January 24, 2006

Teresa Hayes-Quale
Schaefer-Smith-Ankeney
PO Box 10067
Phoenix, AZ 85016

RE: Spinal Decompression Advertising

Dear Teresa,

I am providing the following per your request for information regarding spinal decompression. As you may be aware spinal decompression machines have become very popular among chiropractors and other health care providers. Two of the most popular machines are:

• VAX-D
• DRX-9000

The doctor essentially purchases the machine as part of a package along with the rights to use the advertising/marketing program. The ads in question are canned and the doctor’s office and name are inserted prior to placement.

The most significant concern in regards to the claims being made would be:

“Spinal decompression has an 86% success rate for treating chronic, non-resolving back pain, sciatica, and herniated or bulging discs.”

The research they are quoting was not published in a peer reviewed scientific research journal but was published in a trade magazine for orthopedists called Orthopedic Technology Review http://www.orthopedictechreview.com/

Additionally, there was no control group in this study and it measured perceived pain on the part of the patient and did not use more objective measures such as a post MRI or electroneurodiagnostic studies. There was also no follow-up past 90 days and the authors themselves call for more advanced longitudinal studies.

The other concerns include one of the ads that make it appear that NASA did the study and the use of the word “miracle” in the ads – though it appears the use of the question mark after the word might be to offset any concept of a claim.

It is my understanding that the company that sells the equipment additionally recommends that the doctor offer a money back guarantee to patients after the trial if their problem is not resolved.

I have not personally seen any cases involving spinal decompression from a malpractice perspective nor from a state board or regulatory agency yet. I do believe it is only a matter of time however because of the aggressive advertising, the level of the research, and the impression of a guarantee of cure.

Since the patients these ads might attract more likely than not have disc problems, any untoward effects alleged have the potential to be complicated - i.e. claims of disc herniation/injury, need for surgery, disability etc.

At a minimum my recommendation would be that the ads include explicit information about the claim of 86% success rate, where it was published and what kind of study it was. Any additional research they are relying upon should also be listed. A statement that no claim of cure is being made might be helpful as well.

I hope this is helpful to you and please let me know if I can be of further assistance.

Regards,
Dr. Matthew McCoy