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Miami�A radiologist who faces a medical malpractice lawsuit has admitted mailing to a radiologist, who is a key plaintiff witness in the case, an article advocating the blacklisting of radiologists who testify against their colleagues. Defense attorneys are now seizing on Miami-Dade County Circuit Judge Gill Freeman’s comments during a recent status conference on the case-that she considered the sending of the article “threatening”�to seek the judge’s recusal. In a Nov. 6 letter, Dr. Carol Adami, one of the defendants in the lawsuit, admitted that she sent the article to Dr. G.W. Eklund, a Wisconsin-based authority in the field of mammography for whom a standard mammographic technique is named. Based on the mailing of that article to Eklund, attorneys for the plaintiffs moved for sanctions in the case, asking Freeman to strike the testimony of the defense’s radiology expert witness. The plaintiffs’ motion described the sending of the article as “a barefaced attempt by the defendant radiologists to intimidate the doctor to convert him from testifying on behalf of the plaintiffs.” Physicians who testify against other physicians have become a target of medical professional societies, including the Florida Medical Association. The association and other doctor groups have launched efforts to sanction doctors who, they claim, are providing improper expert testimony. They contend that such efforts are needed to correct judges’ failure to weed out bogus testimony. The article sent to Eklund was titled “Say no to peers who weaken mammography,” from the August issue of the medical journal Diagnostic Imaging. It was written by Washington radiologist Mark Klein. “It is the willingness of radiologists to testify against their colleagues that perpetuates this madness,” he wrote. “It’s past time to let them know it’s not OK . . . .Shun them at professional meetings. Let them and their colleagues know that you know what they do . . . .Vote with your dollars; refuse to attend meetings in which they participate and raise your voice against this small but deadly group who threaten our ability to do our jobs.” The envelope in which the article mailed to Eklund arrived was postmarked Aug. 16 in Fort Lauderdale, Fla., bearing the return address of Dr. Kathy Schilling, a partner and medical director at Boca Radiology Group. Schilling denied sending it. Despite the mailing, Eklund testified at a Sept. 8 deposition conducted by the plaintiffs’ lawyers. In an interview, Eklund said his “natural inference” on receipt of the article was that “someone was trying to discourage me from testifying.” Defendant’s admission In her Nov. 6 letter, Adami admitted her role in sending the article to Eklund. The confession came in a letter sent by her attorney, Cary Capper of Wicker Smith O’Hara McCoy Graham & Ford in Miami, to attorney Gary Farmer Jr. of Freedland Glassman Farmer & Sheller in Weston, Fla., which represents the Gilarmo family. In his motion for sanctions against the defendants, Gilarmo’s attorney, Freedland Glassman partner Michael Freedland, asked that, at a minimum, the defendants’ expert witness on radiology be struck and that the person who sent the article be held in contempt. The alleged witness tampering occurred in the case of Marsha Gilarmo, a 45-year-old Palm Beach County mother of three who is suing Boca Raton-based Boca Radiology Group and two of its individual physicians, Adami and Dr. Vincent Mazzeo. The suit contends that the defendants misread Gilarmo’s mammograms and failed to diagnose her life-threatening breast cancer. Gilarmo’s husband and children also are claiming damages for loss of consortium. Opposing sanctions, Capper argues that “there is no evidence of record that Dr. Eklund was threatened or intimidated by receipt of the article . . . [and] that there has been no effect whatsoever on the plaintiff’s ability to prosecute her case.”

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