My Medical Adventure actually caused my Legal Battle to take 2nd place, a close 2nd!

Update Oct 2017, I managed to complete the 2 year NYC clinical trial for advanced malignant melanoma, obviously, which I discuss below.

I have zero need or interest in the pity of anyone. I am a very lucky person. I include the details of my health issues here because the story couldn't possibly be complete without it. CCT told the courts I am lying and greedy. But money means little when think you're dying.

I’ve filed motions in Barnstable Superior, pro -se, in bloody surgical bandages, getting into a verbal confrontation with the Clerks Office, as they insist I could not file a Rule 60b complaint against CCT lawyers for fraud upon the court, “that case is over” they tell a pro se litigant, with contempt. Not allowed to discuss law, they do exactly that. I refused to accept no and filed the Motion. They were wrong.

AnatomyofaFraud.com
Fontaine Health Adventure

And later in 2014 I did it again, and filed a second. Same resistance. The Clerks clearly aggravated. And I cant tell you today, with the trial drug, the painkillers, the chemo, the radiation, and so many other drugs, if it was the open wound from the lymph node drain from my advancing melanoma, or the knee cut to shreds, or the Limb Infusion Trial at Memorial Sloan Kettering.

I can tell you this, when I was in surgery in NYC, fighting for my life, CCT’s lawyers were telling Barnstable Court that my statements in those Motions were not true.
The claimed they “disclosed” Bundles during 02 Negotiations, and “Conceived” of Bundles on Jan 9, 2003. And the court believed them.

The practical effect of lawyers buying their client an absolute alibi with the “Substantiated Evidence” that is the wholly contrived January 9, 2003 Bundle Performance, was that the Court failed to consider the myriad of other fraudulent actions by the company that I placed on record. The lawyers lies necessarily made my statements false!

So with insults from my own body, clerks, courts, all the lawyers, the company, sending cops to my house, having stolen my fortune, trying to fight multiple health issues,

I will NEVER be afraid of telling my story to the court or otherwise. I was certain nobody would lie to the court, right? And the court would certainly test the veracity of lawyer affidavits, these Officers of the Court. The COURT is supposed to be the impartial  final arbiter of of the truth. And the Lawyers are advocates. CCT Purchased Justice.

Massachusetts provided me the training that I used to develop the Cape Cod Internet advertising business that I built to market dominance, and CCT Stole.

Based on the continuing impact of a childhood disease, and after extensive testing, the Mass Rehabilitation Commission determined I was qualified for Priority assistance. Their tests indicated that training in the field of Computers or Real Estate would be suitable for me based on my skills and disabilities. I had a GED at the time. Doctors told my mom I may ultimately need to rely on a wheelchair.

MRC paid for my real estate associates license and training, and then my Real Estate Brokerage license after that. This was before the Internet and Internet based marketing was developed. After several years in a very competitive market, with old school Realtors who came from professions from around the world, I realized the Internet was going to be hugely impact the Cape Cod real estate and summer rental markets, and managed to acquire the prime domain names for the space, CapeCodRealEstate.com, CapeCodRental.com, CapeCodMortgages.com, etc.

From 1996+- into 2001 when I was negotiating with CCT, I had built the “portal” into 145+ advertisers strong, ever major realtor, Franchise, mortgage lender and summer rental agency on Cape had come to me asking to buy advertising space. I had top search engine position on each of them, 1,000,000+ yearly visitors. I went from years of losses, to projecting $90,000 in sales for 2002 during due diligence with CCT. The MLS  vendor wrote to try and purchase my business. Major Realtor Franchises were asking me to give them a price.

Advertisers themselves were constantly inquiring if I would be interested in selling, telling me my rates were to low. But I was in good faith (or so I thought) negotiating with my local newspaper, knowing if we dominated both the Print and Internet markets, we could do millions a year. They agreed. They told the Court they had “no prior revenue to speak of” (We know they did, they just lied to the courts).

So THIS was the business I painstakingly built from scratch with the help of Massachusetts. It is also the business the state of Massachusetts allowed CCTimes to steal from me.
When a Court ruled I was knowledgeable and experienced in the business field, hence Mass 93a should reach a higher standard. They are wrong. Just as wrong as Jan 9.

Let me remind the Court, just because CCT was good at concealing their fraud, doesn't mean I didnt do due diligence. After all, 2 Courts, the Mass SJC and the Mass Bar were tricked too!

These documents relate to my first disease, the easy one:

In 2010 my primary care physician in Hyannis noted an elevated PSA Prostate test result. The urologist did a biopsy, it was Prostate Cancer.

A month or so later I opted for Robotic Surgery at Boston Medical Center, and had the prostate removed. Results showed that the cancer had breached the prostate and was a dangerous Gleason 4+3, tertiary 5. This required that I then have 33 sessions of laser Radiation treatment at Mugar Cancer Center at Cape Cod Hospital. Bladder bag, etc. They had  the VNA over to help me learn how to care for wounds, drainage, etc. I will forever be grateful, in spite of it being a fog. I was given a bag of pad and advised to walk and do keggles. I have walked an average of 5 miles a day, every day, since, of those that I wasn't in or traveling to or from a hospital. 150 miles a month out my back door, the Cape Cod Bike Trail. I’ve not had to wear the pads again.

I had basically just recovered from that, to the extend that I can, when the May 3, 2012 Summary Judgement Ruling was issued. When I finally heard from my lawyer, with no more funds to pay for representation, he balked at weather he would help me appeal. An untenable ending to me, I learned how to file notice of appeal, as the attorney withdrew. A USP truck with boxes of 5 years worth of case documents were delivered to my door. It was taller than I was, on the days I was able to stand. And single digit days from the mandatory deadline to file an appeal.

The Pro Se Page speaks to the problem inherent in the system, for pro se civil litigants, but I went to Bar stable Courthouse and the Clerk’s Office let me view the case folder, and copy at an antiquated copier, at $.25 per page. I spent hundreds of hours and made thousands of copies at Staples, with my wife. And I filed my Appeal Brief, with several hundred pages of cited evidence for the court to refer, the record appendix. I used the required font, structure, issues, facts, argument and conclusions.

I believe it was 7 volumes they required. Thousands of individual pages, cataloged and categorized as required. I had myself. And the court accepted it on 1/24/2013 - #8.

Some my scans I’ve come across, among dozens I would eventually have.

2013, waiting Months to see a dermatologist for a mole on my knee, told it was nothing, only to find it was malignant melanoma.
I was in trouble.

The video image below will play the call the dermatologist left on my phone, telling me I had cancer. And that I would have surgery at Tufts the next week, and then the week after to remove the lymph nodes, which were positive. I was in a very bad situation.

And then Nutter and Attorney Mitchell filed CCT’s opposing brief, and in it he tries to further baffle the court with nonsense, swearing Bundles were conceived after the sale, on January 9, 2003, and that Bundles were disclosed prior to the sale, in 2002. When the evidence makes it obvious that NEITHER is true, the lawyer coming into the case 10 years after the sale, lying for a Legal Fee.

And when Nutter and H&K tell Courts that CCT is proven innocent because of the “substantiated evidence” that is the Planted January 9, 2003 Bundle evidence,  the court not only assumes these Officers of the Court are filing honest affidavits, under Mass Rule 56 heightened duty, so the Court then assumes the pro se litigant MUST be lying. January 9, 2003 caused the courts to disregard the other, ancillary evidence that underlines this scheme.. Such as the admissions on CCT management, of NM&F, of the Smoking Gun. I was invisible, my evidence was invisible, even though it was theirs.

During 2013 I left Tufts, where I was given the option of a year of interferon, and said I had a 60%, or 40% (I dont remember) chance of surviving past a year. Not good enough, I had been researching state of the art treatment for melanoma, and Dana Farber has promising immunotherapy drugs they were working on.

As my wife reminds me now, since much of all it parts of it is a blur to me, the drugs,the reality.. I guess that's how you keep going,  that fortunate move and many others, have extended my life.

She tells me the day before Thanksgiving 2013, while raking leaves, that my entire leg, from the surgery scarred knee up to my thigh, was inflamed. Like a football. The cancer had obviously returned,and it was aggressive. A quick trip to the best in the world at Dana Farber confirmed the obvious. I remember asking him if they couldn't just take my leg. Serious shit. He says that would be morbid, since I had positive lymph nodes (also Removed a week after the knee surgery, when shown positive).

This fine doctor and this amazing institution gave me the best advice I could have gotten. And in retrospect, it was the ONLY advice that could possibly save my life. (I hate to be over dramatic or self consumed, but it was in itself a profound series of circumstances). Dr said there was a clinical trial in NYC at Memorial Sloan Kettering. They were using the experimental drug ipilumumab (Yervoy), which this dr had just gotten FDA approval for, and was developed in the MSK labs.

Before we left the 11th floor at Dana that day, we began the process of contacting MSK and applying for the trial. Stunned. Convincing medical record storage companies to send MSK they filed they required before considering you, Tufts, the dermatologist, my primary. If none of them, if any one of  them, didn't come through, I was screwed. Ann and I drove to NY to start the preliminary discussion regarding the trial. Bristol Meyer Squib was going to exchange $1,500,000 retail cost of this drug, I would agree to have Isolated Limb Infusion Surgery with massive doses of this test drug, and chemo.

On December 23 2013, the Mass Appeals Court ruled in CCT’s favor, saying “after the sale, CCT began Bundling”. Ann tells me on December 24 2013 MSK called to say I was in the trial.

How Close did I come to ending this fight against CC Times?

If I hadn't forced the derm to look at the knee again, if  I hadn't refused interferon at Tufts and sought out the best at Dana Farber, had Dana Farber not known of Yervoy, having gotten FDA approval themselves, and known of and referred me to the MSK trial, if the document company didn't bust ass to help me get the scans, if I didn't convince BMS/MSK that I had paid the price for prostate cancer, had it removed, and could show NO sign of cancer,so they would let me in the trial, then I would be gone.

And there are more drs, nurses, visiting nurses, radiologists, technicians, friends, family, prayers, than I can remember to thank. But I do.

My drs now tell me I was “3-6”.They were talking months. But within a few months, the drug started to work on me. It works on about 20%. A few more months and the football (shown below) was gone, and they could not detect any cancer. Ann and I went through snow storms, 13-14 trips to NYC to get my care. The trial ended this Spring, 2017. And here I am. Catching my breath.

But there are no promises, of the 20%+- the drug helps, some studies show it stops working for some at 18-20 months. My body paid a price for the success of the drug, vitiligio is spreading all over my body. I am certain to be visually deformed before too long. As recent photos below describe.

And even after finishing the trial this Spring, I had a false positive cat scan requiring a trip to NYC, another on my scalp brought me to Faulkner Hospital, another on my neck removed at Dana. So time isn't something I can really take for granted, and dont.

So you can see why I have no need or space for pity, since the health part, to me, is really a story about heroes, other people in science and medicine that saves the lives of people they don't even know.
When they can.

So I don't care too much about money, sure, I’d like mine back so I can help my family, but I’m just looking for vindication. I told the truth. They did what they did. I cant be worried about corporations, executives, lawyers, courts, judges or cops. What are they going to do to me? After all, I’m only accusing people of their own affidavits! And I resent them calling me a liar.

Click to View Brigham & Woman's September 2017 Article
Or view it in frame below:

To Home Page

If it weren't so serious, it’d almost be funny.

This image I created and shared with friends for a moment of levity among the chaos.

I was noting that I’ve had so many doctors and specialists, perpetually, that each one asks me to complete a complete medical history. That would be impossible. I used this “Operation” game to think it through. I see now I missed a few. I am a lucky guy.

UPDATE: Fall 2017.Time to get  back to finding peace, vindication.

I am now out of the 2 year clinical trial from Sloan Kettering, having somehow survived. We had a concerning scan at Dana soon after, removed.

We had another at Faulkner B & W removed a few weeks later. I have more time but none of us enjoys unlimited time, so I must get back to this ugly fight while I still can.

Below is an article from Dan Farber / Brigham & Woman’s that was published August 16, 2017. It discusses part of the medical side of my plight, Or click Link Here: http://magazine.brighamandwomens.org/features/inside-job-2

While I was fighting lawyers who represented huge corporations in Court, pro se, broke and sick, THOSE lawyers were in court calling me a liar. But I wasn't lying!

Phone Message by  dermatologist inform me I had melanoma.

September 2017 Brigham & Woman’s Article featuring my experience with immunotherapy - Click Here or scroll to view below.

Dr @MSK who helped save me, and Dr who invented Yervoy that saved me. They sent me this pic from Chicago Cancer symposium.

From mole to hell to undetectable

My youngest helping me get thru MSK

Vitilagio - my immune system is beating cancer

2017 any growth could be your last

Speaking of being sick.
And not a fan of exposing all my personally issues here publicly, but left with no choice,  it didn't take long for me to realize I had made a deal with some very questionable people.

Below I am effectively 5 months into the job, 5 months past the January 9, 2003 Bundle facade, and CCT is offering NONE of the resources of Dow Jones they had been intimating during negotiations. Well I speak on the Menu Page about how I filed an Overtime Complaint, as I was effectively  doing ALL sales, ALL webmaster work, 30 hrs at CCT, another 30 at home.

Not knowing Evans, Meyer and Kempf had set me up to fail all along, that page also links to my experience of having filed a Whistleblower Complaint against CCT, for trying to force me to lie to advertisers, with false circulation figures, excatly as they had done to me, unbeknownst until litigation and discovery years later.

So I was 6 months in, and already the three of them were obviously working to shut me up,stop questioning things.

AT THE END OF THIS LETTER, THINK ABOUT IT, MY NEW PARTNER AND EMPLOYER, AND I'M HAVING TO INFORM THE AD MANAGER THAT THE INTERNET MANAGER IS ASKING ME TO STEAL FROM A GROUP OF ADVERTISERS. WHEN THAT DIDNT WORK I WENT TO PRESIDENT MY HIMSELF.

10 CENTURY 21 FRANCHISE OWNERS, MY FRIENDS AND CLIENTS PRIOR TO THE SALE, ENDED UP BEING OVERCHARGED OVER  $100,000+ - AND BLAMED ME. CCT HAD FORCED MY NAME OF THE CONTRACT OFFER, FORCED ME TO SELL IT TO THEM, ASSUMED ME THEY’D MAKE UP THE TRAFFIC, LOST TRAFFIC. ADVERTISING CALLING ME AT HOME.

ASKED TO LIE AGAIN, LEFT THAT MEETING AND DROVE TO CCT HOSPITAL EMERGENCY, ADMITTED OVERNIGHT. CCT’S COMP CARRIER PAID FOR THE 17 DAY WORK RELATED STRESS.

MSK Video of the Limb Infusion Process I was given. That's my Dr. Except in my trial I was given massive doses of Bristol Meyer Squibb trial drug Yervoy.