My last interaction with Body & Spine occurred last week after sending a demand letter, regarding the events of my previous review here on Yelp. Unlike Dr. Roth, I value transparency, so I am going to give an update of why I am back dealing with Body and Spine Solutions after three years.
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I wrote a review on Yelp a few years ago and had contemplated taking legal action against Body & Spine Solution at that time. However, I was in the process of moving to Massachusetts and pursuing a law degree. It was not the right time to be involved in litigation and the monetary amount didn't justify me traveling to a state I no longer resided in to bring legal action.
Since I posted my review, I have had numerous people private message me with similar and even worse stories than mine. The common theme amongst these individuals is that Dr. Roth materially misrepresents himself and his program. One message in particular, from a former employee, prompted me to take action now, even though three years have gone by. The former employee's message not only collaborates with my own experience but also calls into question the safety of the "medical devices" he uses within his practice.
Claims that Dr. Roth has made (to me personally) that are unfounded included: "the programs as scientifically proven," "The programs are medically supervised" "The programs are FDA approved" "The programs are 100% safe" as well as several other claims about his experience in certain areas.
During litigation, I will be requesting documentation relating to the machines used in treatment. Specifically, I will be asking:
1-Where he purchased the machines from
2-When was the last time they were inspected
3-Are they FDA approved
4-Have the been proven to be safe
At the end of litigation, win or lose, I will ask the court for the transcript of these proceedings. I suspect that I will ultimately spend more money on court fees than any possible award, but I will take satisfaction in compelling Dr. Roth to answer the questions that many of his patients have, while under oath.
I suspect that he will not be able to produce documentation proving the safety of the machines he uses. I suspect they haven't been inspected. I suspect they were not purchased from a reputable source.
I KNOW that he made false claims about his expertise in several medical disorders. I KNOW that he gave dangerous advice to me personal, that could have caused great physical harm. I KNOW, that he offered me a $1,000 refund in exchange for me taking down my review. I KNOW that I tried to settle this conflict by means of injunctive relief; specifically, I requested that he had a disclaimer on all written materials that one should seek the consultation of a medical doctor before starting any health program and the advice given is not FDA approved and does not constitute medical advice.
I hope to prove to the court and potential patients, what I know to be true and during the discovery process be able to obtain evidence of what I have reasonable reason to believe to be true.
My goal is to protect future and current patients, and will. I agreed to accept Dr. Roth's original partial refund of $1,000 and to delete my original review AFTER he placed a disclaimer on his webpage and facebook and signed a contract promising to place said disclaimer on all written materials. I will still honor that deal.
Forget the monetary reward; I don't even think he'll even make the disclaimer. Ask yourself, why would someone who claims to be honest and transparent be unwilling to make a disclaimer about their non-FDA approved program and urge their patients (who they claim to care about) to seek medical clearance before engaging in their health program.
I'm going to get those answers. read more