August 9 2006
Georgia Medicaid loses HBOT case (To read the judgment click here)
After a lengthy 7-year fight for reimbursement of HBOT for pediatric
brain-injury, through a court order, Georgia Medicaid must now
reimburse. Despite refusal to publish the data on HBOT efficacy by
numerous peer-reviewed medical journals, it's now been proven in a
court of law that HBOT is "necessary to correct or ameliorate"
brain-injury as evidenced by (1) the Collet study, (2) observed
clinical improvements, and (3) before/after SPECT-scan imaging.
The decision appropriately came on Wednesday August 9, 2006, the 61st
anniversary of the atomic bomb drop on Nagasaki--for an explosion of
legal requirements of similar proportions has now landed on 2
Peachtree Street in Atlanta, Georgia. This decision is expected to
also directly impact the business of Pediatric Neurology itself where
malpractice decisions will follow continued denial of HBOT. The
Undersea and Hyperbaric Medical Society (UHMS) will also be forced to
acknowledge HBOT efficacy for brain-injury or lose whatever remaining
credibility they still have.
This legal victory for every special-needs child would have been
impossible were it not for the in-person expert witness testimony of
three internationally-recognized experts on the use of HBOT for
cerebral palsy: Dr Paul Harch of New Orleans, Dr. Pierre Marois of
Canada, and radiologist Dr. Michael Uszler of California who
testified on the use of SPECT-scan imaging to determine functional
brain improvements in CP children via Hyperbaric Oxygen Therapy.
Because the Administrative Law Judge ordered direct testimony be
provided in written form, this sworn testimony can now be used by
other children in other states by way of the MedicaidforHBOT listserv
(http://groups.yahoo.com/group/medicaidforhbot/). In addition, so as
to prepare parents and attorneys in other states--as ludicrous as it
is--the sworn testimony of three pediatric neurologists will also be
freely available to all MedicaidforHBOT members. This testimony and
the legal decision itself will be available at
http://groups.yahoo.com/group/medicaidforhbot/files/ within the next
From the decision:
"Three child neurologists supported Respondent's [Georgia Medicaid]
position. A specialist in pediatric Physical Medicine and
Rehabilitation [Dr Pierre Marois], a specialist in emergency medicine
and HBOT [Dr Paul Harch], and a specialist in Nuclear Medicine [Dr
Michael Uszler] supported Petitioner's side [Jimmy Freels]. Weighing
the evidence presented, Petitioner's arguments are more
cross-disciplinary and persuasive than those presented by Respondent.
Given that the standard is "corrective or ameliorative," there is a
preponderance of the evidence that the HBOT treatments were necessary
to correct or ameliorate Petitioner's physical condition."
Respondent's denial of Petitioner's request for reimbursement of HBOT
treatment is REVERSED and the Respondent is hereby ORDERED to honor
the Petitioner's request for reimbursement for HBOT.
SO ORDERED, this 9th day of August 2006.
Steven W. Teate
Administrative Law Judge
2948 Windfield Circle
Tucker, GA 30084-6714
Here are the testimonies in the Medicaid Georgia court in june 2006 which have led to a favorable judgement for the reimbursment of hyperbaric treatments therefore establishing a legal precedent !
Dr Paul Harch testimony
Dr Paul Harch Cross examination
Dr Michael J. Uszler testimony
Dr Michael J. Uszler cross examination
Dr Pierre Marois testimony
Dr Pierre Marois cross examination
Dr Gary Miller testimony
Dr Miller cross examination