor in this case, Alem Matthees, sought the following trial data from Queen Mary University of London (QMUL). QMUL is the relevant public authority for the purposes of making FOIA requests about the PACE Trial:

• SF-36 physical function scores (range 0-100 points) [baseline and 52-week followup];
• CFQ fatigue Likert scores (range 0-33 points) [baseline and 52-week followup];
• CFQ fatigue bimodal scores (range 0-11 points) [baseline and 52-week followup];
• Oxford criteria CFS caseness (does participant meet criteria, yes or no) [52-week followup only];
• Participant-rated CGI scores (range 1-7) [52-week followup only];
• Doctor-rated CGI scores (range 1-7) [52-week followup only];
• 6MWT walking distances (in meters) [baseline and 52-week followup];
• The group which each participant was allocated to after randomisation (i.e. either to APT, CBT, GET, or SMC).

QMUL refused to provide the information at the initial request and the internal review stages. In December 2014, the requestor (now “the complainant”) complained to the Information Commissioner (IC) about the way the request had been handled. The IC published his decision on 27 October 2015. You can read the full 30-page decision notice here. It is a meticulously drafted decision which comprehensively dismantles QMUL’s arguments and orders disclosure of the data to the complainant.

The decision notice sets out the submissions by QMUL in some detail. In an apparent act of increasing desperation, the University argued that several of the exemptions in FOIA applied and therefore the information should be withheld. Perhaps the most egregious example was an attempt to argue that a section of the Act which was not even in force at the time of the original request could be used as a reason to withhold the data. There is a presumption in English law that legislation does not apply retrospectively, unless otherwise specified which, in this case, it was not.

There are some notable quotes from QMUL’s submissions in the decision notice; this section is a particular favourite of mine:

“The PACE trial has been subject to extreme scrutiny and opponents have been against it for several years. There has been a concerted effort by a vocal minority whose views as to the causes and treatment of CFS/ME do not comport with the PACE trial and who, it is QMUL’s belief, are trying to discredit the trial. Indeed, as noted by the editor of the Lancet, after the 2011 paper’s publication, the nature of this comprised not a ‘scientific debate’ but an “orchestrated response trying to undermine the credibility of the study from patient groups [and]… also the credibility of the investigators and that’s what I think is one of the other alarming aspects of this. This isn’t a purely scientific debate; this is going to the heart of the integrity of the scientists who conducted this study.” (Health Report, Comparison of treatments for chronic fatigue syndrome – the PACE trial (National Radio, Australian Broadcast Company April 18, 2011) interview of [Lancet editor] Richard Horton and [Professor] Michael Sharpe).

Further, in this interview Michael Sharpe, a Co-Principal Investigator of the trial, states “I think the first thing to say here is that we recruited 640 patients into this trial and there wasn’t a high rate of refusal of taking part in the trial and those patients remarkably, a vast majority of them stayed right through to the end of the trial, they accepted the treatments and they completed our outcome data. So I think it’s very important to remember that if you go out there to the clinics that most patients with chronic fatigue syndrome, all they want is the evidence for what they have to do. There is parallel to that, a very vociferous series of websites and so on, it’s not really the same world as the ordinary patient coming to the clinic. They have been quite hostile in many ways to the findings of the trial and unfortunately also to the people who’ve undertaken the trial and collaborated with the trial,” and Richard Horton comments,

“I think this is where one sees a real fracture in the patient community. One is seeing a very substantial number of patients very willing to engage in this study, desperate to get good evidence on which to base their future treatment but one sees a fairly small, but highly organised, very vocal and very damaging group of individuals who have I would say actually hijacked this agenda and distorted the debate so that it actually harms the overwhelming majority of patients. This community actively seeks to identify and attack those who are associated with the PACE trial.”

On reading this, one might conclude that both factual accuracy and the English language are taking a major hit here; so also is respect for a patient community which has been disproportionately neglected, abused and stigmatised for decades.

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On 26 November 2015, it became apparent that QMUL was appealing the decision of the IC. The appeal is to the First-Tier Tribunal (Information Rights). The complainant can choose whether or not to be joined as a party. It will be some months before we know the outcome of that appeal.

A final word of caution: we have been through this scenario once before, when QMUL appealed the IC’s decision in a case from 2013. QMUL’s appeal was upheld, albeit in a curiously ambivalent Tribunal judgment. Hopefully, this time there will be a better result for the international ME community.

 

 

Experts call for independent review of the controversial PACE Trial: how it happened

November 13, 2015

Introduction for new readers

I have lived with the illness Myalgic Encephalomyelitis (ME) for nearly 35 years. The condition is also (misleadingly) known as “Chronic Fatigue Syndrome” and is therefore often referred to as “ME/CFS” or “CFS/ME”. For more information see “About“.

I have previously written about the controversial PACE Trial (Principal Investigator: Professor Peter White of St Bartholomew’s Hospital in London) and its highly questionable effects on the treatment of patients – see PACE vs FOIA: Access Denied. American academic and journalist, David Tuller, has recently produced a series of in-depth articles which deconstruct the Trial (+ its sister, the FINE trial) and re-evaluate its efficacy. I assisted David with the production of these articles.

The articles were published on Virology Blog which is hosted by Professor Vincent Racaniello of Columbia University, NYC. Following the first of these articles, the PACE team contacted Professor Racaniello and requested a right of reply. This was agreed and their response was published shortly afterwards, to which David then responded. The series then continued (see RECENT POSTS on the right hand side of this blog). 

What happened next

As a result of these articles, the five scientific experts who were quoted in the first of the series, plus Professor Racaniello, have now written an open letter to The Lancet.  It was The Lancet which, in 2011, published the results of the Trial in surprisingly positive terms.  These experts are now calling for an independent review of the Trial and for the results to be made available publicly. 

[Update: the story has now been picked up by Retraction Watch‘s Weekend Reads – 6th item in the list]

The link to Virology Blog + text of the letter are below.

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An open letter to Dr. Richard Horton and The Lancet

13 NOVEMBER 2015

Dr. Richard Horton
The Lancet
125 London Wall
London, EC2Y 5AS, UK
Dear Dr. Horton:

In February, 2011, The Lancet published an article called “Comparison of adaptive pacing therapy, cognitive behaviour therapy, graded exercise therapy, and specialist medical care for chronic fatigue syndrome (PACE): a randomized trial.” The article reported that two “rehabilitative” approaches, cognitive behavior therapy and graded exercise therapy, were effective in treating chronic fatigue syndrome, also known as myalgic encephalomyelitis, ME/CFS and CFS/ME. The study received international attention and has had widespread influence on research, treatment options and public attitudes.

The PACE study was an unblinded clinical trial with subjective primary outcomes, a design that requires strict vigilance in order to prevent the possibility of bias. Yet the study suffered from major flaws that have raised serious concerns about the validity, reliability and integrity of the findings. The patient and advocacy communities have known this for years, but a recent in-depth report on this site, which included statements from five of us, has brought the extent of the problems to the attention of a broader public. The PACE investigators have replied to many of the criticisms, but their responses have not addressed or answered key concerns.

The major flaws documented at length in the recent report include, but are not limited to, the following:

*The Lancet paper included an analysis in which the outcome thresholds for being “within the normal range” on the two primary measures of fatigue and physical function demonstrated worse health than the criteria for entry, which already indicated serious disability. In fact, 13 percent of the study participants were already “within the normal range” on one or both outcome measures at baseline, but the investigators did not disclose this salient fact in the Lancet paper. In an accompanying Lancet commentary, colleagues of the PACE team defined participants who met these expansive “normal ranges” as having achieved a “strict criterion for recovery.” The PACE authors reviewed this commentary before publication.

*During the trial, the authors published a newsletter for participants that included positive testimonials from earlier participants about the benefits of the “therapy” and “treatment.” The same newsletter included an article that cited the two rehabilitative interventions pioneered by the researchers and being tested in the PACE trial as having been recommended by a U.K. clinical guidelines committee “based on the best available evidence.” The newsletter did not mention that a key PACE investigator also served on the clinical guidelines committee. At the time of the newsletter, two hundred or more participants—about a third of the total sample–were still undergoing assessments.

*Mid-trial, the PACE investigators changed their protocol methods of assessing their primary outcome measures of fatigue and physical function. This is of particular concern in an unblinded trial like PACE, in which outcome trends are often apparent long before outcome data are seen. The investigators provided no sensitivity analyses to assess the impact of the changes and have refused requests to provide the results per the methods outlined in their protocol.

*The PACE investigators based their claims of treatment success solely on their subjective outcomes. In the Lancet paper, the results of a six-minute walking test—described in the protocol as “an objective measure of physical capacity”–did not support such claims, notwithstanding the minimal gains in one arm. In subsequent comments in another journal, the investigators dismissed the walking-test results as irrelevant, non-objective and fraught with limitations. All the other objective measures in PACE, presented in other journals, also failed. The results of one objective measure, the fitness step-test, were provided in a 2015 paper in The Lancet Psychiatry, but only in the form of a tiny graph. A request for the step-test data used to create the graph was rejected as “vexatious.”

*The investigators violated their promise in the PACE protocol to adhere to the Declaration of Helsinki, which mandates that prospective participants be “adequately informed” about researchers’ “possible conflicts of interest.” The main investigators have had financial and consulting relationships with disability insurance companies, advising them that rehabilitative therapies like those tested in PACE could help ME/CFS claimants get off benefits and back to work. They disclosed these insurance industry links in The Lancet but did not inform trial participants, contrary to their protocol commitment. This serious ethical breach raises concerns about whether the consent obtained from the 641 trial participants is legitimate.

Such flaws have no place in published research. This is of particular concern in the case of the PACE trial because of its significant impact on government policy, public health practice, clinical care, and decisions about disability insurance and other social benefits. Under the circumstances, it is incumbent upon The Lancet to address this matter as soon as possible.

We therefore urge The Lancet to seek an independent re-analysis of the individual-level PACE trial data, with appropriate sensitivity analyses, from highly respected reviewers with extensive expertise in statistics and study design. The reviewers should be from outside the U.K. and outside the domains of psychiatry and psychological medicine. They should also be completely independent of, and have no conflicts of interests involving, the PACE investigators and the funders of the trial.

Thank you very much for your quick attention to this matter.

Sincerely,

Ronald W. Davis, PhD
Professor of Biochemistry and Genetics
Stanford University

Jonathan C.W. Edwards, MD
Emeritus Professor of Medicine
University College London

Leonard A. Jason, PhD
Professor of Psychology
DePaul University

Bruce Levin, PhD
Professor of Biostatistics
Columbia University

Vincent R. Racaniello, PhD
Professor of Microbiology and Immunology
Columbia University

Arthur L. Reingold, MD
Professor of Epidemiology
University of California, Berkeley

More PACE: How the Spin got Spun (and the Information Commissioner gets tough…)

November 7, 2015

*TODAY IS THE BIRTHDAY OF KARINA HANSEN, PRISONER OF DENMARK (see my earlier post). THIS IS KARINA’S THIRD BIRTHDAY AS A de facto PRISONER OF THE DANISH STATE SYSTEM. THE M.E. COMMUNITY IS REMEMBERING YOU TODAY, KARINA, AND WORKING TOWARDS THE RESTORATION OF YOUR FREEDOM.*

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Note: since the drafting of this post, a new decision has been published by the UK’s Information Commissioner, ordering the release of some of the data from the PACE Trial. It is a highly significant decision and I am now working on its practical implications. It is important to note that it is not yet clear whether or not QMUL will appeal against the IC’s decision.

For a very helpful summary of the decision, published by the US-based website #MEAction, see here

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This post follows on from the two previous posts about the controversial PACE Trial. Academic and journalist, David Tuller has written a third article in his series on the Trial, preceded by an explanatory comment about the rationale behind the writing of the posts.

The main text of the article explains, in detail, the curious progression from the actual findings in the Trial to how they eventually came to be reported in The Lancet‘s commentary on the Trial. Richard Horton, editor of The Lancet, did not respond to David’s request for an interview to discuss the matter.

For readers who are new to either this blog or this topic, the introduction from the earlier posts gives the background:

Those of you who read this blog regularly will know that I have lived with the illness Myalgic Encephalomyelitis (ME) for nearly 35 years. The condition is also (and misleadingly) known as “Chronic Fatigue Syndrome” and is therefore often referred to as “ME/CFS” or “CFS/ME”.

I have previously written about the controversial PACE Trial (Principal Investigator: Professor Peter White of St Bartholomew’s Hospital in London) and its highly questionable effects on the treatment of patients – see PACE vs FOIA: Access Denied. Academic and journalist, David Tuller, has now produced an in-depth article which deconstructs the Trial and re-evaluates its efficacy. I have been in contact with David during the last eighteen months and I have given him some assistance with the production of this article.

The article is published on Virology Blog which is hosted by Professor Vincent Racaniello of Columbia University in New York City.

Unlike the previous two posts, on this occasion I am reproducing the text of David’s piece in full, with permission.

The link to the original article on Virology Blog is here for those who prefer to view it in situhttp://www.virology.ws/2015/11/04/trial-by-error-continued-did-the-pace-study-really-adopt-a-strict-criterion-for-recovery/ The text of the article is below.

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Trial By Error, Continued: Did the PACE Study Really Adopt a ‘Strict Criterion’ for Recovery?

4 NOVEMBER 2015

By David Tuller, DrPH

David Tuller is academic coordinator of the concurrent masters degree program in public health and journalism at the University of California, Berkeley.

First, some comments: When Virology Blog posted my very, very, very long investigation of the PACE trial two weeks ago, I hoped that the information would gradually leak out beyond the ME/CFS world. So I’ve been overwhelmed by the response, to say the least, and technologically unprepared for my viral moment. I didn’t even have a photo on my Twitter profile until yesterday.

Given the speed at which events are unfolding, I thought it made sense to share a few thoughts, prompted by some of the reactions and comments and subsequent developments.

I approached this story as a journalist, not an academic. I read as much as I could and talked to a lot of people. I did not set out to write the definitive story about the PACE trial, document every single one of its many oddities, or credit everyone involved in bringing these problems to light. My goal was to explain what I recognized as some truly indefensible flaws in a clear, readable way that would resonate with scientists, public health and medical professionals, and others not necessarily immersed in the complicated history of this terrible disease.

To do that most effectively and maximize the impact, I had to find a story arc, some sort of narrative, to carry readers through 14,000 words and many dense explanations of statistical and epidemiologic concepts. After a couple of false starts, I settled on a patient and advocate, Tom Kindlon, as my “protagonist”—someone readers could understand and empathize with. Tom is smart, articulate, and passionate about good science–and he knows the PACE saga inside out. He was a terrific choice whose presence in the story, I think, made reading it a lot more bearable.

That decision in no way implied that Tom was the only possible choice or even the best possible choice. I built my work on the work of others, including many that James Coyne recently referred to as “citizen-scientists.” Tom’s dedication to tracking and critiquing the research has been heroic, given his health struggles. But the same could be said, and should be said, of many others who have fought to raise awareness about the problems with PACE since the trial was announced in 2003.

The PACE study has generated many peer-reviewed publications and a healthy paper trail. My account of the story, notwithstanding its length, has significant gaps. I haven’t finished writing about PACE, so I hope to fill in some of them myself—as with today’s story on the 2011 Lancet commentary written by colleagues of Peter White, the lead PACE investigator. But I have no monopoly on this story, nor would I want one—the stakes are too high and too many years have already been wasted. Given the trial’s wealth of problems and its enormous influence and ramifications, there are plenty of PACE-related stories left for everyone to tackle.

I am, obviously, indebted to Tom—for his good humor, his willingness to trust me given so many unfair media portrayals of ME/CFS, and his patience when I peppered him with question after question via Facebook, Twitter, and e-mail.

I am also indebted to my friend Valerie Eliot Smith. We met when I began research on this project in July, 2014; since then, she has become an indispensible resource, offering transatlantic support across multiple domains. Valerie has given me invaluable legal counsel, making sure that what I was writing was verifiable and, just as important, defendable—especially in the U.K. (I don’t want to know how many billable hours she has invested!) She has provided keen strategic advice. She has been a terrific editor, whose input greatly improved the story’s flow and readability. She has done all this, I realize, at some risk to her own health. I am lucky she decided to join me on this unexpected journey.

I would like to thank, as well, Dr. Malcolm Hooper, Margaret Williams, Dr. Nigel Speight, Dr. William Weir, Natalie Boulton, Lois Addy, and the Countess of Mar for their help and hospitality while I was in England researching the story last year. I will always cherish the House of Lords plastic bag that I received from the Countess. (The bag was stuffed with PACE-related reports and documents.)

So far, Richard Horton, the editor of The Lancet, has not responded to the criticisms documented in my story. As for the PACE investigators, they provided their own response last Friday on Virology Blog, followed by my rebuttal.

In seeking that opportunity for the PACE investigators to respond, a public relations representative from Queen Mary University of London, or QMUL, had approached Virology Blog. In e-mails to Dr. Racaniello, the public relations representative had suggested that “misinformation” and “inaccuracies” in my article had triggered social media “abuse” and could cause “reputational damage.”

These are serious charges, not to be taken lightly. Last Friday’s exchange has hopefully put an end to such claims. It seems unlikely that calling rituximab an “anti-inflammatory” rather than an “immunomodulatory” drug would trigger social media abuse or cause reputational damage.

Last week, in an effort to expedite Virology Blog’s publication of the PACE investigators’ response, the QMUL public relations representative further charged that I had not sought their input before the article was posted. This accusation goes to the heart of my professional integrity as a journalist. It is also untrue—as the public relations representative would have known had he read my piece or talked to the PACE investigators themselves. (Whether earlier publication of their response would have helped their case is another question.)

Disseminating false information to achieve goals is not usually an effective PR strategy. I have asked the QMUL public relations representative for an explanation as to why he conveyed false information to Dr. Racaniello in his attempt to advance the interests of the PACE investigators. I have also asked for an apology.


 

Since 2011, the PACE investigators have released several papers, repeatedly generating enthusiastic news coverage about the possibility of “recovery”–coverage that has often drawn conclusions beyond what the publications themselves have reported.

The PACE researchers can’t control the media and don’t write headlines. But in at least one case, their actions appeared to stimulate inaccurate media accounts–and they made no apparent effort immediately afterwards to correct the resulting international coverage. The misinformation spread to medical and public health journals as well.

(I mentioned this episode, regarding the Lancet “comment” that accompanied the first PACE results in 2011, in my excruciatingly long series two weeks ago on Virology Blog. However, that series focused on the PACE study, and the comment itself raised additional issues that I did not have the chance to explore. Because the Lancet comment had such an impact on media coverage, and ultimately most likely on patient care, I felt it was important to return to it.)

The Lancet comment, written by Gils Bleijenberg and Hans Knoop from the Expert Centre for Chronic Fatigue at Radboud University Nijmegen in the Netherlan was called “Chronic fatigue syndrome: where to PACE from here?” It reported that 30 percent of those receiving the two rehabilitative interventions favored by the PACE investigators–cognitive behavior therapy and graded exercise therapy–had “recovered.” Moreover, these participants had “recovered” according to what the comment stated was the “strict criterion” used by the PACE study itself.

Yet the PACE investigators themselves did not make this claim in their paper. Rather, they reported that participants in the two rehabilitative arms were more likely to improve and to be within what they referred to as “the normal range” for physical function and fatigue, the study’s two primary outcome measures. (“Normal range” is a statistical concept that has no inherent connection to “normal functioning” or “recovery.” More on that below.)

In addition, the comment did not mention that 15 percent of those receiving only the baseline condition of “specialist medical care” also “recovered” according to the same criterion. Thus, only half of this 30 percent “recovery” rate could actually be attributed to the interventions.

The PACE investigators themselves reviewed the comment before publication.

Thanks to this inaccurate account of the PACE study’s reported findings, the claim of a 30 percent “recovery” rate dominated much of the news coverage. Trudie Chalder, one of the key PACE investigators, reinforced the message of the Lancet comment when she declared at the press conference announcing the PACE results that participants in the two rehabilitative interventions got “back to normal.”

Just as the PACE paper did not report that anyone had “recovered,” it also did not report that anyone got “back to normal.”

Three months later, the PACE authors acknowledged in correspondence in The Lancet that the paper did not discuss “recovery” at all and that they would be presenting “recovery” data in a subsequent paper. They did not explain, however, why they had not taken earlier steps to correct the apparently inaccurate news coverage about how patients in the trial had “recovered” and gotten “back to normal.”

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It is not unusual for journals, when they publish studies of significance, to also commission commentaries or editorials that discuss the implications of the findings. It is also not unusual for colleagues of a study’s authors to be asked to write such commentaries. In this case, Bleijenberg and Knoop were colleagues of Peter White, the lead PACE investigator.  In 2007, the three had published, along with two other colleagues, a paper called “Is a full recovery possible after cognitive behavior therapy for chronic fatigue syndrome?” in the journal Psychotherapy and Psychosomatics.

(In their response last Friday to my Virology Blog story, the PACE investigators noted that they had published a “correction” to clarify that the 2011 Lancet paper was not about “recovery”; presumably, they were referring to the Lancet correspondence three months later. In their response to Virology Blog, they blamed the misconception on an “editorial…written by others.” But they did not mention that those “others” were White’s colleagues. In their response, they also did not explain why they did not “correct” this “recovery” claim during their pre-publication review of the comment, nor why Chalder spoke at the press conference of participants getting “back to normal.”)

In the Lancet comment, Bleijenberg and Knoop hailed the PACE team for its work. And here’s what they wrote about the trial’s primary outcome measures for physical function and fatigue: “PACE used a strict criterion for recovery: a score on both fatigue and physical function within the range of the mean plus (or minus) one standard deviation of a healthy person’s score.”

This statement was problematic for a number of reasons. Given that the PACE paper itself made no claims for “recovery,” Bleijenberg and Knoop’s assertion that it “used” any criterion for “recovery” at all was false. The PACE study protocol had outlined four specific criteria that constituted what the investigators referred to as “recovery.” Two of them were thresholds on the physical function and fatigue measures, but the Lancet paper did not present data for the other criteria and so could not report “recovery” rates.

Instead, the Lancet paper reported the rates of participants in all the groups who finished the study within what the researchers referred to as “the normal ranges” for physical function and fatigue. But as noted immediately by some in the patient community, these “normal ranges” featured a bizarre paradox: the thresholds for being “within the normal range” on both the physical function and fatigue scales indicated worse health than the entry thresholds required to demonstrate enough disability to qualify for the trial in the first place.

*****

To many patients and other readers, for the Lancet comment to refer to “normal range” scales in which entry and outcome criteria overlapped as a “strict criterion for recovery” defied logic and common sense. (According to data not included in the Lancet paper but obtained later by a patient through a freedom-of-information request, 13 percent of the total sample was already “within normal range” for physical function, fatigue or both at baseline, before any treatment began.)

In the Lancet comment, Bleijenberg and Knoop also noted that these “normal ranges” were based on “a healthy person’s score.” In other words, the “normal ranges” were purportedly derived from responses to the physical function and fatigue questionnaires by population-based samples of healthy people.

But this statement was also at odds with the fact. The source for the fatigue scale was a population of attendees at a medical practice—a population that could easily have had more health issues than a sample from the general population. And as the PACE authors themselves acknowledged in the Lancet correspondence several months after the initial publication, the SF-36 population-based scores they used to determine the physical function “normal range” were from an “adult” population, not the healthier, working-age population they had inaccurately referred to in The Lancet. (An “adult” population includes the elderly.)

The Lancet has never corrected this factual mistake in the PACE paper itself. The authors had described—inaccurately–how they derived a key outcome for one of their two primary measures. This error indisputably made the results appear better than they were, but only those who scrutinized the correspondence were aware of this discrepancy.

The Lancet comment, like the Lancet paper itself, has also never been corrected to indicate that the source population for the SF-36 responses was not a “healthy” population after all, but an “adult” one that included many elderly. The comment’s parallel claim that the source population for the fatigue scale “normal range” was “healthy” as well has also not been corrected.

Richard Horton, the editor of The Lancet, did not respond to a request for an interview to discuss whether he agreed that the “normal range” thresholds represented “a strict criterion for recovery.” Peter White, Trudie Chalder and Michael Sharpe, the lead PACE investigators, and Gils Bleijenberg, the lead author of the Lancet comment, also did not respond to requests for interviews for this story.

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How did the PACE study end up with “normal ranges” in which participants could get worse and still be counted as having achieved the designated thresholds?

Here’s how: The investigators committed a major statistical error in determining the PACE “normal ranges.” They used a standard statistical formula designed for normally distributed populations — that is, populations in which most people score somewhere in the middle, with the rest falling off evenly on each side. When normally distributed populations are graphed, they form the classic bell curve. In PACE, however, the data they were analyzing was far from normally distributed. The population-based responses to the physical function and fatigue questionnaires were skewed—that is, clustered toward the healthy end rather than symmetrically spread around a mean value.

With a normally distributed set of data, a “normal range” using the standard formula used in PACE—taking the mean, plus/minus one standard deviation–contains 68 percent of the values. But when the values are clustered toward one end, as in the source populations for physical function and fatigue, a larger percentage ends up being included in a “normal range” calculated using this same formula. Other statistical methods can be used to calculate 68 percent of the values when a dataset does not form a normal distribution.

If the standard formula is used on a population-based survey with scores clustered toward the healthier end, the result is an expanded “normal range” that pushes the lower threshold even lower, as happened with the PACE physical function scale. And in PACE, the threshold wasn’t just low–it was lower than the score required for entry into the trial. This score, of course, already represented severe disability, not “recovery” or being “back to normal”—and certainly not a “strict criterion” for anything.

Bleijenberg and Knoop, the comment authors, were themselves aware of the challenges faced in calculating accurate “normal ranges,” since the issue was addressed in the 2007 paper they co-wrote with Peter White. In this paper, White, Bleijenberg, and Knoop discussed the concerns related to determining a “normal range” from population data that was heavily clustered toward the healthy end of the scale. The paper noted that using the standard formula “assumed a normal distribution of scores” and generated different results under the “violation of the assumptions of normality.”

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Despite the caveats the three scientists included in this 2007 paper, Bleijenberg and Knoop’s 2011 Lancet comment did not mention these concerns about distortion arising from applying the standard statistical formula to values that were not normally distributed. (White and his colleagues also did not mention this problem in the PACE study itself.)

Moreover, the 2007 paper from White, Bleijenberg, and Knoop had identified a score of 80 on the SF-36 as representing “recovery”—a much higher “recovery” threshold than the SF-36 score of 60 that Bleijenberg and Knoop now declared to be a “strict criterion” In the Lancet comment, the authors did not mention this major discrepancy, nor did they explain how and when they had changed their minds about whether an SF-36 score of 60 or 80 best represented “recovery.” (In 2011, White and his colleagues also did not mention this discrepancy between the score for “recovery” in the 2007 paper and the much lower “normal range” threshold in the PACE paper.)

Along with the PACE paper, The Lancet comment caused an uproar in the patient and advocacy communities–especially since the claim that 30 percent of participants in the rehabilitative arms “recovered” per a “strict criterion” was widely disseminated.

The comment apparently caused some internal consternation at The Lancet as well. In an e-mail to Margaret Williams, the pseudonym for a longtime clinical manager in the National Health Service who had complained about the Lancet comment, an editor at the journal, Zoe Mullan, agreed that the reference to “recovery” was problematic.

“Yes I do think we should correct the Bleijenberg and Knoop Comment, since White et al explicitly state that recovery will be reported in a separate report,” wrote Mullan in the e-mail. “I will let you know when we have done this.”

No correction was made, however.

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In 2012, to press the issue, the Countess of Mar pursued a complaint about the comment’s claim of “recovery” with the (now-defunct) Press Complaints Commission, a regulatory body established by the media industry that was authorized to investigate the conduct of news organizations. The countess, who frequently championed the cause of the ME/CFS patient community in Parliament’s House of Lords, had long questioned the scientific basis of support of cognitive behavior therapy and graded exercise therapy, and she believed the Lancet’s comment’s claims of “recovery” contradicted the study itself.

In defending itself to the Press Complaints Commission, The Lancet acknowledged the earlier suggestion by a journal editor that the comment should be corrected.

“I can confirm that our editor of our Correspondence section, Zoe Mullan, did offer her personal opinion at the time, in which she said that she thought that we should correct the Comment,” wrote Lancet deputy editor Astrid James to the Press Complaints Commission, in an e-mail.

“Zoe made a mistake in not discussing this approach with a more senior member of our editorial team,” continued James in the e-mail. “Now, however, we have discussed this case at length with all members of The Lancet’s senior editorial team, and with Zoe, and we do not agree that there is a need to publish a correction.”

The Lancet now rejected the notion that the comment was inaccurate. Despite the explicit language in the comment identifying the “normal range” thresholds as the PACE trial’s own “strict criterion for recovery,” The Lancet argued in its response to the Press Complaints Commission that the authors were only expressing their personal opinion about what constituted “recovery.”

In other words, according to The Lancet, Bleijenberg and Knoop were not describing—wrongly–the conclusions of the PACE paper itself. They were describing their own interpretation of the findings. Therefore, the comment was not inaccurate and did not need to be corrected.

(In its response to the Press Complaints Commission, The Lancet did not explain why thresholds that purportedly represented a “strict criterion for recovery” overlapped with the entry criteria for disability.)

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The Press Complaints Commission issued its findings in early 2013. The commission agreed with the Countess of Mar that the statement about “recovery” in the Lancet comment was inaccurate. But the commission gave a slightly different reason. The commission accepted the Lancet’s argument that Bleijenberg and Knoop were trying to express their own opinion. The problem, the commission ruled, was that the comment itself didn’t make that point clear.

“The authors of the comment piece were clearly entitled to take a view on how “recovery” should be defined among the patients in the trial,” wrote the commission. However, continued the decision: “The authors of the comment had failed to make clear that the 30 per cent figure for ‘recovery’ reflected their view that function within “normal range’ was an appropriate way of ‘operationalising’ recovery–rather than statistical analysis by the researchers based on the definition for recovery provided. This was a distinction of significance, particularly in the context of a comment on a clinical trial published in a medical journal. The comment was misleading on this point and raised a breach of Clause 1 (Accuracy) of the Code.”

However, this determination seemed based on a msreading of what Bleijenberg and Knoop had actually written: “PACE used a strict criterion for recovery.” That phrasing did not suggest that the authors were expressing their own opinion about “recovery.” Rather, it was a statement about how the PACE study itself purportedly defined “recovery.” And the statement was demonstrably untrue.

Compounding the confusion, the Press Complaints Commission decision noted that the Lancetcomment had been discussed with the PACE investigators prior to publication. Since the phrase “strict criterion for recovery” had thus apparently been vetted by the PACE team itself, it remained unclear why the commission determined that Bleijenberg and Knoop were only expressing their own opinion.

The commission’s response left other questions unanswered. The commission noted that the Countess had pointed out that the “recovery” score for physical function cited by the commenters was lower than the score required for entry. Despite this obvious anomaly, the commission did not indicate whether it had asked The Lancet or Bleijenberg and Knoop to explain how such a nonsensical scale could be used to assess “recovery.”.

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Notwithstanding the inaccuracy of the Lancet comment’s “recovery” claim, the commission also found that the journal had already taken “sufficient remedial action” to rectify the problem. The commission noted that the correspondence published after the trial had provided a prominent forum to debate concerns over the definition of “recovery.” The decision also noted that the PACE authors themselves had clarified in the correspondence that the actual “recovery” findings would be published in a subsequent paper.

In ruling that “sufficient remedial action” had already been taken, however, the commission did not mention the potential damage that already might have been caused by this inaccurate “recovery” claim. Given the comment’s declaration that 30 percent of participants in the cognitive behavior and graded exercise therapy arms had “recovered” according to a “strict criterion,” the message received worldwide dissemination—even though the PACE paper itself made no such claim.

Medical and public health journals, conflating the Lancet comment and the PACE study itself, also transmitted the 30 percent “recovery” rate directly to clinicians and others who treat or otherwise deal with ME/CFS patients.

The BMJ referred to the approximately 30 percent of patients who met the “normal range” thresholds as “cured.” A study in BMC Health Services Research cited PACE as having demonstrated “a recovery rate of 30-40%”—months after the PACE authors had issued their “correction” that their paper did not report on “recovery” at all. (Another mystery about the BMC Health Services Research report is the source of the 40 percent figure for “recovery.”) A 2013 paper in PLoS One similarly cited the PACE study—not the Lancet comment—and noted that 30 percent achieved a “full recovery.”

Given that relapsing after too much exertion is a core symptom of the illness, it is impossible to calculate the possible harms that could have arisen from this widespread dissemination of misinformation to health care professionals—all based on the flawed claim from the comment that 30 percent of participants had recovered according to the PACE study’s “strict criterion for recovery.”

And that “strict criterion,” it should be remembered, allowed participants to get worse and still be counted as better.

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~END~

 

 

PACE Trial article follow-up: the momentum continues

November 1, 2015

Following on from my last post: there have been many developments as a result of investigative journalist David Tuller’s deconstruction of the infamous PACE Trial. I am significantly weakened by the work I have put into this project so this is just a short update for the record.

For new readers, this is the introduction from my previous post:

Those of you who read this blog regularly will know that I have lived with the illness Myalgic Encephalomyelitis (ME) for nearly 35 years. The condition is also (and misleadingly) known as “Chronic Fatigue Syndrome” and is therefore often referred to as “ME/CFS” or “CFS/ME”.

I have previously written about the controversial PACE Trial (Principal Investigator: Professor Peter White of St Bartholomew’s Hospital in London) and its highly questionable effects on the treatment of patients – see PACE vs FOIA: Access Denied. American journalist and academic, David Tuller, has now produced an in-depth article which deconstructs the Trial and re-evaluates its efficacy. I have been in contact with David during the last eighteen months and I have given him some assistance with the production of this article.

The article is published on Virology Blog which is hosted by Professor Vincent Racaniello of Columbia University in New York City.

David’s article was published over three consecutive days, starting on 21 October 2015. The links to the article and further detail are in my previous post.

Since then, the PACE team’s authors have responded to the article and David has provided his reply to that. The links are at the end of this post.

There has been a huge media spin-off from the article and the ensuing discussion. Many articles have been published and more are in the pipeline. Social media has been awash with tweets and posts. This story’s not going away any time soon.

I haven’t been able to keep a running list of all the follow-up articles arising from David’s original piece; I’m just not strong enough to do that on top of everything else. However, the #MEAction website has been keeping a wide selection of relevant information and is well worth a visit. The site is also running a petition seeking retraction of the misleading claims in the Trial. David’s own tweets can be found @davidtuller1  [Note: since I first posted this, advocate Leela Play has added a list of some of the articles generated by David’s work in the Comments section below. I’m very grateful to Leela for her input.]

Significantly, the highly respected website Retraction Watch included references to Virology Blog’s series of posts on the PACE Trial in its Weekend Reads. It is the eighth item in the list.

Thank you for reading this. I wish you well.

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These are the follow-up posts from Virology Blog:

The PACE team responds: www.virology.ws/2015/10/30/pace-trial-investigators-respond-to-david-tuller/

David’s reply to the PACE team: www.virology.ws/2015/10/30/david-tuller-responds-to-the-pace-investigators/

 

 

 

The PACE Trial: David Tuller investigates

October 21, 2015

Those of you who read this blog regularly will know that I have lived with the illness Myalgic Encephalomyelitis (ME) for nearly 35 years. The condition is also (and misleadingly) known as “Chronic Fatigue Syndrome” and is therefore often referred to as “ME/CFS” or “CFS/ME”.

I have previously written about the controversial PACE Trial (Principal Investigator: Professor Peter White of St Bartholomew’s Hospital in London) and its highly questionable effects on the treatment of patients – see PACE vs FOIA: Access Denied. American academic and journalist, David Tuller, has now produced an in-depth article which deconstructs the Trial and re-evaluates its efficacy. I have been in contact with David during the last eighteen months and I have given him some assistance with the production of this article.

The article is published on Virology Blog which is hosted by Professor Vincent Racaniello of Columbia University in New York City. For ease of access, the article is broken down into four sections with the main findings of David’s research summarised at the beginning, along with a selection of significant quotes. Its primary target is professionals ie. journalists,scientists, academics and the medical profession.

In its entirety, this is a challenging read for patients who are grappling with ME’s hallmark symptom of cognitive dysfunction (each section runs at between 4000 and 6000 words). Nevertheless, the writing style flows easily and the narrative is gripping; it is a must-read for everyone with an interest in this illness.

It was published in three stages over three consecutive days. The links to each section are below.

Thank you for reading this and David’s Virology Blog article.

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Parts 1 & 2http://www.virology.ws/2015/10/21/trial-by-error-i/

Part 3http://www.virology.ws/2015/10/22/trial-by-error-ii/

Part 4http://www.virology.ws/2015/10/23/trial-by-error-iii/

Science versus history: a snapshot of Invest in ME’s 10th annual conference

June 4, 2015

Introduction

On Friday 29 May 2015, the British charity, Invest in ME, held its 10th annual conference at the Institution of Mechanical Engineers in central London. It followed on from the two-day Biomedical Research Colloquium on myalgic encephalomyelitis (ME). [ME is also often referred to, inaccurately and confusingly, as chronic fatigue syndrome or CFS (or ME/CFS).]

The scientists who were speaking at the Conference had already had the benefit of the Colloquium in which to discuss recent research developments and foster burgeoning relationships within the international ME scientific community.

I have lived with this illness for thirty-five years. A conservative estimate puts the number of ME patients worldwide at twenty million, although diagnostic uncertainty means that this figure could be wildly inaccurate. Despite having been well-known and documented for eighty years, the disease is still not widely recognised.

There is no effective diagnostic pathway or treatment for ME. Patients are still routinely neglected and abused; this results from the disproportionate power of the psychiatric lobby (especially in the UK) which continues to trumpet the highly inappropriate psychosocial model of treatment, involving Cognitive Behavioural Therapy (CBT) and Graded Exercise Therapy (GET). 

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Conference Information

Details of the Conference can be found here. If you scroll down a little, you will see the Conference Schedule. The line-up was impressive.

Some attendees live-tweeted or compiled summaries. I am indebted to all those who did this as it created an invaluable aide-memoire and enabled me to write this post. The Phoenix Rising team tweeted here and Cort Johnson, using PR’s tweets, compiled this (slightly selective) summary in record time. Invest in ME videoed the whole conference (as always) and you can pre-order the DVD here.

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[IT’S NOW SEVERAL DAYS LATER: post-Conference PEM is taking its toll]

Conference highlights

The whole day was a highlight but these were my particular favourites:

Professor Mady Hornig kicked off the proceedings with her abundant energy and formidable intellect. She outlined her “three strikes hypothesis” ie. the intersection of genes, environment, and timing causing chronic illnesses such as ME. The work of Professor Hornig and her colleagues at NYC’s Center for Infection and Immunity at Columbia University’s Mailman School of Public Health has recently produced ground-breaking research in the understanding of this disease. Details of the two recent studies can be found here and here.

Later in the morning, Professor Sonya Marshall-Gradisnik took the podium. She and her team at Australia’s National Centre for Neuroimmunlogy and Emerging Diseases (NCNED), located at Griffith University on Queensland’s Gold Coast, have also been coming out with a series of studies, revealing differences in immune function between subsets of ME patients and healthy controls. The NCNED has been building on years of work in the field which therefore demonstrates a reassuring maturity; full details of their most recent publication can be viewed here.

Professor Marshall-Gradisnik’s commitment and compassion became evident as she spoke. Halfway through her presentation, I found that I was welling up – and yes, tears were shed briefly.

Moving on: pre-lunch, Professor Simon Carding of the UK’s University of East Anglia (UEA) introduced a group of researchers who are working on projects supported by Invest In ME. These young academics are of vital importance to the future of UK research into ME. They are:-

Each researcher introduced themselves and gave a short exposition of their Invest in ME-sponsored work. There were then some questions from the audience, a couple of which seemed unnecessarily confrontational. There is a time and a place for academic challenge; this was not it. The students were there to outline their work to the Conference; they all responded to the questions intelligently and with good humour, robustly assisted by Professor Carding. I wish them all the best for the future.

Around mid-afternoon, my level of discomfort and pain was becoming too much so I took an extended break from the Conference auditorium. In so doing, I missed the presentation by Dr Claire Hutchinson of the UK’s University of Leicester entitled “Biomarkers: Visual Processing and ME”. Subsequently, I learnt that some people found this to be a surprisingly interesting and informative session on an emerging area of study; this is the link to a description of her work here.

The final session of the day was from Professor Olav Mella and Dr.med Oystein Fluge  from Haukeland University Hospital in Norway. Professor Mella and Dr Fluge are conducting a clinical trial of the immunomodulatory drug Rituximab as a possible treatment for ME, having stumbled upon its potential in 2007 whilst treating cancer patients. The results of Phase 2 of the trial will be published within the next few weeks; Phase 3 is expected to be completed during 2017.

[Update 1: results of Phase 2 of the trial now available here

Update 2: sadly, in the final analysis, this trial did not report significant improvement for its participants].

The utter simplicity and clarity of Professor Mella’s presentation was stunning; the design of the trial demonstrates the utmost transparency, integrity and scientific rigour. And again we were treated to that special ingredient: care and concern for patients and their welfare.

So – highlights of the highlight which was Professor’s Mella’s session:

  • There will be sub-studies within the trial including endothelial dysfunction and gastro-intestinal issues
  • They are considering the possibility of testing Cyclophosphamide for those who can’t tolerate Rituximab, which is highly toxic. Cyclophosphamide is cheaper than Rituximab so could be the drug of choice. They have recently commenced a 40-patient study. Very sick patients could be included in that trial (at last!)
  • Objective measures included to monitor changes in activity levels (electronic armbands to be worn for 7 days pre- and post- treatment)
  • He addressed the political significance and impact of this trial worldwide for patients
  • He concluded by thanking Invest in ME for inviting him; he then thanked patients because “most of our ideas come from listening to what the patients tell us
  • Finally, and best of all: not once did Professor Mella refer to the illness as anything other than “ME”. He gets it.

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A low point

During the afternoon, Professor Betsy Keller gave a presentation entitled “Activity guidelines to avoid symptom flares”. Professor Keller has done some interesting work on the Two-day Exercise Test and I was looking forward to hearing from her.

After some introductory remarks, we were invited to participate in a “core stability” exercise – whilst standing, where possible. By this stage in the day, that was not an option for me – or a number of others, from what I could see. It was entertaining and probably very beneficial for those who could do it as this was inevitably a very sedentary day for most attendees. Nevertheless, I felt that this session did not chime well with the general tone of the Conference which was focussed on biomedical research, not exhortations to exercise.

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Science versus history?

At this juncture, one would normally go down the “Wonderful day! Hope springs eternal [smiley face]” route. However, the weight of history is a heavy burden and I would find that approach disingenuous. The breadth and depth of the science which this Conference represented is very heartening; perhaps it will bring us closer to the tipping-point whereby it can successfully challenge the tragic history of ME. That will not retrieve the lost lives of generations of patients – but it might give rise to grounds for cautious optimism about the future. Eventually.

There was one aspect of the day which did – fleetingly – alter my perception. In fact, I’ve already mentioned it earlier in this post, when I referred to the wave of emotion which I experienced during Sonya Marshall-Gradisnik’s presentation. For just one day, I was surrounded by people who understood the illness. I didn’t have to explain it to anyone, nor justify my lifestyle nor defend myself against the hostility of deniers and sceptics. For a few hours, not only was I permitted to be ill but my life was positively validated and my day-to-day experience reflected back to me by respected scientists, clinicians, patients and carers. It was an extraordinary and life-affirming experience.

Presumably, patients with a “real” illness can take such acceptance of their condition for granted. Until such time as that same full acceptance is achieved for ME patients, hope will remain a luxury which I cannot afford. There is only so much disappointment which any human being can tolerate in one lifetime.

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The Secret Files Unwrapped: Part 2 – Control, not Collaboration (with file download)

March 2, 2015

NOTE: since I began writing this post, the Centre for Infection and Immunity at Columbia University’s Mailman School of Public Health in New York City released the findings of a large study of ME/CFS (see below) patients. Media coverage has been extensive – although much of it is standard churnalism, rather than anything more trenchant (see my previous post). This study could prove to be a game-changer, a minor milestone or just a flash in the pan. It’s too soon to make a realistic assessment but so far the results – and the consequent extended narrative of this illness – look promising.

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Background

For those who are unfamiliar with the story of “The Secret Files” and the illness myalgic encephalomyelitis (ME), the full background is set out in the introduction to Part 1 of this post. This is a short extract (edited for clarity):

For several years, there had been considerable speculation and rumour surrounding some “secret” files on ME (the illness I have lived with since 1981) which are held in The National Archives (TNA) at Kew in London, UK. In September 2011 I used the Freedom of Information Act of 2000 (FOIA) to see if the files could be opened up.

It transpired that there were two files – one from the Department of Work and Pensions (DWP, formerly known as the Department of Social Security – DSS) and one from the Medical Research Council (MRC). The files contain documentation  about ME (correspondence, notes of meetings, background material and details of benefits claims/research applications). Both files had been reviewed and archived in the normal way during the 1990’s.

Both files contained information which was properly exempt from disclosure under the Freedom of Information Act.  They were therefore closed to the public until 2072 (DWP – pictured above left) and 2071 (MRC).

NB: this process had nothing to do with the Official Secrets Act. The files were neither classified nor secret. They simply contained confidential information. 

As a result of my work, both files are now available (although still with some unavoidable redactions). The MRC file can be downloaded by scrolling down to the bottom of this post and following the link. The DWP file can be downloaded from the previous post in this series at this link here.

It took me more than a year but the files were eventually released, although still with some redactions. It was always my intention to upload them here as soon as I was able. The files can be found elsewhere online but not everyone who has an interest will necessarily have been able to access them. My aim is to make them more widely available for academic, educational and research purposes. You can download the first file (DWP) from the end of the previous post (Part 1). The link from which to download the second file (MRC) appears at the end of this post.

What do we learn from the files?

Looking at both files, I am struck again by the abject dismissal of patient input by government agencies. It could reasonably be argued that patients are frequently viewed with contempt. The enormous cache of emails acquired in 2014 by US attorney and ME patient advocate, Jeannette Burmeister, showed a similar disregard for patient concerns. Ms Burmeister was subjected to protracted and costly resistance from the US Department of Health and Human Services (HHS) and the National Institutes of Health (NIH) in her two (connected) FOIA lawsuits. The extraordinary lengths to which she had to go to obtain the emails are detailed in her blog, Thoughts About ME (full compliance by HHS/NIH with court orders is still outstanding; blog updates will follow in due course).

The files which I obtained from TNA and the emails which Ms Burmeister extracted from HHS/NIH are separated both in space, by the Atlantic Ocean, and in time, by approximately twenty years. However, it is striking that the attitudes of the respective US and UK government agencies towards their patient populations is remarkably similar. For example, the first document contained within the MRC file comprises the “Highlights” (sic) of the CIBA Foundation Symposium on Chronic Fatigue Syndrome (sic) in May 1992. The fourth page contains this illuminating statement:

The first duty of the doctor is to support as much useful function as possible and avoid the legitimisation of symptoms and reinforcement of disability (my emphasis).

If we then compare that document with an example from Ms Burmeister’s blog, the title of this post demonstrates an almost identical attitude towards patients:

P2P FOIA Documents, Part 6 – “File all these [patient] responses. No need to answer them directly”.

In the “Secret Files”, patients are patronized and vilified; in the HHS emails (twenty years later and four thousand miles away) another branch of the same patient group is still marginalized and, in addition, is clearly regarded as a source of extreme irritation in simply having the impertinence to question the workings of the relevant agencies.

What next?

In a previous post, I observed that “we are still in an era of control rather than collaboration. If patients are not key stakeholders in this process then I don’t know who is”. The “process” in question is the presumed efforts of all interested parties – medical, scientific, administrative and political as well as patient –  to gain proper recognition and treatment via agreed diagnostic criteria and clinical guidance.

It could be argued that while patients from any disease group should have input into their own process, nevertheless that process should still be led by the medical and scientific community, under the auspices of the appropriate government agencies. I would argue that ME patients are now in a unique category. I can think of no other disease in the modern age which, having initially been regarded as hysterical or psychosomatic in origin, has remained stigmatized and untreatable for so long. Anecdotally speaking, diseases such as MS, polio, epilepsy and HIV/AIDS were all dismissed by clinicians and politicians early on in their development; all have since progressed to a stage of diagnostic near-certainty and  officially-sanctioned treatments.

In the case of HIV/AIDS, this took about twenty years. By contrast, ME was first documented more than eighty years ago but patients are still not routinely recognised as having a “real” illness and there is still no effective treatment. Funding is derisory or non-existent. This must qualify it for a unique status which justifies special pleading on behalf of its patients. This is not to detract from the interests of other serious illnesses; it is merely to restore ME to its rightful place in that group, as it was over sixty years ago.

The recent IOM report (see previous post) purports to address some of these issues but many patients do not believe that its recommendations (even if accepted by HHS) will lead to significant and rapid improvement. Without meaningful patient involvement and direction, the status quo will not change; the suffering of a twenty million plus worldwide patient population will continue indefinitely.  Collaboration must replace control.

Back to the future

I am often asked whether we can make use of the information from these files now. At this stage, practical use of their contents is limited as they are over twenty years old and their contents are “stale”. Nevertheless, the files are now available publicly as a historical record and a vital resource for researchers. There is also the additional bonus of providing evidence with which to rebut any denials of statements contained within the files that the authors/speakers actually made them in the first place.

The link at the foot of this post is for the MRC file. It is 158 pages long and is described as follows on the title page on TNA’s website: “Myalgic encephalomyelitis (ME)/ postviral fatigue syndrome (PFS): papers and journal articles; correspondence and enquiries with MRC replies”. The dates covered are 1988-1997.

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TO DOWNLOAD the MRC pdf text FILE (this may take a few minutes so please be patient):

Click on LINK HERE NatArchFD234553