Dr. Melvin Levine: Back In the News

2/18 Author's Note:  This post has been updated.  Melvin Levine is dead.  Scroll to bottom.

A flurry of activity on StatCounter today alerted me to Dr. Melvin Levine being back in the news.  A civil suit has been filed in Massachusetts.  The world-renowned, former-UNC-Chapel Hill behavioral Pediatrician, author of "All Kinds of Minds", stands accused of child-abuse during exams.

As I said when I first blogged the case back in 2008, this is the kind of subject matter that most physicians in the blogosphere are probably not going to touch with a ten-foot-pole (because they might find themselves subjected to the kind of online abuse I was for giving Levine the benefit of the doubt). 

Mobs and witch-hunts are not just a phenomenon of the 1600's.  The way some of these child "advocates" operate online is the moral equivalent of tying someone to a dunking chair.  It's despicable.

If you're objective . . . if you question the veracity of the allegations at all . . . if you are the least bit skeptical of adults who hide behind anonymity as they hurl vile/career-killing/psyche-ripping accusations about things that allegedly happened 25-40 years ago . . . if guilt-by-association means there actually has to BE some association . . . why it stands to reason that you MUST support child abuse! 

You probably kill puppies and rabbits too.

And all this physician has to say to anyone who tries that stunt here is STEP BACK AND GET YOUR FACTS STRAIGHT.

These things being said, this case is exactly the kind of thing that doctors should be discussing - and dissecting.  Alas, most of the folks in my profession are scared-to-death of the lawyers and even-more-so of being called names.

From the story:

A former Boston pediatrician was accused in a lawsuit on Thursday of sexually abusing young male patients by giving them genital examinations that were not medically necessary.

The lawsuit, filed in Suffolk Superior Court by Boston attorney Carmen Durso, alleges Dr. Melvin Levine performed such exams on more than 40 minor patients from 1966 to 1985 while working at Children's Hospital Boston.

The lawsuit seeks class action certification, which would broaden it to represent others who claim they were inappropriately treated. The suit says Levine treated some 5,000 boys over those 20 years.

I'm sorry, but for the reasons given in my original post (most of which I will not re-hash here), this whole thing STILL smells to me of a legal shake-down-of-the-really-deep-pockets (in this case, Children's Hospital in Boston) for money. 

Levine was a sub-specialist (with the reputation of being a bit of an absent-minded professor) in an age where doctors were gods-in-white coats who thought nothing of examining children without a chaperone present . . . he was evaluating already-very-troubled children referred to him by other physicians . . . working the toughest cases . . . trying to get past the medical/psychological red herrings . . . looking for zebras and rare birds. 

He's one of the people who, quite literally, wrote the books that the rest of us read.

And despite the earlier claims of grand-standing attorneys (what incited me to blog about Levine in the first place), a full physical exam - including a genital exam - at least once a year - perhaps more often than that depending on the circumstances - is part of the evaluation.

It will be interesting to lean more about the specific allegations.  And in a legal environment prone to sweeping ugly things under the rug,  it would be refreshing to actually see some of these accusations vetted in open Court - and those pointing the finger cross-examined.

Levine still has boatloads of supporters - colleagues and ex-patients-he-helped/their parents who think the allegations are ridiculous.  His attorney declares he's innocent of all the charges.

Of course, it's going to be a bit harder to argue that point since the already semi-retired-from-practice-Levine did not put up a decent fight when the North Carolina Medical Board, in typical and cowardly fashion, folded its tent and swept the best chance he had at a real investigation and exoneration under the rug . . . in that icky "no-fault" deal that allowed Levine to give up his license and walk away. 

No testimony was publicly offered and no proof of the allegations given.

That spectacular act of cowardice (on the Board's part) still has me wanting to bathe.

Even if I accept the argument that, at the time, Levine was semi-retired, and too old/too demoralized, and without the fiscal resources to wage a prolonged fight (and given my own experience with litigation-as-intimidation, I can accept the premise), walking away was a huge tactical error.  And I'll just bet a lawyer talked him into it.

Have I mentioned that I HATE lawyers?

But that's our Medical Board for you.  If it's embarassing to the profession, the high-&-mighties in Raleigh's ivory tower are positively gifted at thowing people under the bus . . . be they patients/families-done-wrong or doctors-fired-for-doing-their duty.  When it comes to diving-under-the-desk and seeming-rather-than-being, those guys are nothing if not equal-opporunity.

Well, those are my thoughts for now.  I'm sure I'll have more as things evolve. There are all kinds of minds, and mine is open.

A reminder to new-comers to the blog.  Comments on Housecalls are open but moderated.  However, I'm done with the ill-behaved anons and the cyber-stalkers, so if you post something here keep in mind that if you get the least bit out-of-line you will be held accountable.


2/18 Evening Update:  I just got in from down East, got unpacked and the cats fed/settled, logged on the computer, and discovered that the garbage-in-the-Inbox has started-up already . . . from people citing allegations in news articles as "FACTS" (never mind that the same news article also reports that police thoroughly investigated these "facts" back in 2008 and declined to prosecute for lack of evidence). 

These folks-in-my-Inbox don't seem to register that, once upon a time, I got sued for "libel" for telling the truth . . . by people-charged-with-the-public-good who then turned around and swore-to-God a pack-of-lies . . . in order to save themselves some money. 

Anyone with a filing fee can make allegations in civil court.  And the facts behind crimes don't always get investigated.

As for the "FACTS" to be found in newspapers, these people also don't realize that I cut my teeth on Asheboro's Courier Tribune and the Greensboro News & Record . . . two newspapers where facts have NEVER interfered with the stories their Editors wanted to tell - or bury.

So I'm closing the comments on this thread.  We're not going to do this again. 

Oh by the way, Dr. Melvin Levine (71) died today.  Details are not available.  I'm stunned.  But not surprised.

From his attorney:

"This entire episode is a tragedy. Throughout it, Dr. Levine never wavered that his care and treatment of all children was appropriate in all respects, and he steadfastly denied the allegations against him," Attorney Edward Mahoney said in a statement. Mahoney had no further comment on the circumstances of his client's death."

I wonder if this will make his still-anonymous accusers happy? 

Will they be satisfied with his blood . . . or will they still want Boston Children's money?

2/19 Update:

As per usual, the Raleigh N&O doesn't have more.  The man-whose-life-was-thrown-away-to-satisfy-the-mob gets a throw-away blurb on a Saturday morning.


2/19 Afternoon Update:

I continue to get unsolicited e-mail in the Inbox - from men alleging sexual-abuse-during-exams on the part of Mel Levine.  They come in unsigned - or names with no other contact information - giving me no real way to vet them (I have no real desire to do so - that's best left to some hungry journalist looking for a Pulitzer). 

One of the e-mails did have the ring of truth to it . . . because the sentiments expressed (regarding "repressed memories") mirror those of a childhood friend of mine who was sexually-abused.  But drawing on my friend's experience as a resource, parts of it also felt contrived and manipulative.

To publish the content of these e-mails now would make me no better than Ethan Fiensilver/the N&R, and we're so not going there. 

Since this mess became public, I've blogged my honest impressions of the case . . . both as a physician with ADD who greatly respects Mel Levine's work - and as outside observer with nothing but disdain for our legal system.  Those impressions have evolved/vacilated as the case progressed.

I cannot imagine this man having been so brazen and stupid - or to have risked his entire academic legacy (an impressive one) - by inappropriately touching a child.

But given how broken our system of medical oversight is - especially in North Carolina. I know that it COULD have happened.  Very easily.  And it's beyond discouraging. For after nearly twenty years of practicing Pediatrics, I've seen just about every manner of beastial/irresponsible/selfish human behavior (more-often-than-not on the part of parents/people who claim to love the child in question) . . . and I can testify that, despite all of the technology and all of the money poured into social services, the practice of Pediatrics in many areas (and access to it) is getting harder, and the care being provided is really no better than it was when I came out as a bright-eyed newbie. 

In some cases/situations, it's worse (and will no doubt get "worser" after Bev Perdue starts her budget-slashing).  A lot of that has a lot to do with our very sick society and what it values.

In short, I had ZERO chance of saving the world way back when - even my small portion of it.  Pediatricians these days - the kind who answer the call and want the best for children - are barely stoppers in the drain - Bandaids on a gaping, ugly wound.

I've digressed.  Here are the things about the Melvin Levine case that I cannot reconcile: 

First and foremost, the North Carolina Medical Board should NEVER have taken a dive back in 2009, when Levine was allowed to relinquish his license without any kind of public vetting of the reasons why.  There should have been hearings, and Levine's accusers (now adults) cross-examined.  It's 2011, not 1692.  Point and run doesn't cut it with allegations like these.  The public's safety and welfare is the Medical Board's job.

The Board's job is also to inform.  Thom Mansfield, the Board's chief legal eagle, owed a decent investigation/explanation to ALL of Levin's patients . . . and also to Levine's colleagues - many of whom were left asking themselves, "What if I referred one of my patients to him, and that child was abused?".  Or, "What if I've defended him and he was guilty?".

Even worse, if this man was INNOCENT and driven to his grave by these allegations, what does that say about the profession that did not do more to defend him?

It was the Medical Board's RESPONSIBILITY, no matter how difficult or embarrassing, to get to the TRUTH and get it to the public . . . not to mechanize a mealy-mouthed cover-up.

But this Board, being this Board, took the dive.  I expect a lot of what happened had a lot to do with Levine's association with UNC-Chapel Hill.  We can't be dwelling on anything that might tarnish that institution's reputation.  It's like when Duke screws up the blood-types on a heart transplant (killing a little girl) . . . or uses hydraulic fluid to clean surgical instruments . . . or even when doctors in Asheboro get fired for standing up to the great name of Cone.  Get out the brooms and the check-books and sweep.

Second, I never understood why, if Levine was truly innnocent of what he was accused of doing, he did not FIGHT to clear his name (as did the gastroenterologist falsely-accused of sexual abuse that I referenced in my very first post)?  Why didn't he counter-sue any of his accusers for "libel"?  I'm assuming he knew who they were. 

I never completely bought the lame excuses put forth in the media about old age and a lack of resources.

I expect a lot of what Levine did in that regard had to do with the advice he was getting from the lawyers, ala,  "Settle it.  It will go away.  You can move on."

Alas, "closure" never comes with a settlement and its gag clauses.  In the legal system, it's the biggest lie of all.

Lastly, I just cannot abide/respect people who make accusations like these, but who will not step up & sign their name/be vetted.  And that's mostly because that, for going on six years, I've signed my own name on this blog - enduring every manner of character slur and insult for my boldness in publicly accusing some very important people in my hometown of ethical lapses and multiple felonies . . . multiple felonies, I might add, that have yet to be investigated much less prosecuted . . . accusations I can back up with the black & white of sworn discovery documents and IRS returns (i.e. FACTS).

Privacy and confidentiality are fine things and noble concepts, but in the end, these men were accusing Mel Levine of a despicable crime. 

And in this country, the accused has the right to face his accuser.

It's not "rhetoric".  It's a basic premise outlined in the Constitution of the United States.  Of course, from medical peer review to Obamacare, the Constitution doesn't seem to mean what it used to.

Unless Levine left behind a confession, it's too late to vet anything now. 

Now it's just about the money.

2/19 Late Evening Update:

The New York Times reports that the N.C. Medical Examiner's office has confirmed Levine's death, at his home in Rougemont, was reported by the Orange County Sheriff's Department on Friday.  No details have been released.

2/20 AM Update:

A friend of mine, just poking around, discovered that one of the writers of one of the e-mails in my Inbox is a reporter for the Boston Globe.  Speaking of Pulitzers, no ulterior notives there.

See what I mean about vetting?

2/21 Update

There will be a funeral service in Brookline, MA on Wednesday.  The family's obit says he died "suddenly" and offers no further comment.

Of course, there is much speculation about suicide.  And if it was suicide, was Levine finally over-whelmed by guilt . . . or an innocent-drowning-in-despair because despite every concession he made, his good name would never be cleared? 

Another friend of mine - also an outsider looking in - who is just as concerned about the "witch-hunt" aspects of the case as I am, commented (I'm paraphrasing),  "As a physician-done-wrong-in-public-service, you have a slam-dunk case against Randolph Hospital executives for perjury and fraud - black and white evidence of your allegations, and you've not been able to get the time of day from the North Carolina justice system. 

The local "journalists", up all the right butts, have ignored and/or maligned you. 

But these people - this "mob" - whose accusations were not and apparently could not be proven - got "thorough" criminal investigations, and the Medical Board to bend to their will, and the opportunity to file multiple civil suits - many years after the fact, and tons of newspaper coverage."

No one told them that their allegations were "ancient history".

If this man was indeed innocent and hounded to his death by a vengeful mob, it was MURDER.

2/22 Update

Mel Levine's obit in the Raleigh News & Observer.

There is still no word on his cause-of-death.

2/22 Afternoon Update

The Raleigh N&O reports that Levine's death is under investigation.  No details are provided.

2/22 Evening Update

The N&O story above has been updated to report that the Sheriff's Department has leaked that Levine's death was a suicide and he left behind a note.  Very professional.

The attorney who filed the latest lawsuit (and who apparently changed his mind about public commentary pending Levine's funeral out of respect for the family-whose-estate-he-wants-to-financially-raid) is posturing that he will continue the lawsuit - and that the Court may regard a suicide as an admission of guilt.

It's just as likely that, if Levine, drowning in despair, maintained his innocence until the end, the Court/a jury might give it great weight - ala a dying declaration.

I'd like to see the note.

2/25 Update

I will continue to update this post as opposed to composing new ones.  As of this afternoon, I have requested an official report from the N.C. Medical Examiner's office as to their findings in Levine's death.

The plaintiffs in the MA lawsuit are speaking publicly (i.e. signing their names) "for the first time" - to the Boston Globe.

They are now alleging far more than "inappropriate exams".  Some say they repressed the memories.  Oh, and they still plan to raid the estate Levine left behind for his widow.

As boys, they allegedly told parents & grandparents who did not believe them . . . and who did not come forward way back when (so Children's Hospital of Boston - and UNC-Chapel Hill - and all of the rest of us who respected Levine's work in developmental Pediatrics and read his books and maybe even referred patients to him, really didn't have any reason to suspect something was amiss).  In other words, if what they're saying is true, their own parents/families condemned them to years of torment and left the door wide open for other children to be abused (!?!).  

I'm sorry, but now that Levine has been chased to an early grave, I'm having a really hard time wrapping my head around that - particularly the notion that the institutions involved (or Oprah for that matter - and I'm no fan of Oprah) were supposed to be psychic . . . and also in terms of pursuing a civil lawsuit (raiding institutional coffers whose money might be used to help today's children) - especially when there is insufficient evidence to pursue criminal claims.

North Carolina is, after all, the land of "Little Rascals" . . . and while there is strength in numbers, the truth cannot always be found there.

And still, in terms of Levine's suicide being an admission of guilt, I'd like to see the note he left behind - before he walked into the woods and blew his brains out with a shotgun.

2/25 Late Evening Update

The New York Times has a story up that mimics the Globe's referenced earlier today.  It does state that the contents of Levine's suicide note have not been released.

2/28 Update

The Boston newspapers continue to print the same headline over and over again - with no new information - most specifically what Levine said in his suicide note.

Here is Levine's online obituary. 

Final Update

In the suicide note he left for his wife before he walked into the woods and put a bullet in his head, Dr. Melvin Levine denied to his dying breath/day that he ever touched a child in an inappropriate way. 

It was the dying declaration of a despondent/lost man. 

And it in my book, it counts.