[NHFC] More on Dentist's Fight For Freedom of Speech

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Misty L. Trepke

http://www..com

 

The Connecticut Civil Liberties Union has filed a federal lawsuit

against the state Department of Public Health on behalf of an Orange-

based dentist who spoke out about the alleged health risks of using

mercury amalgam fillings in cavities.

 

Dr. Mark Breiner wrote an opinion piece in the Connecticut Post in

July in support of proposed federal legislation that would prohibit

the use of such fillings, as he maintains they pose a serious health

risk to patients.

 

Breiner had previously agreed to restrict his comments to his

patients about amalgam fillings, in a 2001 consent order with the

health department. The department allegedly claimed that Breiner’s

opinion piece in the newspaper violated the agreement, although

officials had not taken action against him.

 

The lawsuit seeks to prohibit the department from disciplining

Breiner, such as taking action against his license to practice

dentistry.

 

" They are trying to take away my right to free speech, " Breiner

said. " My concern is that they will try to take away my license to

practice dentistry. Their threat to take further action holds the

possibility of threatening my livelihood. "

 

In his column Breiner wrote that " What most patients do not know is

that the fillings, so called ‘silver’ fillings, routinely

contain significant amounts of mercury, " Breiner wrote. " I am

convinced that mercury in these amalgams is neither stable nor

inert; scientific evidence suggests it goes to all tissues and

organs, especially the jaw, liver, kidneys and brain. " Instead of

traditional fillings, Breiner advocates the use of a tooth-colored

filling made out of a plastic and glass material, he said.

 

The CCLU case claims Breiner has not waived his rights to publicize

his concerns outside of the office and in the media. The

organization claims the department’s alleged threat to enforce the

2001 consent order if Breiner continues to speak out publicly

violates the First Amendment.

 

Breiner is also seeking compensatory and punitive damages.

 

William Gerrish, a spokesman for the Department of Public Health,

declined to comment Wednesday, saying his office has not yet

received a copy of the lawsuit or had an opportunity to review it.

 

Breiner has advised his patients to consider removing the fillings

and replacing them with a substance that doesn’t contain mercury.

 

In 1999, the state health department brought charges against Breiner

based on this advice to patients, according to the lawsuit. A

consent order in 2001 resolved these charges, and prohibited Breiner

from advising patients that the removal of their fillings will cure

or alleviate any medical conditions.

 

The health department maintains there is insufficient evidence

establishing that the removal of traditional fillings alleviates or

cures the symptoms of any disease or condition, the consent order

states.

 

The lawsuit claims Breiner’s newspaper piece did not give advice,

but instead stated his opinion about the safety risks of mercury

fillings

 

 

 

Michelle Tuccitto can be reached at mtuccitto