AFFIDAVIT of PATRICIA MCILVAINE, MD



On this day, Patricia McIlvaine, MD appeared before me, the undersigned
notary public, and after I administered an oath to her, she declared as
follows:

My name is Patricia McIlvaine, MD. I am over the age of 18 years and
have personal knowledge of the facts contained in this declaration.  If
called upon as a witness, I could and would testify to these facts.

Each fact stated separately

1. I am a Board Certified Internist licensed to practice Medicine in the
State of Massachusetts.

2. I have been the Primary Care Physician for Dr. Judy Morris since
1989.

3. I have known Dr. Morris only as a patient and as a professional
colleague during the period of time she worked in the Emergency
Department of the local hospital.  We do not have a personal
relationship.  The attached records are kept as part of her usual
medical records in the usual course of business.

4. On April 27, 1995, I began a work-up of Dr. Morris for chronic
fatigue and headaches. A year and a half later on 12/11/96, I diagnosed
her conclusively as having Chronic Fatigue Syndrome and Fibromyalgia
according to the guidelines of the Centers for Disease Control and
consistent with accepted medical standards at that time. During that
time Dr. Morris has seen three subspecialists and tried several
different therapies to rule out other causes of her symptoms. (Copies of
Medical Records attached)

5.  I agreed that Dr. Morris could no longer reliably and safely perform
the regular and substantial duties of her profession as an Emergency
Room Physician and agreed with and supported her decision to apply for
long term disability benefits per her contracts with UNUM Insurance
Company.

6.  I sent in to UNUM Insurance Company Attending Physician Statements
on 1/7/97 and 1/10/97, and a follow-up questionnaire
on or about February 6, 1997 by standard US Postal Mail. (Copies of AP
Statements and follow-up questionnaire attached)

7. On March 13, 1997, Dr. Morris telephoned me asking that I fax in the
second questionnaire to UNUM as they claimed they never received it.
This was done within 24 hours.

8. On March 19, 1997, I received a telephone call from Dr. Jane
Pringle.  Dr. Pringle identified herself as an internist working for
UNUM and evaluating Dr. Morris^Òs disability claims.  During this
conversation, although I agreed in general to some of Dr. Pringle^Òs
statements, I did not say that they applied to Dr. Morris.

9. On March 31, 1997, I received a copy of a letter in which Dr. Pringle
purports to have transcribed our conversation.(Copy of letter dated
March 19, 1997 Attached).  I noted several inaccuracies especially with
regards to my conclusions about Dr. Morris^Òs illness and prognosis. I
did not sign nor return this letter to Dr. Pringle but wrote in a
rebuttal. (Copy of record dated April 1, 1997 Attached).

10.  In the rebuttal letter I objected to the term Dr. Pringle used
attempting to describe Dr. Morris as having ^Ólatched on^Ô to Chronic
Fatigue Syndrome.  I did not comment on Dr. Pringle^Òs conclusion that
since Dr. Morris appeared to be able to drive for up to twelve hours
that this demonstrated at least the physical capacity to ^Å..work [as an
ER doctor.]  I do not believe that Dr. Morris^Òs ability to drive in any
way reflects her ability to carry out the duties of an Emergency Room
Physician, physical or otherwise.

11.  In this and two subsequent letters to Dr. Pringle, I stated
emphatically that Dr. Morris clearly has Chronic Fatigue Syndrome and
that this disease and her symptoms preclude her from working as an
Emergency Physician on a regular basis.
(Copies of Records dated April 30, 1997 and May 9, 1997 Attached).

12.  Dr. Morris subsequently was seen and examined by two experts in
Chronic Fatigue Syndrome, Dr. Richard Glew and Dr. Nancy Klimas, who
confirmed my diagnosis and recommendations.

13.  In my most recent examination of Dr. Morris on December___,1998 she
continued to have subjective and objective findings of continued
moderately severe Chronic Fatigue Syndrome.  Until and unless
significant advancements are made in the treatment of this disease I
would consider that Dr. Morris has reached her maximum improvement and
is permanently disabled from regularly working in any occupation
involving prolonged concentration, standing, physical activity, decision
making, or exposure to chemicals and pathogens.

14.  In conclusion, I never supported Dr. Pringle^Òs or UNUM^Òs
conclusions that Dr. Morris was suffering from a psychiatric disease,
somatization or a personality disorder.  I believe, as I have always
believed, that Dr. Morris continued to try to work as an Emergency
Doctor while suffering from physical symptoms that would have
incapacitated an average person.  Her continued attempts to work caused
her condition to become worse and her symptoms to become severely
exacerbated and dangerous to herself and her patients.

15.  Furthermore, it is my professional belief that Dr. Pringle was
attempting to interfere with my professional relationship with Dr.
Morris by telling me in that telephone conversation that Dr. Morris was
^Ódifficult and litigious.^Ô  I have subsequently read a document provided
me by Dr. Morris called ^ÓUNUM Insurance Company, Southern Regional
Benefits, Chronic Fatigue Syndrome Management Program.^Ô (Copy of
Document Attached)  I believe it was Dr. Pringle^Òs intention, as set out
by the guidelines in this program to attempt to convince me that Dr.
Morris did not have a ^Óreal^Ô disease and was suffering from a neurosis.
It is my understanding that Dr. Morris^Òs insurance contracts severely
limit benefits for any mental illnesses. Furthermore, Dr. Pringle
engaged in a deceptive attempt to get me to sign a letter attributing to
me statements that I did not make or imply by writing a lengthy letter
including some true statements among the false ones and hoping I would
be too busy to notice.  Furthermore, I was not given an adequate chance
to respond to this letter prior to UNUM^Òs denial of Dr. Morris^Òs
disability claims.

I affirm that the foregoing is true as to statements made upon
information and belief, and as to those I believe them to be true.

Witness my hand under penalties of perjury this _____day of January,
1999.

____________________________     ______________________Witness
Patricia McIlvaine, MD
Monson Medical Center
2 Main Street
Monson, MA  01057       ______________________Witness
                                      Address

State of Massachusetts

County of Hampden

On _________(date) before me, Patricia McIlvaine, MD personally
appeared.

Patricia McIlvaine, MD is personally known to me (or proved to me on the
basis of satisfactory evidence to be the person whose name is subscribed
to the within instrument and acknowledged that she executed same in her
authorized capacities and that by her signature on the instrument the
person acted, executed the instrument.

Witness my hand and official seal.

Signature of Notary __________________________________________
Affiant is known____     Unknown_____

ID Produced _______________________

Notary Public in State of Massachusetts

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The URL for this document is:


http://graham.main.nc.us/~bhammel/INS/DOCS/040199AttchE.html


Created: April 15, 1999


Last Updated: May 28, 2000