About the IPT Black List
Following is a legal commentary from Alan Dumoff, Esq., the attorney of Best Answer for Cancer Foundation, on Dr. Donato Perez Garcia’s IPT Black List.
Dr. Garcia has been vigorously pursuing a campaign of false and defamatory information about the Best Answer for Cancer Foundation (BAFC), its physician organization the International Organization for Integrative Cancer Physicians (IOIP) and its many well-trained physicians who offer IPT services. Dr. Garcia’s statements are based on personal animosity he has unfortunately chosen to air in a disruptive manner that requires a response. We therefore provide the following to help patients understand the nature of and lack of validity to these claims:
– Dr. Garcia was a member of the BAFC Board of Directors from 2006 to 2008. During that time, Dr. Garcia actively trained a number of BAFC/IOIP physicians, most of whom can be found at https://bestanswerforcancer.org/find-a-physician/ and worked with BAFC/IOIP to shape the training methods used, the protocol, and our efforts to further the acceptance of this therapy and expand patient access. Unfortunately, differences of opinion about the direction BAFC and IOIP should take, including changes he wished to make in his father’s original protocol that were not agreeable to BAFC’s experienced physicians, and non-clinical issues such as what the therapy should be called, led to a mutual decision that Dr. Garcia should withdraw from the Board. As readers of Dr. Garcia’s lengthy diatribes will gather, Dr. Garcia remains very angry and believes that limiting the field to only those that recognize his sole control over training and the therapy itself is more important than the reputation of the field he helped establish.
– The IPT/IPTLD physicians certified by IOIP have undergone proper training, including: The Definition of the Standard of Care; Definition of Integrative Oncology; Basic Chemotherapy and Chemotherapeutic Drugs; The History of IPT; Scientific Overview of IPT and The Mechanism of Malignancy; The Modern Practice of IPT; Intravenous Adjuncts; Monoclonal Antibodies; Testing Methods; Functional Blood Chemistry Analysis; How to Set Up an IPT Integrative Oncology Clinic; and Oncological Emergencies.
IOIP trainers were either trained by Dr. Garcia, his U.S. counterpart, Stephen Ayre, M.D. or instructors approved by them. IOCIP certified physicians have the benefit of attending conferences which not only present the latest material but offer hands-on clinical training. Our physicians maintain their certification by attending annual conferences, at which up to 350 physicians and other medical practitioners share knowledge in a manner necessary to the proper development of quality care. The scope of these conferences can be seen at https://bestanswerforcancer.org/2016-conference/. While we honor and respect Dr. Garcia and his grandfather and father who developed this therapy for their critical contributions, family lineage does not vest a unique understanding of or the right to dictate best practices in one physician.
– Dr. Garcia claims that he owns “IPT” and “Insulin Potentiated Therapy” and “Insulin Potentiation Targeted Low Dose” (I.P.T.L.D) as registered trademarks® in the United States. These marks are not in fact registered or protected. Dr. Garcia’s credibility on these issues can be easily measured by searching for these marks at https://www.uspto.gov/trademarks-application-process/search-trademark-database. BAFC in fact attempted to support a trademark application by Dr. Garcia and his respected U.S. colleague Stephen Ayre, M.D., also on BAFC’s board at the time, but the U.S. Patent and Trademark Office refused the application because it found that the terms are merely descriptive, generic and not subject to protection. Dr. Garcia was clearly informed at the time that the application was denied and that the use of these terms are not his and not protected, and he is aware that the use of the ® and claim of trademark are false. The misrepresentation of a U.S. mark is a violation of law. While the ® is a claim of U.S. registration, as best we can determine these terms are not even registered in Mexico, nor are they internationally under the Madrid system.
– Neither short descriptive titles like “IPT” or “Insulin Potentiated Therapy,” (“Copyright does not protect names, titles, slogans, or short phrases”) nor medical protocols (“Copyright does not protect ideas, concepts, systems, or methods of doing something”) are subject to copyright. See http://www.copyright.gov/help/faq/index.html One cannot be the “author” of a medical protocol. That BAFC is violating Dr. Garcia’s copyright is a false claim. While quoting U.S. law about intellectual property may lend an aura of legitimacy to Dr. Garcia’s grievances, BAFC and IOIP physicians have not violated these laws and Dr. Garcia has not taken nor does he have a basis for taking such an action.
– There is no such thing as “medical piracy;” no one can own a medical protocol and information about medical protocols are generally widely shared. This is a critical part of the advancement of medicine and an essential value of our medical system, which places patient care over personal aggrandizement. There are no medical systems in which one person controls the dissemination of and use of a particular therapy, a matter that might be overshadowed by the force of Dr. Garcia’s denouncement until one attempts to think of another therapy owned and controlled in the manner Dr. Garcia announces as his right.
Some physicians did enter into nondisclosure agreements with Dr. Garcia that, to the extent we are aware of them, have long since expired. Clinical advances have also been made since that time, as cancer treatment is a field with rapid expanses in knowledge that BAFC/IOIP physicians have incorporated into their protocols.
– Dr. Garcia offers an alleged “testimonial” from a patient and from a family member in which they claim to have had a bad experience with two unnamed BAFC physicians. He offers this as proof that BAFC physicians are less qualified. Unfortunately, cancer patients do face very difficult circumstances and no matter what treatment is offered, many patients will not receive the results they hope for whether the treating doctor is at Sloan-Kettering or Mayo Clinic or from Dr. Garcia’s or one of IOIP’s well trained physicians. Assuming these are indeed statements from a patient and family member, it is unfortunate that they would be pulled into an argument about alleged “medical piracy” and their treatment undermined in order to further Dr. Garcia’s desire to monopolize the field.
– For a physician to circulate a “black list” of physicians claimed to be improperly trained, without personal knowledge of the qualifications of these physicians, is not only defamatory but highly unethical.
– Dr. Garcia makes these allegations from Mexico where he is out of the reach of civil suit in the U.S. While a civil suit would clarify these matters and require Dr. Garcia to answer for defamation, our intent, in any event, is to focus our resources on furthering access to quality patient care.
– BAFC is a not-for-profit organization whose officers and staff receive very little compensation but who contribute because of their recognition of the importance of these therapies. Additional information about BAFC and IPT are available at https://bestanswerforcancer.org/
Physicians offering IPT, no matter who they are trained by, are generally not oncologists and patients should make informed choices that include consultation with appropriate specialists as they make decisions. Patients should be assured that IOCIP-certified physicians are well-trained in delivering IPT therapies.
*Pls note: BAFC is not in this statement affirming that every physician attacked by Dr. Garcia was indeed certified by IOIP. Patients wishing to determine if their practitioner is IOIP certified, should search for the physician at https://bestanswerforcancer.org/find-a-physician/.