http://www.townhall.com/news/politics/200402/NAT20040212b.shtml

Doctor Who Got Atkins' Death Report Is Selling Diet Book
(CNSNews.com) - The death of low-carb diet physician Robert Atkins
might have produced a financial boon for a Nebraska doctor who divulged
private medical information about Atkins, and a political windfall for
an animal-rights activist group that received the information.

Dr. Richard M. Fleming, a cardiologist and founder of the Fleming Heart
and Health Institute in Omaha, Neb., disclosed the report two months
after releasing his own diet book in December. Fleming's book, titled
"Stop Inflammation Now!" has a list price of $24.95 and is critical of
high-protein diets like the one made famous by Atkins.

Information Fleming obtained from the New York City medical examiner's
office on Atkins' death showed the diet guru was obese when he died
last April from the complications of a fall. The examiner's report
suggested Atkins had a history of congestive heart failure and high
blood pressure, which his widow and supporters have denied.

A critic of Fleming accused him of having a "profit motive" by sharing
the report with the Physicians Committee for Responsible Medicine. That
group has received more than $1 million from People for the Ethical
Treatment of Animals (PETA) and the animal-rights movement.

"Fleming has a long-term animus against Atkins. He has been trying to
demonstrate for years that Atkins dieting is harmful to people," said
David Martosko, director of research for the Center for Consumer
Freedom. "He also, by the way, has a profit motive. He's out there
trying to sell books."

According to a description on Amazon.com, Fleming's book "recommends
that his diet be adopted in two phases: phase one is composed solely of
fruit and vegetables; after consistent improvement in cardiac health
has been accomplished, phase two, which adds whole grains, low-fat
dairy and moderate servings of protein, may be undertaken."

But the description also states, "Fleming is opposed to the currently
popular high-protein diets for losing weight."

Under pressure from Atkins' widow, Veronica, Fleming apologized
Thursday. His attorney, Scott Calkins, denied that Fleming had anything
to gain financially by giving the report to the Physicians Committee
for Responsible Medicine (PCRM). He said Fleming had done no media
interviews and did not seek out publicity.

"He had the report long before the Physicians Committee had it,"
Calkins said. "If he wanted to profit from it, he could have released
the report directly to the media himself and taken advantage of all
this if that's what his motives were. That's just not the type of
person he is. He's offended by the fact that PCRM released something
like this."

Calkins added that the Physicians Committee contacted Fleming after he
had received the report from the New York City medical examiner's
office. Fleming agreed to release it as long as it was used only for
research purposes, Calkins said.

"The Physicians Committee obviously betrayed their representation to
him as to the use of that report," Calkins said. "It wasn't to be
released to the media."

The Physicians Committee for Responsible Medicine didn't return a call
seeking comment.

Fleming's association with the group dates back to a press conference
Nov. 20 in Washington, which served as a forum to attack the Atkins
diet. He was part of a panel that included Dr. Neal D. Barnard,
president of the Physicians Committee, who is the author of several
books that emphasize a vegetarian diet.

While the Physicians Committee can claim that releasing the information
on Atkins was done in the best interest of the public, Fleming faces a
different scenario. Atkins' widow, Veronica, has already expressed her
concerns about the matter and could pursue legal action.

The Nebraska Department of Health and Human Services was notified of
the situation this week by the New York City medical examiner's office,
which admits it made an error when it issued the report to Fleming.

"We mistakenly released a case file. That case file was sent to a
physician who subsequently released that publicly," said Ellen
Borakove, spokeswoman for the medical examiner's office. "[Fleming]
either released it or caused it to be released."

The medical examiner's office is supposed to only release medical
reports to treating physicians and family members. Borakove said
Fleming did not misrepresent himself in his request for information on
Atkins.

Because complaints against doctors are confidential, the Nebraska
Department of Health and Human Services couldn't confirm or deny
whether one had been filed against Fleming. Spokeswoman Marla Augustine
said the department's board of medicine and surgery would review such a
complaint and pass along recommendations to the state attorney general.

"Unprofessional or fraudulent conduct is grounds for disciplinary
action against a license to practice medicine and surgery in Nebraska,"
Augustine said. "The ultimate penalty is revocation, but there's a
range of things that could happen to the licensee. There could be a
civil penalty, a reprimand, probation, suspension or revocation."

Augustine said anyone could file a complaint against a doctor, and she
noted that complaints remain confidential until the board submits a
"petition for disciplinary action." She said only a small number of
doctors are disciplined each year.

Regardless of whether action is brought against Fleming, Martosko said
the doctor likely knew how the situation would play out.

"Fleming willfully turned over this deceased person's private medical
file to the Physicians Committee, knowing full well what they would do
with it," Martosko said. "He was very familiar with the group and its
goals."

*****

TC