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COURT OF COMMON PLEAS

CUYAHOGA COUNTY, OHIO

EDWARD PATRICK, M.D., Ph.D. Case No.:


11322 Loftus Lane
Union, Kentucky 41091 Hon.:

Plaintiff,
COMPLAINT AND JURY DEMAND
v.

CLEVELAND SCENE PUBLISHING LLC


S/A: Csc-Lawyers Incorporating Service
(Corporation Service Company)
50 West Broad Street, Suite 1
Columbus, Ohio 43215

and

THOMAS FRANCIS
Serve: CLEVELAND SCENE
1468 West 9111 Street, Suite 805
Cleveland, Ohio 44115-0029

Defendants.

* * * * * * * * * * * * * * * **
Comes now the Plaintiff, Edward Patrick, M.D., PhD., by and through counsel,

and for his Complaint against the Defendants, states as follows:

1. That on or about October 27, 2004, Plaintiff, Edward Patrick, M.D., Ph.D.,

was a board certified emergency room physician practicing medicine in numerous states;

that Plaintiff further obtained his Ph.D. in Electrical Engineering from Purdue University

and a B.S. and M.S. in Electrical Engineering from the Massachusetts Institute of

Technology (MIT) and has also worked in the arena involving the role of electrical

engineering in medicine.
2. That on or about October 27,2004, the Cleveland Scene Inc. published a

newspaper, which was distributed throughout the State of Ohio, known as the "Cleveland

Scene", or simply as the "Scene".

3. That on or about October 27,2004, Thomas Francis was a reporter

employed by the Defendant, Cleveland Scene Publishing LLC, purportedly to research

and write articles of interest to the public.

4. That on or about October 27, 2004, the Defendants published an article

pertaining to the Plaintiff, Edward Patrick, M.D., Ph.D., entitled "Playing Doctor". A

copy of said article is attached hereto as Exhibit A.

5. That said article was, on its face, defamatory and libelous, containing

numerous false statements and implications regarding the Plaintiff. For example, the

headline under the caption of the article states, "lying on a resume isn't a crime - except

when a doctor does it. Luckilyfor Edward Patrick, the Ohio Medical Board is

forgiving."

6. That said statement implied that the Plaintiff, Edward Patrick, M.D.,

Ph.D., lied on a resume with regard to his qualifications and, further, that he was brought

before a disciplinary proceeding with the Ohio Medical (Licensing) Board. Said

statement is and was at all times false.

7. That said article published by the Cleveland Scene, further implied that

Dr. Edward Patrick lacks the qualifications and certifications to work as an emergency

room physician and that, further, his board certification process was false and fraudulent

Said statements and/or implications are false.

2
8. That said article implies that, because Dr. Patrick did not perform the same

number of surgeries as other residents during his residency at Jewish Hospital in

Cincinnati, Ohio, he did not properly complete his residency program. However, the

article fails to distinguish between an emergency medicine residency, plus "practice

route", one of three approved residency methods at the time Dr. Patrick graduated from

medical school, and the surgical residency, which required different qualifications. Thus,

the article further falsely refers to Dr. Patrick's residency in emergency medicine as a

"phantom residency at Jewish Hospital".

9. That said article further implies that Dr. Patrick has been "faking medical

credentials."

10. That numerous other false statements of fact appear throughout the article,

all of a defamatory and libelous nature.

11. That Defendants published the within article throughout the State of Ohio,

wantonly, recklessly and intentionally, with an intent to damage and injure the business

reputation of Dr. Edward Patrick, M.D., Ph.D., the Plaintiffherein.

COUNT ONE

12. That Plaintiff reiterates and realleges each of the foregoing allegations of

this Complaint and Jury Demand, as if fully set forth herein.

13. The article published by the Cleveland Scene and the Defendant, Thomas

Francis, herein, on October 27, 2004, contains false information defaming the character

and integrity of the Plaintiff, and the Defendants further published and disseminated such

information with knowledge or reckless disregard of its falsity.

3
14. That as a direct and proximate result of Defendants' said conduct, the

Plaintiff has suffered damage to his business reputation, resulting in loss of employment

opportunities and earning capacity.

15. Moreover, because of the reckless disregard or intentional wrongful nature

of Defendants' said conduct, the Plaintiff is entitled to punitive damages.

COUNT TWO

16. That Plaintiff reiterates and realleges each of the foregoing allegations of

this Complaint and Jury Demand, as if fully set forth herein.

17. That by publication of the within article, the Defendants published

information about the Plaintiff's private affairs with which the public has no concern and,

therefore, such publication is actionable without necessity of establishing a knowing

falsehood or reckless disregard of the truthfulness on the part of the said publishers.

18. That as a direct and proximate result of the Defendants' conduct,

publicizing private information about the Plaintiff of which the public had no concern,

the Plaintiff has further suffered an invasion of his privacy and consequential damages

resulting therefrom, including a loss of earning capacity and damage to his business

reputation.

COUNT THREE

19. That Plaintiff reiterates and realJeges each of the foregoing allegations of

this Complaint, as if fully set forth herein.

20. That the Defendants' conduct constitutes the tort of defamation in that the

Defendants published a false and malicious publication against the Plaintiff, with an

4
intent to injure his reputation or to expose him to public hatred, contempt, ridicule, shame

or to disgrace or to affect him injuriously in his trade, business or profession.

21. That as a direct and proximate result of the Defendants' said conduct, the

Plaintiff has experienced a loss of earning capacity, damage to his business reputation,

ridicule, and shame in the medical community, requiring him to answer and respond to

false allegations, publicly and privately, and has further been caused to experience

emotional anguish and distress.

22. Furthermore, because of the nature of Defendants' said conduct, the

Plaintiff is entitled to an award of punitive damages.

WHEREFORE, the Plaintiff prays for judgment, jointly and severally, against the

Defendants as follows:

a. For compensatory damages in an amount to be determined by ajury;

b. For punitive damages in an amount to be awarded by a jury;

c. For trial by jury;

d. For any and all other proper relief to which he is entitled.

N. Je ey I enship 0029634)
Edward S. Monahan, Sr. (#0043784)
MONO HAN & BLANKENSHIP
771 I Ewing Blvd., Ste. 100
PO Box 157
Florence, Kentucky 41022-0157
(859) 283- 1140
(859) 283-5155 (Fax) .
Email: jeff@J9lattys.com

s Iblkns/lIpl/JIIsmess llllgollonlpalrlck. edscomplotnt doc

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Feature
[G_OJ
Playing Doctor
IHOME Lying on a resume isn't a crime - except when a doctor
INEWS 8< FEATURES does it. Luckily for Edward Patrick, the Ohio Medical Board
I LETTERS is forgiving.
I DINING By Thomas Francis
ICULTURE
IMUSIC Pubilslled- Wednesday, October 27,2004
IfILM
INIGHT 8< DAY
There are no shortcuts to a career in medicine.
IBEST OF First-year residents at Jewish Hospital in
ICLASSIFIED Cincinnati accepted this. It consoled them
IPERSONALS through IDD-hour workweeks, each one more
IPROMOTIONS blurred by blood and disease than the last.
Residencies are as much a test of faith and
IWEB EXTRA
stamina as they are of skill.
IARCHIVE
IESUBSCRI8E To the class of 1975, Edward Patrick was an
outsider. At 38, he was older than most, a
IABOUT US
physical presence in the corridors but rarely a
I CAREERS voice. In his aloof, distracted way, Patrick
IFREE STUFF tended to a computer in the cardiac unit. A
professor of electrical engineering from Purdue,
he was merely conducting a study, one that
had nothing to do with the hospital's patients
or doctors.

Still, one couldn't help but notice that Patrick


CLeM HERE
UJ51T CUR DTHER
was a friend -- a shadow, almost -- of Dr.
PUBL.U:::FI·ncns
Henry Heimlich, then head of the Jewish
Hospital surgery department. Word got around
that Patrick helped develop the Heimlich
maneuver, a new invention at the time.

Most didn't know that Patrick had recently

Scene PAVILION
finished medical school and that he wanted to
abandon engineering for the emergency room.
Dr. Felix Canestri, the chief resident,
supervised residents when they performed
surgeries. Most did about 100 surgenes that
year. Yet Canestri doesn't remember ever
seeing Patrick at an operating table. "I can tell

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,~!~::'lI:..
.~.~,..., .,' ';:~
•. "'"''''
Tel
you I'm 100 percent convinced he was not a
resident/ Canestri says.
r/~I?nb'~ "He was there," says Dr. Ed Matem, a resident
at the time, "but he was not in the program."

Patrick's real job, in fact, was hours away.


Employment records indicate he was a full-time
professor at Purdue University in West
Lafayette, Indiana. Indeed, a local newspaper
from September 1, 1975, quotes Patrick as
saying he would spend only one day per week
in Cincinnati -- not nearly enough time to
tackle the insomniac schedules that were the
norm for surgery residents.

So Canestri is baffled to hear that Patrick lists a


Jewish Hospital residency on his resume.
"There are some strange things happening nee that Patrick
has an emergency doctor's
here," he says. training, so his presence in the ER
is worrisome.
The doctor asks what Patrick has done In the
decades since. When told that he's spent much
of the last 28 years In emergency rooms --
from Cleveland to Cape Fear, North Carolina --
it comes as a shock. "Practicing surgery?"
Canestri asks incredulously. Printer. frie~dly version of
thts story
Yes, all based on what appears to be a
Em_'!!.I Thomas rrsncrs
phantom residency at Jewish Hospital.
~ More stories by Thomas
While this may be a stunning revelation to Francis
Patrick's patients, it's old news to the Ohio D Send a I_~!ter to the editor
Medical Board. Trusted to ensure the
qualifications of state doctors, the board has 1~ Sen~ this story to a friend

long known of Patrick's questionable history,


but has left his license intact. The only mystery
tills Bilk in News
is why.
News
!(nockin.!:I. the Vote
Diebold says Its voting machines are
An emergency-room physician encounters bulletproof Hackers say otherwise
human life in its most fragile state -- so he'd
First Punch
better work well under pressure. That's
~.e~ .K_Q.qk~.!:l!sac.!li!
something you can't learn in a classroom. It's Technology research must be stopped.
why residencies are a crucial prerequisite. says God.

Kotz
To the med-school grad, however, residencies lilted lovers
are filled with high stress and sleeplessness, The Tribe is asking us 10 love a man In
wmgtJps
supervisors barking orders, and modest
paychecks quickly swallowed by student loans. Jarnrnlllg
Culture
It's a recipe for burnout. Studies show that Bruce Almi!lht}'
Kung-fu master kICks his way to the top
medical residents are often depressed, prone of our pop-culture pICks of the week
to substance abuse and suicide. Only the
Letters
strong -- and dedicated -- survive.
Style TIPS
Leiters published November 19, 2005
There may be some incentive to circumvent
this process. But faking medical credentials is
foolhardy -- nothing happens in American

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· cievescene.com I News s: Features Il'eature [Playing Doctor I1UU4-1O-27 Page 3 of3

medicine without a paper trail.

Few paper trails twist like Ed Patrick's.

When he applied for an Ohio medical license in 1976, Patrick claimed to be a full
professor at the Indiana School of Medicine. It has record of him working only as
an unpaid volunteer.

From there, his resume gets weirder. On most he lists special emergency
medicine training under Heimlich from 1976-'78, but Heimlich disavows this
claim.

On his American Medical Association profile, Patrick claims that he spent 1976-
'78 as a resident at Cleveland's Deaconess Hospital. This is surely false; the
hospital never had a residency program.

In his board certification listing, Patrick cites an emergency medicine residency


at the University of Cincinnati hospital. An internal memo leaked to Scene shows
hospital executives comparing notes and concluding that there's no record of
Patrick there. Executives also indicated he had no record at Jewish Hospital.

In the same listing, Patrick claims an emergency medicine residency at Purdue


University hospital. Purdue doesn't have a medical school, much less a hospital.

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Feature
§)
Playing Doctor (Page 2)
IHOME
In the early '80s, Patrick claims to have
INEWS &. FEATURES
founded a family residency program at St.
ILETTERS Luke's in Solon. He was on faculty there, but Getty Images

IDINING did not establish any program, according to


ICULTURE hospital sources.

IMUSIC The rest of the decade sees Patrick


IFILM crisscrossing Ohio, with emergency-room stops
INIGHT &. DAY in Toledo, Columbus, and Cincinnati, as well as
in podunks like Georgetown/ Circleville, and
IBEST OF
Hillsborough. By the mid-1990s, he becomes
iCLASSIFIED
even more nomadic, getting medical licenses in
IPERSONALS Kentucky, West Virginia, Georgia, Alabama/
IPROMOTIONS and North Carolina. If that isn't strange
IWEB EXTRA enough/ Patrick lists a birthdate of 1947 on
IARCHIVE
four of the licenses -- though his actual
birthdate is 1937.
IESUBSCRIBE
IABOUT US When interviewed in early August/ Patrick
ICAREERS refused to authorize the release of his work
records. Angry over his treatment in a previous
IFREE STUFF
Scene story -- "Heimlich's Maneuver," August
11 -- he declined to be interviewed for this
story. "1 am not interested in talking to you
until you show some credibility In your
reporting," he says.

I:LIr:K "ERE
UISIT OUA On-llLA
PUBLICRTlons Like any fortress, the medical profession
protects itself from invaders by guiding all Prinl.~r friendly versron of
comers though a series of checkpoints. If trus story
Patrick fabricated his residencv, the natural
.!'r:D.al! Thomas FrancIs
question is how he made it through each

Scene checkpoint, enabling him to practice medicine More stones by Thomas


Francis
for 2.8 years.
o Send a letter to the editor
PAVILION Only a few people have answers -- and none of
IrQ Send trus story to a tnend
them makes sense.

Dr. Gordon Margolin was the head of Jewish


Hospital's internal medicine department when 1I1Is W8tJk IR News
Patrick was there. First, he claims that Patrick

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was at Jewish for only one year. Three minutes


later, he's sure Patrick stayed for three years. News
Knpcking_ the Vote
One moment he says there's no way Patrick did Diebold says us voting machines are
bulletproof. Hackers say otherwise.
an "emergency medicine" residency there and
claims he would have never signed a residency First Punch
certificate. New Kook Crusade
Technology research-rriusl be slopped.
says God
But after being told that his signature is on an
affidavit saying Patrick practiced at Jewish Kotz.
Ji!ted Lov~r$
Hospital for 1.S years, Margolin reverses
The Tribe is asking us \0 love a man In
course. Suddenly, he is certain Patrick was wlngtips.
indeed a resident.
Culture JammIng
Bruce Almighty
Told that several hospital staffers don't Kung-fu master kicks his way to the top
remember Patrick working as a physician, of our pop-culture picks of the week
Margolin says, "He wasn't a very apparent
Letters
resident." Indeed, Margolin could not name a Stvle TIPS
,..','" Scene single doctor or former resident who would also Letters published November 19. 2005
~·"Menu remember Patrick practicing medicine -- except
~~Guide Heimlich.

While it was no secret among hospital staff that Margolin had a low opinion of
Heimlich and had even less regard for Patrick, his signature was an enormous
favor to both. It allowed Heimlich's protege to get his Ohio medical license.

Before hiring a physician, a hospital checks the doctor's work record. At Jewish
Hospital, Mike Bowen nand led verification requests relating to residencies, and
he soon learned of Edward Patrick.

By the mid-1990s, Bowen had accumulated a massive file of verification


requests for Patrick, who was circulating his bizarre resume far and wide. It
naturally raised eyebrows.

"In my business, if you see something time and time again, you start to
wonder," says Bowen. "It didn't take a rocket sctentist to figure out something
was amiss. What was this guy up to?"

Good question, but Bowen ignored it. Over the next several years, he received
requests from hospitals around the nation, asking about Patrick's credentials.
Bowen was aware that Patrick's claim to an emergency residency was false -- no
such program had ever existed at Jewish -- but he verified the residency
anyway.

"From my standpoint, I knew he was at Jewish for a year,· says Bowen. Yet he
admits he knew nothing about what Patrick was actually doing there, and he
never alerted hospitals that were considering hiring Patrick about this fact. "I'm
not a policeman," says Bowen. "That's not my job."

Patrick, it seems, seized this opportunity, applying for licenses in four states
during Bowen's tenure. Each time, Bowen verified his residency.

Bowen says he once mentioned Patrick's name "in passing" to someone from the
Ohio Medical Board, but doesn't remember whom. He assumes the board looked
into the matter. If those officials never found cause to yank Patrick's license,
that's good enough for him.

The first meeting between Patrick and Henry Heimlich has become a point of

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contention -- especially over the last year. Since then, Patrick has more
forcefully asserted his role in inventing the Heimlich maneuver.

Heimlich, now 84 and stil1living in Cincinnati, has stated that he met Patrick at
Jewish Hospital in 1975 -- one year after Heimlich published the first article on
the maneuver. Through a spokesman, he says that "Dr. Patrick had no role in
the origin or development of the maneuver."

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Scene cfevcsc8ne.::(}f/1
ARCHIVE SEARCH ,":
Feature
§] Playing Doctor (Page 3)
IHOME
Both doctors have histories of making
INEWS 8. FEATURES questionable claims, so it's hard to know whom
JLETTERS to believe. What is certain is that, by the end
JOINING of the 1970s, they were working in tandem to
ICULTURE make the Heimlich maneuver the first response
to choking. They were also marketing it as a
IMUSIC
rescue technique for drowning victims.
IFILM
INIGHT & DAY As Scene reported in August, Patrick claimed to
have saved a two-year-old girl in Lima. She
IBEST OF
had been submerged for 20 minutes, according
lCLASSIFIED
to his estimate. During the 20-minute ride to
IPERSONALS the hospital, CPR had failed to revive her. In a
IPROMOTIONS case report published in 1981, Patrick claimed
IWEB EXTRA to have saved her by using the Heimlich
IARCHIVE
maneuver.

IESUBSCRIBE Yet Patrick has refused to release work records


IABOUT US proving he was working in the Lima ER at the
ICAREERS time. Moreover, other scientists found it
When C. Everett Koop endorsed
impossible to believe that a young girl could be the Heimlich maneuver, Patrick
IFREE STUFF
revived after 40 minutes without breathing. claimed it as his personal victory.

Most conspicuously absent from the report,


however, was the fact that the girl was not ~ Printer friendly version of
saved at all. She slipped Into a vegetative state this story
and died four months later. Patrick refused to
~ ~ Thomas Francis
r::LII:K HERE
provide Scene a hospital report that would
UI51T OUR OT1-1ER verify his version. ~ More stories by Thomas
PUBLICRTlons Francis

If the Lima case is a fake, it leads to a host of o Send a letter to the editor
new questions about Patrick's work at Jewish
Hospital.
ra::> Send thiS story to a friend

Seene
At an American Red Cross Conference in 1976,
for instance, Patrick presented a case in which this W1IfJk IR News
he used the Heimlich maneuver to save a
PAVILION stroke victim from choking on pea soup. He News
never explained what he -- an engineering Kp9£l!i"g. tf!~ V9te.
Diebold says its voting machines are
professor -- was doing handling a stroke victim bulletproof Hackers say otherwise
at Jewish Hospital. Nor does he explain why
First Punch
the patient, who had no ability to swallow, was ~eJl!.!<'po k_Q:y.$3 de

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·T~:),..
r
,~j:....'Tj:;
,tt (',.
being fed pea sou p by spoon rather than
Technology research must be stopped.
through tubes. says God.

,,'-....l~f1i? 0i?~ Katz


JiJt~d_!._Qy~.a;
The Tribe IS asking us to love a man in
Peter Heimlich, son of Dr. Henry Heimlich, wlngtlps
remembers Edward Patrick as a regular visitor
to the family's Cincinnati home in the early Culture Jamming
8rucg_~lmiqhty
1970s. The last few years, as he researched his Kung-fu master kicks his way to the top
father's career, he kept encountering Patrick's of our pop-culture picks of the week

name. Letters
Style TIPS
The Lima case looked suspicious to him, as did Letters published November 19. 2005
Patrick's Jewish Hospital residency. So in June
2002, he filed a complaint against Patrick with
the Ohio Medical Board.

The board is heralded as one of the nation's most stringent medical regulators,
.<. 'f~' Sceue filing more actions against doctors than the board of any other populous state.
~~Menu Peter Heimlich was immediately put in touch with executive director Tom Dilling.

:r~Guide "I thought, 'Okay, I've come to the right place,'" he says.

He had several long conference calls with Dilling and Mark Michael, an attorney
with the Ohio Attorney General's office.

Dilling never Questioned Peter Heimlich's doubts about the Lima case or the
Jewish Hospital residency. But according to Heimlich, Dilling said that "faking a
residency was no big deal." The board was more concerned with chasing doctors
who wrote illegal prescriptions.

"I was astonished," says Peter Heimlich.' "It seemed to me that the issue was
whether an untrained doctor had access to emergency rooms in seven states,
including Ohio. That was no big deal?"

In September 2002, Dilling cut off communication, failing to return e-mails and
letters. Two years later, Peter Heimlich still hasn't heard back.

Because medical-board complaints are confidential, Dilling won't discuss Patrick


or even confirm that an investigation occurred. But Dilling did say that, in 1976,
the year that Patrick should have completed his resldencv, post-graduate
training was not a requirement for licensure.

Stili, the board can pull the license of any physician who publishes false
credentials. Given the glaring inconsistencies of Patrick's resume, it's amazing
that it passed board scrutiny. Attorney General Betty Montgomery and her
successor, Jim Petro, were also informed of Patrick's history, but neither
pursued a case against him.

Patrick's career is made all the more flammable due to the time that's elapsed
since his alleged Jewish residency. If it's bogus, and if Jewish Hospital has
nonetheless been verifying it all these years -- even after suspicions were raised
-- it may be liable for all that Patrick has done in 28 years of emergency-room
work.

"In the case of an emergency-room doctor, the hospital is vouching to the public
at large that it is staffed by people who are adequately trained, and we as
patients have to rely on that," says Michael Djordjevic, a malpractice attorney in
Akron. "What's at stake here is potentially life and death."

And that could present legal consequences for Jewish Hospital -- the expensive

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kind.

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. AdYai:l(9 your <al'Q·er YP~r. w~y


wlth·1I ~QVI).'.dl!g~.
. lI~~m.M'of.~.

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Feature
@?I Playing Doctor (Page 4)
IHOME
It appears that Health Alliance, the corporate
INEWS & FEATURES overseer of Jewish and five other Cincinnati
I
LETTERS hospitals, understands this problem. In
IOINING September 2002, Gary Harris, general counsel
ICULTURE for the Health Alliance, took the Patrick file.
Today, Mike Bowen says that file is locked in
IMUSIC
Harris's office, safe from the prying eyes of Prin_ter frlendly version of
IFILM lawyers and reporters. Harris did not return this story

INIGHT & DAY phone calls. EmajJ Thomas Francis


IBEST OF
More stories by Thomas
ICLASSIFIED Francis

IPERSONALS At one point in his career, Patrick fancied


o Send a letter to the editor
IPROMOTIONS himself something of a Horatio Alger. Born to a
ra::) Send this story to a friend
humble family in Wheeling, West Virginia, he
IWEB EXTRA
studied his way into M.I.T., then into the U.S.
IARCHIVE Naval Academy, then into a tenured
ibis W8tlt In News
I ESUBSCRIBE professorship at Purdue -- all before age 40. If
IABOUT US Patrick IS to be believed, he single-handedly News
ICAREERS
changed national choking and drowning rescue Knockin.l) the Vote
techniques. Diebold says its vo~ng machines are
IFREE STUFF bulletproof Hackers say otherwise

Meeting Henry Heimlich may have seemed First Punch


providential. It was through Heimlich that New Kook Crusade
Technology research must be stopped.
Patrick met astronaut Nell Armstrong, with
says God.
whom the two doctors teamed for a study of a
new oxygen delivery system that could be used Kalz
Jilted Lovers
I:LICH HERE
as an artificial lung. The Tribe IS asking us to love a man in
UISIT OuR OTHER wingUps
PUElUI:PlTICnS It was with Heimlich, too, that Patrick found
Cullme Jamming
himself lecturing the nation's scientific experts
Bruce Almi9htv
at the American Red Cross, the National Kung·fu master kicks hrs way to the top
Academy of Sciences, and the Institute of of our pop-culture picks of the week

Medicine. When former Surgeon General C. Letters


Everett Koop announced his endorsement of Style TIPS
the Heimlich maneuver for choking in 1985, he Letters published November 19, 2005

cited Patrick's research on the dangers of


backslaps, used to rescue choking victims
before the Heimlich maneuver. As a lecturing
team, Heimlich and Patrick also succeeded in convincing the American Heart
Association to recommend the Heimlich maneuver as a second response to
drowning rescue -- in the event that CPR fails.

http://www.clevescene.comlissues/2004-1 0- 27/news/feature _4.htrnl 10/24/2005


clevescene.com I News & Features I Feature I Playing Doctor (Page 4) 12U04-10-27 Page 201 L.

·~fP~'fi.~~
"4-"1; Today, the relationship stings of betrayal. Heimlich has undercut Patrick's daims
to inventing the maneuver and even denies Patrick had any effect on swaying
;fi~Rjtb~~ Koop's opinion.

Recent years have also been hard on the Heimlich legacy. He's been widely
denounced for his campaign to make the Heimlich maneuver the first response
to drowning. Most believe it's counterproductive and possibly fatal. He's also
campaigned for malariotherapy, contending that AIDS and perhaps cancer can
be cured by giving patients malaria. His attempts to conduct human
experiments have drawn condemnations from immunologists around the globe.
Unfazed, Heimlich will be giving a presentation at the Pan Africa AIDS
conference in Nashville this week. His appearance has caused several other
presenters to boycott the event.

Heimlich always coveted fame. Today, he's notorious.

Patrick has achieved neither. Heimlich may have helped him get an Ohio medical
license based on questionable credentials, but if that gave Patrick a head start,
it's been the bane of his career since. His resume makes it hard to get a good
faculty job in a hospital.

Most doctors in their 60s are either retired or settied comfortably into their last
years of practice. Patrick, now 67, was last seen working at Cape Fear Valley
Medical Center in Fayetteville, North Carolina. He left in August for unknown
reasons. Now living in northern Kentucky and navigating his third divorce, he is
looking for work.

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http://www.clevescene.comlissues/2004-10-27/newslfeature_4.htm] 10/24/2005
SUMMONS IN A CIVIL ACTION COURT OF COMMON PLEAS, CUYAHOGA COUNTY JUSTICE CENTER
CLEVELAND, OHIO 44113
CASE NO. SUMMONS NO.
CV05575805 D1 CM 7449152 Rule 4 (B) Ohio

Rules of Civil
Procedure
EDWARD PATRICK, M.D., PH.D. PLAINTIFP
VS SUMMONS
CLEVELAND SCENE PUBLISHING ETAL DEFENDANT

CLEVELAND SCENE PUBLISHING LLC You have been named defendant in a complaint
S/A: esc LAWYERS INCORPORATING (copy attached hereto) filed in Cuyahoga County
SERVICE (CORPORATION SERVICE Court of Common Pleas, Cuyaboga County Justice
COMPANY) Center, Cleveland, Ohio 44113, by the plaintiff
50 WEST BROAD STREET SUITE 1 named herein.
COLUMBUS OH 43215-0000

You are hereby summoned and required to


answer the complaint within 28 days after service of
Said answer is required to be served on: this summons upon you, exclusive of the day of
service.

Said answer is required to be served on Plaintiff's


Plantifr. AttDrney Attorney (Address denoted by arrow at left.)

N. JEFFREY BLANKENSHIP Your answer must also be filed with the court
7711 EWING BLVD STE 100 within 3 days after service ofsaid answer on
plaintirrs attorney.
PO BOX 157
FLORENCE, KY 41022-0000 Jfyou fail to do so, judgment by default will be
rendered against you for the relief demanded in the
complaint.

Case has been assigned to Judge:

MICHAEL J RUSSO
Do not contact judge. Judge's name is given for
attorney's reference only.

GERALD E. FUERST'
Clerk oflhe Court of Common Pleas

DATE
Oct 31, 2005

COMPLAINT FILED 10/27/2005

111111111111111111111111111111111111111111111

CLEVELAND SCENE PUBLISHING LLC


50 WEST BROAD STREET SUITE 1
50 WEST BROAD STREET SUITE 1
COLUMBUS OH 43215-0000

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