Back on January 12 in the last entry here I speculated that Meryl Dorey and her precious network were lying about taking the TGA to the Federal Court.
The information I was relying on hasn’t changed. They didn’t file when they said they did.
But there is now new information confirming that they have indeed filed. The filing is here;
What they have also done is publish on their website the originating application, a general steps taken statement (required as part of the Federal Court Rules) and two Affidavits. There is a third but the Affidavit itself is not there – only the annexures. That’s the Affidavit of Peter Lam – the lawyer running this case.
The two published are from Dorey and a statistician called Lisa Mitchell. A statistician, claiming to be an expert witness.
My views are as follows;
For Dorey’s Affidavit, the reference to the experiences of other individuals should be redacted. It’s hearsay – and the people referred to are available so they have to provide their own Affidavits or be available as witnesses. The claims made by Dorey herself aren’t backed up by medical evidence in any of the appendices so unless she coughs that up those claims end up being hearsay as well.
For Mitchell’s Affidavit, the whole thing should be redacted. Her expertise is outside the relevant lines of this case. She is using statistics that are not appropriate – that is the number of reports of adverse events. The key in decision making is the number of the reports that are confirmed – a factor that Mitchell fails to acknowledge. Claiming the reports are an issue require medical back up and an expert witness from that sector. They don’t have one.
For the originating application – first things first. I was originally planning on intervening. But for me to be able to do that, I need a cause of action – and there isn’t a door available for me to do that. But in the good news, it is a very poor application. It relies entirely on the reports, believing that to be enough for the TGA to withdraw the approvals. It isn’t. The reports have to be confirmed as I said. No confirmation means everything said in the application is manifestly wrong and untenable.
This case – subject to a skim of Lam’s Affidavit if it can be found – is dead in the water. Even with Lam’s covering document I can’t see anything changing judging by his massive list of annexures. The TGA should apply to have it thrown out as an abuse of process with no prospect of success.