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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF SAN DIEGO

RHONA GILKEY AND JOHN GILKEY, ◄

◄

PLAINTIFF, ◄

◄

vs. • NO. 698885 '

JACOB SWILLING, PAMELA SWILLING, ◄ TOM HAMILTON, DR. WENZEL, FRANK

SALAMAN, MAUREEN SALAMAN, ROBERT ◄

BRADFORD, CAROLE BRADFORD, ◄

INSTITUTO GENESIS WEST-PROVIDA, ◄ AMERICAN BIOLOGICS, S.A. I

◄

MICHAEL L. CULBERT, RODRIGO '

RODRIGUEZ, JORGE AGUILAR, VICTOR ◄ LOUSTANAU; AND DOES 1 THROUGH 200,

INCLUSIVE, ◄

◄

DEFENDANTS. ◄

◄ I ,,

.. DEPOSITION OF MtC~AR -l. C~lBERT

Fivecoat & With Certified Shorthand Reporters, Inc. 701 B Street Suite 760 San Diego, California 92101

SAN DIEGO, CALIFORNIA

MAY 6, 1997

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1:, ,_ 1

MAY 2 7 1.9S?

i...:..~, i i , ....... : :::-:--------- !

KATRINA F. BURLASON, CSR NO. 5898

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I N D E X

DEPONENT: MICHAEL L. CULBERT

By Hr. H; l l

EXAMINATION

4

INDEX OF EXHIBITS

FOR THE PLAINTIFFS: PAGE

No. 1

No. 2

No. 3

No. 4

No. 5

No. 6

Copy of Ad on Cover of 23

"Choice" magazine, Summer 1993

12/16/88 3-page letter from 26

Bradford Research Institute

12/10/90 "General Statement 29

on Cancer Therapy at

AB-Mexico"

"Ten Host Frequently Asked

Quest;ons About American

B;ologics-Mex;co Hospital

American B;ologics-Mexico

Booklet

Culbert's Supplemental

Responses to Plaintiff's

Second Demand for Inspection

of Documents

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APPEARANCES:

FOR THE PLAINTIFFS:

Law Offices of John E. Hill By John E. Hill, Esq. First Floor 30 Hotaling Place San Francisco, California 94111

FOR DEFENDANTS MICHAEL CULBERT AND ROBERT AND CAROLE BRADFORD:

Law Offices of Richard A. Higgins By Richard A. Higgins, Esq. 4403 Park Boulevard San Diego, California 92116

FOR DEFENDANTS JACOB AND PAMELA SWILLING:

Law offices of James E. McElroy By James E. McElroy, Esq. Suite 1200 401 West A Street San Diego, California 92101

Deposition of Michael L. Culbert

taken by Plaintiffs at 1.10 Laurel Street, San Diego,

California, on Tuesday, the 6th day of May, 1997, at 11:07

a.m., before Katrina F. Burlason, CSR No. 5898, pursuant

to Notice and Stipulation.

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MICHAEL L. CULBERT,

,Having been first duly sworn, testified as follows:

EXAMINATION

BY MR. HILL:

Q. What is your name?

A. Michael L. Culbert.

Q. What 1s your address?

A. 4627 Ocean Boulevard, No.· 112, San Diego,

Ca l i f o rn i a •

Q. Hr. Culbert, have you had your deposition

·taken before?

A. Have I ever been deposed? Yes, I was

deposed.

Q. All right. How many times?

A. One time.

Q. All right. I'm sure your attorney has

explained the deposition procedure and what we're doing

here today, but let me just discuss it with you on the

record so that if there are any questions about what we're

doing, ,n your mind, we can clear those up before we

launch into this.

First of all, as you note, you've been

administered the oath to tell the truth.

A. Yes.

Q. That 1s the same oath administered in a

formal courtroom, and it applies here just as it would

there, even though we sit around informally in a lawyer's

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office.

A. Okay.

Q. One thing that's important is that you not

say "uh-huh" and "huh-uh," because those sometimes are

mistaken by the court reporter because they sound so

similar. So it's very important that for an affirmative

answer you say "yes" and for a negative answer you say

"no.~,

The penalties for false testimony that would

apply for false testimony in a courtroom likewise apply

here in a deposition. And those are the penalties for

perJury. The court reporter is taking down what we say

here today. She will arrange to have that typed up into a

booklet form. You will have the opportunity to read that

before the trial of this matter and make any changes 1n

your testimony that you feel need to be made. Those

changes, however, can be commented upon at the time of the

trial of the matter. So it's important, so that you don't

have to make changes, which could affect your credibility,

that you not guess or speculate at what my question is and

what your answer might be. So to the extent that my

questions are unclear, need to be repeated, restated,

simply let me know, and I'll be happy to do that.

A. Very we 11 .

Q. If at.. any time during the course of the

deposition you need a break, for personal convenience or

whatever, speak up. You'll be accommodated.

A. Thank you.

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Q. One th;ng that's very important 1s that you

not speak while I speak, and vice versa, because the court

reporter can only.take down one person speaking at a time.

A. Al 1 right.

Q. Lots of times lawyers, including myself, will

ask a question and pause and then add a phrase, especially

when they get tired. It's ;mportant that you make sure

I'm finished before you start talking, because a phrase

could change th~ meaning of a question.

Do you have any questions about the

procedures before we commence?

A. No. Ready to let her rip.

Q. All right. Mr. Culbert, you were born May 9,

1937, in Wichita, Kansas.

A. That's correct.

(Mr. McElroy entered the room)

MR. HI LL: just started.

BY MR. HI LL:

Q. Let's see. You graduated from Wichita High

School ,n 1955. You got your B.A. degree from the

University of Wichita, Kansas, 1960. You were a teaching

assistant at the University of Illinois

Was that Champaign-Urbana?

A. It sure was.

Q. in 1960.

A. Uh-huh.

Q. After your year at the University of

Illinois, what did you do in terms of your employment?

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A. Between finishing my degree I was ,n

Venezuela, at Caracas, Venezuela.

Q. Be careful now.

From what year to what year?

A. I was in Venezuela twice. It would be the

summer and fall of 1959 and all of 1961, part of 1960, and

'62. About a year and a half.

Q. What was your employment there?

A. I was the acting editor of a newspaper called

the Caracas "Daily Journal."

Q. What was your employment after that?

A. I'm trying to remember now. When I came back

to the United States -- oh, I was employed after that 1n

Mexico City, at the Mexico City HDaily Bulletin." I was

the translator/editor of that newspaper.

Q. And then

A. And then, when I returned to the United

States, I was at the San Leandro, California "Morning

News," then went back to Mexico City briefly -- no, not

briefly, about 18 months, for the HDaily Journal" -- or

the HDaily Bulletin," Mexico City "Daily Bulletin." Then

I returned to California and went to work at what was then

the San Francisco "News Call Bulletin" newspaper. And

stayed there until its demise about a year and a half

later. I h~pe there was no connection between those two

things. And then I went to Berkeley, California, as city

editor, and then executive editor of the Berkeley,

California ·oaily Gazette." I was there a little more

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more than 10 years.

Q. And when did you terminate that employment?

A. That would have been in March of 1975.

Q. And then what did you do after that?

A. Then I became an employee of what was then

called the Committee for Freedom of Choice 1n Cancer

Therapy, Incorporated, and I became editor of their

magazine, called "The Choice."

Q. And you rema,n 1n that position to today?

A. Well, the Committee for Freedom of Choice ,n

Cancer Therapy changed its name in 1980, I believe it was,

or -- somewhere in the '80s -- to the Committee for the

Freedom of Choice in Medicine. So one of the many hats

wear 1s as chairman emeritus for the Freedom of Choice 1n

~edicine and editor of its publication, "The Choice." So

that's continuing.

Q. All right. Are you compensated as editor of

the magazine, "The Choice" magazine?

A. I have not been compensated as ~ditor of "The

Choice" magazine directly for about two years.

Q. Is there a reason you were compensated before

but not now?

A. The structure of the committee itself changed

over those years, and it went from being, I believe, a

nonprof;t to a prof;t, and operates mostly ;n the red, so

technically I have not been compensated directly by them

for about two years.

Q. When you say "technically,» what does that

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mean?

A. Well, I mean I don't have any salary. There

have been times when I've appeared at political events and

the committee would pick up my expenses, that sort of

thing.

Q. All right. Are you compensated for your

position with the Freedom of Choice foundation?

A. No, not -- because they're really -- "The

Choice" magazine and the committee are· virtually the same

thing, so I'm not directly compensated.

Q. I see.

All right. After 1975, have you had any

other income-producing activities?

A. Yes. I'm an author and co-author of 17

books. I've written a lot of books and articles, magaz1ne

articles.

Q. And the subject matter of the books and

articles is alternative medicine?

A. Well, essentially it's medicine, medical

politics, medical economics, what many are calling

alternative medicine, yes.

Q. And you get royalties from these books --

A. I get royalties --

Q. You've got to wait until I finish.

A. I'm sorry.

Q. You get royalties from these books and

articles?

A. Yes.

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Q. From 1975 to the present, have you had any

other income-earning activities?

A. From 1970? I

Q. '75 to the present.

A. Yes. I am the director of information of the

American Biologics-Mexico hospital in Tijuana. So I'm

compensated for that. I have established a partnership

called C & C Communications, that publishes books, three

years ago. And just this year I established the

International Council for Health Freedom, which has not

made any money yet. I hope it will. Let's see. Is there

anything else? Oh, let's see. I give speeches sometimes,

and the speeches may, on rare occasions, be compensated.

Q. And are those speeches generally in the

alternative health field?

A. They're usually ,n the medical -- what we're

calling a fight for medical freedom of choice.

Q. And you said that you were the director of

information for American Biologics

Is that the title?

A. Yes.

·MR. HIGGINS: What ~as the title that you

actually used?

THE WITNESS: Well, director of information

for American Biologics, S.A. Medical Center.

THE REPORTER: I'm sorry, I lost it.

THE WITNESS: American Biologics Mexico, S.A.

Medical Center.

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I should point out I've served interm;ttently

as v;ce-pres;dent of Amer;can B;olog;cs-Amer;ca over the

years. I had some compensat;on for that.

BY MR. HILL:

Q. As d;rector of ;nformat;on for American

e;olog;cs-Mex;co, we'll call ;t, what have been your

duties?

A. Basically th;s involves prov;ding ;nformat;on

to people who contact our office, the office of American

B;olog;cs ;n California--part of which prov;des

;nformat;on to the hosp;tal--;s to let people know what we

do. They have quest;ons about what are -we treat;ng, how

do we treat, who the doctors are, what the cost ;s, and

how ;t works, ;f they're to be picked up at the a;rport,

if they're to be in a hosp;tal or hotel. So ;t's bas;c

;nformat;on on the therapies and results of the therapies,

providing names of patients who have been treated at the

hospital, and things of that nature. Sometimes background

on the doctors that are there.

Q. What is the address where you work and

perform your duties as American Biol~gics' ;nformation

director for Mexico?

A. Well, right now I do as much out of my home

office as. anywhere else. I'm .also at the American

Biologics Chula Vista office at 1180 Walnut, Chula Vista,

several days a week. And it would be those two areas

where I'm functioning as information director.

Q. Do you also serve as information director for

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American Biologics-America?

A. No.

Q. Your title with American Biologics-America

was vice-president?

A. Yes.

Q. When did you serve 1n that capacity?

A. Well, it has -- the nature of that

organization has changed over the years, but it would be

intermittently since, oh, 1978 to the present time.

Q. Are you an officer of American ~--------...... ----- }

Biologics-M~

A. No, I haven't

MR. HIGGINS: Objection, calls for a legal

conclusion.

To the extent you can answer it, go ahead.

A. 1 'm not an officer. The only posi_tion I've

ever had with them is director of information. ~

BY MR. HILL:

Q. Who appointed you to that position?

A. That's a good question. When the original

medical staff was set up under other names 1n 1975, the

Mexican administrators at that time thought I would be a

good information director, and that was -- that goes back

to 1975.

Q. Whom do you report to today as information

director for American Biologics-Mexico?

A.

Q.

It would be Dr. Rodrigo Rodriguez, M.D. ~------ ' Who owns American Biolog,cs-Mexico?

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A. To the best of my knowledge--and this has

changed, I think, over the years, too--;t•s.. a Mexican

corporate structure in which Dr. Rodriguez is either

totally the owner or at least the con~~r of it.

have not been privy over the last several years about the

structure of it, but Dr. Rodriguez is certainly the -----­owner-operator of American Biologics-Mexico.

Q. What is the relationship of American -----. Biologics-America and American Biologics-Mexico?

MR. HIGGINS: Objection, vague.

Answer to the extent you can.

A. Well, to the best of my knowledge, American ---Biologics 1n Chula Vista at least at one point had a -----contractual relationship with the hospital as an

information agent for the hospital. And th;nk that 1 s,

as far as know, the only relationship. And they have -------the right to use our -- the name American Biologics as

pa rt of that re 1 at i onsh i p. ---BY MR. HI LL:

Q. Who had the name first?

A. American Biologics in California had the name

first, as far as I recall. This goes way back.

Q. What are your duties as vice-president of

American Biologics-America?

MR. HIGGINS: Objection, misstates his

testimony.

MR. HILL: What's that?

MR. HIGGINS: Misstates his testimony. What

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were your duties when you were?

BY MR. HILL:

Q. I'm sorry. What are your duties or what have

been your duties as vice-president of American

Biologics-America?

A. often have been referred to as

vice-president for intern~; rs, which really

means -- although I haven't done much of the international

affairs in the last few years. Would answer inquiries

from foreign hospitals and foreign doctors and foreign

patients and foreign researchers about the products of

American Biologics in Chula Vista.

Q. What are the products of American Biologics

in Chula Vista?

A. They basically are what we call medical

What do we call them? -- pharmaceutical compounds,

metabolic pharmaceutical compounds, meaning vitamins,

amino acids, pharmaceuticals, enzymes, other nutrients,

and microscopy systems. Within the last five years --

MR. HIGGINS: You started to say within the

last five years --

THE WITNESS: Particularly within the last -----five years the microscopy systems have been a big ------component of American Biologics.

BY MR. HILL:

Q. Do you rece1ve a check from American

Biologics-Mexico for your work there?

A. I receive -- yes, I do receive compensation

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from Amer;can e;ologics-Mex;co.

Q. And how are you compensated? -A. You mean the amount or how --

HR. HIGGINS: He's just asking how

logistically

A. Basically have a check that covers --........_ consultation services for the hospital.

BY HR. HILL:

Q. Are you paid a salary or are you paid so much

an hour? What is the form of compensation?

A. I'm paid as a consultant. So, therefore,

it's not usually a fixed fee. It may vary from time to

time.

Q. Do you rece,ve a check from that institution

on a monthly basis or --

A. It 1s usually..B_monthly basis, yes.

Q. Do you rece1ve a separate check for your

duties as vice-presid~ American Biologics-America?

HR. HIGGINS: Again, are we saying when he

held that position? Because I don't think he does now.

BY HR. HILL:

Q. We 11, let's clear that up. I misunderstood.

I thought you said you are still

vice-president of American Biologics-America. If I'm

wrong, correct me. Tell me when you served as

vice-president of American Biologics-America.

A. Well, I think the answer is I have

intermittently been all these things. And occasionally,

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if I have expenses that relate to the American Biologics

Chula Vista company, then I'm compensated for expenses.

And that could still be continuing. People frequently do

ask me, "What a re you doing here?" And I say, we 11 , I 've

got four or five hats. And one of the hats is

vice-president of American Biologics Chula Vista, so that

has involved less and less of my time.

MR. HIGGINS: So, Counsel, I guess the

question 1s are you compensated or have you been

compensated by the Ame_!:.jsan entity

THE WITNESS: Yes.

(for the , for the

MR. HIGGINS: -- ior work that you performed

American entity exclusive of the work you perform

Mexica~ \.

BY MR. HILL:

Q.

A.

Q.

A.

--THE WITNESS: Yes. Yes.

How are you paid, do you get a check -­'---..__----·

Yes.

-- from American Biologics-Mexico? ·---~-----·

Yes.

Q. And do you get a check, separate and distinct

. ----check, from American=Biolog.ics-America?

A. Yes.

Q. And the check from American Biologics-America ;

1s for expenses only, or is it expenses plus time or what?

A. Well, normally it's -- 1n the last several

years it's only been for expenses. It may be a hotel

room, it might be part of an air fare. It might be

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anyth;ng ;nvolv;ng my representat;on of the company.

Q. Now, you said part of your duties as

vice-president ofiAmerican Biologics-America is

corresponding with foreign doctors or what have you about

amino acids, vitamins, minerals, microscopies, and so

forth.

A. Correct.

Q. How are you compensated for the time you

spend corresponding with foreign doctors, et cetera, about

these things?

A. We 11

MR. HIGGINS: Objection, vague as to time.

So to the degree you can answer, go ahead.

A. Again, in the last few years there's been

less and less of that on my part. But in the times when

was doing this, I would normally put through an expense

voucher saying I spent 'X' amount of time on this project

~nd I went here, I went there, and they would pay me that

way. So it would be an ever-changing amount of money. --····· MR. HIGGINS: You're going to have to slow

down, for all of us.

BY HR. HILL:

Q. And have you been paid for the time that

you've spent or only the expenses? '---.

A. Well, I have been paid for both.

Q. What~~ Communications?

A. C & C Communications is a partnership that ·---·->--

set up three years ago with its headquarters at my home

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off;ce, and ;ts funct;on ~o~~s and

magazines.

Q. And you do that out of your home?

A. Correct.

Q. Where is the phone number (619} 429-8200?

Where does that r;ng, what address?

A. That is at American e;ologics Chula Vista.

Q. Who are your partners in C & C

Communications?

A. Dante Camino is my single partner.

Q. At what address do you perform your duties as

director of information of American Biologics-Mexico?

MR. HIGGINS: Asked and answered.

Go ahead.

A. Well, yes, at my home office, and also 1n

Chula Vista-.---

BY MR. HILL:

Q. 1180 Walnut?

A. Correct.

Q. And do you also work for the Bradford

Research Institute?

A.

the Bradford Research Institute intermittently since its

establishment,, the date-of-- which escapes me --

1981.

think

·----· MR. HIGGINS: Try to just answer the

question. He'll ask a follow-up if necessary.

THE WITNESS: So the question is have I ever

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been pa;d by them? Is that it?

MR. HIGGINS: I th;nk ;twas did you ever

work for them, for the Bradford Research lnst;tute.

---------THE WITNESS: Oh, okay. Yes. Yes.

BY MR. HILL:

Q. And you've been a writer for the Bradford - ·--·------·

Research lnst;tute?

A. Correct.

Q. And.-Y.Q.Y-we-re paid as a wr-iter for. the

Bradford Research Institute?

A. Correct.

Q. And you did that work at 1180 Walnut Avenue,

Chula Vista?

A. Most of t:ie time I did the work there, yes.

Q. Do you spend any time at American Biologics

1n Mexico?

A. I often am there on Wednesdays. I talk to --- . patients there when they have questions about -- if they ---------came through our Chula Vista -­..-----

MR. HIGGINS: The question was if you were

ever there.

THE WITNESS: Yes. I answered yes.

BY MR. HILL:

Q. That's located 1n Tijuana?

A. Correct.

Q. And you said you'd generally go down there on

Wednesdays?

A. Yes.

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Q. When you go down there, what do you do?

A. I normally g;ve a talk to pat;ents.

Q. On what su'6Ject or

A. On anything that's bugg;ng them.

MR. HIGGINS: Slow down. Let him f;nish. If

I wanted to object, there would be no way I could get it

1 n .

THE WITNESS: All right.

BY MR. HILL:

Q. You say you talk to them about anything

that's bugging them. What are the general subject matters

of the d;scussions concerning that?

HR. HIGGINS: Objection, ;rrelevant, not

1;kely to lead to admissible evidence.

Go ahead. You can answer.

THE WITNESS: I can answer that?

A. We~~-ts of their protocols or

whether the doctors or nurses they are dealing with ·-----· understand English enough to handle the bedpan problem

or -- many times patients who are newly arrived are

mystified about the nature of the therapies that we do.

And so I'm there to handle, to the extent that I can, the

questions they have on therapies. And so that's -- and

that can go on one hour, two hours, three hours, every

Wednesday.

BY HR. HILL:

Q. Did you go there 1n 1992?

A. Yes.

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Q. On Wednesdays?

A. 1 'm not sure of the dates. Probably it would

have been Wednesdays, yes. r---

Q. Did you ever meet Rhona Gi 1 key or John

Gilkey, the plaintiffs in this action?

A. I don't remember ever meeting either one of

them.

Q. Does American Biologics-Mexico have an

international admissions office at 1180 Walnut Avenue 1n

Chula Vista?

MR. HIGGINS: Objection, vague as to time.

Answer if you can.

BY MR. HILL:

Q. In 1992 and before.

A. Well, they have a -- it's not -- we don't

call it the admissions office per se. It's the -information office.

Q. Let me show you, Mr. Culbert, a ~"The

Choice," Sunvner 1993 edition. "- A.

Q.

Um=-hmm.

Did you play any part 1n the getting out of

that publication?~

A. Yes. normally do edit it, and I normally

write the headlines. And certainly I did for that one. ·----

Q. Let me just call your attention to the back

cover. It appears to be an ad for American

Biologics-Mexico. And under that it refers to the

International Admissions Office

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A. Correct.

MR. HIGGINS: Slow down.

BY MR. HILL:

Q. Does that refresh your recollection that the

international admissi~ office for American

Biologics-Mexico is at 1180 Walnut, Chula Vista?

MR. HIGGIN~n, assumes facts not 1n

evidence, lacks foundation.

Go ahead.

A. Wel 1, it's certainly an office there, and it

is an information office. I'm not really comfortable -­

we don't admit anybody through that office. There was a -----.

time in the 1980's where -- or even late '70s where it may

have functioned in the sense that a patient, if it goes

back that ·far, might have stopped there on the way to the

hospital. But that has not been true for a very long

time. So it's really inappropriate to call it an

admissions office.

BY HR. HILL:

Q. But you did call it the international

admissions office

A. Yes.

MR. HIGGINS: Let him finish.

BY MR. HILL:

Q. 1n the Summer 1993 1ssue of "Choice;" 1s

that correct?

MR. HIGGINS: Objection, assumes facts not 1n

evidence, misstates his testimony.

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He didn't say he -- you haven't laid a

foundation with respect to that ad.

A. Well, I did not design the ad, so I don't-~

we take an ad from A.8.-Hexico. It's in there, and I'm

not really responsible for the ad.

BY MR. HILL:

Q. Well, what role did you play, say 1n the

laying out, if any, of the presence of the ad on the back

MR. HIGGINS: Objection, vague.

Go ahead.

A. If I get an ad from anywhere, a paid ad, then -------, I put it in the magaz_j ne, 1 i ke I wou 1 d photos or text. -----------

And we've long had an ad on the back page from

A.B.-Hexico.

BY HR. HILL:

Q. And that's -- so that's what you did with the ,---_

ad that's on the back page of the Summer of 1993 --

A. To the best of my recollection, it is. ,.__../

Q. Okay. I '11 ask that that ad on the back

cover that we've been talking about be marked as

P 1 a inti ffs' 1.

(Plaintiffs' Exhibit 1

marked for identification)

BY MR. HILL:

Q. Are you famil;ar with the Panodenn

Corporation, P-a-n-o-d-e-r-m?

A. I certainly have heard the word Panoderm.

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Q. Do you know who owns that?

A. No.

Q. Is American Biologics-America a corporation?

MR. HIGGINS: Objection, calls for a legal

conclusion.

To the extent you know, you can answer.

A. I don't know exactly what it is now.

think -- I just don't know what it 1s.

BY MR. HILL:

Q. Correct me if I'm wrong, but I think The

Choice foundation is a nonprofit corporation?

A. The Committee for Freedom of Choice 1n

Medicine is, I believe, due to error, an actual for-profit

corporation. The old -- what it replaced, the Freedom of

Choice 1n Cancer Therapy, was ;-nonprofit organization.

Q. Do you know who the owners of the shares of

the corporation are?

MR. HIGGINS: Objec~ion, calls for a legal

conclusion, vague and ambiguous.

To the extent that the entity might be

nonprofit, go ahead.

A. I've never heard of any stocks com1ng out of -------

there. The Committee for Freedom of Choice in Medicine

has officers, and we 1 is~_ them in the magazine.

MR. HIGGINS: I should probably interpose

an -- oh, can't really call it an objection, but a

statement that this deponent has not been designated as an

expert with respect to business entities. His testimony

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1s not being presented for that purpose. There may be

confusion in his mind between qualifying as a 501(()(3)

corporation for purposes of contributions bej_ng tax exempt

versus profit and nonprofit entities and the relationship

between those two designations.

BY MR. HILL:

Q. Have you ever served as vice-president of

American Biologics-Mexrc-o1

A. --have not -- I've served only as

vice-president of Ameri~;n Biol6gics. ._____

MR. HIGGINS: Referring to the American

entity?

THE WITNESS: Yes.

MR. HILL: We'll mark as Plaintiffs' 2 a

-------three-page letter on the headline "Robert W. Bradford

Research Institute," 1180 Walnut Avenue, Chula Vista,

California, dat:d Decembe___r __ .16, 1988, addressed, "Dear

Friend of Medical Freedom of Choice," a three-page

document.

BY HR. HILL:

(Plaintiffs' Exhibit 2

marked for identification)

THE WITNESS: When is this dated? '88?

THE WITNESS: Yes.

Q. With reference to Plaintiffs' 2, Mr. Culbert,

were you the author of Plaintiffs' 2? ----A. I'm trying to -- this goes back to 1980 -- I

would have had a hand in this letter, yes.

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Q. And are you one of the persons who signed the

letter? --· A. Yes,,that's my signature.

Q. And when you signed it, did the titles below

your name appear there?

A. Yes.

Q. And one of the titles was vice-president

American Biologics-America and American Biologics-Mexico;

'---- -------· is that correct? ·-

MR. HIGGINS: Objection, it mischaracterizes

the statement. The document speaks for itself. And

either you can read the entire text, if you want to

publish it, or I '11 instruct him not to answer. mean,

the entire text of his titles and not categorizing the

last several words as two -- as one separate title.

don't agree that that would be one title.

BY HR. HILL:

Q. All right. When you signed this, ----

Mr. Cu 1 bert, did the words "Chai nnan, Convni ttee for

Freedom of Choice in Hed-i-cine., Inc." and "Vice-president,

American Bio 1 og i c:; ___ i:\ nd Amer i <:.~-!!.--~_i o 1 og i cs-Mexico, " as set

forth 1n Exhibit 2, appear_ the re?

A. When signed this, did they appear there?

Q. Yes.

A. I hate to use the word ,, ,,

but I assume assume,

they did a ppea..r: ... :t-he-re because I signed this. This is

what, nine years ago? -MR. HIGGINS: Do you have any independent

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recollection of whether or not this language below your

typed name appeared there at the time of sign;ng?

THE WITNESS: don't have any recollect;on

of anyth;ng here, although th;s letter looks 1;ke

something I would have wr;tten during the Herbert suit.

don't remember all these th;ngs.

BY MR. HILL:

Q. Does that appear to be a copy of your

signature?

A. It does.

Q. Does that refresh your recollection that at

some point you served as vice-president of American

B;ologics-Mexico?

MR. HIGGINS: Objection, misstates the

testimony and mischaracterizes the language.

You can answer the question if yoy

A. Well, the only thing I ~e been with American --...._

Biologics-Mex;co is director of information. Now, the -­

MR. HIGGINS: You've answered the question.

BY HR. HILL:

Q. I have some -- var,ous brochures here,

Mr. Culbert. What I'm going to ask you to do is if you

would sort through them and identify any that you have

been the author of.

MR. HIGGINS: Go ahead. I'm going to

interpose an objection that it's irrelevant, not likely to

lead or calculated to lead to admissible evidence.

A. Do I go one by one, or how shall I do this?

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BY MR. HILL:

Q. If you would go through this and just put the

ones that you have authored in a pile and the ones that

you didn't author in a separate pile.

A. Well, would there be a third category where I

contributed but didn't author?

Q. Al 1 right.

A. Like I signed this. did write this. I did

not directly lay that out.

Q. Okay. There's a pile there so that -­

Let's go off the record.

A . A 11 ri ght .

(Discussion off the record)

BY MR. HILL:

Q. Let's go back on the record.

Mr. Culbert, have you gone through the pile

of documents that I've provided you and come up with a

pile that you authored?

A. Correct.

MR. HILL: I '11 ask that those be marked

Plaintiffs' 3.

(Plaintiffs' Exhibit 3

marked for identification)

BY MR. HILL:

Q. And you have.some other documents that you

were a contributor to; is that correct?

A. Yes.

Q. Before we mark those, has your contribution

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been generally the same in all of them or can you define

specifically with respect to each what your contribution

was?

A.

Bradford,

To the articles that are signed by Robert

would have edited those 4n the sense that his

spelling is not very good. And to the b~ochure, which

many people over the years~orked on, I would have

contributed some paragraphs and some ed~tinf-

MR. HIGGINS: I woul~1on-·you not to

categorize things that you simply edited for grammar and

spelling as pieces that you contributed to.

THE WITNESS: Okay. Then I didn't really

contribute.

Those are the things that I really wrote.

BY MR. HILL:

Q. Okay. The ones that you just edited for

grammar and spelling, why don't you just set those aside,

if you would.

A. Okay.

Q. Are there some 1n that pile that you actually

made a contribution to other than just editing for

spelling and grammar?

A. I would have contributed to this "Ten Host -·---

Frequently Asked Qu~e~s~t~i~o~o~s~·-"-......_~c~o~o~t~r~i~b~u~ted to that. -----Q. And what would you have contributed?

A. Basic data, I believe, on how many patients ~

have been treated and the nature of things we treat.

MR. H I LL: Okay-~ mark "The Ten Most

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Frequently ~QJl!.:_ as Plaint;ffs' 4.

(Plaintiffs' Exhibit 4

marked for identification) I

BY MR. HILL:

Q. The ones that you just edited for grammar and

spelling, would you just set those aside.

A. 1'11 set this aside. I '11 set that aside.

Here would have contributed

Q. Okay. let's identify the one you're

referring to now as Plaintiffs' 5.

A. These a re the same , I th; n k, parts a re the

same.

Q. All right. And let's mark as Plaintiffs' 5

this brochure, "North America's Most Advanced Integrative

Medical Center."

(Plaintiffs' Exhibit 5

marked for identif;cation)

BY HR. HILL:

Q. What did you contribute to 5?

MR. HIGGINS: I think he said this was the

same, Counsel.

HR. HILL: It's just the same as the one

page.

A. I would have -- I'm just trying to recal 1,

but I would have contributed updated information on the

things that we treat. There's a paragraph here that I

would recognize for sure that I contributed.

MR. HIGGINS: So for the record you're

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referring to Page 2 of Exhibit 5, Paragraph 6 -­

THE WITNESS: -- or 7.

edited.

way.

MR. HIGGINS: Paragraph 7.

THE WITNESS: Yeah.

And everything else, I would s;mply have

mean I would not have contributed ;n a research

BY MR. HILL:

Q. Did you at some point come into possess1on of

Rhona Gilkey's chart from American Biologics-Mexico?

A. Did I personally?

Q. Yes.

A. Yes.

Q. When did you personally come into possess1on

of her chart?

A. That would have been last week.

Q. Can you describe the circumstances wherein

you came into possession of it.

A. Well, I was contacted by our attorney so -­

MR. HIGGINS: Just tell him the

circumstances. Do not describe any discussions or

conversations you had with me.

THE WITNESS: Oh, okay.

A. I came in possession of this -- of the Gilkey

case because of th;s legal case.

BY HR. HILL:

Q. All right. I mean did you go back down to

American Biologics in Mexico and get it? Did they mail it

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to you? What were the mechanics when you came --

A. I physically saw it at our hospital -- at the

hospital in Mexico.

Q. Did you go down there --

A. Yes, I did.

Q. And you asked someone for it?

A. Yes, I did.

Q. Whom did you ask?

A. I asked the business manager and an employee

about the fastest way to get hold of the Gilkey file. And

so between the two of them, I got it.

Q. Okay. How did you get it?

A. Okay. Well, I was sitting 1n a room, and an

employee named Renee Sanchez physically bro~ght it to me.

Q. Okay. Had you inquired about it before you

went down to Tijuana to get it, or did you just show up

and say, "I want it," and they brought it to you?

A. I don't recall exactly. I was already at the

hospital, and I knew that we were interested in the case.

So I wanted to see the file. So I just went through

normal channels to see the file.

Q. And you asked Renee Sanchez to bring you the

A. No. I asked Socorro, who 1s our business

manager, and I asked Juan Aguilar, who 1s a secretary, and

they had Renee Sanchez do that.

Q. How much time passed between the time you

asked them and the time that Renee was asked?

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A. Oh, minutes.

Q. All right. So you're in a room and you're

sitting there, and minutes after you asked for the file,

Renee Sanchez brought it to you?

A. Correct.

Q. And let me show you what has been marked

Bates stamp 1 through 27, Michael Culbert's Supplemental

Response to Plaintiffs' Second Demand for Inspection of

Documents, and ask if Pages 1 through 27 is a true and

correct copy of the file that Renee Sanchez handed you

just -- believe you said a few days ago.

MR. HIGGINS: For the record, I'd like to

interject, Counsel, you've been advised that I prepared a

subpoena duces tecum. I accompanied Mr. Culbert or asked

him to accompany me to the hospital for purposes of

getting me there as well as translating. I never did have

to serve the subpoena duces tecum on this foreign entity,

so I never had to cross that bridge whether or not I was

obtaining something beyond the subpoena power of the

court. But that was the time that we came into possession

of this.

( P 1 a ·1 nt i ff s ' Exh i bi t 6

marked for identification)

THE WITNESS: This does look like her record

that I saw.

BY MR. HILL:

Q. All right. When you were handed the

original, then what did you do with the original?

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A. What d;d I do with the origi na 1?

Q. Did you leave it there or keep it or g1ve it

to someone else?

A. The or;g; na 1 stayed 1n the hospital.

Q. Al 1 right. And how did you make the

arrangements to copy the origi na 1?

A. It was copied there.

Q. All right. So you were handed the original,

then you got it copied? Or did she hand you --

A. I had -- Renee copied it.

Q. So she gave you the original, and then you

said, "Renee, would you please make me a copy"?

A. Yes.

Q. And then that was delivered to your attorney?

MR. HIGGINS: I was there at the time.

HR. HILL: He got it to you is all I'm

asking.

A. Yes.

BY MR. HILL:

Q . A 11 right .

HR. HIGGINS: For clarification, I did tell

counsel this yesterday. There is one document in there

consisting of two or three days -- or I should say three

or four days of doctors' notes, and it was

HR. HILL: Would that be 27?

HR. HIGGINS: That would be 27.

And it was after requesting a copy of the

file and during my discussions with Dr. Loustaunau that he

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recalled that there may be add;t;onal ;nformat;on on the

computer. He left and came back w;th someth;ng that he

represented to have been pr;nted off the computer. And

that ;s No. 27, wh;ch we ;ncluded ;n our

MR. HILL: Was Mr. Culbert present when that

took place?

THE WITNESS: Yes.

BY MR. HILL:

Q. And that all happened ,n the same v;sit?

A. Yes.

Q. Before receiving Mrs. Gil key's chart, which

contains 27 pages, had you ever seen the chart before?

A. Her chart?

Q. Yes.

A. I never saw her f i 1 e, comp 1 ete f i 1 e, unt i 1 ,

when was it, last week.

Q. You say you never saw her complete file. Did

you see parts of her f i 1 e?

A. Well, originally when we were served

notification of the suit, years ago, as a matter of

interest I wanted to know have we ever treated a person by

this name. ~nd it just -- in a computer, that her name

was there and that she had been at the hospital. That's

all that I saw or knew about the case.

Q. All right. You say there was a computer?

A. (Witness nodded.)

Q. And where was the computer?

A. The computer's in Mex; co. It says that

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all -- Anybody who's come into the hosp;tal for any reason

for treatment, there's usually a name and a date or at

least a name that's there. 1And that's what I looked at.

Q. Other than that, have you ever seen any part

of Mrs. G;lkey's f;le before a few days ago, when you

obtained what has been marked as her chart or what has

been produced as her chart?

A. Before we went down to look at it? I, if I'm

recalling this correctly, asked Dr. Loustaunau ;f he had a

file on her, just so I would be updated on what this 1s

all about. And I saw that maybe -- I don't know, maybe

three or four days before last week. I never really saw a

complete file on her till last week.

Q. Okay. So when yo~ talked to Dr. Loustaunau,

that was about three or four days before you went down to

get the chart?

A. Yes. When I was· in the hospital on one of my

Wednesday visits, I said I'd like to see what this is all

about .

Q. Did he show you the chart at that time?

A. Or somebody from the business office had

me -- let me see. it. I'm trying to remember this the best

I can, because of all the things to worry about, this was

not high on my list.

Q. All right. So you asked Dr. Loustaunau, and

he arranged for you to see the chart?

A. He -- yes.

Q. And was that the same chart that has been

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marked as Pages 1 through 27?

A. To the best of my recollection, yes.

Q. Other than the occasion when you saw

Mrs. Gilkey's name on the computer, the time when you

talked to Dr. Loustaunau and saw the chart on that

occasion when you were down there for that Wednesday

visit, and the time that you described when you went down

with Mrs. Higgins, got the file, and gave it to him, have

there been any other occasions when you've seen any of

Mrs. Gil key's records from American Biologics?

A. I don't believe --

MR. HIGGINS: This question 1s different.

Any of her records, not seen her whole file.

THE WITNESS: Any of her records?

BY MR. HILL:

Q. From American Biologics-Mexico.

A. I can't recal 1 seeing any of her records

other than these three incidents I mentioned.

Q. When you looked at the chart on the Wednesday

when you were down there and had spoken with

Dr. Loustaunau, did you actually go through the chart .and

read portions of it?

A. My recollection 1s I wanted to see what was

her diagnosis, and that's all I was interested in.

Q. All right. And what did you determine her

diagnosis to have been as recorded in the chart when you

looked at the chart when you were down there that

Wednesday with Dr. Loustaunau?

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A. Reading t~e chart, it spoke to primarily to

the lumbar pa1n, pa1n 1n the back.

Q. When you looked at the chart, when you went

down with Mr. Higgins to get it, did you look at the chart

aga1n with respect to the diagnosis?

A. I looked at the chart 1n more detail at that

time.

Q. And was the diagnosis the same or different?

A. The diagnosis

MR. HIGGINS: Objection, vague and ambiguous.

You're asking him if he, in looking at it in more detail,

noted something different, or are you asking him was there

a change in the chart?

MR. HILL: Let me clarify it, then.

BY MR. HILL:

Q. The part that you looked at the first time on

Wednesday with Dr. --

A. Loustaunau. It's an odd.French name.

Q. Loustaunau, was there any different part

from what you looked at the next time you saw it? Was

there anything~- was there any change from the part you

looked at the first time?

A. I saw no change at all.

Q. All right. Did you have any discussion with

Dr. Loustaunau concerning the complaints that Mrs. Gilkey

had when she was at American Biologics or the treatment

that she received when she was there?

A. I did.

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Q. And was that the day that you were there on a

Wednesday and asked to look at the chart?

A. I talked to him on that Wednesday. At some

point following the filing of the suit I would have had a

telephone conversation, because we're not used to being

sued. But other than that, the first time we discussed

this case in detail was last week, when the attorney was

there.

Q. Are you able to recall the conversation that

you had with him by telephone?

A. I can't recall details, other than I -- my

pr1mary concern with this was making sure was there a

patient down there. And that's what

determine, so we'd know there was one.

really wanted to

MR. HIGGINS: Try to just answer the

question, please.

BY HR. HILL:

Q. So the telephone conversation you had with

Dr. Loustaunau was simply to establish that Mrs. Gilkey

had, in fact, been a patient of American --

A. That was it, yes.

Q. You've got to wait until I finish.

A. I'm sorry.

Q. When you had the more detailed conversation

with them, that was what, two or three weeks ago?

A. It was whatever date we were there. And

don't recall when that was. Ten days ago? Something like

that.

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Q. All right. And how long did you meet with

Dr. Loustaunau and discuss Mrs. Gilkey's case?

MR. HIGGINS: Objection, vague as to time.

BY HR. HILL:

Q. Referring to the time when you met with him

separate and apart from the telephone conversation.

A. Perhaps an hour.

Q. And what did Dr. Loustaunau tell you about

the complaints that Mrs. Gilkey had, any treatment she

received at American Biologics, or any diagnoses that he

made?

A. In general he was say1ng he had to rev1ew the

notes himself, since we've seen thousands of patients.

That based on what he saw on the notes and refreshing his

own memory, she had received, under all 'the circumstances,

prompt, effective, competent therapy.

Q. Did he describe the therapy that she

received?

A. He did, when I asked questions. I said,

HWhat is this,H and he would say this is what we did. So

he did describe it.

Q. A 11 right. Did you actually go through the

chart and discuss entries 1n the chart with him?

A. We discussed some entries in the chart .

Q. Do you reca 11 generally the conversation you

had with respect to the treatment that she was provided?

A. I recall that -- first, I wanted to know

when

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please.

BY HR. HILL:

(Last question read)

THE WITNESS: Yes.

Q. And what general conversation do you recall,

what information did he impart about the treatment that

Mrs. Gilkey had been provided?

A. Well, what I just said: That it was

professional, correct, timely, and therapeutically sound.

Q. All right. Do you remember any of the

details of the treatme~t that she was provided?

A. Yes.

Q. And what details did he discuss with you?

A. s-e1:ween ··what he discussed and what is in the

chart, he began with massive Penicillin therapy,

suspecting a bacterial infection, later followed this with

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provided her with diet, vitamins, minerals, enzymes,

checking of vital signs several times a day. All the

standard things that we normally would do if we have an

unannounced patient arrive unexpectedly with an unknown

diagnosis.

Q. Let me hand you the chart that you produced,

Mr. Culbert, and ask if you would go through that and see

if there are any specific entries there that you and

Dr. --

A. -- Loustaunau.

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Q. -- _Loustaunau discussed?

A. Not beginning with the address and all that,

you mean the actual notes of the nurse and all that?

Q. Well, any entries that you and Dr. Loustaunau

discussed. And one good way to do it is to refer to the

pages by the Bates stamp on the bottom right-hand corner.

MR. HIGGINS: For clarification, he's asking

you to go through this and, anything that you have as

you sit here today or as your memory 1s refreshed by

looking through this, anything that you have an

independent memory of discussing with Dr. Loustaunau, then ' you can point it out and refer to the Bates number and

testify as to what was said to the best of your

recollection at this point.

A. Okay. I remember we discussed the notation

[no puedo mover], which means can't move, in Spanish.

No. --

BY MR. HILL:

HR. HIGGINS: So you're referring to Bates

THE WITNESS: No. 6.

MR. HIGGINS: -- under Chief Complaint.

THE WITNESS: Can't move.

Q. Let me just suggest, Mr. Culbert, if there's

something 1n Spanish, since the reporter can't take that

down, why don't you j~st say "the Spanish notation that in

English means"

THE WITNESS: I thought you could write

anything.

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Okay.

BY MR. HILL:

Q. What was said on that subject, can't move, if

anything, by Mr. Loustaunau?

A. Well, he was also refreshing his mind about

this, too, a patient who had complained that she was

having difficulty moving. That was just a recollection

for him.

MR. HIGGINS: The record should reflect that

that phrase ,s put inside of quotations on the chart.

BY MR. HI LL:

Q. While you're looking through there, let me

interject and ask this question. Did Dr.-.~~-~au treat

Mrs. Gilkey when she was at American Biologics?

A.

Q.

A.

He recalls that he did, yes. ~

Okay. Thank you.

I was interested 1n This is Page 14 --

about this note of January 16 which actually describes how

the patient had entered the hospital and her complaints,

and the notation that he began treatment based on

antibiotics injectably and local analgesics because she

had some pain.

Q. All right. Do you recall what you said and

what he said with respect to that note that'~~ge 14?

A. I can't -- no, I can't. I can't reaJly

recall that. I was interested in clarifying why she was

in the hospital.

Q. All right. And the note reflects that, as

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you understood it, that she was started on antibiotics and -----analgesics

1993.

A.

Q.

Yes.,

And what day was that? ✓-----

A. Well, the progress note says January 16,

Q. Does it reflect the date that she entered

American Biologics in the chart there?

A. I believe it does.

Q. And was that the same day, January 16th?

A. That 1s the date.

Q. Thank you.

Did you have any discussion with him

concerning the manner i--R----W-h+-ch the antibiotics were

administered?

A. don't recall that I had discussion on how

they were administered.

Q. Whether it was I .V. or oral or what have you?

A. Well, I could see by the medical orders what

they did, how they were administered.

Q. All right. And how were they administered,

as you see from the orders?

A. Well, she had lots of intravenous things of

all kinds over the days she was there, and they're all

ref 1 ected there.

HR. HIGGINS: To the degree that you can

answer his question and refer specifically to the Bates

number

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THE WITNESS: A 11 d ght. I 'm sorry. Pages

15, 16, 17 really are what they call the medical orders,

followed day by day, from January 18, after her coming

into the hospital on the 16th.

MR. HIGGINS: Refer to No. 16 as well.

THE WITNESS: No. 16, January 16th, right.

Correct. And No. 17 is January 16, which shows change in

medical orders.

MR. HIGGINS: Okay. For clarification, the

No. 17 has January 16 as the date, identification date or

date of admission. Do we have a different date denoted

over here?

THE WITNESS:

MR. HIGGINS:

Yes. This says January 18th.

Okay. Moving back to No. 16,

the identification date is the same, January 16th? Do we

have any date?

THE WITNESS: There is no date on that.

~R. HIGGINS: think, Counsel, just for

assistance, you'll find that medical orders are increased

as the days go on, so we have -- we have 10 orders that

have no date. We've just identified the date of entry,

and then subsequently we have orders that become longer,

and they do identify the date that those orders were

effected.

BY HR. HILL:

Q. All right. Going through the chart, do you

note any other entries in the chart that you and

Dr. Loustaunau discussed? You referred to -- I think the

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last one we discussed was the one for January 16th,

wherein you and he discussed the fact that she was

commenced on antibiotics and analgesics.

A. Yes. I as~o define some of the

product names with which I was not familiar at the time,

which he did.

Q. Which products, and what did he say?

A. On Page 16, the product Robaxisal,

R-o-b-a-x-i-s-a-1. And I think that was the only one I

was not aware of as an anti-inflammatory. ------Q. And he told you it was an anti-inflammatory?

A. I believe that is -- I'm trying to recollect

a lot of -- I think that was it.

Q. And that was the extent of your discussion on

that.

A. On that subject, yes.

That essentially -- those would be the points

that we discussed 1n this.

Q. Did you have any discussions with him

concern1ng any referral of her to an eye specialist at any

point?

A. Yes.

Q. What discussion did you have with him

A. Wel 1, I asked him did this -- did the chart

reflect that at some point she was to have an eye '-------·

examination, and of course it does. So that's all that

went on there, because it hadoe-c~lear that she had an

eye problem.

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Q. So you asked that question, and he referred -----you to the chart, did y0-U__$_ay?

A. Yes., Yes.

Q. And what pa rt of the chart?

A. Let's see here.

Okay. The notation which announces the

suggestion that s~n o;lithalmologist is dated

January 1. And that's dated --

Page 13.

HR. HIGGINS: January what?

THE WITNESS: January 20. Correct. That's

HR. HIGGINS:

THE WITNESS:

HR. HIGGINS:

THE WITNESS:

------·-Is that notation 1n Spanish?

Yes.

Is that the only place?

It's the only place on the

nurse's records. As far as seeing, now, in his computer

additional notes from him, he mentions on this -- the same

date, January 20, 1~93, the need for her ·to be evaluated

by an ophthalmologist, who then indicates that they should

take -- that some cu~uld be taken of her eye, and

that she should probabl~continue treatment in the U.S. '·

BY MR. HILL:

Q. Was Mrs. Gilkey treated by any doctor other

than Dr. Loustaunau while she was at American Biologics?

MR. HIGGINS: Objection, ~alls for

speculation.

BY HR. HILL:

Q. If you know.

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MR. HIGGINS: Calls for expert testimony.

To the degree you can answer, go ahead.

A. Well~ I don't know. He was the admitting

physician, so he was the one seeing her. We have no

indication here of anything else. Dr. Aguilar was

consulted.

BY MR. HILL:

Q. Does Dr. Aguilar have a specialty, to your

knowledge?

A. To the extent this 1s the Dr. Aguilar I think

it 1s, he's a surgeon. I'm not sure that it is the same ----.

Aguilar, but I think it ,s.

Q. Are you aware of any other physicians who

treated Mrs. Gilkey while she was at American Biologics?

A. I'm not aware of any others.

Q. Now, you said Dr. Loustaunau was the

admitting physician. Was he the discharging physician

also?

A. I don't know.

Q. Did Dr. Loustaunau tell you anything else

other than what you recall and what has been prompted in ~·

your memory as a result of looking at the chart, other

than what you've testified about so far?

A. Yes. All he -- he was just kind of mystified

about the case.

Q. Did you have any discussion with him

concerning the etiology or the cause of Mrs. Gil key's

infection?

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A. I don't recall that we had any conversation

about that.

Q. Did he offer any thoughts, op1n1ons,

concerning how she got her infection?

A. don't recall that he--well, he did say

this. He was -- apparently she arrived at the hospital

with a catheter already inserted. And although we see ---~· this from time to time at the hospital, it's a pretty rare ----...._··~-..,.~----· event. think he was might have had a question about

-----what that meant. Now, he could not think back over four

------•--~--·-years about why she arrived with a central line. As to ----the cause, I don't recall him saying anything about it.

MR. HIGGINS: Did you get that as uwith a

central line"?

THE REPORTER: Sure.

BY MR. HILL:

Q. How long has Dr. Loustaunau been with

American Biologics?

A. I'm not sure. I would say 10 years.

Q. And he's a medical doctor?

A. Yes.

Q. Licensed to practice 1n Mexico?

A. Yes.

Q. Is he 1 i censed to practice anywhere 1 n the

United States, do you know?

A. don't know that.

Q. Do you know where he attended medical school?

A. I don't. I think wel 1, I don't know.

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HR. HIGGINS: If you have an estimate, you

can offer it.

THE WITNESS: I think he went to National,

Unanimos University of Mexico. Most of the doctors did ---- ---their medical training there.

BY MR. HILL:

Q. Does American Biologics offer alternative

medicine or does it offer traditional medicine or does it

offer both? ·-MR. HIGGINS: Are you referring to American ---11 Biologics, a hospital in Mexico?

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--HR. HILL: Right.

A. The American Biologics-Mexico hospital offers

what it calls integ~1c1ne, meaning anything that

works. A lot of that is what the U.S. describes as ~

.a 1 te rnat i ve med i c i ne .

BY 'MR. HILL:

Q. And is some of it traditional medicine?

A. Xes, very much so.

HR. HILL: Why don't we take a short break.

I think I'm about finished.

(Recess)

MR. HILL: have no further questions.

MR. McELROY: Shall we have the usual stip?

MR. HILL: Why don't we -- So the record is

clearly understandable, why don't we mark as Plaintiffs' 6

the chart of Mrs. Gilkey, Bates stamped Pages 1 through

27.

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And then we can adopt the same st;pulat;on

w;th respect to the Sw;11;ngs?

MR. HIGGINS: So st;pulated.

You didn't have any quest;ons, Jim, I guess?

MR. McELROY: No, none. Thank you.

(Whereupon, the depos;t;on

was concluded at 12:40 p.m.)

I declare under the penalty of perJury that

the foregoing testimony ;s true and correct.

Executed on , 1997, at ------- -----Ca 1 if o rn i a.

MICHAEL CULBERT

51

COVERING:

holistic medicine metabolic therapy

DEGENERATIVE DISEASE

THE INTERNATIONAL NEWSMAGAZINE OF METABOLIC THERAPY AND FREEDOM OF CHOICE IN MEDICINE

" ... for without freedom, there is no choice, and without choice, there is no freedom·

VOL. 19, NO. 2

Patients rally for their

doctor

SUMMER 1993 YEAR'S SUBSCRIPTION ~16

Dr. Robert Atkins: winning a big one for

freedom of choice (page 10)

(page 11) . _

Straight talk about 'alternative' medicine to the OAM from

a former Congressman (page 19)

pi.p.S·' EXH. _I.__.~' _FOR ID TO DEPO. OF ·}Yl,c.Hr'\u... CM.Lbfrr

.. ---------------------- .. --................... ____ ., ______ -----------------· .. --·--oATE______ 3- k-'17

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•

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the leader in individualized, integrated metabolic programs and eclectic medicine, is now in its 12th year and is in modern, fully-equipped in-patient and out-patient facilities just 30 minutes from San Diego International Airport. A complete, 2 4-hour, full-service hospital with own kitchen, laboratory, operating room.

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AB-Mexico has scored dramatic achievements in the treatment of cancer.multiple sclerosis and a wide range of neuro!ogical, endocrinological, allergenic, immunological and cardiovascular diseases. Established as a Mexican medical and research corporation, AB-Mexico assembles promising therapies and diagnostics from throughout the world for the management of all forms of degenerative diseases and challenges.

AB-Mexico also maintains North America's ONLY center for the "fresh" live-cell therapy method pioneered 50 years ago by Swiss physician Paul Niehans for regeneration, rejuvenation and adjunctive therapy in all forms of systemic metabolic dysfunctions and conditions ranging from obesity and birth defects to cancer.

Megavitamins, minerals, enzymes (digestive, proteolytic, anti-inflammatory anti-oxidant), DMSO , stablized laetrile, Rodaquin, and the latest in modern and diagnostic monitoring techniques are in general use here.

Available, too, are numerous cardiovascular programs including EDTA chelation therapy and chondroitin sulfates, Rumanian Gerovital (GH3), free-form amino acids, extensive enzyme therapy, G.I. tract cleansing, and detoxification. Dioxychlor, herbal teas and poultices, bioelectricity and oxidative therapies are available and in general use.

AMERICAN PRIVATE INSURANCE PLANS USUALLY REIMBURSE ON-SITE TREATMENT COSTS AT AMERICAN BIOLOGICS-MEXICO.

AMERICAN BIOLOGICS-MEXICO S.A. ~i~~/ri fB -- International Admissions Office

1180 Walnut Avenue Chula Vista, CA 91911 Toll-Free Telephone: 800-227-4458 (International Number: 619-429-8200)

Committee for Freedom of Choice In Medicine, Inc. 1180 Walnut Avenue Chula Vista, CA 91911

,.~

Bull< Ra!e U.S. Pos1age

PAID Cl'lula VIS!a, CA Permil No. 31

, ..

.. ,i:: ... ~

,-t> ' . .,,, ~ } .._..,:,

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,;..

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.. ·. :er,.· .· \(.: .. · .. ••·.· .... ·.···.· .... ·· .. ··· .. · ... ·•·· > ;ii\°,, .. : ·.·· .· ..... •·. · .· .·. · ··llOG~R 1:,~,,/.JlRADFORDRes . .a,M,fc:b Institute.

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•'·:• .· ·': -·,-.;·.-·.· . . '• ' ,· _;. .

Decanber 16, 1988

Dear friend of medical freedom of choice:

At this time o:t the year we like to greet the people we have v.orked

with - patients, ~,tributors, distributors, :referral physicians, medical

researchers, friends - and, while wiShing then happy hOlidays, also

• bring them up to date with Qd'lat we are doing.

•

1988 was a period of great growth and acbievanent for American

Biologics in terms of developing and marketing new products; and for

American Biologics-Mexico S.A. Medical Centm- (we .doubled the size of .

our :facilities and treated nore patients with Dl)re degenerative disorders than

ever before); for the Bradford Research Institute{s), which expanded their

intex-nationa.l nebork to include a Japanese subsidiary; and tor the

Carmittee for Freedoai of Clx>ice in Medicine, Inc., whic.h bas retured to

full paticipation in the .fight to restore medical freedcm of choice in .America .

Jointly, these organizations co-sponsored our Fifth International

Ix>cto:rs • 'Workshop in Tijuana, Mexico, drawing exceptional participants

speaking on many In.nova.ti~ topics

eoology to snake venan.

~rem bio electrical therapy {MN), micro

·-As of Ja.nuu-y lst. , AB-Mexico will be in its tenth full yea:r of

service as a g:rowing, major center of metalx>lic and eclecti<? therapies. We

are now seeing sane of our 10-yea.r su:rvj:vors -- people we fix-st saw a

decade a.go who allegedly only bad nonths to live. And, fran the caseload

of patients treated by the mlcleus of medical professionals:who later became

AB-!ie,cico, we are aware of sane 15-year survivors as well.

£1 d 991U009££ ·0NJ9v:011s10£:01 £6 .Bl ·vo(3n1l eL£s' EXH. o2-.' FOR ID

TO DEPO. OF mtlltK,l c.«.L.B.g~SHV1 '.i 31132 WQHj DATE s- i!l-eJ]

KATRIN!, .~. sURLASON

-2-2-2- • • · In .l988 we saw trenendous strides iD treatments, protocols and the anding

ot new JU:>dalities to our programs. With ninety percent of our patients being

ref erred to us by other patients and physicians, -we know we .ax-e on tbe rtgb.t

course.

Surel-y facing the greatest zned:jcal challenge of the era, the B.R. I. 's

Jdexican division will open, by mid-January, a Center -for Imnunolog:i.cal and

Infectious Diseases prilmrily for the managarent of acquired in:munode:ficiency

.syndrane (AIDS) and its J)a.I'allel or predecessor conditions. In 1988, we ·

p-.lblished the first results of our intermittent, 5-year program of A."Im/AP.C

under auspices of the B.R.I.-Mexico, and reaJjzed that, at the present t:i.Ioo,

• our nw.tipha.se eclectic program is probably ahead of anything ill the v.orld.

•

We always like our :fonner patients and friends to realize that i:f they

have continuing interest either in new therapies and/or medical freedaD of

choice for these therapies in the U.S.A. , they have two options if they are

--tbinki ng in te:rms of donations or contributions, any and all of which at ~

level are:.-enonJDusly __ appreciated:

-First, they may make tax-exanpt c.bari table contributions to the

Bradford Research Institute, a chlly a.trtwrized 501 (cJ (3) 'scientific

organization w.oose funds ~e strictly limited to researc.h and devel.opnent of .

of mtalx>lic/ eclectic medicine. . . . ...

-Becood, they may make contp.birtions to the P?li tical f ig:ht for freedan .

ct!. choice by conttib.rti.ng 1:o the Camri.ttee far Fr~ of ~ ill MediciDe, . . . . Inc., SCX)n to begin its 171:b yea.r. Every dollar the Q:m:nittee--Constituted

.. . .... -. as a. Cali:fornia. e:crp::n-at1an - takes in is spent on the battle for :freedaD of . •. .. . , .. ciloice, -with~~ ~t, for p~ic:uui and ~tieot. ~ ~ ~{"- •:·

::

1s 'IBE CBQTCE magaz:1.ne, which we pnbJ 1 sh bi IIDntbly. Subscriptio.o is ;:ll) a

year, and 11i'e soortly will begin accepting arlvertising to expand publication

and defray costs.

91 d 991GL009S£ ·oNJgp:01 ·1s11s:01 S6 ,81 "P0(3Ol) NOSHV1 ~ 31132 WOH3

-3-3-3- • • :Every .$10 contribution to tbe O:mn:i.ttee autcma.tically secures a one

year suhscription s.nd Ctmnittee membership.

On a negative note, one of the pr:i!na:ry forces in the a:ove to quash .all

dissent in Amen.ca. has instituted a sweeping, a~sanely expensive lawsuit

agafost 26 individuals and organizations pr.eminent in the f:r-eeckm-o:f--cboice

m::werert. These include the CaJmittee, 'IEE ODICE and the Caixnittee c.ba1.rma.n/

editor. 'Ibe lawsuit is simple in intent: it intends to put tbe .freedcm-of­

cboice rwvement entirely out of business in the U.S.A. If you believe, as do

we, that this must not be allowed -to happen,.~ UHGENrLY solicit your support

ill this very expensive legal action. Every check to the C.atmi ttee to which

• the w:>rd.s ''HERBERT SUIT DE£ENSE FUND'' have bee,n noted, w.111 exclusively be

used for our defense in this litigation.

•

·we have counted on your help friendship in the past. You can continue

to count on our continued ca:rmi:bnent to resea:rch/ develoµrent medic.al innovation

in the :future. Working together, we are changing the ccnn-se and nature o:f

ired.icine.

We sincel:"el.y hope :your bolida.ys are the happiest and heal tbiest ever - and

tba.t 1989 will be a t:il:00 o:f peace and prosperity :for all.

Most Sincerely,

Ra£... . /4t:, wzftJJ Bodrigo Rodriguez, w -- 0 r Robert w. B:rad:fa..-rc1 •. nsc. ~~~~~~J!->£t Founder-Medic.al Direetor :F'OUDder-President American Biologics-Mexico .Bradford Besearch Institute­Mex:ic.o

Carole Bradford ~ 6 · - ~/4 Ori.et :&ecutive Qf.:ficer ~r-~ Biologics · Cooice Metalx:>lics O:mnittee :ror F.reedan of O:oice Bradtoro Research Institute

.American Biologics Am.=!Tican Biologi~ Mexico Brad:!ord Resesrcli Institute Ccmnittee For .Free~o-:t~ice

Micilael L: CUJ.be~~/4/~ Cbain:Dan, Camri.tte for : _

.. ~ ot Oloic.e in Medic.me, 1nc .. •: Vice President, American Biolc;,gics, and ..An:eT:i.can Biolog1.cs-Jd'ex::i.c.o. -

AND OOR ENTIRE srAFF

.::2... 3

LI d 9910L0O998 ·oN/9v:O1 "lS/!g:O1 96 ,81 ·v □ (3Dl) NOSHV1 ~ 31132 ~OHj

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1180 Walnut Avenue • Chula Vista, CA 91911 • (619) 429-8200 • 800-227-44 73 • Fax (619) 429-8004

A GENERAL STATEMENT ON CANCER THERAPY AT AB-l\1EXICO .

(An information letter sent to a New Zealand colleague)

Dec. 10, 1990

The following is a brief description of cases treated by the American Biologics­Mexico SA Medical Center staff since its inception in 1975 at the Cydel Clinic and in­cluding cases as of summer 1990 at our facility in Tijuana BC Mexico:

Approximately 70 percent of all treated patients have been cancer cases, and the estimate of these is at or near 13,000. Between a sixth and an eighth of this number constitute breast cancer cases. I attach a copy of the report we submitted in fall 1987 to the Office of Technology Assessment (OTA) of the· US Congress as a review of our first 5000 cases. It should be noted that in appearances before the spe­cial OTA review panel on "unconventional" methods, I stressed the willingness of this

. organization to make available general data and best cases to American officials (including the 14 illustrative cases in the OTA report and at least a dozen since 1987). It should also be noted that I have not had a single response to this offer, and the OTA.report on such therapies was just published-(July 1990).

In the 1987 report, we estimated (and our general view still holds) that we were achieving either symptom-free or mostly symptom-free 5-year survivals in about 20 percent of our cancer cases. Since the great majority of our patients (about 95%) are regarded as "terminal" before they reach AB-Mexico, this response rat~ is significant (since the US figure is at or around 8% 5-year survivals in alleged ter­minal, metastatic cancer). Even more impressive, we assume that over the years there have been about 3% of terminal cancer patients in whom we had absolutely no response, despite all our best efforts. That means that 97% of patients may expect some sign of positive clinical benefit (as understandable to typical oncologists) from their (normally) 3 to 4 weeks with us.

As you know, we avoid major propaganda problems by NOT promising to "cure" cancer. Indeed, no one can agree semantically on what an honest-to-God "cure·

►.LFS' EXH. 3. I FOR ID TO DEPO. OF tYl•C.WK,L <¼lfA'cRT

DATE 5- kd 1 KATRINI'. i=. SLIRLASON

'·. \ ', . -\ ...

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• • of the condition is. Our maxim.um claim is that, under the best of conditions, we will place cancer under "control" so that a patient may live out his/her appointed genetic lifespan without cancer being a major problem. The analogy is to diabetes: it is never "cured", yet with insulin and/or diet it may be "controlled" and not be problematical for the whole of an individual's genetically appointed lifespan. What we hope to accomplish during a cancer patient's visit with us is the initiation of the healing process -- not the "cure" or even "control" of cancer. What we do here is inten­sive therapy to either slow down or start reversing the course of a condition that nor­mally took many years to develop. The responsibility for success then falls on the patient -- how well and how disciplined he/she is to stay on the program, in terms of supplements and, particularly, diet. We have learned over these 15 going on 16 years that the keys to long-term survivorship are (a) adherence to proper diet and (b) adherence to positive thinking.

vVe therefore have cases of long-term survivals in a disease-free or mostly · disease-free state ranging back to 15 years. The majority of our "terminal" cases come here with prognoses of weeks to months to live. If we secure 3 years of rela­tively disease-free survival in an individual who has literally been abandoned by al­lopathic medicine, we feel we have made a considerable achievement.

AE you also know, our research group (Bradford Research Institute) and many like-minded practitioners and investigators do not believe that there are 400 "kinds" of cancer with various subdivisions. We believe there is only one, even though cer­tain "expressions" of cancer (given the names of tumor types) may respond differently to different modalities. We are involved in multifactorial, "eclectic" therapy on an in­dividualized basis, and for that reason we always stress that there is no single "magic bullet", be it drug, vitamin, diet, or anything else, which will "cure" let alone "control" cancer. Our general approach, however, is clearly better in some cancers than in others. Bear in mind, again, that the vast majority of patients who reach us already have failed on various conventional approaches, meaning surgery, radiation, or chemotherapy or synthetic hormones, or any combination thereof. Hence, we almost always are facing the triple-whammy problem of (a) aggressively attacking the can­cer itself, (b) building up host defense and immune response in general and (c) at­tempting to overcome the extremely deleterious effects of surgery, chemotherapy, synthetic hormones and/or radiation.

Also bear in mind that, given the reality that up to a third of all cancer patients have diabetic or pre-diabetic conditions, and that almost half of these have high blood pressure, in a substantial number of cases we are dealing with a mildly diabetic cancer patient with high blood pressure. Treating only a tumor and calling that "medicine" is, in our view, sheer folly. What we are facing is a severe case of chronic, systemic metabolic dysfunction characterized by a malignant process, a

2

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• • glucose metabolism disturbance and usuallv immune and circulatorv condi-tions. All of these must be addressed if we are t;uly serving the patient. .,

Understanding all of the above, we naturally do "the best" in very early cancer which has seemingly not "spread" (metastasized) or even metastatic cancer in which there has been no prior conventional treatment -- "virgin" cases in which we face only the problems of cancer and a general malaise rather than these things plus the side effects of conventional therapy. Unfortunately, either early-stage or virgin cases in their totality do not exceed 5% of our total cancer caseload. We are then left with the 95% who are persons in usually a truly grievous state.

For whatever reason, the family of cancers classed as "adenocarcinomas" (be they lung, colon, breast) seem, as a cluster, to have the best overall response to mul­tiphasic therapy. We have generally good responses in the leukemia/lymphoma families and spectacular results in localized if life-threatening sarcomas, rhab­domyosarcomas and similars. As is the case with conventional therapy, we do the worst with extensive liver metastases and/or pancreatic cancer, even though in both these areas we can virtually assure survival times well beyond the conventional as­sessments.

It is consistently difficult to inculcate new attitudes in arnvmg cancer patients, but we do our best. The two primary new attitudes are swapping the thought-construct "I am dying from cancer" to "I am living with cancer," an effort which pays great mental dividends; and removing the focus of the patient from the tumor mass to his/her health in general. It is not an "easy sell" for us to address what we call "the false criterion of tumefaction" - i.e., as a tumor "goes down" some­how the cancer itself is magically abating. We have to point out that the tumor or tumors are usually only the most notorious symptoms of the underlying disease con­dition, which is body-wide and microscopic, and that what is happening or not hap­pening to a tumor may or may not be an indication of what is or is not happening to the cancer itself (a tumor mass very often is composed in the main of natural or somatic tissue, with only 10% or less actually being malignant.)

Even so, if an aggressive, localized tumor is itself a life-threatening event, we have to be as mechanically concerned with it as a standard oncologist would be. It is for that reason that we do not eschew either radiation or surgery, when absolutely essential. However, we also have pioneered the non-toxic, non-surgical approach to tumor destruction or diminution in accessible tumors. Hence we have had some truly impressive results in destroying or mitigating accessible tumors with radio­wave local therapy (ACN -- accelerated-charge neutralization); herbal poultices ("healing" and "pulling" and "high" salves); ozone gas infusions; and even application of anaerobic microorganisms (Clostridium, etc.) In one interesting case (in which even California orthodoxy admits the result was "cure"), simply by building up the immune

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• • system of an AIDS patient, whose major presenting pathology was im­munoblastic lymphoma, we secured total resolution of the cancer with no tumor at­tack at all.

We thus offer individualized, eclectic protocols tailored for the individual patient. Our sole interest is the disease-free survival of the patient, not the proving of a concept or theory. To this end, we may use any combination of vitamins, minerals, enzymes, amino acids,endocrine balancing, immune enhancement, gastrointestinal detoxification, alkaline diet, herbs, oxidative therapies, and even an­tibiotics, chemotherapy, surgery or low-grade radiation or synthetic hormones. Such an individualized approach is not compatible with double-~lind studies on individual modalities and hence is criticized as "not scientific." Our response, as you know, is, "so what?" We now have many cancer patients "unscientifically" surviving in or­dinarily good health; we contrast them with those "scientifically" treated patients now in eternal slumber.

MALCOUU{LC MLC/dic o ... 1990

4

cerely, . /1.. ·/· ,,.,-) /1 .

, . /,:'.

. -t;f_ /;.:/ / ... '/ ~ ~ , , . . / . / /~_, .. ..,/~. ,·/. ~-I _;·"11i~hae(L. (Mik~) Cul£'ert

Vice President ,,

: ;

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MANAGEMENT OF CHRONIC FATIGUE SYNDROME (aka CHRONIC FATIGUE/IMMUNE DYSFUNCTION SYNDROME)

AT AMERICAN BIOLOGICS-MEXICO, S.A.

• MICHAEL L. CULBERT DSc Director of Information, AB-Me;r:ico Chief research writer, Bradford Research Institutes (BRI)

As of 1993, this research hospital had seen more than 2,200 patients since 1980 suffering from a variety of complaints (variously defined as "chronic Epstein-Barr Virus", "acute candidiasis", "universal reactor syndrome", "mixed multiviral syndrome", "environmental poisoning", "mixed sensitivities" and similar designations) and most of whom are known to fit or are suspected to have fit the protocols for Chronic Fatigue Syndrome (CFS), a pathological entity identified by the Centers for Disease Control (CDC) in 1988.

American Biologics and the BRI have separately reported on several hundred of these patients under the prior designation of "chronic Epstein-Barr Virus" cases. Updates on such cases as applied to the overall concept of CFS have been published by this author.

The myriad symptomata of CFS include but are not limited to: periods of intense, unrelenting fatigue for• no known medical or pathological cause, sometimes to the point of total incapacity; vague joint, bone or muscle aches and pains; intense headaches and/or sore throats; visual disturbances; dizziness, balancing, vertigo sensations; "thrush" (coated tongue) or visual yeast infection of the mouth, throat, vaginal area or anus and/or between fingers or toes; gastrointestinal disturbances including belching, flatulence, diarrhea or constipation; swollen glands, some of long-term duration; weight loss or unusual weight gain or other weight-related problems; periods of extreme allergies or sensitivities (may involve skin, eyes, taste, bearing, smell); neurological and cognitive problems including short-term memory loss,

· mood swings, depression, suicidal thoughts, personality changes, unusual tingling sensations, ringing in the ears; reactions to foods, beverages, lotions, perfumes, lacquers, paints, solvents, industrial chemicals of all kinds; hives, rashes and/or other dermatological problems.

This protean span of symptoms may mimic the effects of other pathologies which may form part of, or need to be separated from, CFS, and among whose major elements are fibromyalgia, premenstrual syndrome, hypoglycemia, the "ARC" stage of AIDS, secondary or occult syphilis, specific bacterial, viral and/or parasitical infestations.

Research Collaborators in:

Australia • Belgium • Brazil • Canada • China • England • France Germany • Greece • Hong Kong • Malaysia • Mexico • Netherlands • New Zealand

Nigeria • Norway • Philippines • Portugal • Singapore • Spain • Taiwan-R.O.C.

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• • Our research suggests that CFS has multiple causes and that either new or old or reactivated viruses may be playing the role of catalysts to a pre-existing condition of general immune impairment, elements of which are often related to: prior or ongoing abuse of steroids, prior or ongoing abuse of antibiotics, from medications or food, prior or ongoing abuse of recreational drugs, elevated nu_mbers of mercury amalgam fillings in the mouth, continual overexposure to industrial chemicals and/or herbicides/pesticides, fluoridated water, immunizations/vaccinations, continual exposure to low-level electromagnetic emissions, poor responses to anesthesia or incompatible prosthetics, elements of the standard Western diet (either in natures or amounts of foods/beverages consumed or the thousands of chemicals added thereto), prior or ongoing unresolved bacterial or viral infections, prior or ongoing parasitical infestation, and possible genetic predispositions.

Our own research, much of it encapsulated by this writer in CFS: Conquering the Crippler: San Diego, CA: C & C, 1993, strongly suggests that there are contagion factors in CFS and that there may be "animal vectors" -- that is, domesticated animals and house pets may be implicated as contributory.

Our long-held position that both AIDS and CFS (and other immune dysregulations, including the so-called URS, or Universal Reactor Syndrome) are parts of a large, general syndrome (Syndrome of Immune Dysregulation) is being borne out by ongoing research from around the world. Unifying features which tie in CFS with AIDS include, among many, a depression in numbers and activities of the Natural Killer (NK) cells and widespread presence of infection with a "new" (or perhaps only newly described) virus, HHV-6, together with endocrine imbalance in the hypothalamus-pituit.ary-adrenal axis (HP A) area.

Regardless of the triggering events and predisposing factors no treatment program for CFS is able to have much chance of success without taking into account detoxification (including gastrointestinal tract cleansing), diet.ary manipulation, the random (and essentially non-toxic) suppression of yeasts, virus, bacteria, parasites and fungi, immune system modulation, and endocrine (hormonal) balancing.

Such a program implies the necessity of essentially safe, non-toxic multi.factorial elements aimed at managing all of the above without undue invasiveness or further chemical disruption of the system.

Toe AB-BRI medical research team has developed inclividualized, integrated treatment protocols to address all of the above and thus has been able to relieve the most disru.rbing symptoms of the Syndrome in many patients. We estimate that at least 95% of our patients at some level of CFS (and/or of the entire span of the SID Syndrome) have positive responses to this program, some to the point of essential control over the process for periods ranging beyond five years.

Elements of our protocols include a vast range of nutrients which are utilized intravenously, orally or intramuscularly for their antioxidant (scavenging of "free raclicals"), immune-modulating and/or antiviral properties; the treatment and management of Candida albicans yeast overgrowth, a virtua.1 constant in these cases; the intravenous, oral or local

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• • utilization of the oxidative agent Dioxychlor as a safe and effective broad-spectrum antiviral, antibiotic and antifungal; the management and treatment of parasites, detoxification (with diets, acidophilus, enemas, EDTA chelation therapy and other approaches); and embryonic or fetal animal tissue extracts (live cell therapy), usually of the hormone-producing endocrine glands, for the balancing of the endocrines, the imbalance of some of which (the hypothalamus-pituitary-adrenal axis) is strongly associated with CFS, AIDS and other aspects of immune impairment.

A total program must be planned on an individualized basis, as are the at-home dietary and supplement programs. No two cases of CFS are ever identical, and the nutritional and other needs of patients vary greatly.

We are fully aware of the need of maintaining a positive outlook and insist that, over time, "right thinking" may play as big a role in recovery as the physical aspects of the program. The treannents in place at AB-Mexico must limit themselves primarily to the physical aspects of the syndrome, and we continue to make impressive and heartening progress in this area .

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I~ VOLUME -4, NUMBER 2

,r------H•OllliiLiillfili· TiiilC-.HiiiEiiiAiiiiLii.TH•• ' ISSN 0882-81-48

WINTER. 1986

Fungus Among Us:

·The Yeast Connection and Candida Albicans

0 ne of America's newest and most prevalent health threats is the mu I ti pie-allergy syn­

drome, when people become sensi­tized to many different food items­and often complain of many and var­ied symptoms, which may even in­clude "feeling sick all over". This strange combination of maladies is not yet officially recognized as a de­fined illness; but doctors involved in metabolic therapy are encountering more and more such cases, and biological, metabolic/nutritional therapies are being successfully em­ployed to correct the often-elusive un~rlying cause of the malaise.

At th~ American Biologics-Mexico Research,,_Center, many patients come with a lot of rather vague sym­ptoms that occasion much dis­comfort, yet they have been unable to obtain any firm diagnosis of their problem. They usually have multi­ple allergies and high sensitivity to a wide spectrum of foods and to en­vironmental factors; and they com­plain of general fatigue, various non, specific pains (including headaches), and a marked tendency to depression and a feeling of un­happiness which is the result of these symptoms that appear incur­able. Most are aware of some actual food allergies, but not so much aware of their sensitivity to certain foods which may in fact be some of their favorite food items .... and these sensitivities are. often verv di-fficult to pinpoint precisely. · ·

Nearly all of these people have symptoms of " intoxication" from Candida Albicans, a yeast condition

By Michael Culbert, D.S.C.

which is increasingly being detected in large numbers of Americans. In origin an intestinal problem, it is in­creasingly being linked to a wide array of metabolic difficulties. It is therefore called a "universal reac-tor" syndrome. .

The depression which frequently accompanies the condition may also be accompanied by other psycholog­ical disorders, thus presenting the clinician with a myriad of physical and mental problems. Nearly all such patients, on interview, will admit long-term generalized or in­termittent administration of antibi­otics, or cortisone. or both. The uni­versal reactor syndrome is apparent­ly a largely man-made, or treatment­caused, disease. In its most extreme forms, it can even drive a patient to suicide.

How this candida situation may relate to immune function is not vet fully clarified - but it appears fairly certain that there is a degree of in­terconnection. New research is pro-

ceeding in this direction (dietary in­hibition of prostaglandin El synthe­sis, and the roles of hydrogenated fatty acids in particular). American Biologics-Mexico, and the Bradford Research Institute have pioneered the concept of oxidology in medicine and biochemistry, which is proving beneficial in dealing with the univer-sal..reactor syndron -the study of reacti" species (ROTS) anc ism in health and i. (] tions. It builds furth, ~ interest in "free radi search program by rt dozen countries has i

date the role of the named ROTS in meta conditions. .

Briefly stated, the tox.ic oxygen prod characteris4c marki: 0 _ ... uuea blood, which may be mic~oscopical­ly detected and keyed to specific pathologies and disorders. The AB­Mexico and B.R.l. researches indi­cate that resolution of the ROTS problem is of major benefit in, for instance, multiple sclerosis. It has been found that almost all multiple sclerosis patients have positive re­sponses to ROTS therapy as prac­ticed at the American Biologics treat­ment center in Tijuana, Mexico.

The use of oxidative scavengers has also given rise to discovery of their unexpected usefulness against viruses and fungi, and has served to resurrect seemingly work done in Germany much earlier in this cen­tury. Utilizing oxidological approaches, together with live-cell or cellular treatments (intramuscular

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1180 Walnut Avenue· Chula Vista, CA 91911 • (619) 429-8200 • 80_9-227-4473. Fax (619) 429-80o 4 , '

~

TEN MOST FREQUENTLY ASKED QUESTIONS .ABOUT

AMERICAN BIOLOGICS-MEXICO HOSPITAL

1. Is your hospital a "real" hospital?

2.

Yes. American Biologics-Mexico is a modern, internationally

accredited hospital with a full staff of bi-lingual doctors and

nurses, and a backup group of 150 consultants from both sides of

the border.

What kind of diseases do you treat?

We use state-of-the-art metabolic/integrative treatments in

management of chronic fatigue syndrome (CFS), cancer, heart

disease, Parkinson's disease, Alzheimer's, Multiple Sclerosis

(MS), allergies, lupus, hormonal imbalance, weight control and

aging.

3. Does your clinic "cure" cancer?

4.

NO. We do, however, treat each stage of cancer to bring the

patient through the crisis stage of cancer to control and finally

into management. Many of our patients have successfully moved

from cancer crisis to control and are now living successfully in

a maintenance condition of health and well-being.

Will my insurance company cover my treatment?

Most therapies are reimbursed by private U.S. medical insurance

plans. You may obtain more detailed information about insurance

coverage by calling North Alllerican Insurance Coordinators at

l-800-367-4268. Ask to speak to Mr. Arnie Grable.

5. Do I have to stay in the hospital for treatlnent?

Not necessarily. Many of our patients are successfully treated

as out-patients. They choose to stay at local hotels on either

side of the border and are brought to the hospital for daily

treatment. This can be determined by your condition and your

attending physician.

6. What kind of food will I eat?

You will be served delicious menus from our own kitchen. We use

organic fruits and vegetables prepared by our staff nutritionist. I

- Pt..fi EXH. j. ( FOR ID TO DEPO. OF ni,ct-/..,f<i-1... 4,."-~~-llf

DATE S-{r '1]

lc'ATqfp,~-'~ '-. f3URUSON

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1180 Walnut Avenue• Chula Vista, CA 91911 • (619) 429-8200 • 800-227-4473 • Fax (619) 429-8004

BREAST CANCER YIELDS TO METABOLIC THERAPY (LONG-TERM BREAST CANCER SURVIVALS)

(E:xcerpted from THE CHOICE)

Breast cancer -- the number-one killer among middle-aged women -- yields to metabo­lic and eclectic therapies, as a rapidly developing caseload at American Biologics-Mexico SA Medical Center, Tijuana, Mexico, clearly indicates.

Breast malignances now constitute between a 10th and an 8th of all cancer treated at AB-Mexico and its predecessor staffs of a total of more than 13,000 cancer cases since 1975, as of 1991) .

In 1987, AB-Mexico reported to the Office of Technology Assessment (OTA) of the US Congress that, based on a general review of its first 5000 cancer cases (with at least 8% falling into the breast category), upwards of 20 percent of its cancer patients were achieving 5-yea.r survival rates with few or no symtoms.

Continually updating our analysis of cancer cases seen by American Biologics medical personnel early as 1975, AB doctors can point to a growing cluster of well documented cases in which the malignancy has been arrested, stabilized or controlled for periods of 5 to 12 (and in a few cases, more) years.

They have seen many more with dramatic life extensions or long periods of seeming control occasionally followed by relapses, and positive responses in objective good health for months to years following earlier prognoses of only weeks to months to live .

"We maintain wariness of the word 'cure' for what should be thought of as cancer control," according to Research Director Robert W. Bradford, DSc., who co-founded AB­Mexico and whose worldwide Bradford Research Institute (.B.R.I.) develops protocols imple­

. mented in the Tijuana facility. '

Rodrigo Rodriguez, M.D., medical director of the rapidly expanding Mexican facility, concurs that "we are seeing some Tnteresting resuTts· oflong-term controls and stabilizations in a wide variety of aggressive malignancies" and also dissents from using the word "cure."

AB-Mexico and B.R.I. pioneered combination therapies (laetrile, enzymes, an­tioxidants, vi.tamins, minerals. amino acids, hormones and sometimes standard modalities) as well as experimental treatments added to such therapies. These have included bioele_ctrical therapy in the form of ACN (accelerated-charge neutralization), intratumoral ozone, and use of "pulling" and "healing" salves.

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• -Among AB-Mexico's more outspoken breast cancer patients are Ruth Eastwood, of

Redwood City, Calif.. and Anne Reinke. of Antioch, Calif., who was referred by Mrs. Eastwood.

Ruth Eastwood. now 68, (1991), refused suggested chemotherapy and radiation treat­ments following mastectomy of the left breast in 197 8.

Treated extensively at AB-Mexico, she remains essentially free of signs and symptoms of cancer or of the earlier evidence of metastasis.

Anne Reinke, now 70, (1991), who also had cancer of the.left breast, was one of the early recipients of poultice therapy (black and yellow or pulling/healing salves) when added to a total metabolic program of vitamins. minerals, enzymes, laetrile and other natural sub­stances. Most of her primary tumor was destroyed and, following a metabolic followup program. she has remained free of metastasis (spread) or further tumor development for eight years .

Another California woman who chooses anonymity, J.E. of Belvedere, Calif., was one of the first metabolic breast therapy patients seen by American Biologics 11 years ago when AB occupied the sprawling Plaza Santa Maria seaside facilities in Baja California. She also had herbal salves in addition to the laetrile-centered metabolic program.

"There is still a marble-size tumor and perhaps there always will be," she told THE CHOICE. But the important point, she added, is that she had never had "orthodox" therapy, has from time to time strayed from the metabolic program and had also dabbled with acupuncture for 18 months.

For short-term dramatic effects, the case of Ru.mi (Mrs. Yoshizobu) Kanazawa of Japan was of particular importance, even though she ultimately succumbed to disease com­plications after 3 years.

The 46-year-old woman was ref erred to the Mexican facility from contacts in Tokyo and arrived at AB-Mexico in summer of 1986, presenting with a gigantic infiltrating ductal­cell carcinoma which had been resistant to any kind of standard therapy in Japan. Her prog­nosis was extremely poor.

Robert Bradford saw in the Kanazawa case an excellent opportunity to test "bioelectrical" therapy (cancer cell polarity) with a total body therapy.

Bradford Reserach Institute investigation had already demonstrated that cancer cells carry negative electrical charges, and demonstrated that if this charge could be neutralized cancer masses could be attacked ·by the body's own immune system.

This could only occur, though, if there were sufficient natural immunity to mount the attack.

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- -Mrs. Ka.nazawa was placed on the ever-changing "individualized integrated metabolic"

protocol of many nutrients and then placed on the two-probe ACN machine .... As AB doctors looked on daily in amazement, the tumor growth rapidly reduced. It was 80 percent destroyed within 10 days and Mrs. Ka.nazawa returned to Japan with medications and nutrients for her followup program.

By The time she returned in December of 1988 for a checkup, the initial lesion was practically imperceptible, her health and vitality were restored, and she reported feeling "very good." In July 1987, on return for a followup, there was evidence of a new, though much smaller growth. which rapidly resolved. She remained in excellent health until 1989.

Both Mrs. Eastwood and Reinke are so exuberant and opotimistic with their 12- and 8-year recoveries that they spend many hours each week talking with prospective cancer patients across the country who inquire about the AB-Mexico programs.

Mrs. Eastwood's case (original diagnosis: 1978) involved metastases in the lymph sys­tem, right lower rib and right tibia. There was some indication of spreading to the liver, though followup tests did not confirm this. She was intensively treated at AB-Mexico in 1982 and 1983 with a broad program of laetrile, enyzmes, vitamins, minerals, and dietary manipulations.

"About the maintenance program, I've learned that the patient must stay on the diet -- from time to time I fudged a little and I usually paid the price," she told THE CHOICE.

She remains delighted at her long-term outcome and is certain she made the right choice in rejecting standard therapies.

Mrs. Reinke had an even more aggressive 15-element protocol, ranging from oral and intramuscular laetrile, 10 grams daily of vitamin C, oral DMSO (dimethyl sulfox.ide), up to 188,000 IUs of oral emulsified Vitamin A daily, Tamoxifen (hormone) and numerous oral and rectal enzymes and support minerals aside from the herbal salves .

The Reinke case is thus far a highly optimistic example of long-term control for breast cancer without inital surgery. The Eastwood case is indicative of long-term stabi­lization following initial surgery. Both are example of free-choice avoidance of standard therapy for a major killer disease, a decision leading to beneficial results.

In the past few years, AB-Mexico has continued to add new elements to its cancer protocols, including the selective use of cellular or live-cell therapy (intramusuclar or sub­dermal injections of embryonic or fetal cells from animals), particularly thymic and umbilical cord extracts.

Bradford insists that "there are no magic bullets in breast o~ any other cancer, but the integrated, eclectic approach is proving itself as a method superior to cut-burn-and­poison." BREAST .~1 LC Ml.C/dac * 3 ..

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1180 Walnut Avenue· Chula Vista, CA 91911 • (619) 429-8200 • 800-227-4473. Fax (619) 429-8004

THERE ARE NO 'MATCHJNG CASES' AND

THERE ARE NOT 400 'KINDS' OR 'TYPES' OF CANCER!

We are often asked to provide prospective patients with names-and numbers of individuals who were treated with "the same kind of cancer" that the patient has.

While we do maintain a list of successfully treated cancer patients,· some .of whom may indeed have been originally diagnosed with the same "kind" or "type" of cancer, and while some of these names·and numbers may be obtained by contacting ADMISSIONS at 1-800-227-4458, we stress that:

(1) Cancer is a chronic, systemic, metabolic dysfunction whose initial cause is at the submicroscopic/genetic level, and of which tumors (including "tumor types", "tissues", etc.) are only symptoms - however important and at times life-threatening they may be - of the underlying cause. Most cancer treated by us is "metastatic" (that is, its physical presence is in more than one locale), so that it becomes virtually irrelevant to think of it as, for example, "lung cancer spread to the brain" or "breast cancer spread to the ovaries." The malignant process itselfis our target -­not the tissue in which the tumor ( or other marker) first was detected. Hence, it is our view -and some areas of orthodoxy continue to confirm this - that cancer is unitarian in nature; that is, there are not 400 "kinds" and several hundred other "sub-types" of the disease. There is only cancer.

(2) Our treatments are individualized, integrated protocols based on biochemical individuality - that is, no two patients are alike, and no two patients will respond the same way to the malignant process (irrespective of "tissue" or "type") let alone to the same general treatment for that process. We are hence primarily attempting to initiate the body's own healing response against the malignant process rather than "removing tumors" alone.

For this reason, attempting to find a same-aged. same-sexed patient from the same area with the same "kind" of cancer and match up those results is, to us, a vain pursuit, even though it may be of some mental assistance to the inquiring patient.

Even if a "perfectly matching" case to the inquirer's could be found, there is no way to guarantee that the treatment would be the same or that the outcome, good or ill, would be the same.

1',flCHAELL.CULBERT,DSc Director of Information

s.lY

- -Poultry or fish is served 3 times a week. No sugar, salt or

preservatives, no red meat. We have our own water filtration

system for the entire hospital. -

7. How will I get from the San Diego airport to the hospital?

8.

• 9.

After you get your baggage, go to the Traveler's Aid Desk (next

to baggage claim) and wait for the American Biologics-Mexico

-driver. Sometimes the drivers are detained in traffic at the

border. If 30 minutes have passed, and the driver has not . arrived, please call '429-8200. This is the phone number of the

Chula Vista office and there will always be a staff member or

answering service to assist you.

Can I legally cross the border back into the U.S.·· ·from Mexico

with my medicine?

Yes. You will .be leaving the hospital with a 3 to 6 month supply

of your medications. These are for your use and you will have

written instructions from your doctor. This is perfectly legal.

Can a member of my family or a friend accompany me to your

hospital?

Yes. We are happy to help you arrange for a relative or friend

to stay with you in your room or at a nearby hotel to be with you

during your treatments.

10. What will happen when I go home?

• Before you leave the hospital, please make it your business to

meet with your doctor to discuss your medications, treatment and

supplements. Write down questions for your doctor, the

nutritionist and the business office and·talk to each one before

you leave to make sure all is in order. After you go home, if

,you need to reach your doctor or the business office, FAX the

hospital at Oll-526-681-6435 or phone the hospital at 011-526-

681-3171 (or -0317). You may call the Chula Vista office at

1-800-227-4458 to order product. Become familiar with support

groups for cancer, CFS, Alzheimer's, etc. in your area. Many

times your local health food store is a good source of

information. We are putting together a list of holistically

inclined doctors in your area and hope to have that information

available to our patients by late summer.

New hope tor ~-"lJ!erers ot cance1 ··\flillronic fatigue, MS, allergies, al'f forms of metaboff'c dysfunctions

American Biologics-Mexico S.A Hospital and Medical Center ("AB­Mexico") is THE answer for those seeking a single, comprehensive treatment facility.

AB-Mexico is the world's first medical center to combine all major fonns of integratwe (metabolic/ nutritional/ biological/ complementary/ alternative) therapy for degenerative diseases, immune challenges and inborn errors of genetics and metabolism -- including standard or orthodox therapies when appropriate.

These integrative approaches are implemented in fully licensed, modem, full-service hospital and out-patient medical facilities.

AB-Mexico offers the world's first total union of complementary and standard therapies in individualized, integrated metabolic programs (IIMP) - customized treatments - together with the latest in advanced and innovative international diagnostic and monitoring techniques.

A fully licensed and accredited international staff supported by medical and technical consultants from around the world and a complete support team of physicians, nurses and specialists assure comprehensive, 24-hour, in-house medical attention as well as comfortable facilities for out-patient therapy.

AB-Mexico is a full-service complex with laboratories, operating room, speciali.7.ed kitchen facilities and dining room.

It is associated with the international Bradford Research Institutes (BRI), which are leading the integrative medical revolution sweeping

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world. BRI has assembled for AB-Mexico the most up-to-date rnational modalities and techniques for the diagnosis, monitoring

management of cancer, chronic fatigue syndrome (CFS), cardiovascular and circulatory disorders, immune dysfunctions, autoimmune disorders (including lupus, multiple sclerosis, rheumatoid arthritis, Sjogren's syndrome, and many others), the musculoneurological disorders (including Parkinson's), diseases of aging (including Alzheimer's), epilepsy, macular degeneration, childhood dysfunctions (including cystic fibrosis), asthma, allergies, sensitivities - the full spectrum of chronic, systemic metabolic diseases and conditions.

Thanks to the international BRI research team, AB-Mexico is able to keep ahead of the constantly evolving world of multifactorial, integrative therapies aimed at helping heal the whole person. BRI and AB have taken the lead in bridging the frequently conflictive worlds of standard or "allopathic" medicine and the "holistic" concepts of metabolic therapy and hence offer the best of both paradigms.

Among many therapies offered within integrated, individualized protocols are these:

• "FRESH'' LIVE (FETAL) CELL THERAPY. AB-Mexico is North America's only center where continuing research, development and application of "fresh" animal fetal therapy techniques as pioneered earlier in this century by the late Paul Niehans MD of Switzerland are in place for regeneration, rejuvenation and endocrine balancing. More than 60 years of application and stage-of­the-art research, together with cryogenic and protective methods for cell (animal only) preservation in our own laboratory are available here for a treatment method which clearly will be part of 21st century medicine.

• ADVANCED OXIDATIVE THERAPY. The BRI developed and pioneered the non-toxic oxidative agent Dioxychlor$ as probably the most effective anti-viral, anti-bacterial, anti-fungal medicine (oral, intravenous, topical) available in the world today. AB-Me:aco also utilizes ozone and other oxidants for the non-surgical diminution of accessible malignant tumors.

• BIOELECTRICAL THERAPY. The BRI developed ACN® (accelerated-charge neutralization), which changes cancer cell polarity and provides an effective, non-surgical, non-toxic approach to one of cancer's major protective mechanisms ..

• THERAPEUTIC MICROORGANISMS. A state-of-the-art technique developed by BRI, "anaerobic" anti-tumor microorganisms are available for the non-surgical destruction or diminution of malignant lesions.

• ANTI-CANCER HERBALS. Ongoing international research has led to the development of herbal poultices and salves for the "pulling·· and "'healing" of malignant tumors and for direct attack on internal tumors. They also are powerful immune modulators.

• COMPREHENSfVE ANTIOXIDANT THERAPIES. The balancing, supplementing, and/or enhancing of antioxidants, v.:hich selectively destroy or inhibit toxic oxygen factors ("R~TS", free radicals") has been a major BRI-AB research achievement. Vit.amin/~incral/ cn7.vmc/nutricnt anlioxidanls, including injectable supcroxidc diimutase, Laurine, thioprolinc, glut.alhionc, N-acclvlcysteinc (NACJ and glycyrrhizin, arc utilized.

• ilESPONSIBLE LAETRILE THEiw>Y. 13Rl and AB ha\•c researched and applied amygdalin Oaelrilc, Vitamin BI 7 ), both int.ravenously and orally, as anli-canccr agents, anlioxidanls and immune enhancement fact.ors.

v a·r-~· . • Ml 1.--1 &a'\l""\LI

Integrating all.~orms of progres -~e meruc1ne_ -standard and a~ernative - in the lrianagement of degenerative disease

• NUTRITIONAL MEDICINE. AB and BRI remain on the forefront in offering the proper balance of oral/intravenous administration of vitamins, minerals, enzymes, amino· acids, essential fatty acids and other nutrients to achieve balanced body chemistry (homeostasis) and as immune system modulators. Germanium, lipid selenium, and co-enzyme QlO are among many broad-spectrum nutrients in use.

• BUTYRATE COMPLEX/STAPHAGE LYSATE. AB is a world leader in utilizing innovative techniques in genetic repair and biological response modification, including the application of butyrate complex and staphage lysate, which are particularly effective in lymphomas and even moreso when part of a total therapeutic program. ·

• DMSO (DIMETHYL SULFOXIDE). DMSO, one of the non-toxic "wonder drugs," is in common use as a "carrier" of other substances, a specific antioxidant, and a broad-spectrum therapeutic.

• GEROVITAL (GH3). Dr. Ana Asian's formulation of procaine hydrochloride is utilized not only for rejuvenation/longevity but also for general immune system modulation and as a powerful antioxidant.

• EDTA CHELATION TREATMENTS. EDTA, "man's

•racle molecule," is administered intravenously for the elation" (clawing out) of toxic heavy metals and minerals as

part of a detoxification program, improvements in circulation, immune enhancement and inhibition of free radicals.

• CHONDROITIN SULFATES AND SP-54. Revolutionary .techniques to improve blood flow, treat arteriosclerosis, and help prevent heart disease include these two kinds of substances.

·• THE LATEST IN ENZYME THERAPY. Protein­digesting, anti-inflammatory and antioxidant enzyme combinations are in general use within integrated programs. These include the most advanced enzyme combinations available today (OXY-5000 and Inflazyme Forte).

·• ACUPUNCTURE. Several members of the AB sta!T are licensed acupuncturists. This technique is useful in pain control, diagnostics, immune enhancement and endocrine balancing.

• DETOXIFICATION/COLON THERAPY. Recognizing the extreme importance of sound gastrointestinal tract function, AB-Mexico applies numerous detoxification

~chniques including human flora r~placement therapy .. obifidus) as an integral part of metabolic treatments.

. • DIETARY PROGRAMS. AB-Mexico recognizes diet as central to the recovery of health and prevention of disease. It provides dietary consultation and utilizes organically grown foods for individualized programs. American Biologics has also published its own Cookbook for Healthful Living by Carole Bradford.

• SOPHISTICATED ADJUNCTIVE THERAPIES. Numerous state-of-the-art approaches and modalities ranging from physical therapy and chiropractic manipulation to cryogenic tumor therapy, vaccines ana biologicals, pH balancing programs and stimulators of natural interferons and interleukins are part of ongoing BRI/AB clinical research.

• INTEGRATED STANDARD TREATMENTS. Conservative use of standard medical procedures and substances (surgery, antibiotics, antihistamines, chemotherapeutic agents, anitfungal and antiparasite drugs, radiation, etc.) is integrated into total eclectic programs with heavy metabolic support.

• ADVANCED MONITORING/DIAGNOSTICS. For diagnostics, monitoring and patient workup, AB-Mexico offers:

• Complete laboratory facilities for blood, urine and stool analyses and arrangement with US laboratories for specific tests.

• The BRI-developed HLB (Heitan-LaGarde-Bradford) and LBA (Live Blood Analysis) tests, performed with the Bradford Zoom Projection Microscope (BZPM) -- a phase-contrast, multi­mode video-enhanced photomicroscopy system capable of up to 15,000 magnification, which allows detailed analysis of blood morphology.

• All standard and CBC multiphase blood and viral tests. • Immunological panels. • The 5-parameter Augusti Immune and Stress Blood Test. • The highly refined MIT (Metabolic Intolerance Test) for

food sensitivities -- a "must" for indi,•idunlizing dietary programs.

• Computerized hair and amino acid analyses for detection of mineral imbalances and altered metabolic pathways.

• X-rays, CAT-scan, Ultrasound and MIU. • Other standard blood assays and hormone profiles

(including CEA, PSA, sialic acid, AMA, HCG, 13 protein, elc.J.

• American Biologics-Mexico SA Hospital and Medical Center is under the direction of internationally acclaimed Rodrigo Rodriguez MD, a widely experienced nutritional and nuclear medicine physician who studied in Mexico, the United States, Canada and Germany.

Dr. Robert W. Bradford, co-founder of AB-Mexico and director of i:he hospital's research department, is the founder of the Bradford Research Institutes (BRI), American Biologics and the Committee for Freedom of Choice in Medicine, Inc. He is the holder of 10 patents, three honorary doctorates, and nwnerous awards and citations for his work and research in metabolideclecti.dnutritional approaches to degenerative diseases. He is the primary proponent of such ground-breaking concepts as orido/,ogy and the primordial thesis of can.cer. He is also developer of the Bradford Zoom Projection Microscope (BZPM®), ACN® and Dioxychlor®, and launched the innovative HLB and LBA blood tests internationally. He has authored 3 textbooks and 35 research papers to date.

Michael L. Culbert DSc, the author or co-author of 14 books in medical politics, economics and alternative medicine, and of nwnerous articles, monographs, video presentations and filmstrips, is AB-Mexico's

• director of information and international spokesman.

There are 17 physicians (MDs) on stafT and a support team of hundreds of consultants from Mexico and the United States as well as hundreds of research specialists and collaborators from the global BRI network. Non-resident physicians from around the world have hospital privileges at AB-Mexico.

AB-Mexico has a licensed and accredited nursing staff for its in-patient and out,.patient facilities, 60 support personnel, and a patient,.aid., patient,. support group program called LifeCamp!'. The hospital maintains ongoing orientation videotapes and a bw-eau of speakers who present instructional programs.

Our modem facilities, designed with patient convenience and comfort in mind, are on the newly developed east side of Tijuana, Mexico, only 20 minutes from San Diego Intemat.ional Airport.

Our modern, semi-private rooms are equipped with telephone, color television with US channels, an in-house closed-circuit television channel for patient education programs, intercom, and private bathroom. A security safe, mail service, and international telephone service are available, as are exercise and laundry facilit.ies and an ould<x1r lounge and patio.

While there are convenient first-<:lass hotels and motels nearby in modem Tijuana (home to thousands of Amc1icansJ, patienLc; and their companions are only 10 minutes from the US border. Transportation to'from AB-Mexico is included in our fees.

A total program for health and rejuvenation

A special program of rejuvenation and immune system enhancement for promotive health is available at American Biologic-Mexico S.A. Hospital and Medical Center. It includes state-of-the-art techniques for rejuvenation and life extension.

Utilizing the most advanced diagnostics and treatments to balance the body's biochemistry, individualized diet, live-cell (or cellular) therapy, Gerovital (GH3), EDTA chelation therapy and chondroitin sulfates and, where necessary or desired, cosmetic and restorative surgery, this is the first FULLY INTEGRATED program in the world both for specific immune stimulation for pathological conditions and for rejuvenation .

These techniques and therapies have been gathered under the AB-Mexico slogan:

"Look Younger-· Feel Better -- Live Longer"

NOTE: Since it is accredited as a licensed, full-service lwspital, most American prioale insurance compani.es reimburse pati.ents for most therapies offered al American Biologics-Mexico S.A. Hospital and Medical Center. This provides a tremendous financial inducement for patients to choose this facility aboue other medical centers.

AMERICAN @BIOLOGICS

A 0 rican Biologics-Mexico, S.A., To';ual and Medical Center offers

an international medical and nursing staff unconditimwlly at your service for promotive health and the management of disease. Our medical I re.search staff includes, front row, left to right, Humberto Mejia MD, Teresa Led6n PhD, Melba Romero MD, Jose Luis Burgos MD, and Javi.er Vasquez MD; back row, left to right, Jose A Henriquez MD, Moises Goldstein MD, Jesus Lozano MD, Victor Loustaunau MD, Medical Director Rodrigo Rodriguez MD, Research Director Robert W. Bradford DSc, Francisco Rique MD, Jorge Aguilar MD, Roberto Tapia MD, and Pablo Higuera MD. Not pictured: acupuncturist Richard Park MD. A full support staff of laborat.ory, kitchen and maintenance personnel plus a full nursing staff for 24-hour service and our drivers constitute an "AB-Mexico team" in place to serve you in mcdern facilities with a spirit of cooperation.

Breakthroughs in dia~gnosis and therapy The American Biologics-Mexico SA Hospital and Medical

Center are the first facilities in the ·world to implement the concept of "individuali:z.ed, integrated metabolic programs (IIMP)" and use the revolutionary blood tests HLB and LBA in diagnosing and monitoring degenerative diseases .

. :The UMP approach - combined, when necessary or practicable, with standard therapies - represents technology and modalities available from research in countries around the world as gathered by the Bradford Research Institutes (BRI).

Utilization of IIMP approaches as they become available and combining them-with standard treatments represents a !I expression of eclectic medicine, one which is achieving

tic results in the full range of chronic, systemic metabolic ons, challenges and pathologies.

AB-Mexico incorporates all standard blood tests together with the breakthrough diagnostics developed by the BRI. These include the HLB (Heitan-LaGarde Bradford) blood test for oxidative reactions and the LBA (Live Blood Analysis), which examines living blood factors at up to 15,000X (for white and red cell activity, immune and nutritional status, yeast, parasites, bacteria, mycoplasmas, etc.), and the 5-parameter Augusti blood test from France.

In place is the cutting-edge Bradford Zoom Projection Microscope (BZPM®) system (phase-contrast, darkfield­brightfield, fiber-optic, video-enhanced, h igh-resol u lion photomicroscopy -- the most advanced optical microscope in the world) for the HLB, LBA, and standard blood, urine, siool, and tissue anaylses.

The HLB was developed parallel to the BRl"s delineation of oxidology as a major medical subspecialty, explained in lhe precedent-setting Oxidology: the Study of Reactive Oxygen Toxic Species (ROTS) and their Metabolism in Health and Disease by

Robert W. Bradford, Henry W. Allen and Michael L. Culbert. Researchers from some two dozen countries participate in the continuing HLB-oxidology research project.

Doctors and research scientists are invited to seek information on international protocols, diagnostics and therapies by contacting American Biologics. I· \

! -r-.,

•

~ l'iVJ.J.\..,J:!., J.V J..JV\..,J.V.n..=> ~

The American Biologics-Mexi •. A Hospital and Medical Center is a fu1.credited and licensed general hospital/teaching facility with licensure for human research. As an accredited international hospital, staff privileges may be extended to physicians throughout the world upon request. Application information may be obtained through American Biologics' corporate offices at the address below.

CONTACT OUR ADMISSIONS OFFICE

For admission.arrangements and information, call TOLL FREE 1-(800)-227-4458, or (619) 429-8200. Or use our 24-hour

?AX, 619-429-8004. American Biologics is the duly authorized international patient/physician referral agent for American Biologics-Mexico

S.A Hospital and Medical Center, and is happy to respond to any and all inquiries.

• @ 1180 WALNUT AVENUE, CHULA VISTA, CA 91911

TELEPHONE (619) 429-8200 TOLL FREE: (800) 227-4458 FAX: 619-429-8004

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!;

-1 RICHARD A. HIGGINS, SBN 115736

LAW OFFICES OF RICHARD A. HIGGINS 2 4403 Park Boulevard

San Diego, California 92116 3 (619) 298-6662

4 Attorney for Defendant MICHAEL L. CULBERT

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.APR 2 9 1997

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9 SUPERIOR COURT OF CALIFORNIA .

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COUNTY OF SAN DIEGO, SAN DIEGO BRANCH

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RHONA GILKEY and JOHN GILKEY, ) )

Plaintiffs, ) )

V. )

) JACOB SWILLING, PAMELA SWILLING, ) TOM HAMILTON, DR. WENZEL, FRANK ) SALAMAN, MAUREEN SALAMAN, ROBERT ) BRADFORD, CAROLE BRA.D?ORD, ) INSTITUTO GENESIS WEST-PROVIDA, ) AMERICAN BIOLOGICS, S.A., MICHAEL ) L. CULBERT, RODRIGO RODRIGUEZ, ) JORGE AGUILAR, VICTOR LOUSTANAU; ) and DOES 1 through 200, inclusive, )

)

Defendants. ) __________________ )

* *

CASE NO. 698885

MICHAEL CULBERT'S SUPPLEMENTAL RESPONSE TO PLAINTIFFS'S SECOND DEMAND FOR INSPECTION OF

· DOCUMENTS

ICJ: Charles R. Hayes Dept: 41 Trial: May 30, 1997

22 PROPOUNDING PARTY Plaintiff's RHONA GILKEY and JOHN GILKEY

Defendant MICHAEL CULBERT 23 RESPONDING PARTY

24 SET NUMBER Two ( 2)

25 By responding to the request for production of documents

26 propounded by plaintiff's RHONA GILKEY and JOHN GILKEY, MICHAEL

27 CULBERT does not agree that the documents sought by this request

28 are relevant to any issue in this case and MICHAEL CULBERT is not

1 p LF 5' EXH. l , I FOR ID

TO DEPO. OF fhicbtff.L utl./!Jf.£.rb DATE .S- L,-9'7

"".,.. 01 1-!~ '·. BURLASON

1 J - • e 1 waiving his right to object to the admissibility of any information

2 or document provided in response to this request. MICHAEL CULBERT

3 responds to this request to the best of his present knowledge and

4 without waiving or intending to waive the right at any time to

5 review, correct or clarify any of the responses set forth herein.

6 MICHAEL CULBERT has not had an opportunity to complete his review

7 of documents relating to this lawsuit or to complete discovery.

8 MICHAEL CULBERT's responses to GILKEY's request is based on the

9 present status of discovery and shall in no way operate to

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foreclose MICHAEL CULBERT from relying on other additional facts

and documentation at trial. Without waiving the objections and

privileges available to MICHAEL CULBERT, the following responses

are provided.

OBJECTION TO LOCATION OF PRODUCTION

MICHAEL CULBERT hereby objects to the production of documents

at the location specified in plaintiff's request for production of

17 documents on the ground that San Francisco, California does not

18 constitute a ".reasonable place" as. required by CCP Section 2031.

19 In the al tern a ti ve, MICHAEL CULBERT has enclosed copies of the .20 documents being produced herewith.

21 RESPONSES

22 SUPPLEMENTAL RESPONSE TO DEMAND NO. 3:

23 Defendant MICHAEL CULBERT will produce to the extent that they

24 ._ exist and are in his possession or control, documents relating to

25 the plaintiffs' medical treatment at defendant AMERICAN BIOLOGICS

7.6 HOSPITAL MEXICO, S.A.

27

28 Dated: ~~//~-

Richard A. Hig~, Attorney for MICHAEL CULBERT

2

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Previous Therapies:------------------------------

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• • SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO, SAN DIEGO BRANCH

.3 TITLE OF CASE (Abbreviated): Gilkey vs. Swilling et al.

4 CASE NUMBER: 698885

5 I, the undersigned, declare under penalty of perjury that I am a resident of the County of San Diego, State of California. I am

6 over the age of eighteen years and not a party to the within entitled action; my business address is: 4403 Park Boulevard, San

7 Diego, CA 92116.

8 On April 29, 1997, I served the foregoing docurnent(s) described as: MICHAEL CULBERT'S SUPPLEMENTAL RESPONSE TO

9 PLAINTIFF'S SECOND DEMAND FOR INSPECTION OF . DOCUMENTS, DOCUMENT PRODUCTION BATES STAMPED 1 - 27 by placing true copies enclosed in

10 a sealed en~elope· addressed as follows:

11 Michael P. Guta, Esq . LAW OFFICES OF JOHN E. HILL

12 30 Hotaling Place, First Floor San Francisco, California 94111

13 James E. McElroy

14 LAW OFFICES OF .JAMES E. MCELROY 401 West A Street, Suite 1200

15 San Diego, California 92101

16 I caused such envelope to be deposited in th~ mail at San

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Diego, California with postage thereon fully prep~id.

· J: .am readily familiar with the firm's practice of collection and processing correspondence for mailing. It is deposited with -the u. s. Pos-tal Service on the same day in the ordinary course of business. 1·am·aware that on motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one (1) day after the date of deposit for mailing in affidavit.

(XX) (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct.

( ) {Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made.

GERI LYN THOMAS