Published: 2009-04-08 10:48:32
Author: Richard Halstead, Marin Independent-Journal, January 30, 2009
Two former patients took a Corte Madera chiropractor to small claims court Friday, alleging false advertising and scare tactics and demanding refunds.
Chiropractor Donald Harte denied the allegations, calling Friday's hearing a "malicious show."
Gertrude West of Larkspur said Harte lured her into his practice with false advertising, used scare tactics to get her to sign a long-term contract and refused to refund her money when her condition failed to improve.
Victoria Pollock-Grasso of Tiburon objected to Harte charging her a $559 administrative fee when she decided to stop receiving adjustments from him. Grasso said she stopped seeing Harte because an orthopedist she went to for a second opinion informed her she had degenerative disc disease in her cervical spine and that Harte's manipulation of her neck could cause her to have a stroke.
"I take care of people with disc problems all the time," responded Harte, who has practiced in Corte Madera for more than 25 years.
Most of the hearing focused on West, who is seeking a full refund of the more than $6,000 she paid Harte since beginning treatments in March 2008. West, 76, said Harte attracted her into his care with a "misleading" ad that appeared in a local weekly newspaper. She said Harte also miscalculated what she owes him and overcharged her by $353.
In the ad, Harte stated that patients had come to him with a long list
of symptoms: "Insomnia, anxiety, migraines, depression, fibromyalgia,
hormonal issues, heart conditions,
arthritis, GERD, digestive problems, low thyroid, dizziness, asthma,
ADD, rotator cuff, urinary problems, carpal tunnel, sinus problems,
knee and hip pain, even bone on bone É just to name a few."
West was seeking relief from painful arthritic knees. A surgical
partial replacement of one knee in 2005 had not improved her condition. "I was in terrible pain; I still am in terrible pain," West said. The California Board of Chiropractic Examiners, which regulates
chiropractors in California, notified Harte in 2004 that a similar ad
violated state regulations and ordered him to stop using it. Harte
responded by launching a counterattack against the board's enforcement
officers. He asserted the board was persecuting him and other
"straight" chiropractors who adhere to the beliefs of chiropractic
founder Daniel David Palmer.