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Why DC Has the Worst Hospitals In America

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Testimony before the DC Councilmember Catania pointing out that members of the Board who are associated with Georgetown University Medical Center (Georgetown) and/or its holding company, Medstar Health (Medstar), actively participated in a complaint investigation of Michael Pfeiffer, a foreign national,'s unlicensed practice of medicine at Georgetown University Hospital, and prematurely halted that investigation before asking the person to respond to the allegations and collecting all of the facts of the case. In the second case, Medstar affiliated members were active in waiving and rewriting a critical licensing requirement for a foreign educated research physician only after he joined the Georgetown staff

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									  Testimony of Roy Morris, Esq Regarding the DC Board of Medicine
                 DC City Council, Committee on Health
                              March 18, 2010
                                       .
      Mr. Chairman and Honorable members of the Washington DC City
Council, my name is Roy Morris. For over thirty-five years, I have been an
active advocate for the publics’ interest.

        I have examined the meeting agendas and notes of several recent
cases before the Washington DC Board of Medicine (Board) and, in my
opinion; they reveal a serious problem with quality and process. In the
cases I looked at, the Board members – specifically those who have
affiliations with Medstar Health (Medstar) – failed to recuse themselves
from deliberations involving matters in which Medstar, or Medstar
affiliates, appear to have had a conflict of interest.

     Such failures to recuse are improper, and undermine the Board’s
independence, as well as its obligations to the citizens of the District of
Columbia. Without such recusals, the DC Board of Medicine acts as if it is
owned and operated by Medstar Health, rather than the citizens of DC.

        In one case I examined, members of the Board who are associated
with Georgetown University Medical Center (Georgetown) and/or its
holding company, Medstar Health (Medstar), actively participated in a
complaint investigation of a foreign national’s unlicensed practice of
medicine at Georgetown University Hospital, and prematurely halted
that investigation before asking the person to respond to the allegations
and collecting all of the facts of the case. In the second case, Medstar
affiliated members were active in waiving and rewriting a critical
licensing requirement for a foreign educated research physician only after
he joined the Georgetown staff.

      In my opinion, because of the DC Board’s failure to enforce the law in
the first place, the neurologist Michael Pfeiffer, is now practicing
medicine in Washington DC after failing to obtain a license from the DC
Board of Medicine. He is a German Citizen who was a fellow at
Georgetown from June 2007 through June 2008. He had applied for –
but was never granted -- a full DC license from that period onward. As will
be explained, he appears to have used that unprosecuted unlicensed
practice to help obtain a license in Virginia, and, in turn, to practice at
the VA hospital in DC.

	
                                   1	
  
       When his application initially came before the Board’s Staff in 2007, it
astutely refused to grant the neurologist a license because he did not
provide proper proof of his foreign medical education -- namely, a
valid medical school transcript (see memo November 2008 attached to
Petition for Reconsideration at King-65). When a complaint for unlicensed
practice was filed in 2008, a staff memo evidences that it found that for
one year (2007-2008) he practiced medicine at Georgetown and its
affiliates as a fellow, without a valid medical license or Post-Graduate
Physician Training Certificate (PPT).        According to the Georgetown
website, a fellow at Georgetown, gets staff privileges – which typically
includes the power to order tests, write prescriptions, and admit patients
without direct supervision.1 Under the law of the District of Columbia, no
person in the District of Columbia can legally engage in these activities
without a medical license or PPT.

      But, despite the staff’s findings, the Board halted the complaint
investigation for unlicensed practice, Specifically, the meeting minutes
show that Dr. John Lynch -- who is affiliated with Medstar -- made a motion
to stop the investigation -- without even having the Board request this
neurologist explain the facts surrounding his alleged unlicensed practice
of medicine and failure to produce a valid foreign medical school transcipt.2

      From my review of the materials, it is my opinion that these
violations contributed – in at least one case – to the substandard
diagnosis and care of a six-year-old child with a seriously life-
threatening compromised immune system. Georgetown’s physicians
took direction from and/or delegated responsibilities to this neurologist --
thinking he had qualifications to practice as a physician in Washington DC.
When a complaint was filed documenting alleged poor performance of
those physicians, the Board looked the other way as well, gave in to
procedural shortcuts urged by Medstar’s attorney, and dismissed it.3
	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  
1	
  A recent letter of March 16, 2010 from the Board’s attorney fails to recognize this requirement of the DC Statute he
quotes. See, Attached hereto at King-141.	
  	
  	
  
2	
  According  to the Georgetown/Medstar websites, Dr. John J. Lynch has conflicting responsibilities as a member for
the DC BOM, Medstar Health-Georgetown Institutional Research Board, and he is on the staff of Washington
Hospital Center (WHC), a Medstar Health facility.
3	
   During this past summer, the Board dismissed a complaint against two physicians, Dr. Scott Myers (pediatric

oncology) and Dr. Thomas Rubio (pediatric infectious disease), for failing to comply with the standard medical
procedures in evaluating, and treating a six year old child with severe chronic neutropenia (a graph of the severity is
found on page one of the attachments, and the complaint against the physicians is attached to the Petition at King-
72, et. seq.). Georgetown has refused to treat the child with the only known medication, GCSF or do timely and
medically indicated tests to evaluate the child’s conditions, including testing for toxins -- a cause suspected by Prof.
Dr. Karl Prof. Dr. Karl Welte is a world-leading expert on GCSF and Pediatric severe chronic neutropenia, (who

	
                                                                                                             2	
  
      The Board’s failure to fully investigate and punish this unlicensed
practice of medicine allowed this neurologist to go to Virginia to obtain a
license with an artificially “clean slate.”

      He then used that Virginia medical license to get work at the
Veterans Administration Hospital in Washington, DC -- which,
incongruously, now allows him to practice on DC residents at that
hospital even though he did not qualify for a license in Washington DC.
The Board accommodated him even further by removing from its website
the fact that he had made an application for a license that was not granted -
- a material distortion of the facts and allowing him to continue on this
“catch-me-if-you can” adventure in medical licensing.

      The problem’s source is that the Board was conflicted and failed to
follow standards for recusal. To have found the neurologist engaged
in unlicensed practice would have implicated Georgetown and
Medstar, which had allowed him to practice, which typically includes writing
prescriptions and billing for the services of a fully licensed physician.

       Washington DC cannot afford to have unvetted and unqualified
persons practicing medicine with immunity. Failing to make those who
violate these requirements accountable can only lead to exposing patients
unnecessarily to medical risk by others. As documented in Bill Myers
article in the DC Examiner, there were 529 errors in DC hospitals during
the period that the neurologist was practicing without a license. (Bill Myers,
529 medical errors reported during 12-month period in D.C., DC Examiner,
Jan 13, 2009)). Failing to punish or at least reprimand can only send
the signal that all will be forgiven when licensing requirements are
ignored.
	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  
reviewed all of the child’s medical records). The two medical complaints were improperly assigned for review by, and
recommendations by, two conflicted board members, Dr. Cheryl Williams (Medical Director at CFSA) and Dr. Marc
Rankin. Dr. Cheryl R. Williams was conflicted because she is the Director of the special medical unit for CFSA, which
had already decided a related matter without investigation, namely whether the child’s father, Michael H. Pfeiffer had
engaged in medical neglect/harm. Based on our research, Dr. Rankin appears to be the brother-in-law of a DC
Superior Court Judge Mitchell-Rankin, who had already been prejudiced by an unauthorized ex parte disclosure by
James Toscano, JD of the CFSA regarding the physical and sexual abuse and medical neglect/harm investigation of
Pfeiffer -- which investigation was prompted by the filing of two mandated reporters (Dr. Joy Silberg of Shephard Pratt
Hospital and Dr. Robert Sklaroff (a 30 year veteran hematology/oncology expert). Finally, the conflict of interest was
only amplified by the fact that Board Chair, Dr. Frederick Finelli -- who is on the board of Washington Hospital Center,
also a Medstar affiliate -- was the board member who made the motion to close the investigation against the two
GUMC physicians. The Board’s failure has ultimately resulted in the continued life threatening condition for a little girl
who has been used as a pawn. Georgetown staff has not been forced to determine the underlying cause of a severe
neutropenia condition in a six-year-old child -- leaving the child exposed to potentially fatal infection.

	
  

	
                                                                                                                                                                                                                                 3	
  
      Looking the other way by the Board, led by activist Medstar affiliated
Board members, appears to me to have placed Georgetown and its
Medstar affiliates above the law. This is very detrimental to the welfare
and well being of the District’s residents, and appears to have followed a
pattern over the years as documented in Cheryl W. Thompson 2005 article
reporting that this BOM rarely punishes physicians. Board Rarely Punishes
Physicians, Washington Post, April 11, 2005 at A01 .

      A second example is the case of Dr. Girlanda who once
practiced at NIH. The Board’s website show that while at NIH he had an
ungranted application for a DC medical license pending, apparently
because he did not fulfill all of the qualifications for a license. When he
transferred to Georgetown, and he applied again, the minutes show that
Dr. Finelli, also affiliated with Medstar,4 made the motion to waive part
of the licensing requirements and rewrite part of the regulations to
allow Dr. Girlanda to practice medicine at Georgetown. Was this move
to Georgetown tied to the grant of the waiver and regulation rewrite? Was it
motivated to allow Georgetown to engage in high volume lucrative
simultaneous donor kidney transplants along with the excellent publicity for
Georgetown?. (See attached January 2009 Minutes (Petition at King-70a
and 72a, and “26 operations, 13 kidneys in largest donor chain,” AP
December 14, 2009.).

RECOMMENDATIONS
     In light of these cases that undermine the DC Board’s integrity and
the medical services to the citizens of DC, we recommend that:

     1) The Council requires that the Board maintain its independence,
and require recusal where a conflict of interest may exist. Legislation that
unequivocally imposes independence, strict rules about licensure and
avoidance of conflict is needed and

     2) The Council mandates a de novo independent review by
Deborah Nichols, the DC auditor of all complaints that have been
disposed of in the last two years where a conflict of interest might have
occurred.


	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  	
  
4	
  Dr. Finnelli is a member of the board of Washington Medical Center, which is owned by Medstar Health -- which
also owns Georgetown University Hospital.

	
                                                                                                                4	
  
                                                                                                                                                                Exhibit IIa: Updated ANC Chart Including March 12, 2010
                                                                            ANC Counts -Neutropen ia


                                        4/7/10
                                       12/7/09                                            GCSF Gi    E




                                                                                                                                                                             Blood Results
                                                                                          for Toot       xt ractibn
                                        8/7/09
                                        4/7/09
                                       12/7/08
                                        8/7/08
                                        4/7/08
                                       12/7/07                                                                NOIe-'
                                                                                                              Neuttopenta.:. ANCleM lhan lSOO
King v Pfeiffer, Case No. 09-FM-1484




                                        8/7/07                                                                .sevetl? Nelottrgpellia '" I\NC leu ttl..n SOt)



                                        4/7/07
                                       12/7/06
                                        8/7/06
                                        4/7/06
                                                 o   500   1000 1500 2000 2500 3000 3500 4000
                       R-APP-3
ROY MORRIS, ESQ.

                                                                    !   PO Box 100212
                                                                    !   Arlington, VA 22210
                                                                    !   202 657 5793
                                                                    !   509 356 2789 (Fax)
                                                                    !   Roy Morris@alum.mit.edu
                                                                    !   Member of the Bars of the:
                                                                        District of Columbia and
                                                                        United States Supreme Court
January 12, 2010

Chairman Dr. Finelli and Board Members
DC Board of Medicine
717 14th Street, NW, Suite 600,
Washington. DC 20005
(202) 724-4900 or (202) 724-8800
(202) 727!8471 Facsimile

       Re: Petition for Reconsideration and/or New Complaint Against Georgetown
       University Hospital and Michael H. Pfeiffer for the Unlicensed Practice of
       Medicine Based on New Matter.

       Based on new matter made available to Dr. Ariel King through the Freedom of Informa-
tion Act Request and other sources, Dr. Ariel King, through her attorney, hereby asks that:

       1) The premature aborted complaint applications numbered 09-029 and 08-098 Dr. King
       filed in against Dr. Michael Pfeiffer be reopened and fully investigated.
       2) In the alternative, this filing should be considered a new complaint,
       3) In either case, the complaint be fully investigated and penalties imposed upon:
                a) Dr. Michael Pfeiffer for the flagrant practice of medicine without a license, and
                b) Georgetown University Hospital for the flagrant allowance of the unlicensed
                practice of medicine, prescribing medicines, tests and billing within its hospital
                and facilities.
       4) any Board of Medicine member who has an affiliation with Georgetown University
       Hospital, Medstar Health Systems should be recused from these proceedings, which
       would include Board Chairman Dr. Finnelli, Members Dr. Lynch, Dr. Williams, and Dr.
       Rankin.

        Finally, since there are no exceptions to the statutory licensing requirement, particularly
with regard to the nature of the party that bring violations to the attention of the DC Medical
Board, the relationship between Dr. Pfeiffer and his wife, Dr. King, is not relevant and should
not be considered, as this complaint is a legal matter involving public safety for all citizens of the
District of Columbia. Moreover, it is the responsibility of the DC Board of Medicine to enforce
licensing requirements with neutrality -- providing no preferences with regard to a physician
based on any affiliation they may have with Medstar Health or any of its affiliates.

       Background
       The DC Board of Medicine is entrusted with the enforcement of the statutory licensing
                                                  1
requirements of the DC Code for healthcare professionals.1 The dangers of having unlicensed
practitioners treating patients in the District of Columbia is well know. The legislature has
recognized this danger and made clear that no person may practice medicine without a valid me-
dial license. There are no exceptions.2 Nor may a hospital allow the unlicensed practice of
medicine within its facilities. In fact, during the same time period involved here, the death rate
in the hospitals of the District of Columbia was notably excessive. Bill Myers, 529 medical er-
rors reported during 12-month period in D.C., DC Examiner, Jan 13, 2009). (See, Exhibit I)
This Board has a reputation in the past of not punishing physicians for violations. Cheryl W.
Thompson, Board Rarely Punishes Physicians, Washington Post Staff Writer, April 11, 2005 at
A01 (See, Exhibit II).

       On or about September 25, 2008, Dr. King filed a complaint with regard to her husband
regarding his unlicensed practice of medicine in the District of Columbia (See, Case 09-029, Ex-
hibit XVII and On February 7, 2008 Abuse of Private Patient Information (See, Case 08-098,
Exhibit V). On December 22, 2008, the Medical Board provided various documentation in re-
sponse to a FOIA request by Dr. King.

        Statement of Facts:
        Based on new information including information from that FOIA request, including the
November 18, 2008 Memorandum of the Medical Board, the agenda, the January 28, 2009 Board
Meeting minutes, and the websites of Georgetown University, Children’s National Medical Cen-
ter, and the DC Medical Board (See, Exhibits I - XXXVIII), the following is undisputed:

         a) Dr. Pfeiffer did not have a medical license or PPT issued to allow him to practice
            medicine in the District of Columbia from July 2007 through July 2008 (See, Exhibits
            XVII and XIX).

         b) Dr. Pfeiffer was practicing medicine at Georgetown University Hospital, other Med-
            star facilities, and Children’s National Medical Center in Washington DC during that
            period (See, Exhibits XVII and XIX).

         c) Dr. Pfeiffer had submitted an incomplete application for a medical license on or be-
            fore June 12, 2007 (See, Exhibits IX and X).

         d) Georgetown University Hospital and Medstar administration had investigated Dr.
            Pfeiffer as late as March 2008 and thus knew or should have known that Dr. Pfeiffer
            was practicing medicine without a license on its patients. (See, Exhibits IX and X)
            Upon information and belief, Georgetown University Hospital still allowed Dr. Mi-
            chael H. Pfeiffer unsupervised seeing of patients, ordering tests, and prescribing
            medicines, and submitting insurance claims for work done from July 2007 through
            July 2008 period.

         e) During this unlicensed practice period, Medstar Health legal staff drafted and/or ed-

1
  § 3-1204.08. General powers and duties [Formerly § 2-3304.8]
2
  § 3-1205.01. License, registration, or certification required.
(a) A license issued pursuant to this chapter is required to practice medicine, ..., except as otherwise provided in this
chapter. ...
(b) A license, registration, or certification is the property of the District of Columbia and shall be surrendered on
demand of the licensor.
                                                            2
             ited responses that were represented as being from Dr. Pfeiffer to this Medical Board
             (See, Exhibits IX and X).

         f) Previously, on or about February 7, 2008, Dr. King filed a separate complaint against
            Dr. Pfeiffer for violating patient privacy regulations, including the HIPAA and medi-
            cal ethics standards (See, Case 08-098, Exhibit V). Dr. Pfeiffer used his credentials
            as a physician to get privileged access of another physician while he was in the oper-
            ating room (which he took because of Dr. Pfeiffer represented himself as a physician
            who urgently needed to talk to him about Dr. Margo King, the patient) and then, for
            personal gain, shared that information in real-time with non-medical third parties,
            breaching that patient’s right to privacy. He then used that information to falsely rep-
            resent the medical condition of that ICU stroke patient as being not serious in order to
            gain custody Dr. King’s 5-year old daughter. Since Dr. Pfeiffer gained custody, her
            once very healthy daughter began to suffer from the very rare blood disorder of se-
            vere chronic neutropenia, and Dr. Pfeiffer, suspected of having a role in its cause, has
            fought off attempts to identify the underlying cause and proper treatment of that neu-
            tropenia for over 20 months.3

         g) Georgetown University Hospital, and its parent Medstar Health, are implicated by
            Dr. Pfeiffer’s unlicensed practice of medicine at Georgetown University Hospital and
            its other facilities during the July 2007 through July 2008 period,

         h) Upon information and belief, Dr. Pfeiffer represented to the Commonwealth of Vir-
            ginia that he had received a full medical license to practice from Washington DC,
            and, based on that representation, Dr. Pfeiffer was given a medical license in Virginia
            in August 2008.

         i) Dr. Pfeiffer’s full licensing application to the DC Medical Board, in addition to being
            incomplete, contained several false and/or misleading statements (See, Exhibit IV).
            Specifically,

                  a. Dr. Pfeiffer stated that he had not applied for a medical license in any other
                     state previously, but in fact, he had submitted an application to Florida on or
                     about February 2007 which application he abandoned (See, Exhibit III).

                  b. Dr. Pfeiffer states that he did not have any illnesses that could potentially im-
                     pair his ability to practice medicine. However, several professionals have
                     observed his uncontrolled face (eye and mouth) twitching and indicate that he
                     appears to suffer from Tardive Dyskinesia, a side affect from the long term
                     use of psychotropic drugs which are typically used to treat serious psychiatric
3
  Professor Dr. Karl Welte is a world expert and renowned researcher on pediatric severe neutropenia, and GCSF
treatment, and the Co-Director of the Severe Chronic Neutropenia International Registry (SCNIR) -- who evaluated
all the laboratory and the bone marrow results thus far -- and suspects the neutropenia could be caused by “toxins.”
See, Exhibit XXXIII) Dr. Pfeiffer would be the prime suspect for giving those toxins in the form of drugs given that
he has denied to the child’s treating physician that she is being administered any drugs, and his ready access as a
physician to many drugs that can have neutropenic side-effects. Despite the fact that the now 6.5 year old child,
after 20 months, still suffers from Severe Chronic Neutropenia with ANC levels well below 500, and has had known
symptoms including permanent damage to her teeth and gums, as well as sores and lesions, in addition to the high
risk of fatal infection from low immunity, Dr. Pfeiffer has not insisted and resisted that the child have a toxicology
panel, and has he has not insisted that the child be administered a maintenance treatment of “GCSF” to boost her
immunity to provide protection until the underlying cause is determined.
                                                          3
                       disorders. Upon information and belief, Dr. Pfeiffer suffers from, what Ger-
                       mans call, a “nervous disease.”

                  c. Dr. Pfeiffer states that he completed medical studies in Germany at Humboult
                     University, yet he only produced what appeared to be a “medical school
                     transcript” in the USA for the first time in nine years (since 2000), to this
                     board in March 2009. The authenticity of that transcript is clearly in ques-
                     tion.4

                  d. Upon information and belief, Dr. Pfeiffer omitted information that he attended
                     “medical school” in Budapest Hungary before commencing his studies at
                     Humboult University in or about 1990.

                  e. When the Medical Board was first presented the complaint for the unlicensed
                     practice of medicine by Dr. Pfeiffer, the investigation of the matter was
                     aborted prematurely.

                                     1. The January 28, 2009 Board Minutes indicate that Dr. Lynch
                                        made a motion asking that the licensing case be closed, the in-
                                        vestigation be terminated, without demanding a response from
                                        Dr. Pfeiffer.

                                     2. Dr. Finelli also made a motion that the complaint against Dr.
                                        Pfeiffer for violating HIPAA and the patient’s right to privacy
                                        while he was unlicensed in Washington DC should be closed
                                        even though that matter was not on the agenda for the meeting
                                        and, based on the FOIA response, no staff memo had been pre-
                                        sented on their investigation.

                                     3. Both Dr. Lynch5 and Dr. Finelli6 have conflicts because of their
                                        extensive associations with both Georgetown University Hos-
                                        pital and MedStar Health, and that these violations occurred
                                        while Dr. Pfeiffer was actively practicing medicine at George-
                                        town University Hospital and other Medstar facilities, and that
                                        Medstar Health’s legal staff edited and/or drafted responses for
                                        Dr. Pfeiffer during the unlicensed practice period and thus was
                                        fully aware of Dr. Pfeiffer’s unlicensed status.

                                     4. Dr. Williams is also conflicted for any further consideration
                                        because of her work at DC Child and Family Services Agency
4
  Among the evidence that indicates that the English transcript produced to this medical board in March 2009 (al-
most two years after the application was submitted) is not authentic and appears to be cut and pasted: 1) different
type fonts and sizes between the letterhead/date, the “transcript” portion, and the signature block text, 2) the date for
completion of the clinical in Berlin is listed at “3/08” -- when Dr. Pfeiffer was working in the US, and 3) the text
continues below the signature, which is inconsistent with how German documents are produced (namely the last
item is always the signature ), See, Exhibit XXXIX) .
5
  Dr. Lynch is on the “MedStar Research Institute-Georgetown University Oncology (IRB) Institutional Research
Board Membership List.”
6
  Dr. Finelli , Vice President, Performance Improvement and Washington Hospital Center, which is owned and op-
erated by Medstar Health.
                                                            4
                                  in which she was directly and personally involved in the man-
                                  dated reported investigation of Dr. Pfeiffer’s medical neglect
                                  and harm, and sexual abuse.

                              5. Finally, Dr. Rankin has the appearance of a conflict because he
                                 is believed to be the brother-in-law of Judge Zenora Mitchell-
                                 Rankin, who heard the medical neglect/harm case against
                                 Dr. Pfeiffer in the DC Superior Court (09 DRB 1167).


        The DC Board of Medicine sends the wrong signals when it allows such a blatant case of
unlicensed practice and simultaneous violations of the HIPAA and medical integrity and ethics
to go unpunished. It is of particular concern when conflicted Board Members are involved in the
decision. This is an opportunity for the DC Board of Medicine to demonstrate that it will look at
this case and other instances of physician violations with the neutrality necessary to fulfill their
mandate to protect the public, regardless of the affiliation of the offending physician and his or
her employer.

        As a matter of law, these cases need to be fully and properly investigated, and Dr. Pfeif-
fer and Georgetown University Hospital need be held accountable for their actions. Any mem-
ber of the board in any way associated with Medstar, or any of its facilities, or with DC Child
and Family Services Agency or the DC Superior Court case 09 DRB 1167 must be recused from
any further deliberations involving this matter.

        Therefore, Dr. Ariel R. King and Dr. Margo G. King ask for the reopening of the prema-
turely terminated proceedings (i.e., those voted to be closed on January 28, 2009), as set forth
herein, and/or in the alternative treat this as a new complaint based on new information gathered
through the FOIA process, and against Georgetown University Hospital.


Respectfully Submitted,


Roy Morris
Counsel for Dr. Ariel King

cc: Dr. Ariel King




                                                 5
Exhibit: XXXIX Pfeiffer
               ... .
March 2009 Transcript of
                     -u \Go 3
Questionable Authenticity
          EDE "
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                    ,




                        King-134
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                                      Medical School Transcript - Michael Pfellfe r • page 2 of 3


            Clinical Education Part 1 {~ear 3}
            Subject                                                               Hours Attended '                                                   grado'
                                                          Practical training                     lecture         semlnaQ:/c.llnlcal course

            General Pathology                                                                      6()                       45                       Pass
            MiCfObiologyMrologylPal3snologyl                                      ~   ~~~
            'mmunology                           ':\' " j.
                                                            ,

                                                              " ,
                                                           00'·                      ,
                                                                                  '• ..,    ,.     90
                                                                                                                              30
                                                                                                                                                      Pass
                                                                                                                                                      Pass
            Biomathematics             . ' r~: ,\_             .~,


            Physical ElramlnaUOnIHlslor(l'iikl~g                                      ;>           75                        127                      Pa9s
            Clinical ChemjSlrylHem8to~~o-
            biochemistry & Transfusion M _ . one           30
                                                                                      1;           45                        30                       Pass
            Radiology & Protection from R~dlalio n                                                 30                        15                       Pass
            General Pharmacology 8. ToxiciQlo9Y                                                    90                        45                       Pass
             Emergency Medicine and First Aid                        30                                                                               Pass
             History of Medicine                                                                   15                        15                       Pass
 ,I          Human Genetics                                                                        30                        15                       Pa ..

~            First State examination passed on August 25, 1994, grade: flbelrledigend"


             Clinical Education Part 2 (year 4 & 5)
             Sub1ect                                                              Hours AUended                                                      grade
                                                          Practical training                     lecture         seminary/clinIcal course
             General Pr3cIJce & Family Medicine                      30                            30                                                     Pass
             Nalural Cure & Physiolherapy                                                          30                        15                           Pass
             Anesthesiology & Emergency Medicine                     30                            15                                                     Pass
             Social, Occupational, and Forensic
             Medicine & Hygiene                                      33
             Ophlalmology                                            15
             Surgery                                                 60
             Tapographlcal Anatomy
             Dermatology & Venerology                                30
             Obstelrios & Gynecology                                 30
             ENT                                                     30
             Internal MediCIne            ' . ,.,' ~ .'              90
,             Spej:ial ~hopnacology (1hef;ii>eti1icS)·
 .,         " NeiUology "
           . Ortti6PedlCs_
                              '"    '--,' ..' , ".- .
                                          " .~ ,.   r• •~
                                                                      30
                                                                     '30 ./ • •
             Pedialtios                                              45
             Psyehiaby                                               30
             Psych oso'l'a~c Medicine &,
             Psychothel3py                                           30
             SpeciafPalhology         •
             Urology
             Radiology & Nuclear Medicine
                                                                     15
                                                                     '    .       "
 i           Centi,by                 •
      !
             Ele<:tive rotations (,Famulalu( during Ihe semester breaks at the 3~ to S" year of sluay): 12 weeks

             Second State E.rcaminallon passed on MarCh 21'-1~~7.'i1,!,.r!e: ubefriedlgenrl'!(3.00)
                                                                              .                                    ~.          .              -
             ) 30   hou~ are oQuiValent 10 awrox. , week of lralnlng --                             ,>   .....   , ".   .'   ~•~ .
                                                                                                                               - 1::0.' •. '
                                                                                                                                                     King-135               I

          ", ." ,,-- '" ~...... ".~\iifi,."','li\.".,."..,-, ..•.,••:~d,
              4   NumbefeH deS.re f •.    <  ··'<jo: 01i''fin8Jex9ifit. "'~I.
                                              ",.

                                                                                              .·"\'..""iIf,~~it:1.\. .fIL,,, ., ~v.~-
                                                                                           ·:: 'ch;(,·£n;~"·rr'<    " -"."         .   'r.;   ' -'    :    , ,' ,   _'f".       "
.\                           Medical School Transcript - Michael Pfeiffer· page 3 of 3

      Clinical Education Part 3 (year 6)

      Full-time clinical rotations

      Dates                             Subject                  Hospital
      04.97 - 08.97 (16.weeks)          Neurology                National HospJtal for Neurotog ~ and Neurosurgery,
                                                                 Queen Square, London
!     08.97 -10.97 (8 weeks)            Internal Medicine        Chaling Cross Hospital. London


j
      10,97 -11 .97 (8 weeks)           Internal Medicine        PartkJinik WeiBensee, Berlin
      12,97 - 03.08 (16 weeks)          Surgery                  Patkkfinik WeiBensee. Beriin


'I    Third State Examinatlon passed on May 4, 1998, grade: "befriedigend"
r.    O verall grade of medical education: "befrjedigend (3.00)
                                                                      H


\:
 ,I   Michael Pfeiffer has compleled his medical studies. ","S passed four Stale Examinations and has
~I    fulfilled all requiremenlS for graining. '!Iie Medj<>;ll Degree /fom        the
                                                                           Berlin SIa,te Examining Board f9r
  ,   the Health Professions ("LandesprCifungsamt fOr die Gesundheitsberufe BeMin") on May 4. 1998.




      >,~J'~
      Prof. Dr. Annette GrOlers·Kiestich
      Dean
      Charite UniversilStsmedizin Berlin
      Joint Medical SclJoof of Humboldl·Universital
      and Freio UniversiUJt Berlin


                                                                                                               .F~.   r




      Eiq;lanatoiyMtes;




       are
       1 - ~sBhr gCJr:: outstanding performance, -90-100%
       2 ":" ..gut" ~ far above average performance, -8Q-89%
       3 -- ~~~(!fe~jg~'1~~ f.-.gqq~,~ "tlt.!tsP.c?-~~pjp~;:~lQ.-?9~ " ''i~ 1't,.~q. ,:~,~~~~~~~.,,};'~~.;~
       4 -.susfl3iCheno-=• performante meetS'.minimum criteria, "'":00-69%" t ' . "/vg~
              .... .,   . ... " ~ " • M.•'" " .,..'."
                                       ,              -.~ "..'     ". - .
                                                                                      '""l
                                                                                             • -- ... .-
                                                                                                         ~
                    ,
       -......::...,e'-~. faIling grades are:   (' -   .   .              -   l           ..    l. -
       5 .mange/haft':: fail ... 50%-59%



                                                                                                              King-136
26 operations, 13 kidneys in largest donor chain - Health care- msnbc.com                                                                                                   1/11/10 7:26 AM




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                            26 operations, 13 kidneys in largest donor chain                                                                                      Resource guide
  U.S. news
                            Record-setting swap may help expand transplants to most difficult patients
  World news

  Politics                                                                                                                                                         Netflix-Try for free
                            updated 12:38 p.m. ET, Mon., Dec . 14, 2009
  Business
                            WASHINGTON - Twenty-six operations put
  Sports
                            healthy kidneys into 13 desperately ill people:
                                                                                                                                                                 Our rates vs. the others
  Entertainment             Doctors in the nation's capital just performed a
  Health                    record-setting kidney swap, part of a
                            pioneering effort to expand transplants to
  Health care
                            patients who too often never qualify.
  Swine flu
                            "A whole new doorway of hope opened," says
  Diet and nutrition
                            Tom Otten, a suburban St. Louis police officer
  Women's health            who traveled halfway across the country earlier
  Men's health              this month to Georgetown University Hospital
                            to give a stranger a kidney so his wife would
  Kids and
  parenting                 get one in return.

  Sexual health             Relative after relative failed to be the match                                Manuel Balce Ceneta / ASSOCIATED PRESS
  Pet health                his wife, Irene, needed. Tests finally showed               Roxanne Boyd Williams, left, cries as she meets her kidney
                            her body wouldn't tolerate a kidney from 95                 donor Tom Otten, a suburban St. Louis police officer, in an
  Heart health                                                                          emotional reunion at the Georgetown University Hospital in
                            percent of the population.
                                                                                        Washington D.C. on Dec. 11, 2009.
  Fitness
                                            Story continues below !
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   Disable Fly-out          In Washington, Roxanne Boyd Williams was a                      INTERACTIVE
                            similar long shot. A sister's kidney had saved
                                                                                                                          Dose of reality
                            her in 2005, but it failed this year. This time
                                                                                                                          Do health care reform
  Marketplace               around, the 30-year-old mother's immune                                                       headlines leave you
                            system also had become abnormally primed                                                      saying “huh?” Visit
  Watch Movies
                            to attack any new organ.                                                                      msnbc.com's guide to
  Netflix-Try for free                                                                                                    health reform and send
                                                                                                                          us claims you'd like fact-
  Progressive               Dr. Keith Melancon, Georgetown's kidney
                                                                                                                          checked.


http://www.msnbc.msn.com/id/34408759/ns/health-health_care/                                                                                                                       Page 1 of 4
26 operations, 13 kidneys in largest donor chain - Health care- msnbc.com                                                   1/11/10 7:26 AM

                                                                                                                 checked.
  Get car insurance      transplant director, offered a rare option. If             Launch

  Deals, Coupons         both women could receive a close-to-perfect
  Updated prices on      donor kidney — one that few of their immune
  msnbc com shopping     system's elevated antibodies recognize — he'd filter from their blood
                         enough of the remaining antibodies to allow the new organ to
                         survive.

    Tuscan Window        A kidney exchange widens the pool of potential organs. That's when
      Mural Small        patients find a friend or relative who isn't compatible with them but
    Compare Prices
                         will donate on their behalf, and the pairs are mixed and matched.

                         Like falling dominoes, Tom turned out to be Roxanne's needle in the
                         haystack. Another young woman was Irene's. Roxanne's father came
                         from Florida, the answer for yet another impossible-to-match
                         grandmother.

                         "It's a large gift to give somebody, something so selfless," Williams
                         says, her hand clutching Otten's as the two meet a week after
                         surgery. "God bless you."

                          INTERACTIVE

                          Meet the donors in record-setting kidney swap


                         The chain reaction — multiplied by three altruistic donors, people
                         offering a kidney to anyone — turned into a 13-way transplant,
                         during six marathon days of surgery at Georgetown and nearby
                         Washington Hospital Center. It's believed to be the largest exchange
                         of its kind in a movement that could reduce the nation's long and
                         growing wait for a donated kidney.

                         Five patients got kidneys only because of the blood-filtering.

                         And strikingly, 10 of
                         the 13 kidney
                         recipients are black,
                         Asian or Hispanic —
                         important because
                         minorities are far less
                         likely than white
                         Americans to get a
                         kidney transplant
                         from a living donor,
                         the best kind.
                                                                        Manuel Balce Ceneta / ASSOCIATED PRESS
                         "You are going to die    Dr.Raffaele Girlanda, left, leads a team of surgeons perform
                         a lot earlier sitting on a kidney transplant to Roxanne Boyd Williams, at
                                                  Georgetown University Hospital in Washington D.C. on Dec.
                         that dialysis machine 4, 2009.
                         than if you get
                         transplanted," says Melancon, whose goal is to pair domino kidney
                         exchanges and the blood-cleansing treatment called plasmapheresis
                         to narrow the troubling disparities.

                         88,000 people are waiting for a kidney
                         Of the 88,000 people on the national waiting list for a kidney, just
                         over one-third are black, yet they receive only about 13 percent of
                         living-donor kidneys. Blacks are disproportionately struck by the
                         kidney-killing twin ravages of diabetes and hypertension, leaving
                         those on dialysis with fewer donor candidates among their own
                         family and friends.

                          CLICK FOR RELATED CONTENT

                          Nurses are key to matchmaking in kidney swap
                          Donor chain gives hope to transplant candidates


http://www.msnbc.msn.com/id/34408759/ns/health-health_care/                                                                      Page 2 of 4
26 operations, 13 kidneys in largest donor chain - Health care- msnbc.com                                                  1/11/10 7:26 AM


                          Pioneering 'domino transplant' doctor changes lives


                         For everybody, fewer than 17,000 kidney transplants are performed
                         a year.

                         "These procedures really multiply the number of transplants that can
                         be done," Melancon says, predicting the two together could enable
                         up to 4,000 additional transplants a year. "It's really almost a
                         religious experience when we start doing this, because it's
                         miraculous, it really is."

                         The Associated Press documented weeks of the complex logistics, the
                         ups and downs as Melancon's team planned initially for a 16-way
                         transplant, juggled donors and recipients for best matches and had
                         to drop some out — including one with heart problems that aborted
                         his surgery.

                         In the end, 13 pairs emerged with life-altering bonds.

                         CONTINUED : 'I'd like to be super-mom for once'

                         1 | 2 | Next >




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26 operations, 13 kidneys in largest donor chain - Health care- msnbc.com                                                                                  1/11/10 7:26 AM


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http://www.msnbc.msn.com/id/34408759/ns/health-health_care/                                                                                                          Page 4 of 4
                         GOVERNMENT OF THE DISTRICT OF COLUMBIA
                            OFFICE OF THE ATTORNEY GENERAL


Office of the General Counsel
    Department of Health

March 16,2010
                                                   -
                                                   ***
                                                   -
Via Fax (509) 356 - 2789; registered mail

Roy Morris, Esq.
PO Box 100212
Arlington, VA 22210

RE: In the Matter of Your Complaint On Behalf of Dr. Ariel King Against Dr. Pfeiffer

Dear Mr. Morris,

        I am the legal advisor to the D. C. Board of Medicine (the "Board"). The minutes for the
February 24, 2010 meeting of the Board will not be considered and voted upon as approved until the next
meeting of the Board on March 31, 2010. However, you emailed ATD DOH HPLA yesterday regarding
the status of your complaint. Please be advised that on February 24,2010 the Board declined to reopen
your client's complaint(s) against Dr. Michael Pfeiffer and declined to treat your letter of January 12,2010
as a "new complaint." The Board closed the matter.
        The Board determined that Dr. Pfeiffer was authorized to practice medicine while doing a
fellowship at Georgetown University Hospital (GUH). D.C. Official Code § 3-120L03(e) authorizes such
practice when the individual has filed an initial application for licensure in the health occupation and is
awaiting action on that initial application. Dr. Pfeiffer met that requirement as well as the other criteria
set forth in the statute. Secondly, several of the allegations set forth in your January 12, 2010 letter are
more appropriately filed with the Virginia Board of Medicine. Since Dr. Pfeiffer ultimately did not
submit all of the documentation necessary for licensure in the District, his application was closed in
November 2008. As he is not licensed in the District, the Board has no jurisdiction. You may submit any
complaint you wish to pursue to the Virginia Board of Medicine.
        Lastly, as to complaints submitted previously to the Board that you requested be reopened and
"fully investigated", or that the instant letter with documentation be considered a new complaint, the
Board declined to consider your submission a new complaint. The Board determined that the prior
complaints had been adequately investigated and that no violations of the laws and regulations that govern
the practice of medicine were committed and that no new evidence had been submitted that would warrant
reopening the complaints.
        The complaint was also against Georgetown University Hospital and was referred to Ms. Sharon
Lewis, Program Manager, Health Care Facilities Division, Health Regulation and Licensing
Administration (HRLA) within D.C. DOH. You may contact Ms. Lewis at (202) 442 - 4737 to inquire
into the status of your complaint against GUH.




         717 14th Street, N.W., 6th Floor, Washington, D.C. 20002 Phone: (202) 724-8915 Fax: (202) 724-8677
Sincerely,



PETER J. NICKLES
Attorney General for the District of Columbia


By:   tLll .. C.~
      ~. GREENHAUGH
      Senior Assistant Attorney General



Cc: Chairperson, Board of Medicine
    Executive Director, Board of Medicine
    Ms. Robinson, Licensing Specialist




        717 14th Street, N.W., 6th Floor, Washington, D.C. 20002 Phone: (202) 724-8915 Fax: (202) 724-8677 .

								
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