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The Wilk Case
In 1976 an antitrust lawsuit was filed by Chester A. Wilk and 4 other chiropractors (one of whom later dropped out) against not only the AMA but also against 9 other medical organizations such as the American College of Radiology, and against 4 individuals. This began an odyssey lasting 14 years, with two separate federal trials, a series of appeals, complicated legal wrangling, and conflicting evidence. Some of the defendants settled out of court; 6 organizations and one individual went to trial. The AMA won, but the judge was accused of improperly instructing the jury and allowing inaccurate documents into evidence, so there was a second trial. In 1987, Judge Susan Getzendanner dismissed the charges against some of the defendants but found the AMA guilty of violating Section 1 (but not Section 2) of the Sherman Antitrust Act. No damages were awarded. The AMA was only required to pay the plaintiffs’ legal costs and to change its policy and inform MDs that they could associate with chiropractors. Chiropractors crowed about their victory, but it actually did little to change “discriminatory” practices or to enhance the reputation of chiropractic.
The decision was not by any stretch of the imagination an endorsement of chiropractic. The judge said:
The study of how the five original named plaintiffs diagnosed and actually treated patients with common symptoms was particularly impressive. This study demonstrated that the plaintiffs do not use common methods in treating common symptoms and that the treatment of patients appears to be undertaken on an ad hoc rather than on a scientific basis… I am persuaded that the dominant factor was patient care and the AMA’s subjective belief that chiropractic was not in the best interests of patients… [but] this concern for scientific method in patient care could have been adequately satisfied in a manner less restrictive of competition.
In 1976 an antitrust lawsuit was filed by Chester A. Wilk and 4 other chiropractors (one of whom later dropped out) against not only the AMA but also against 9 other medical organizations such as the American College of Radiology, and against 4 individuals. This began an odyssey lasting 14 years, with two separate federal trials, a series of appeals, complicated legal wrangling, and conflicting evidence. Some of the defendants settled out of court; 6 organizations and one individual went to trial. The AMA won, but the judge was accused of improperly instructing the jury and allowing inaccurate documents into evidence, so there was a second trial. In 1987, Judge Susan Getzendanner dismissed the charges against some of the defendants but found the AMA guilty of violating Section 1 (but not Section 2) of the Sherman Antitrust Act. No damages were awarded. The AMA was only required to pay the plaintiffs’ legal costs and to change its policy and inform MDs that they could associate with chiropractors. Chiropractors crowed about their victory, but it actually did little to change “discriminatory” practices or to enhance the reputation of chiropractic.
The decision was not by any stretch of the imagination an endorsement of chiropractic. The judge said:
The study of how the five original named plaintiffs diagnosed and actually treated patients with common symptoms was particularly impressive. This study demonstrated that the plaintiffs do not use common methods in treating common symptoms and that the treatment of patients appears to be undertaken on an ad hoc rather than on a scientific basis… I am persuaded that the dominant factor was patient care and the AMA’s subjective belief that chiropractic was not in the best interests of patients… [but] this concern for scientific method in patient care could have been adequately satisfied in a manner less restrictive of competition.
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