In 1910, the American Medical Association commissioned Abraham Flexner to evaluate medical education in the United States. The resulting “Flexner Report” favored pharmaceutical, surgery-based, and other allopathic medical practices over chiropractic, herbalism, and other less mainstream therapies of the day. The report began a period of widespread rejection of holistic health education in the United States. The AMA’s efforts were ultimately halted, however, due to the organization’s rich trail of records critical of non-allopathic care.
The Plan: Formation of the Committee on Quackery
The AMA was concerned about the rise of chiropractic care and both the cultural and financial competition it posed towards more traditional practices. By marginalizing chiropractic care, the AMA aimed to safeguard its financial interests in allopathic medicine and preserve its dominance. These goals established the 1962 Committee on Quackery to “contain and eliminate”[1] the chiropractic profession. The committee’s strategy included discrediting chiropractors’ education, disseminating falsehoods about the profession’s beliefs, and ultimately lobbying against their inclusion in legitimate national health initiatives, propagandizing them as “unscientific cultists.”
The Paper Trail: How Records Revealed the AMA’s Campaign Against Chiropractic
To discredit non-allopathic treatment, the AMA heavily relied on creating and distributing various documents, which allegedly spelled out pacts with the pharmaceutical industry, deals with Congressional leaders, and secret covenants with the Nixon White House.[2] Internal memoranda outlined strategies to marginalize chiropractors and editorials published in medical journals labeled chiropractic medicine as “quackery.” The AMA shared its anti-chiropractic narratives at medical conferences and warned its attendees that fraternizing with chiropractors, professionally or personally, could cause de-licensure.
The AMA also collaborated with columnist Ann Landers, clandestinely sponsored publications such as At Your Own Risk: The Case Against Chiropractic and leveraged pre-publication editorial privileges to shape articles in national outlets like Reader’s Digest and Consumers Report. The AMA further coordinated with state-level medical societies to distribute these materials and amplify their message to healthcare providers and communities nationwide. These documents later became key evidence against the AMA in court.
The Sore Throat Documents: An Unlikely Alliance
In the 1970s, the Church of Scientology infiltrated the AMA’s headquarters during a feud with the organization. While the Scientologist’s moles were focused on discrediting the AMA, they stumbled upon significant evidence of the AMA’s campaign against chiropractors. This evidence, later dubbed the “Sore Throat”[3] documents (a nod to the Watergate informant “Deep Throat”), detailed the AMA’s efforts to contain and eliminate chiropractic care.
“Sore Throat” anonymously distributed these documents to multiple chiropractic organizations, encouraging them to use the material to challenge the AMA publicly. This resulted in a 1976 lawsuit by Chester Wilk and several other chiropractors against the AMA, as well as several national healthcare associations and physicians, alleging violations of the Sherman Antitrust Act.
The Roadmap to Discovery: Unearthing 26 Boxes of Evidence
George McAndrews, a successful patent attorney with deep connections to the chiropractic profession, led the chiropractors’ case. McAndrew’s firm, however, had affiliations with prominent medical doctors, prompting his partners to withhold bonuses and secretarial support in protest. This pressure eventually pushed McAndrew to exit the firm with only a small, overwhelmed team of four lawyers and one paralegal to continue the litigation.[4]
During the discovery process, the court ordered the AMA to preserve documents, but AMA staff claimed a janitor had destroyed key records. Undeterred, McAndrews traveled to 42 states to gather evidence from state medical associations, sleeping in his car and eating peanut butter and jelly sandwiches to save money on the road.[5] McAndrew’s thriftiness paid off, as he located 26 boxes of records. McAndrews later referred to the state medical associations as “historians with a death wish” because they “wrote everything down and never threw anything away.”[6]
The AMA’s Reckoning in JAMA: 101 Pages of Accountability
In a 1981 trial, a jury ruled against the chiropractors and favor of the AMA. This verdict, however, was later overturned on appeal due to the admission of irrelevant and prejudicial evidence, as well as improper jury instructions.
In 1987, Wilk and company prevailed in a second trial, this time decided by a judge. In its ruling, the court found the AMA had engaged in a “systematic, long-term wrongdoing” against the chiropractic profession, and had committed other “acts of lawlessness” to end the profession.[7] To ensure the wider medical community was made aware of the AMA’s conduct, the AMA was required to share the court’s 101-page ruling in its own medical publication, the Journal of the American Medical Association (JAMA). This publication has been credited with helping reshape professional relationships within healthcare, highlighting the importance of accountability and fairness in healthcare competition and ensuring patients had greater autonomy to choose their own care options.
Records That Matter: Protecting Your Business and Reputation
In any business, effective record-keeping is essential for maintaining operational integrity and ensuring regulatory compliance. Properly managed records streamline decision-making and serve as critical evidence of an organization’s operations.
But the Wilk case is a stark reminder that records can be both an asset and a liability. They provide critical evidence of an organization’s activities, but when retained beyond their legal or business purpose, they can become a risk. Organizations must strike a balance—preserving records for compliance and operational needs while defensibly disposing of those that no longer serve a purpose. A disciplined records management program ensures accountability, reduces legal exposure, and prevents ROT from becoming a costly mistake. As the Wilks matter demonstrates, a well-executed records management program can help your organization from also becoming a “historian with a death wish.”
[1] “Wilk v. American Medical Ass’n, 671 F. Supp. 1465 (N.D. Ill. 1987).” Justia Law, 25 Sept. 1987
[2] Jonathan Turner. “Chiropractic, Physicians, Scientology All Clash in New True Legal Thriller | Quad Cities.”
[3] Wolinsky, Howard. “‘Sore Throat,’ the Church of Scientology and the 1970s Plot against the American Medical Association.”
[4] Dudek , Mitch. “George McAndrews Waged Legal War on Behalf of Chiropractors.” Suntimes.com, 18 Apr. 2023
[5] Dudek , Mitch. “George McAndrews Waged Legal War on Behalf of Chiropractors.” Suntimes.com, 18 Apr. 2023
[6] Haldeman, Scott, et al. “The McAndrews Leadership Lecture” Journal of Chiropractic Humanities, vol. 22, no. 1, Dec. 2015, pp. 30–46
[7] “Wilk v. American Medical Ass’n, 671 F. Supp. 1465 (N.D. Ill. 1987).” Justia Law, 25 Sept. 1987
Disclaimer: The purpose of this post is to provide general education on information governance topics. The statements are informational only and do not constitute legal advice. If you have specific questions regarding the application of the law to your business activities, you should seek the advice of your legal counsel.