Dear Friend:

Re: False rumors concerning Michael Q. Stearns, MD, President and CEO

Recently it has come to our attention that a false rumor is being spread in industry circles relating to our company's President and CEO, Michael Q. Stearns, M.D. The rumor is that Michael Q. Stearns is a convicted felon. The rumor is absolutely false. While we don't know where it came from — a competitor, a disgruntled former employee, or wherever — we think it is important enough to address it openly and forthrightly before it gets spread any further.

You should know that the company has conducted a thorough internal investigation in to the rumor. The company interviewed Michael Q. Stearns personally and has reviewed relevant records and documents. Other individuals close to the situation were also personally interviewed. A detailed legal brief has been prepared.

The company continues to have the utmost confidence in Michael Q. Stearns, and will fight the rumor vigorously. We will prosecute to the fullest extent of the law anyone found to be defaming Michael Q. Stearns or our company.

Attached is a company statement concerning the matter. However, if you have any questions, you are welcome to give me a call personally at (512) 257-5200.

For those interested in the topic, here's the best description I've seen about the the witch hunt culture that defined the "tailhook" era, and many miscarriages of justice associated with it. Military Sex Scandals from Tailhook to the Present: The Cure Can Be Worse than the Disease by Kingsley R. Browne, Wayne State University Law School Legal Studies Research Paper Series, No. 07-33, June 18, 2007
Sincerely


David Winn, MD, FAAFP
Company Founder and Chairman of the Board

The company was informed on Friday, March 5, 2010, that someone is spreading a rumor that the Company's President and CEO, Michael Q. Stearns, MD, is a convicted felon. Shortly thereafter, on Thursday, March 11, 2010, an anonymous poster called "TMZ" posted a message on emrupdate.com suggesting that someone running an EMR software company is a "convicted felon" and further suggesting that it will become a scandal and encourage a flurry of activity on emrupdate.com when the truth comes out.

The rumor apparently refers to a time over 16 years ago when Michael Q. Stearns was a neurologist in the Navy and was involved in accusations related to sexual harassment.

This company conducted an internal investigation, including interviewing Michael Q. Stearns himself and other persons involved in the incident at the time. We also reviewed portions of the actual transcript of the relevant military hearing. In addition, Michael Q. Stearns' personal attorney has provided a detailed summary of the military records. It is clear that Michael Q. Stearns is NOT a convicted felon and does NOT have a criminal felony record. There is NO finding by ANY court or law enforcement agency that he has engaged in any conduct that could be considered a "felony."

Here are the facts as we know them today:
Michael Q. Stearns was a prominent neurologist in the military over 16 years ago during the aftermath of the Tailhook Scandal. Reports of the Tailhook Scandal were all over the media at the time. The military, and the Navy in particular, was under intense political pressure to prosecute anyone for any infractions that were thought to be related to sexual harassment. The records reviewed by Michael Q. Stearns' attorney indicate that Stearns saw and treated thousands of patients, that he received praise and recognition from fellow doctors for his medical skill and from his patients for his genuine concern for them. He was considered to be among the highest caliber of military officer.

Current best practices dictate that male doctors should not examine female patients without a female chaperone in the room. However, due to budget cuts, the Navy was unable to provide chaperones to assist physicians like Michael Q. Stearns with examinations. The lack of chaparones during this highly-charged politcal time was a source of anxiety for staff physicians who feared they would have no defense against inevitable complaints. Predictably, a complaint was ultimately made alleging that Stearns made inappropriate contact with a patient during two separate examinations. During the course of the ensuing investigation — which included thousands of encounters over a five-year period — the prosecutors found two other individuals who were willing to make similar complaints against Stearns. According to Stearns, he was able to provide full medical justification for his examinations that were directly supported by his documentation and were reviewed by other physicians.

However, Stearns says his attorneys told him that in the political climate at that time he would be unable to get a fair trial, and that he was highly likely to be convicted in a General Court Martial regardless of his actual guilt or innocence. After a protracted and highly politicized process where he felt he was not accorded due process, Michael Q. Stearns agreed — under duress — to plead guilty to four counts of Simple Assault and Battery (Uniform Code of Military Justice Article 128). Stearns was specifically found not guilty of "inappropriately touching in a sexual manner female patients under his care," and of "indecent assault," and was cleared of any "intent to gratify his sexual desires" concerning the allegations. Although the military's version of simple assault and battery does not directly translate to the U.S. criminal system, such an offense equates most directly to a misdemeanor, not a felony. A criminal record search reveals that Michael Q. Stearns has no felony criminal record of any kind.

According to Stearns, in connection with the prosecution's efforts to convince him to plead guilty, he was assured that his medical license would not be affected. Stearns further indicates that his attorney had reached an agreement with the medical board in Maryland, wherein the Board agreed to suspend his license temporarily, with a "stayed" suspension, meaning that it would never actually be suspended.

However, as with the Navy, the political atmosphere in the state of Maryland at the time was also toxic when it came to sexual harassment-like allegations. The naval presence in Maryland is enormous, and the politics of the one affect the politics of the other. After pleading guilty, Stearns indicates that the Maryland Board changed its mind and offered him a 6-month "actual" suspension. On the advice of his attorney he declined this offer, because his attorney felt the Board was compelled to honor the original agreement. In response, the Board elected to suspend, and then revoke, his license. The Maryland Board also posted information online that misstates what transpired in the military process. The Maryland Board seemed to indicate that Stearns pled guilty to assaults arising from inappropriate sexual touching, which is NOT the case. Michael Q. Stearns was specifically cleared of these allegations. Whether these misstatements were intentional, or the result of a misunderstanding of the military process, is unclear. Although Stearns was eligible to apply for reinstatement of his license after one year, he chose not to do so.

This company's Board Chairman and Founder, David Winn, MD, has spoken directly with individuals close to the situation at the time it occurred. These individuals confirmed Michael Q. Stearns's high moral character and testified that he was a conscientious and thorough clinician who got caught up in the toxic politics of the time. Under intense post-Tailhook scrutiny, the Navy ignored due process and presumed the guilt of anyone who stood accused. Michael Q. Stearns paid the ultimate price for a navy trying to portray a "get tough" stance on sexual-based complaints.

In summary, the rumor about Michael Q. Stearns being a convicted felon is absolutely false, and appears to be malicious as well. Because it involves a false allegation of a crime, the rumor is defamatory per se, meaning that punitive damages are available against any publisher of the allegation without the need to prove actual harm, and is actionable not only by Michael Q. Stearns but by the company as well.