Maria Papagiannidou v. Greek Government, Hellenic Centre for Infectious Disease Control, Greek National Organization for Medicines and Laiko General Hospital in Athens

LAWSUIT

AGAINST

1. the Greek Government, that is legally represented by the Minister of Finance
2. the Ministry of Health and Provision, that is legally represented by the Minister of Health
3. the H.C.I.D.C., with the title “Hellenic Centre for Infectious Disease Control”,
4. the Greek National Organization for Medicines, that is located in Athens, Vas. Sofias Avenue.
5. the U.O.A.M.S. “Laiko General Hospital Athens”, that is located in Athens, Mikras Asias street

THE HISTORY OF AIDS

A scientific scandal arose when Luc Montagnier, of the Institute of Pasteur in Paris, also claimed to have invented the blood test. This was settled with a political agreement between US President Ronald Reagan and French President Jacques Chirac so that the two countries shared equally in the glory and the alleged benefits of the test.

For a long time the attention of the international audience focused on who was the father of the discovery, instead of examining its questionable validity. The first cases of AIDS that were described, according to the scientific report (MMWR, 5 June 1981), were five men in three different hospitals of Los Angeles, which were diagnosed with Pneumocytsis carinii pneumonia and had in their history the use of inhaled drugs (‘poppers’). They were all homosexuals, they had never before met each other, had never had sexual contact with each other, nor were their companions found to have similar symptoms.[…]

LEGAL BASIS

I request on the basis of the clauses of wrongdoing of the civil code and the associated laws restoration for the injury that I suffered from the failure of the organizations of the Government.

ABROGATION OF MEDICAL DUTY

Lack of legality in the implementation of the action plan.

Reliable evidence needs to be present before anyone is told that they are infected with a deadly virus. The patient should also be given a thorough briefing so they can give proper “informed consent” before taking an HIV test that might proclaim them to be fatally ill, and certainly before beginning treatment for the purported illness.

We do not get that in the case of ‘HIV/AIDS’. There is no reliable evidence for the existence of the virus, nor for its pathogenic power, nor its transmission through sexual contact, nor its detection with any test. Personally, I did not receive adequate information about this newly arrived syndrome nor did I have knowledge of the political and economic interests involved, nor the censorship of the critics of the AIDS theory. I only felt the cultural taboo surrounding the disease. I was well on my way to becoming another AIDS statistic until I discovered the “other side” of the case which was never provided to me. Following the advice and information provided by critics of the HIV/AIDS belief, even so late, led to my recovery from the AIDS curse and treatments. If that is so, then what happened to me and all around is a crime.

Infringement of the Article:11 of the law 3418 /2005

(Medical Deontology code).

The doctor has a commitment of truth towards the patient. He is obligated to fully and clearly inform the patient of the true state of their health, the extent and the results of this and the results of any proposed medical act, the consequences and any possible dangers or complications from them. The doctor must provide alternative proposals, as well as the possible time of recovery, so that in this way the patient can form a complete picture of the medical, social and financial factors and the consequences of their condition and can proceed with rational decision making. from article 12 (Consent of the informed patient)

but even and in pro rata, to article 24 (experimental research), of the clauses of the Law 3418 /2005

(Code of Medical Deontology).

1. The doctor is not allowed to proceed with any medical act without the informed consent of the patient.
2. The following are the requirements for valid consent from the patient:
   1. To be given a full, clear and comprehensive briefing, according to the previous article.
   2. The patient must have the ability to consent.
      1. If the patient is an adolescent, the consent is given by their parents or guardians taking into account, though, their opinion if the adolescent, within the judgment of the doctor, has the age, spiritual and emotional maturity to understand the condition of their health, the content of the medical act and the consequences or the results or the dangers of this act. In the case of paragraph 3 of article 11 the consent of the persons that have the parental care of the adolescent is always required.
      2. If the patient does not have the ability to consent, the consent for the execution of the medical act is given by the court supporter, if one has been appointed. If there is no court supporter, the consent is given by the family of the patient. In every case, the doctor must try to ensure the voluntary participation, synergy and co–operation of the patient, and mainly, that the patient understands the condition of his health, the content of the medical act, the dangers, the consequences and the results of this act.
   3. The consent must not be the result of deception or payment or threat and must not conflict with the principles of ethics.
   4. The consent must fully cover the medical act, its specific content and the duration of its execution.

HISTORY OF MY CASE

Quotes from the book “ADIO AIDS!” by Maria Papagiannidou, Oxy publications, 2008

Consequences today

Social life: The AIDS drugs made me sick and my life has been damaged in many ways for a very long period of time, from 1985 until up to two years ago, in other words for over 20 years.
I could not have a family from the age of 20 up to the age of 40, I am trying to achieve that now although at a large psychological cost and with the pressure of time. After the period that I was almost immobilised and suffering from excessive stress, I feel psychologically tired and have dificulty now to find the strength and liveliness for a social life. All my energy stores have been used up.

My professional career: stalled at the point it was at in 1995 and has not progressed since then. At that point I had the option to become chief editor in the cultural department of the newspaper “The Vima” but today I am practically sidelined without any hope of promotion due to my lack of stamina resulting from the mistaken treatment.

My financial situation: lost income from the years that I was too sick to work. My salary remains limited at the level of 1995, and there is no chance that I will be trusted with something larger or given more responsibilities with a larger reward. I also cannot change work: I have suffered so much psychologically and physically, so that I feel that I no longer have enough energy to start something new. Article 298 of the Civil Code «The compensation includes the reduction of the existing wealth (positive damage), as well as estimated lost profit. Such a profit is accounted for as that which one aims for with possibilities according to the usual progression of things or with special cases and mainly with continuing education.»

My health: There is no guarantee that the damage to the body from the antiretroviral treatment that I took for 12 years can be restored: From 10 March 1995 up to 23 November I was given AZT. From 23 November 1995 up until 24 September 1996, AZT and Hivid. From 25 September 1996 up until 26 May 1999, the first cocktail of protease inhibitors Norvir, Hivid, 3TC. From 27 May 1999 until January 2005, the cocktail Crixivan, Hivid, 3TC. And from January of 2005 until 23 April 2007, Stokrin, Viread and Emtriva.

Results:

• Brain damage. I do not remember words, information, things that happened a little while before. The partial amnesia that I had suffered beginning with the time that I started Crixivan (1999–2005) has subsided but still exists. I sometimes start to speak and forget what I wanted to say. I have difficulty in articulation. In big sentences coherence is lost. My thoughts are mixed. Sometimes my tongue is tied, it does not obey my thoughts. In writing I also have difficulty to meet the requirements of my work – I am a journalist, I write articles. Note that I was – and my reputation still remains – masterly in the use of words.
• I suffer different weaknesses without being able to find any explanation for these in the tests of classic medicine. According to the diagnostic examination BE–T–A (Bioelectronic analysis of the external environment of the body), that I did at the medical practice of the specialist pathologist Anita Mahler (12 Anavryton street, Maroussi) on 18/05/2009, these were diagnosed.
• Oxidation of the blood due to the overload of toxic medication and due to the oxidative stress. This means the blood retains its oxygen and does not transport it to the cells. Thus I lose quickly my energy and I get easily tired during the day. The mitochondria of my cells have been destroyed, and these are the basic energy factories in the cells. Their regeneration is extremely difficult.
• Chronic overload of the digestive system, disturbance of the intestinal microbial flora, under–functioning of the kidneys. I am trying now to restore the balance of my body by changing my diet, way of life and doing a recovery therapy (with biological medicines and other alternative therapies) following the advice of the doctors Anita Mahler in Athens and the doctor Juliane Sacher (Wielandstr.12, 60313 Frankfurt) in Germany.
• The lipodystrophy that was caused by the AIDS medication is not easy to repair. Whatever I have done to restore the situation, the signs of AIDS remain on my body to remind me what I have been through.
• Continued stress: The mandatory anti–retroviral treatment to prevent transmission in pregnant seropositive women and their children causes a great stress. I face the possibility to see my child to be poisoned in the same way that they did to me. Although I can still create the family that was unfairly deprived from me for so many years, I still find the executioners in front of me. I have the feeling that I will never get rid of them. These are toxic emotions.

  It is not easy to get rid of all these toxic emotions, and I am still affected by the “HIV” social restrictions mindset. I can reclaim my freedom and do not know what to do with it. I cannot change my way of thought again so quickly.

  I still suffer from those toxic emotions, and the anger for the continuing mistreatment adds to the problem.

The particular medical mistakes in my case:

1. Hypothetical diagnosis of Pneumocystosis carinii (in 1995)

   This diagnosis was made only with radiography findings, without confirmation with microbiological tests. I happened to have [what they called] pneumonia after 10 years of being found seropositive.

2. Hypothetical diagnosis of Cytomegalovirus

   This diagnosis was not supported by blood and urine tests but was made with only an ophthalmoscope. The ophthalmoscope does not see the virus. My true condition was the adverse effects of the antiviral medication.

3. Damage to my central nervous system

   The diagnosis of tuberculosis meningitis which led to damage to my central nervous system was not based on true objective findings. A positive culture for mycobacterium was not found in my file. Only a doubtful microscopic estimation with Ziel–Nielsen pigment.

4. Adverse effects from AZT

   This led to anemia and emaciation and a requirement for blood transfusions to keep me alive. The Greek state should be obliged to put into practice other therapies also that do not come from the pharmaceutical cartel, like micronutrient therapies proposed by independent research organizations (Lianou, Pauling, Rath, Jul.Sacher.)

The defendants committed the above described acts with no independent research whatsoever on this matter from qualified services, despite their obligation to do so (otherwise, one asks oneself, what is the reason of their existence if everything is researched and ordered by the super–ministries of health of the USA, i.e. the CDC, NIH and NIAID) (3rd & 4th accused). They adopted their position in record–time, right after the announcement by Mr. Gallo and the minister of health of the USA regarding the alleged «discovery» of the HIV virus (as a probable – in their words – cause of what was called up to then, and renamed after, Gay Related Immune Deficiency) all the proposed tests and the deadly poison AZT, an alleged «medication», (I repeat that it had never been used as a medicine, not even in cancer patients, due to its horrid toxicity)

They broke all the then and now existing clauses regarding pharmaceutical and medical deontology, and moreover, with the constitution of mandatory protocols of “treatment”, they also broke the clauses of the a.l. 1565/1939 “Regarding the code of the practice of the medical profession” the commensurate of today’s article 3 of Law 3418/2005.
Should it be said that it is a major scandal, the adoption and unconditional acceptance and imposition of the above theory and “therapeutic treatment” (that was imposed, we repeat, in one night by a press conference with the potency of the mainstream media of the world controlled by the big pharma) from the ministry of Health and the respective state organizations, without the incumbent, if only for formal clerkly reasons, examination of the strong objections by scientists of large scientific caliber like Peter Duesberg – the most prominent of today’s retrovirologists, Kary Mullis – “the Einstein of Biology of the 20th century”, (Nobel Prize in Chemistry 1993), Prof. Etienne de Harven – a leading specialist of the medicine of tumors and electron microscopy, the Australian “Perth Group” – led by the biophysicist Eleni Papadopulu–Eleopulu, and so many others (See Bibliography) versus relatively unknown until then (1984) scientific personalities like Gallo and Montagnier.

The tragicomic result of all this is for us to wait for the removal from the market of the dangerous «medications» of AIDS from the companies that markets them, for them to also be recalled by the Greek ministry the next day. This is an abdication of every sense of responsibility, not only for the patients, but also for the Greek medical community. And for the subjects of the pharmaceutical industry who took the medication unfailingly until that day, following the advice of their doctors, waiting for the big miracle.

With the above parallel acts and failures (false diagnosis, unsuitable and wrong therapeutic treatments, indifference towards the side effects of the prescribed therapy, lack of information for the entire basis of the medical treatment and non-specificity – according to the manufacturers’ own documents – of the initial test to diagnose seropositivity, see Above basis of my case, something that, even today, meticulously and insiduously, they hide from their patients), with my lack of agreement with the medical treatment, that should have followed my full informed consent, which of course has never been done to any patient let alone to me, whom they consider simply as future consumers of toxic substances called «medication» beyond the direct derogation of the articles regarding the medical profession and medical deontology, [article 13 and 24 of a.l. 1565/1939 «Regarding the code of practice of the medical profession» and Law 3418 /2005 (Code of Medical Deontology).] which caused severe harm to my mind and body, by the definition of article 57,59, which is invoked for every crime, by act or omission, derogation of goods that are integrally associated with the person and constitute my own physical, psychological, spiritual and social individuality, with the accumulated harmful wrongdoing caused on me (by the meaning of 914, 920 ,932 ?? ) that inflicted moral damage, and also of course caused major sufferings.

LEGAL BASIS

• The European Convention on Human Rights (law 53/1974, article 8) and the International Agreement for Individual and Political Rights (law 2462/1997, articles 17 and 22).
• Article 21 par. 3 of the Constitution,
• Article 13 and 24 of the a.l. 1565/1939 «Regarding the code to practice the medical profession»
• Articles 57, 59, 297, 299, 346, 914, 926 and 932 of the Civil Code and 104,105,106 of the introductory Law of the Civil Code.

• of article 330 paragraph b of the Civil Code
• of articles 4, 5 and 7 of the Presidential Decree 358/1992 (Organization –Operation – Responsibilities of the Hellenic Centre for Infectious Disease Control)
• of law 2071/1992

Because

The financial compensation for the above moral damage amounts to 6.000.000 euro,

In complement of the above reason causing moral damage, a legal case stands that arose from wrongdoing, to threaten against the defendant’s personal confinement of 3 months, as a way for the decision to be executed.

the present case is legal and substantiated and has claims in the form of the documents and witnesses

FOR THESE REASONS

• That the present case be accepted. The published decision condemns the accused to pay me, from their above professions, as completely responsible for this, the amount of 6.000.000 euro, as financial compensation for my as above moral damage, with legal interest from the delivery of the present case up until the full payment of the above amount
• The published decision be certified for immediate implementation
• To threaten personal confinement of 3 months of the accused, as an implementation mesure of the decision that will be published.
• The defendants pay for my court expenses.

Athens, July 8, 2009

The Assigned Lawyer
Christos Parissis