Geiers lose case against PSC

20 Oct

The attorneys for the families in the Omnibus Autism Proceeding (OAP, the class-action type hearings held in the “vaccine court”) were grouped into the “Petitioner’s Steering Committee” (PSC). The PSC hired experts to help their case. Mark and David Geier did not serve as experts on the OAP but felt that they deserved compensation. $600,000 in compensation. Nearly 10% of the total costs for the OAP.

Thanks to Left Brain/Right Brain commenter Anne, we now know the Geiers lost this suit.

The Geiers presented eight counts, and failed to make them stick

Count I — Breach of Contract;
Count II — Joint Venturer Liability for Breach of Contract;
Count III — Ratification;
Count IV — Implied Contract;
Count V — Unjust Enrichment;
Count VI — Joint and Several Liability for Professional Negligence (Malpractice);
Count VII — Civil Conspiracy for Fraud; and
Count VIII — Breach of Implied Warranty.

Here are some excerpts from the decision:

In sum, the Geiers have failed to present a factual basis for the Court’s exercise of specific personal jurisdiction over the Law Firms

Even if the Court has personal jurisdiction over the Law Firms due to their continuous and systematic contacts with the District of Columbia, it is necessary to dismiss the Complaint for failure to state a claim.

The Geiers’ malpractice claim is based on the disingenuous assertion that the agreement to assist the Geiers in petitioning the Vaccine Court for fee payment created an attorney-client relationship between the Geiers and the Law Firms. This allegation is not “plausible on its face.”

The Geiers’ civil conspiracy allegations are threadbare accusations that fail to state a claim, see Iqbal, 556 U.S. at 678, let alone meet the heightened pleading standard required by Rule 9(b).

One does wonder where the future lies for the Geiers. Mark Geier (the father and doctor of the team) is 65 and could retire. David Geier (the son who holds a B.A.) is a bit young for retirement. Mark Geier’s medical licenses have been suspended. The Special Masters in the vaccine court have made it clear that neither Geier is qualified to act as an expert or a consultant. And, now, the Geiers have burned bridges with many of the attorneys in the vaccine court. I’ve heard that the Geier address in Florida is registered as a mail order pharmacy.


By Matt Carey

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10 Responses to “Geiers lose case against PSC”

  1. Anne October 20, 2013 at 19:17 #

    Oh, the Geiers haven’t given up on that $600,000 yet. They filed an amended complaint in the case against the PSC, as to which another motion to dismiss is pending. Expect yet another court decision on this, probably before the end of the year.

  2. Laurentius October 20, 2013 at 22:09 #

    Persistant buggers aren’t they.

    I am not sure I believe any more that they are simply malicious and self seeking, I think they are genuinly deranged, Gawd help us!

    • Laurentius October 20, 2013 at 22:10 #

      I think I should have put a question mark in after the first sentence, but there you go, it’s that time of Sunday evening and I have had a hard day on the allotment.

    • Anne October 21, 2013 at 00:33 #

      Indeed, in its motion to dismiss the amended complaint, the Lommen firm argues: “Counting the Geiers’ two fee petitions in the Vaccine Court, the four versions of their complaint filed in the ongoing Maryland suit, and the two versions of the Complaint filed in this Court, this is their eighth bite at the apple.” If anyone wants to read the motion, it is here: http://goo.gl/IXQgZR

      • Sullivan (Matt Carey) October 21, 2013 at 05:23 #

        The line before the one you quote is interesting as well:

        “Without leave, the Geiers have filed an Amended Complaint that is a warmed over version of the same hodgepodge of conclusory allegations and conflicting theories of liability this Court previously rejected”

      • Sullivan (Matt Carey) October 21, 2013 at 05:38 #

        And ” the Geiers now try to gloss over the Vaccine Court’s indictment of their meretricious work for the PSC by alleging…”

        Metritricious is a new word for me.

      • Chris October 21, 2013 at 08:18 #

        Wow. A quick Google brings up these two definitions:

        mer·e·tri·cious
        merəˈtriSHəs/
        adjective
        adjective: meretricious

        1.
        apparently attractive but having in reality no value or integrity.
        “meretricious souvenirs for the tourist trade”
        synonyms: worthless, valueless, cheap, tawdry, trashy, Brummagem, tasteless, kitsch, kitschy; More
        false, artificial, fake, imitation;
        informaltacky, chintzy
        “the meretricious glitter of the whole charade”
        2.
        archaic
        of, relating to, or characteristic of a prostitute.

      • Chris October 21, 2013 at 08:20 #

        Now the trick is to decide if it is the first or second definition being used in the quote.

  3. lilady October 22, 2013 at 08:12 #

    There’s the third definition of meretricious found in Blacks Law Dictionary…

    http://thelawdictionary.org/meretricious/

    “Of the nature of unlawful sexual connection. The term Is de- scriptive of the relation sustained by persons who contract a marriage that is void by reason of legal Incapacity. 1 Bl. Comm. 436.”

    Perhaps the best definition of meretricious regarding the Geiers’ claims for reimbursement for their research, is explained by the Longman Dictionary of Contemporary English…

    http://www.ldoceonline.com/dictionary/meretricious

    “mer‧e‧tri‧cious formal

    something that is meretricious seems attractive but has no real value or is not based on the truth:

    meretricious research”

    How much did their trip to Europe to “conduct research” cost?

    Does this mean that both Geiers will amend their Income Tax filings for the year that they claimed that European trip as a business expense?

  4. el efecto Rayleigh February 7, 2014 at 03:52 #

    Hi Matt,
    I reached to this blog a couple of days ago when I was making research for a post in my own blog about the Geiers. Actually I have found very useful information and just want to share something very embarrasing: my country -Chile- is about to be the first country in the world to ban thimerosal-containing vaccines (http://www.bmj.com/content/348/bmj.g1355). This law has been propelled by an ONG called Bioautismo and the “expert advice” of Mark Geier. Yes. Both Mark and David Geier were invited to Chile -all expenditures payed by Bioautism- as “international experts on thimerosal and autism” and they were listened as advisors for the congress health committee (!). So, Chile is about to be the first thimerosal-free country in the world (a presidential veto to the law was raised this week) thanks to Mark and David Geier. I think -but I have no evidence for this- that they are also planing to export the Lupron Protocol and other “autism therapies” to my country. There you have a very good retirement plan for Mark Geier. I think that maybe you will be interested in this information.
    Cheers,

    Gabo
    __
    Gabriel Leon, PhD
    an angry scientist and science communicator

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