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A NICE DILEMMA?

http://www.meactionuk.org.uk/A_NICE_DILEMMA.htm

Margaret 15th December 2008

ME/CFS in the US

In the Summer 2008 issue of The CFIDS Chronicle published by The CFIDS

Association of America, Komaroff, Professor of Medicine at Harvard,

editor-in-chief of Harvard Health Publications and senior physician at Brigham

and Womens’ Hospital, Boston (who has published more than 230 research papers

on ME/CFS) wrote an article listing the top ten biomedical research findings in

ME/CFS.

These are summarised at

http://www.prohealth.com/library/showarticle.cfm?libid=14063 and include

evidence that (1) many patients with ME/CFS have no diagnosable psychiatric

disorder and that ME/CFS is not a form of depression; (2) there is a state of

chronic, low-grade immune activation, with evidence of activated T cells and

evidence of genes reflecting immune activation, as well as evidence of

increased levels of cytokines; (3) there is substantial evidence of

poorly-functioning NK cells (white blood cells that are important in fighting

viral infections); (4) there is evidence of white and grey matter abnormalities

in the brain; (5) there is evidence of abnormalities in brain metabolism (and

evidence of dysfunction of energy metabolism in the mitochondria); (6) there is

evidence of abnormalities in the neuroendocrine system, particularly in the HPA

axis but also in the hypothalamic-prolactin axis and in the hypothalamic-growth

hormone axis; (7) there is

evidence of cognitive difficulties, especially with information processing,

memory and/or attention; (8) there is evidence of abnormalities in the

autonomic nervous system (including a failure to maintain blood pressure,

abnormal responses of the heart rate, and unusual pooling of blood in the legs,

as well as low levels of blood volume); (9) there is evidence of disordered

gene expression, especially in those genes that are important in energy

metabolism and in genes connected to HPA axis activity, to the sympathetic

nervous system and to the immune system; (10) there is evidence of frequent

infection with viruses, especially herpesvirus and enteroviruses.

Former top ME/CFS researcher at the US Centres for Disease Control (CDC), Dr

Suzanne Vernon, stated on 5th December 2008 that there are now more than 5,000

peer-reviewed articles in the biomedical literature that tell us a lot about

the disrupted biology of ME/CFS, about what happens to the immune and endocrine

systems and to the autonomic and central nervous systems

(http://www.prohealth.com/library/showArticle.cfm?libid=14167 ). When asked why

this information had not been harnessed, her reply was that there is no good

reason why it has not been translated to the medical community, saying: “no-one

is filling that gap between the bench research and the bedside”. She noted that

ME/CFS is “ultimately described as immune dysregulation and neuroendocrine

disturbance”. Dr Vernon stated that “infection is the key to

initiating/triggering ME/CFS and the immune system is central to sustaining

(it). Hormones are critical in modulating the immune response. A unifying

theme is disturbed cell signalling and cell metabolism. We know that low

cortisol occurs in some patients with ME/CFS. Cortisol is a critical molecule

for regulating the HPA axis and is essential for modulating the immune

response”.

The results of a new study by Courjaret et al are unambiguous and

straightforward: “no direct relationship between the chronic fatigue syndrome

and personality disorders was shown” (J Psychosom Res 2009:66:13-20).

ME/CFS in the UK

The Courjaret study will doubtless cut no ice with those who are committed

ME/CFS deniers: on 12th March 2008, one such denier ( Furedi), in an item

entitled “The seven deadly personality disorders” stated: “Sloth has been

medicalised, too. The creation of such conditions as chronic fatigue syndrome

invites people to make sense of their lassitude through a medical label”

(http://www.spiked-online.com/index.php?/site/article/4862/ ) .

As customary, when any biomedical aspects of ME/CFS are highlighted

internationally, they fall on deaf ears in the UK, a case in point being the

current issue of PULSE, which publishes the views of psychiatrist Dr

Bass under the heading: “Need to know – somatoform disorders”. In

his article, Bass specifically includes “CFS” as a somatoform disorder. PULSE

is a medical trade magazine widely distributed throughout the NHS and Dr Bass

is a liaison psychiatrist who, with Simon Wessely, worked at Kings College

Hospital before moving to Oxford (another hotbed of ME denial, where

psychiatrist Sharpe worked before he moved to Edinburgh).

Bass makes unsubstantiated claims and he repeats, vacuously, the Wessely

School mantra, for example: “A cognitive behavioural therapy approach is

helpful in patients with somatoform disorders because it addresses the

predisposing, precipitating and perpetuating factors. CBT has been shown in

many (sic) trials to be helpful in patients with medically unexplained symptoms

such as chronic fatigue syndrome. Most patients with medically unexplained

symptoms lasting for more than six months will have a somatoform disorder.

Psychiatrists tend to use terms such as somatoform disorders while GPs and

non-psychiatrist physicians use terms like chronic fatigue syndrome. The

official diagnostic criteria for somatoform disorders—which include

hypochondriasis, recently renamed as health anxiety to reduce stigma -- include

symptoms that are caused or maintained by psychosocial factors”.

In his PULSE article, Bass states that CBT has been shown to be helpful in

“many” trials in patients with “CFS”, but even NICE itself in its now infamous

Guideline on “CFS/ME” (CG53) could find only five such trials and it is not

difficult to demonstrate that those five trials were methodologically flawed, a

fact acknowledged by the team at the Centre for Reviews and Dissemination (CRD)

at York who actually carried out the systematic review of the literature

specifically to support the work of NICE on “CFS/ME”.

CBT/GET does not prevent death from ME/CFS

There have been a number of high profile deaths from ME/CFS in the UK. There

can be few in the international ME community who have forgotten the harrowing

death three years ago of 32 year old Sophia Mirza, who was forcibly but

illegally detained under the Mental Health Act and who subsequently died from

ME/CFS and whose autopsy revealed severe inflammation of the dorsal roots in

her spinal cord. These are the sensory nerve roots, so she must have been in

considerable pain for many years.

The most recent death is that of Lynn Gilderdale who died on 4th December 2008

aged 31, having suffered extremely severe ME from the age of 14. Lynn had been

on a very potent combination of opioid and neuropathic pain medication via a

subcutaneous pump and, sadly, her mother was arrested on suspicion of murder,

so although Lynn had made a Will stating her wishes that her organs and tissues

should be used after her death, her mother was in police custody and was unable

to ensure that Lynn’s wishes were carried out at the time. The only organ that

was retrieved immediately after Lynn’s death was the brain, and this was sent

to Kings College Hospital, London (where Simon Wessely works). This

exceptionally tragic case gained much media coverage, not only in the UK but

also in countries including South America, the Czech Republic; Spain, Belgium,

CNN Europe and Croatia.

Other recent deaths include that of Sue Firth from Yorkshire, who left two

teenage sons, and Nicola McNougher from Bromsgrove, who also left two young

sons. Like Lynn Gilderdale and Mrs Firth, Mrs McNougher suffered from severe ME;

she was unable to tolerate the degree of pain and illness, so she went to

Switzerland and chose to end her life there. Notably, Mrs McNougher was a

psychotherapist; as such, she would, one imagines, have had the insight to

practice cognitive behavioural techniques to her own advantage – if, that is,

such techniques actually work. The evidence is that they do not work.

If CBT is so successful, where, then, was the involvement of the Wessely

School psychiatrists, especially Professors Simon Wessely and White, and

even Professor Bass himself, in these tragic cases? White is on record as

affirming that CBT/GET can cure “CFS/ME” (“Is full recovery possible after CBT

for CFS?”; Hans Knoop, White et al; Psychotherapy & Psychosomatics

2007:76:171-176). Professor Sharpe is also on record as asserting:

“There is evidence that psychiatric treatment can reduce disability in CFS. In

some cases, it can be curative” (“Psychiatric Management of Post Viral Fatigue

Syndrome”; Sharpe; British Medical Bulletin 1991:47:4:989-1005) and

Simon Wessely himself is also on record as confirming that significantly more

patients met the criteria for full recovery and that: “seven (23%) of the CBT

patients were deemed completely recovered” (“Long-term outcome of cognitive

behavioural therapy versus relaxation therapy

for chronic fatigue syndrome: a five-year follow up study”; Deale A, Chalder

T, Wessely S et al; Am J Psychiat 2001:158:2038-2042). For the record, that

same year (2001) Wessely is also on record as stating that CBT is not “remotely

curative” (Editorial; JAMA 19th September 2001:286:11). Wessely does not

clarify how the same intervention can result in complete recovery even though it

is not remotely curative.

None of these trials, of course, included anyone who was severely affected by

ME/CFS; indeed, it is entirely possible that there was not a single patient

with ME/CFS in any of those studies, since most of the trials used the Oxford

criteria and those criteria expressly exclude people with neurological

disorders but do specifically include those with psychiatric disorders (which

often have “fatigue” as a problematic symptom).

NICE “Guidelines” are to become legally enforceable in 2009

In an attempt to justify its reliance on those few (and methodologically

flawed) RCTs in its Guideline on “CFS/ME”, it is anticipated that on 11th and

12th February 2009 NICE will have to explain its reasons for doing so before a

High Court Judge, more particularly so given the recent announcement that “GPs

will have to prove they follow NICE Guidelines or face the possibility of

suspension, prosecution or the closure of their practice. Baroness Young,

chair of the Care Quality Commission, revealed that guidance from NICE would

become legally enforceable from 2009, with doctors to face tough annual checks

on their compliance. Baroness Young told last week’s NICE annual conference

that policing clinical guidance was set to be a key part of the CQC’s work, and

admitted the commission had been handed ‘draconian’ powers by Ministers”

(PULSE: “Threat of legal action if GPs fail to follow NICE”; Nigel Praities;

11th December 2008).

Before it can start wielding these draconian powers in relation to ME/CFS

patients, NICE may be required to explain to the satisfaction of the Judge why

it relied upon an evidence-base of just one systematic review that comprised

only 18 clinical trials, not all of which were random controlled trials (RCTs),

of which just five were RCTs of CBT and a further five were RCTs of graded

exercise therapy, making a grand total of just 10 RCTs, all on a patient base

of just 1,448 patients who may or may not have had ME/CFS.

This should be compared with NICE’s Clinical Guideline on multiple sclerosis

(CG8), which had an evidence-base that contained 80 systematic reviews of

approximately 1,107 RCTs on a patient base of 89,230 MS patients. It will be

recalled that the Government states there are 240,000 with “CFS/ME” in the UK,

which far exceeds the number of people with MS.

Clearly there was insufficient evidence upon which to predicate a national

Guideline for “CFS/ME”, so – according to the rules – NICE should have chosen

the OIR option (Only in Research), which would have been the correct procedure

for the Guideline Development Group (GDG) to have followed. It chose not to do

so, thereby fuelling the perception that the GDG was intent on recommending

CBT/GET whatever the evidence or lack of it.

Some failures by NICE to adhere to its own Guideline Development Manual

It is anticipated that NICE will also be required to explain to the Judge why

it failed to adhere to its own Guideline Development Manual in the production

of its Clinical Guideline 53 on “CFS/ME” in numerous other important areas.

For example, there was the unfortunate “misprint” in the printed version of

the Questionnaire that respondent stakeholders were required to complete prior

to the publication of the draft Guideline, a “misprint” that potentially skewed

the answers to over one third of the questions in that the instructions were

misleadingly worded and seemed deliberately ambiguous, even to a clear-thinking

person, let alone an ME/CFS patients with cognitive difficulties. Perhaps

expediently, the instructions for the following section (starting with question

62 and relating to “Behavioural Approaches”) changed – without guidance or

notification – from choosing to tick “inappropriate” in the previous section to

choosing to tick “appropriate” in that section. Without having attention drawn

to this important change, few people with cognitive problems such as are found

in ME/CFS would have spotted this hurdle. When notified of this, respondents

were given just two days by

Turnbull to correct their responses (see email sent on 3rd May 2006 at 2.26pm

from Turnbull to Participants), which was an impossibility, since many

completed Questionnaires were likely to have been posted back by then. NICE did

not seem concerned, but perhaps this was because the outcome was a forgone

conclusion, so whatever information patients submitted was of little value to

the GDG, who are on record as affirming that patients’ evidence was deemed to

be “biased” (J Inf 2007: 55:6:569-571) and therefore of little value, which is

in direct contradiction to the Expert Patient programme rolled out in 2001 by

NICE’s own paymaster, the Department of Health, in which patients with

long-term diseases are to be acknowledged as experts in their own conditions).

Then there was the curious matter of NICE quietly dropping the required second

consultation on the draft Guideline; although NICE instituted a nominal

“consultation” period (which for some reason was over the 2005/6 Christmas/New

Year break) on their wish to drop the second consultation, many stakeholders

were unaware of it, even though they were required to be notified of it by

NICE. The Manual is unambiguous that Guidelines in preparation that were beyond

a certain stage of development (as was the case with CG53) were to continue

under the old rules (which stipulated not one but two consultations). This did

not happen with CG53.

Introduction of “Consensus” for CG53

A notable innovation in the production of CG53 was the use of “consensus” by

the GDG (said to be because the evidence-base was so poor). By letter dated

26th January 2006, a NICE Communications Executive (Sarita Tamber) confirmed:

“With regard to the CFS/ME guideline, because of the lack of evidence it was

decided to use formal consensus methods with the GDG. As you are aware, NICE

guidelines are based on research evidence but NICE is aware of the lack of

evidence on CFS/ME”. Consensus methodology is rigorously defined, but in the

case of CG53, NICE decided to use its own “modification” that was specially

formulated for this particular Guideline (as confirmed by Dr Mercia Page of NICE

in her evidence to the Gibson Inquiry). The person who advised the GDG about the

consensus methodology to be used was Professor lind Raine, Professor of

Health Services Research at University College, London. Professor Raine’s

published views on “CFS/ME” just happen to be

that it is a behavioural disorder that should be managed by CBT/GET. Her views

are to be found, for example, in the BMJ 2002:325:1082 (“Systematic review of

mental health interventions for patients with common somatic symptoms”) and the

BMJ 2004:328:1354-1357 (“General practitioners’ perception of CFS and beliefs

about its management”).

After reviewing many of the same studies assessed by the York Review team for

“CFS”, Raine’s main conclusion in her 2002 paper is that patients in secondary

care with chronic fatigue syndrome may benefit from CBT.

In her 2004 paper, CBT was described as “effective clinical management” for

chronic fatigue syndrome and she warned that GPs’ perceptions “may be a barrier

to mental health approaches”.

The Medical Adviser to the ME Association, Dr Shepherd, was one of the

hundred or so respondents in the e-BMJ Rapid Responses: “As a doctor who likes

to receive balanced information in the BMJ, I was concerned at what appears to

be a clear bias by the authors in favour of the psychosomatic explanation for

ME/CFS” (http://www.bmj.com/cgi/eletters/328/7452/1354#61348 ).

Also in 2004, Raine published “An experimental study of determinants of group

judgments in clinical guideline development”, Lancet 2004:364:429-437. It was

funded by the MRC, so perhaps unsurprisingly, “cognitive behavioural therapy,

behavioural therapy, psychodynamic interpersonal therapy, and antidepressants

for irritable bowel syndrome and chronic fatigue syndrome were selected for

study”.

Raine explains in this article that CBT “is provided by CBT therapists who aim

to modify thoughts and beliefs with the expectation that emotional and

behavioural changes will follow” and that behavioural therapies focus on “the

modification of behaviour to positively reinforce healthy behaviours” which

“emphasise the role that social factors can play in the development and

maintenance of functional somatic complaints. The goal is to identify and

reinforce ‘well’ behaviours while reducing reinforcement for somatic behaviours

eg. excessive diagnostic testing or restricting mobility”.

Although not technically a member of the GDG, Professor Raine was in charge of

the voting system used by the GDG and must have wielded considerable influence

on the outcome. That the “consensus” method used was in reality little more

than a voting system has been confirmed by GDG member Dr Fred Nye (J Inf 2007:

55:6:569-571).

Another curious failure on the part of NICE was the outright refusal of the

GDG to accept the WHO international classification of ME/CFS as a neurological

disorder as listed in the ICD-10 at G93.3. This makes it all the more notable

that in November 2007 the Customer Service Centre at the Department of Health

sent out correspondence which stated: “The Government has long recognised the

World Health Organisation (WHO) classification of CFS/ME as a neurological

disease, and this is the definition used in the final clinical practice

guidelines published by NICE on 22nd August”. That was an outright lie. It is

a lie that is being perpetuated, because on 25th November 2008, the Northern

Ireland Minister for Health, Social Services and Public Safety,

McGimpsey MLA, confidently stated: “There have been a number of studies and

reports in recent years clarifying that (ME) is a very real and debilitating

neurological condition. Most recently this has been

established in a NICE clinical guideline on the diagnosis and management of ME

and CFS issued in August 2007” (ref: COR/1471/2008). The NICE Guideline

specifically and perversely refused to accept “CFS/ME” as a neurological

condition, so it is unacceptable that NICE’s own paymasters (the DoH) should be

advising constituents otherwise.

Failure of NICE to adhere to the Guideline Development Manual in the selection

of GDG members

Perhaps the most rampant failure of procedure (and evidence of bias) is to be

found in NICE’s disregard of the Manual’s directions about the required

composition of the GDG. Bias may have been inevitable from the outset, because

two people who were involved in the selection of the GDG members were Professor

Pinching and Noons, who “advised” the GDG chairman Professor

Baker (who was himself chosen by Turnbull, Chief Executive of the

National Collaborating Centre for Primary Care). Pinching was chairman of the

CFS/ME Service Implementation Steering Group and Pat Noons was Programme

Director of the CFS/ME Service Investment; both therefore had a clear interest

in ensuring that CBT/GET was to be recommended by the NICE GDG. Pinching’s

views are well-known: “The clinical features are fatigue not related to

on-going exertion. Over-investigation can be harmful and counterproductive to

the management of these patients, causing them to

seek abnormal test results to validate their illness. The benefits of graded

exercise have been shown by randomised controlled trials (citing four Wessely

School studies). A behavioural response is crucial. The essence of treatment

is activity management and graded rehabilitation”. ( J Pinching.

Prescribers’ Journal 2000:40:2: 99-106). Noons has a reputation of

being unhelpful to ME/CFS patients, for example, internet notice boards contain

the following: “ Noons came to one of our steering group meetings and

she was less than helpful. All she was interested in was -- just get these

clinics set up as soon as possible…it doesn’t matter what the patients think”;

“Even if the Clinical Champion (CC) wanted to be different, it was almost

impossible for them to be so, as the Department of Health and the CNCC

(Clinical Network Co-ordinating Centres) set the agenda. I have seen with my

own eyes the pressure that was placed to conform to

the ‘rules’ by the ex-coordinator from the Department of Health (Pat Noons)”.

Even more tellingly, in 2004 Noons was involved with Trent Report,

which was unambiguous: “CFS/ME was not a disease as such”. She was also

involved with the 2006 NHSPlus Guideline “Occupational Aspects of the Management

of CFS: A National Guideline” which has been rejected by 25 ME charities as

unfit for purpose. That Guideline was developed in consultation with

stakeholders, DWP, NICE and Pat Noons at the Department of Health, as

documented in the official Minutes of the All Party Parliamentary Group on ME

held on 17th May 2007 at the House of Commons.

Possibly because of the intention that CBT/GET was to be the primary

management regime to be recommended by the NICE Guideline, not a single

disease-specific expert who does not subscribe to the Wessely School

behavioural model of “CFS/ME” was permitted to be a GDG member (their written

applications were rejected by NICE in writing).

This was in direct contradiction to NICE’s own Guideline Development Manual,

which stipulates the need for a balanced membership of a GDG.

NICE disingenuously claims that the GDG was representative of the wide body of

professionals who deal with “CFS/ME” on a day-to-day basis, but that statement

is to be challenged in the High Court.

Consideration of the known views of members of the Guideline Development Group

(GDG)

The GDG chairman, Professor Baker, a general practitioner for two days

a week, had no prior knowledge or experience of “CFS/ME” whatever. Although he

failed to declare it, he is described as “a pioneering thinker in Primary Care

Mental Health”. In his evidence to the Gibson Inquiry on 10th May 2006, Baker

pointed to the MRC PACE trial as a good example of work being undertaken in the

UK, to which Dr Ian Gibson MP responded by pointing to the criticism that has

been voiced about the MRC trial and its underlying research, which some have

accused of being biased towards a psychiatric model of “CFS/ME”. Baker’s

response was telling: he reaffirmed that, after talking to the MRC trial

researchers (ie. the Wessely School), he did not believe this to be the case.

Bavinton (physiotherapist) previously worked with psychiatrist

Professor White at St Bartholomew’s Fatigue Clinic; she is involved in

the MRC PACE trial (reporting to the trial’s Principal Investigator, Professor

White) and is a treatment leader, having written the GET manual for that trial;

with White, she is involved in the medical insurance industry (for

example, with ish Provident and Swiss Re, of which White is Chief

Medical Officer) to carry out “assessments” on “CFS/ME” claimants, for whom she

carries out “lots” of such assessments. Letters dated 7th August 2007 from

ish Provident (i.e. before publication of the Guideline) are unequivocal:

one is addressed to Bavinton at Conan Doyle Consulting Rooms, 2 Upper

Wimple Street, London W1G 6LD and says: “Dear , I would appreciate it

if you would visit Mrs W at home. We are looking for your assessment of (her)

inability to perform any occupation together

with any other observations / thoughts that you may have”. Another letter to

the client says: “We are arranging for a claims visit. This will be done by

Bavinton who specialises in performing home visits of this nature”. On

13th August 2007 the client spoke to Miss Bavinton on the telephone and made a

transcript of what Miss Bavinton said: “She told me she specialises in ME; she

does ‘lots’ of these assessments for insurance companies; she refused to tell

me what ‘treatments’ she advocates for ME patients; the insurance company may

well fund (Miss Bavinton’s) treatments”.

Miss Bavinton is not only a physiotherapist, she has been working for a

Diploma in Human Givens therapy with the Human Givens Institute, aiming to work

privately in this field. Human Givens therapy has been described by a medical

practitioner as “dodgy psychobabble”. It purports to deal with “mental

distress” in people who are depressed, anxious, phobic, or who have problems

with addiction. In 2004, Miss Bavinton published an article called “The mended

fin” (Human Givens Publishing, 2004: volume 11, no.1) which claims to show how

the human givens approach empowers patients by promoting emotional health and

clear thinking. In a TimeBank article published in 2002 (for which the web

page is no longer available), Miss Bavinton said: “I get a greater

understanding of people and their responses to life, deepening my understanding

of myself, but one of the most special feelings is knowing I directly

contribute towards the number of people smiling in my community

and that makes me smile”.

Miss Bavinton is also in private practice working for Positive Health

Strategies Ltd at King VII Hospital, Midhurst, West Sussex. The Director

of Positive Health Strategies is Dr Marien, a psychologist and CBT

therapist who for ten years worked with White at the Chronic Fatigue

Clinic at St Bartholomew’s Hospital, London and who is now the Clinical Lead

for the Sussex NHS “CFS” service. The company information describes her as

“currently leading on a project involving the dissemination of good practice to

therapists nationwide. is a Human Givens Therapist, which enables her

to take a fully integrated approach incorporating management of emotional

health”

(http://web.archive.org/web/20060118223755/www.phsmedical.co.uk/theteam.html

).

Miss Bavinton also facilitates fee-paying instruction classes on GET for

health professionals on “How to introduce GET for patients with ME/CFS as

recommended in the NICE Guideline”, one of which took place at Frenchay

Hospital Bristol, on 12th September 2008. This was the first phase of Graded

Exercise Therapy Training. An advanced course is scheduled for December 2008.

This training event was also held in Manchester in July 2008.

It is notable that Miss Bavinton was deemed by the GDG selectors to have more

clinical expertise in “CFS/ME” than NHS consultants with a professional

lifetime’s experience of ME/CFS, such as infectious diseases expert Dr

Weir, neurologist Dr Abhijit Chaudhuri (jointly nominated by consultant

neurologist Professor Findley and the Medical Adviser to the ME

Association, Dr Shepherd), paediatrician Dr Nigel Speight, consultant

clinician Dr Kerr, Professor Newton and Dr Shepherd. It

is also notable that no representative of either the ME Association or the 25%

ME Group for the Severely Affected was permitted to be a member of the GDG, and

that their written applications were perversely rejected by NICE. This refusal

by NICE to permit any representative from the ME Association, or from the 25%ME

Group for the Severely Affected should be compared with NICE’s Guideline on

multiple sclerosis (CG8), where the GDG was replete

with MS charities’ representatives.

Consultant paediatrician Dr Esther Crawley is a leading supporter of CBT/GET

and is dismissive of the regular and consistent patient reports which identify

adverse effects; she is now Medical Adviser to AYME (Association of Young

People with ME), which has adopted the psycho-social model and actively

promotes CBT/GET. As that charity’s founder, Jill Moss, was a GDG “expert

co-optee”, this effectively gave that charity two bites at the same cherry,

whilst denying any representation from the other children’s charity TYMES Trust

(The Young ME Sufferers’ Trust) which does not support the behavioural model of

“CFS/ME”.

It is a matter of record that AYME (and its sibling adult charity Action for

ME) have been the recipients of a Section 64 grant, which would require the

charities’ promotion of CBT/GET for “CFS/ME” and would preclude their openly

supporting a Judicial Review of the NICE Guideline on “CFS/ME”. A S64 grant is

the way in which the Secretary of State for Health, through Section 64 of the

Health Services and Public Health Act 1968, has the power to make grants to

voluntary organisations in England whose activities support the Department of

Health’s policy priorities (in this case, CBT/GET for “CFS/ME”).

Dr Tony Downes is described simply as a “GP”, but this is misleading, because

his special interest is in Primary Care Mental Health Services. He sits on the

Executive Committee of the Mental Health Research Network, Wales, alongside

Professor Bentall, Professor of Clinical Psychiatry at Bangor

University. (Professor Bentall and his co-author, GDG member Dr Fred Nye,

contributed two of the 18 trials that constituted the NICE “evidence-base”).

In 2006, the Royal College of General Practitioners’ Mental Health Task Group

issued a curriculum statement (No.13) designating CFS as a mental health

disorder that was suitable for treatment in Primary Care. (For the record, one

of the authors of the RCGP’s curriculum statement No.13 was Wessely’s wife, Dr

Clare Garada, who was a Senior Policy Adviser to the Department of Health). In

addition to his involvement with WaMH (the Wales Mental Health Group in Primary

Care), Dr Downes is involved with the Centre for

Mental Health, whose Manifesto “Speaking our Minds” contains the following:

" The Centre will place high emphasis on mental health " and it quotes Dr Tony

Downes at the beginning: " A well mind is a healthy person and a healthy people

is a well nation. Mental wealth (sic) is key to a nation's economic health and

a 'feel good' culture is vital to successful government. Government policy

should promote mental wealth (sic) creation and distribution. Government and

the people should work as co-producers of mental health and share in the

resulting mental wealth " . The Manifesto quotes Wessely almost verbatim: " Up

to 50% of hospital outpatients have symptoms unexplained by modern medicine

(medically unexplained symptoms, somatisation). The health and social costs

resulting from wasted time through the acquisition of an unhelpful labeland the

inappropriate investigations and referrals for functional disorders and

syndromes (ie. mental disorders) are considerable " .

(Wessely and the medical insurance industry refer elsewhere to ME as an

unhelpful label, as it implies real, organic disease, so dropping the label ME

was helpful for the insurance industry, and the Royal College of General

Practitioners’ [Wales] submission to NICE was unambiguous: “Please use the term

CFS and stop perpetuating ME”). On page 5 the Manifesto talks about " respect

for the roles of social, economic (and) occupational problems in determining

and shaping psychological disability”.

It can thus be seen that for Dr Tony Downes to be described by NICE as simply

an innocuous “GP” was disingenuous, to say the least.

Consultant neurologist Dr Grunewald has a special interest in the

interface between neurology and psychiatry, especially “functional”

neurological symptoms. He is associate editor of “Behavioural Neurology”, whose

editors regard “behavioural neuroscience” as “exciting and expanding fields of

research”. In 2005, he published a paper in the JNNP:2005:76:307-314 on

“predisposing, precipitating and perpetuating factors” (a Wessely School

phrase that permeates the NICE Guideline) and he stressed the need for the

involvement of liaison psychiatrists (Wessely is a liaison psychiatrist).

Grunewald emphasised that the term “functional” is more acceptable to patients

than the terms “psychosomatic” and “medically unexplained”. He also emphasised

that “functional symptoms can be classified as manifestations of somatoform

disorders” and noted that “functional symptoms were previously called

‘hysterical’ ”. He went on to talk about “feigning illness or

exaggerating symptoms”.

On 14th October 2006 at a Sheffield ME Group Conference organised by Mrs Ute

Elliott, Chair of the Sheffield ME Group (who was one of the three patients on

the GDG), Dr Grunewald spoke about ME. Amongst other things, he said: “There

is widespread ignorance about ME and the literature doesn’t help”. That is an

insupportable assertion, because there are over 4,000/5,000 peer-reviewed

papers on ME/CFS. Grunewald continued: “When the NICE Guidelines are published

I hope this will be the beginning of a sea change. ME is always the result of

stress. The way that has been found most effective is to address this with a

multi-disciplinary approach including graded activity programmes and addressing

psychological issues. Some models (of ME/CFS) are unhelpful such as the virus

model. There doesn’t seem to be any doubt that for the majority of people there

is not a viral trigger”. Again, this is an insupportable statement, because

there is an extensive international

literature about viral involvement in ME/CFS, especially enteroviruses.

Grunewald continued: “The symptoms of ME are so physical but I’m afraid (the

questioner) will not find a physical cause. I find the development of the NICE

guidelines exciting because they represent a change that’s coming in the NHS

approach”.

In 2007, Grunewald published a paper in the journal Psychotherapy: Theory,

Research, Practice, Training (“Engagement in psychological treatment for

functional neurological symptoms – barriers and solutions”, 2007:44:3:354-360)

in which he reiterated his views about “predisposing, precipitating and

perpetuating factors” for “functional neurological symptoms”, saying such

symptoms are “costly to health services and the economy” but that “patients

with functional neurological symptoms are often hostile to the idea of

psychological treatment for symptoms, which they typically attribute to an

undiscovered physical cause” (quoting Wessely School psychiatrist

Sharpe) and that “it has long been recognised that patients with a long history

of chronic symptoms and entrenched support systems reinforcing illness

behaviour can be particularly difficult to engage” because such patients “were

concerned that compliance would prevent further medical investigations

which they felt were necessary”. Grunewald’s solution was that these patients

should receive psychotherapy (as the NICE Guideline CG53 recommends).

Also in 2007, Grunewald published another paper extolling the virtues of

psychotherapy for people with somatoform disorders, especially for

“non-neurological functional symptoms” (in which he specifically includes CFS),

in which he concluded: “”Psychotherapy may be a cost-effective intervention for

patients presenting with functional neurological symptoms” (J Psychosom Res

2007:63:625-632). Citing his own (2005) work, Grunewald asserted: “It is

likely that some functional neurological symptoms are factitious or

malingered”; citing Sharpe (2004), he asserted: “Patients with

functional symptoms are much more likely than patients with ‘neurologically

explained’ disorders to attribute their problems to purely physical causes

rather than to emotional or social difficulties”; citing Simon Wessely (2002),

he asserted: “Functional symptoms are costly to the health service and to the

economy”.

Grunewald’s view about the estimated cost-effectiveness of his favoured

psychotherapy would have endeared him to NICE: “the described therapy is

inexpensive, especially because cost savings from withdrawal of inappropriate

medical treatment were not factored into the estimation of cost-effectiveness”.

Dr Hamilton is listed as a GP and researcher. However, he is a

long-standing collaborator with Professor White (Family Practice

2005:22:383-388; JRSM 2004:97:571-575) and is a leading proponent of CBT/GET

for “CFS/ME”, which he regards as psychogenic. He is Chief Medical Officer of

two medical insurance companies (Exeter Friendly Society and Liverpool

, which took over Permanent Health); LV in particular actively

discriminates against “CFS/ME” patients. As such, he was unfit to sit on the

GDG: the Guideline Development Manual requires that anyone with vested and

conflicting interests must declare those interests before being appointed to a

GDG, so it is anticipated that the Judge will enquire whether Dr Hamilton

failed to declare such interests, or whether he did so, but the chairman

(Professor Baker) failed in his duty by permitting Hamilton to sit on

the GDG.

Hamilton’s views about CFS are unequivocal: “The higher number of GP

consultations in patients who develop CFS can be explained by perceiving

symptoms more readily as illness. Cognitive behavioural therapy, which

addresses beliefs about symptoms and illness, in particular those that can

block recovery, is the only treatment shown to be helpful. We consider that

more emphasis should be given to this area, both for funding treatment and for

research on CFS” (British Journal of General Practice 2001:51 (468):553-558).

Hamilton’s conclusions were attacked by Professor JC Murdoch in the BJGP, to

which Hamilton took exception. He replied by asserting: “No abnormality has

been demonstrated with CFS. Extensive searches for immunological, infectious

or endocrine explanations have drawn a blank”, an astonishing assertion that is

readily disproved by a survey of the scientific and medical literature. More

troubling is Hamilton’s interpretation of his own study and his demand that CFS

researchers and clinicians examine their beliefs against his findings and see

how well they match (Co-Cure RES. NOT: 21st December 2001).

In an earlier paper, Hamilton stated that his information came from an

insurance company records. Contrary to the international evidence, his own

study found no specific viral or immunological explanation for CFS and he

concluded: “abnormal illness behaviour is of greater importance than previously

recognised” (JRCP Lond 1998:32:44-48).

It seems to be the case that Dr Hamilton was head-hunted to be a member of the

GDG under the chairmanship of Professor Baker specifically because of his

published views on CFS/ME. This is clear from the R & D (Research and

Development) annual reports by NHS organisations in England for 2006:

“Dr Hamilton’s CFS/ME work has generated publications that have been widely

read and his work generated the invitation to join the NICE guideline

development group for the treatment of CFS/ME which is due to report in 2007”

(http://www.nrr.nhs.uk/2006AnnualReports/Section2A-2E.asp?O=582 ).

Community Dietician Judith Harding was a member of the CNCC Collaborative 2004

– 2006, CFS/ME Service Investment Programme 2004 –2006, “Enabling People”:

Implementation of Clinical Service Developments for Multi-Disciplinary Chronic

Disease Management, Penninsula Medical School, CFS/ME Programme (Clinical Lead:

Professor Pinching; Programme Director: A Noons).

Dr Fred Nye, Clinical Champion of the Liverpool “CFS” Clinical Network

Co-ordinating Centre, achieved notoriety in 2005 when an advertisement for

“therapists” to work in his Centre caused justified offence. The advertisement

informed applicants patients with “CFS/ME” have perpetuating illness behaviour;

that they experience barriers to understanding; that there can be significant

barriers to accepting the changes needed in behaviour, which have to be

overcome in therapy in order to facilitate a successful outcome; that the

Fatigue Therapist will be required to modify patients’ predisposing personality

style and provide motivation to patients with CFS; that some clients may be

resistant to working in a psychological framework and that there may be verbal

aggression (Chronic Fatigue Treatment Service: Ref: 2570. Closing date: 31st

January 2005).

In 2001, Nye published his view in the BMJ (2001:322:387-390) that “CFS”

patients “develop a strong physical perception of the condition” and that

“Extensive research has failed to identify any serious underlying pathology”.

Such a statement is easily shown to be erroneous. Nye continued: “Reduction in

activity results in cardiovascular and muscular deconditioning, which

exacerbates symptoms. We have developed a treatment for CFS (that) involves

educating patients about the medical evidence of physical deconditioning”. The

article re-iterated the take-home message: “No serious underlying pathology has

been identified in patients with CFS. Cognitive behaviour therapy targeted at

changing illness beliefs and graded exercise helps some patients”. However, Nye

was compelled to concede that an intention to treat analysis showed that 32% of

patients still complained of fatigue one year later.

In a follow-up study published in the British Journal of Psychiatry in

2004:184:142-146, Nye had not changed his beliefs about CFS/ME. Despite his own

acknowledgement in 2001 that 32% of patients in the trial still complained of

fatigue at one year, the 2004 study stated that at one year, “treated patients

showed significantly greater improvement in measures of fatigue”. He was

obliged to record that “One patient who had received treatment died by suicide

in the follow-up period (but) it seems unlikely that this was an adverse

reaction to the treatment”. Nye also had to record that patients who withdrew

from treatment were not followed up. Nevertheless, his take-home message was:

“Providing patients with physiological explanations of symptoms of chronic

fatigue syndrome to encourage graded exercise produces long-term benefits in

outcome”.

Both papers used the Oxford criteria, so no conclusions can be drawn about

the efficacy of Nye’s interventions for people with ICD-10 ME/CFS.

Of relevance is the fact that Nye failed to make a full disclosure of

competing interests to the extent that the independence of the GDG’s

decision-making process was called into question: two of his research projects

were cited in the York Systematic Review and were approved of by himself as a

member of the GDG, so in effect Nye was supporting and voting for his own work.

Not declared either was the fact that two of Nye’s co-authors are currently in

receipt of a £824,129 MRC grant for “CFS/ME” research.

It is clear from his letter in the Journal of Infection (2007:55:6:569-571)

that Nye is actively hostile to patient opinion, and there are disturbing

reports of abrasive treatment of patients attending his CFS/ME clinic. For

someone who is a committed Anglican lay preacher (at St Faith’s, Great Crosby,

Liverpool, where his wife, Mrs Nye, is the parish Child Protection

Officer), this is especially disquieting.

Ms O’Donovan is a clinical psychologist at St Bartholomew’s Hospital.

In March 2005 she was appointed CNCC co-ordinator for the CFS/ME Centre based

at Barts, headed by Professor White; as Lead Clinical Psychologist, she

is heavily involved with the psychosocial model of “CFS/ME” and she promotes

the use of CBT/GET for “CFS/ME”. She has attempted to justify its use by

insisting that CBT is used in other “physical” conditions such as stroke,

diabetes, chronic pain and cancer

(IMEGA-e/message/24450 ). However,

Cancer Research UK has confirmed in writing that they are unable to accept that

this is the case. In the other conditions mentioned by Ms O’Donovan, CBT is

used as adjunctive support, not as the primary (and only) management

intervention as is the case in ME/CFS.

Dr Alastair Santhouse is a Consultant Liaison Psychiatrist who works with

Simon Wessely (the foremost proponent of the psycho-social model of “CFS/ME”)

at the Chronic Fatigue (sic) Research and Treatment Unit, Kings College

Hospital, London. His Head of Service is Professor Trudie Chalder. Santhouse

failed to declare that his employer (Trudie Chalder) is in receipt of part of a

£2 million MRC grant for the PACE trial that is investigating CBT/GET for

“CFS/ME”, nor did he declare that his employer’s research papers constituted

11% of the NICE “evidence-base” in alleged support of CBT/GET. His employer

would thus be a prime beneficiary of a NICE recommendation of CBT/GET for

“CFS/ME”. In 2004, Santhouse published “The 10 chronic fatigue syndrome

commandments” (Doctor, 26th February 2004) in which he stated: “CFS is the

accepted name among professionals but many patients still prefer the name ME.

Attribution of illness to a purely physical cause appears to

predict a poorer response to treatment. The best research evidence is for CBT

and/or a graded exercise programme”. In 2005, Wessely wrote a Foreword for

Santhouse (“Fatigue as a Window to the Brain”; Psychological Medicine

2005:337:a2331). It is noted that Santhouse sponsored Simon Wessely’s cycle

ride to Paris in 2007. It may also be noted that Santhouse is on record as

asserting: “Psychiatry is the noblest branch of medicine” and that he states of

himself: “At times I am carried away by the nobility of my calling” (BMJ

2008:337:a2331).

Dr Smedley is an Occupational Health Physician whose main interest is

in occupational risks to healthcare workers. Her publications include “A

survey of the delivery and uptake of influenza vaccine among healthcare

workers” (Occup Med 2002:52:271-276); “Respiratory illness in agricultural

workers” (Occup Med 2002:52:451-459); “Effectiveness of an influenza vaccine

programme for care home staff to prevent death, morbidity and health service

use among residents” (BMJ 2006:333:1241) and “Influenza immunisation: attitudes

and beliefs of UK healthcare workers” (Occup Environ Med 2007:64:223-227).

Wessely School psychiatrist Professor Sharpe is very active in the

world of Occupational Health and Insurance Medicine and his views permeate the

world of Occupational Medicine (i.e. that ME is a “pseudo-disease” that can be

“cured” by CBT and that ME sufferers who “refuse to accept the stigma of mental

illness remain the undeserving sick of our society

and health service”).

As the Guideline Development Manual stipulates that GDG members must be

disease-specific experts, it will be interesting to hear NICE’s explanation to

the Judge as to why Dr Smedley was deemed to have more clinical expertise in

the disorder in question than, for example, Dr Weir, Dr Kerr,

Dr Abhijit Chauduri, Professor Newton or Dr Shepherd.

However, Dr Smedley was involved with the production of the Department of

Health’s NHSPlus Report “Occupational Aspects of the Management of Chronic

Fatigue Syndrome: A National Guideline” published in October 2006, whose

Guideline Development Group included Professor Trudie Chalder and whose

“external assessors” were psychiatrists Professor Sharpe and Professor

White. This National Guideline was based on the behavioural model of

“CFS/ME” and made exaggerated claims for the effectiveness of CBT/GET in

returning people with “CFS/ME” to employment. This exaggerated claim was based

on six studies, three of which were co-authored by Trudie Chalder and one was

co-authored by White. The National Guideline was severely criticised to

the extent that 25 UK ME/CFS organisations signed a joint Statement condemning

it as unfit for purpose. Its conclusions were comprehensively discredited by an

authoritative American systematic review, which concluded:

“No specific interventions have been proved to be effective in restoring the

ability to work” (SD Ross et al. Arch Intern Med 2004:164).

Dr Vickers, Clinical Lead, children and young people with CFS/ME

service, was the second paediatrician on the GDG (the other being Dr Esther

Crawley). It is notable that both Drs Crawley and Vickers are known supporters

of the psycho-social model of “CFS/ME” and that the UK’s senior paediatrician

whose 25 years’ experience afforded him unique expertise in paediatric ME/CFS

and who was a member of the 1994 UK Task Force on ME/CFS but who does not

support the psycho-social model (Dr Nigel Speight) was not permitted to be on

the GDG. Dr Vickers holds the post of Registrar to the Royal College of

Paediatrics and Child Health (RCPCH). In his Application Manifesto for the post

of Registrar, Vickers wrote: “The most important role is supporting the

President and other Senior Officers”. The views of the RCPCH bear little

relationship to children and young people with ME/CFS. The College’s view of

ME/CFS is that it is a behavioural disorder. The RCPCH report, in

the production of which Dr Vickers was a Delphi participant (“Evidence-based

Guidelines for the Management of CFS/ME in Children and Young People”, published

in December 2004) emphasised behavioural interventions: “Children and young

people with CFS/ME should be considered for graded exercise or activity

programmes” and contributors referred to the “emotional dimensions of the

illness” and stated: “The overarching aim of CBT is to help patients modify

their behaviour for their own benefit”.

Gillian Walsh is a nurse who is the Network Co-ordinator for the Manchester

“CFS” Centre. She, as is Miss Bavinton, is involved with Human Givens Therapy

and whilst she was on the GDG was working towards a diploma from the Human

Givens Institute. She has a private Human Givens practice in Manchester, which

is described as her “helping career”. She uses the letters “ M.FETT” after her

name, which stand for the “Fellowship of Eclectic Talking Therapists”. This is

explained as being a “professional body for ethical counsellors and

hynotherapists who use techniques as best suits the client”. She is referred to

as “an experienced counsellor and psychotherapist” and helps patients to reach

their goals and aspirations. She is also a reflexologist (with a Diploma from

the Centre for Advanced Reflexology) and a hypnotherapist. Her employer at

the Manchester CNCC is liaison psychiatrist Dr Damien Longson, chairman

(replacing Professor Pinching) of the

CFS/ME Clinical Network Co-ordinating Centres Collaborative. He is also the

Lead for audit of these Centres, in collaboration with GDG members Dr Esther

Crawley and Dr Fred Nye, together with Professor White.

Carol is Lead Occupational Therapist for the Cornwall CFS/ME Service

and is CFS/ME Network Co-ordinator for South West Peninsula. The Lead

consultant of the Cornwall CFS/ME Service is Professor Pinching.

Dr Philip Wood has been a consultant immunologist at Leeds since January

2002. He failed to declare that he was a member (2004-2006) of the CFS/ME

Service Investment Programme (whose Clinical Lead was Professor

Pinching and whose Programme Director was n Noons). He also failed to

declare that he was a member (2004 – 2006) of the CNCC Collaborative. His main

interest is in adult and paediatric allergy, but he has an interest in “chronic

fatigue” (note: this is not the same as ME/CFS). He has published one study

on allergic disease in children (Eur J Pediatr 2005:164:741-747). He is a

clinician in the Leeds & West Yorkshire CFS/ME Service, whose 2008 booklet

“Goal Setting” says the following: “CFS/ME is a diagnosis that does not fit

under one specific medical speciality. Complex referrals may be seen initially

by a physician and liaison psychiatrist. Unfavourable prognosis is associated

with prolonged duration of symptoms (and) untreated

beliefs around the need for purely physical treatment. The Leeds & West

Yorkshire CFS/ME Service finds that if the practitioner can demonstrate why a

diagnosis has been made, then that patient will start to engage in taking some

responsibility in managing the effects of CFS/ME. The Leeds & West Yorkshire

CFS/ME Service has three components: 1) Medical assessment by Dr Philip Wood;

2) Biopsychosocial assessment and considerations of interventions in liaison

psychiatry led by Dr Hiroko Akagi and 3) Therapy Services, led by Sue

Pemberton, occupational therapist. We all need goals to move forward in our

lives. Without specific goals we can feel demotivated. This can have an impact

on how we feel about ourselves. Setting and working towards a goal releases

energy. How do you feel when you have no goals? The therapist within the team

will help you with goal setting”. The “Useful Books” list contains only books

by Wessely School members (Trudie Chalder’s

“Coping with Chronic Fatigue”, which has nothing to do with ME/CFS;

“Overcoming Chronic Fatigue” by Trudie Chalder & Burgess; and a book by

psychiatrist Sharpe, co-authored by ie Campling, a Wessely School

supporter). Bearing in mind that many ME/CFS sufferers are professional people,

such a superficial approach is an affront to their intelligence and cannot help

people deal with vertigo, cardiomyopathy, pancreatitis, dysautonomia, adrenal

insufficiency or vasculitis, all of which are well-documented key features of

ME/CFS.

None of these GDG “experts” had anything to offer people with ME/CFS, but

everything to offer the pre-determined agenda of the NICE Guideline CG53 to

recommend CBT/GET across the nation. None of them is a “disease-specific”

expert as required in the Manual, but no expert dissenting voices were

permitted to be GDG members. The result is the recommendation of inappropriate

behaviour-modifying interventions for people with a serious multi-system

disorder who are unable to benefit from the recommended interventions.

It is the case that the Wessely School were unsuccessful in obtaining their

intended outcome (i.e. that ME does not exist as a nosological disorder and

that CFS – onto which they patronisingly tagged ME to read CFS/ME – is a

somatoform disorder) in both the 1994 National Task Force Report and also in

the 2002 Chief Medical Officer’s Working Group Report on CFS. Indeed, it is

reported that White was jubilant when he believed he had been successful

in covertly removing from the latter Report the provision for children to

receive home tuition (after it had been agreed), and that he argued against the

need for the final meeting before the Report’s publication. However, it is

reported that the chair (Professor Hutchinson) was persuaded to permit

the final meeting (which White believed had been cancelled), at which the

provision for home tuition that White had removed was re-instated. It is

a matter of record that five Wessely School

members were so incensed that they did not get their own way that they “walked

out” and refused to sign up to the final Report. Those five members were

psychiatrists Professor White; Professor Elena Garralda and Dr

Cleare; Trudie Chalder (fatigue therapist), and Dr Alison Round (a community

physician and co-author with GDG member Dr Hamilton).

It seems irrefutable that, having been thwarted twice in the past, in the

production of the NICE Guideline on “CFS/ME”, the Wessely School were

ruthlessly determined to be successful to the extent that every single

professional member of the GDG was carefully selected and could be relied upon

to support the somatoform model of “CFS/ME” and the recommendation of CBT/GET.

NICE’s explanation for this unequivocal bias is eagerly awaited. That NICE

deliberately and intentionally excluded every single ME expert in the UK from

membership of the Guideline Development Group is a scandal that will hopefully

be exposed under the spotlight of a High Court Judicial Review.

There were many other failures of the GDG to adhere to the Manual which the

Judge may choose to address at the High Court Hearing, not least the GDG’s

failure to identify and define the disorder to which the Guideline purports to

relate.

Conclusion

No-one could have summed up the situation better than Hayley Klinger in a

letter to The Times Online on 11th December 2008: “Despite thousands of medical

research papers showing immunological, neurological, endocrine, cardiac and

gene expression involvement in ME, it is thought of as an illness of fatigue

and even called chronic fatigue syndrome by the media and some doctors”.

And as Patten so aptly wrote in a letter to The Sun on 12th December

2008: “American research has proved ME is caused by a viral and bacterial

infection. But over here, health guidelines drawn up by psychiatrists, only

allow psychological interventions for sufferers. It is an absolute scandal”.

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