Closing Argument (4)

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His lectures also contradicted his "stand alone" personal opinion that if aloe vera stimulated the immune system, it would do so like a "rifle shot", that is, very narrowly. (See for example, D315 at 15-16). His "bell shaped" curve analogy to describe the dose-response to aloe vera by the immune system is contrary to every published work on the topic, including experts he conceded were authoritative, as well as the testimony of Drs. Heggers and Pearce. There can be no question that aloe vera produces a dose-related straight line response. The higher the concentration and dose, the greater the immune response. Moreover, a reading of Dr. Winters' lectures indicates that he strongly believes that aloe vera not only is a strong stimulator of the immune system, but that it also is capable of acting in a modulating capacity to control overactive cellular activity, which would be beneficial in auto-immune illnesses. (D315 at 15).

Dr. Winters' testimony on this subject is directly contrary to the testimony of Dr. Humphrey that there is no one substance that can address both an overactive and underactive immune system. (Humphrey, Tr. at 856). As discussed below, Drs. Humphrey and Gallant's testimony concerning what aloe vera or T-Up can or cannot do should be disregarded in its entirety.

The personal experience and knowledge of Deoul's expert witnesses' concerning aloe vera and T-Up starkly contrasts the complete lack of knowledge of aloe vera and T-Up conceded by the State's experts Drs. Gallant and Humphrey (as well as Dr. Winters, who disclaimed any expertise on how aloe vera effects humans). As highly qualified as Drs. Gallant and Humphrey may be in their respective fields, both admitted that they had never used aloe vera or T-Up in their medical practices and knew nothing about aloe vera. They neither studied nor researched aloe vera either prior or subsequent to their engagement by the State and had no idea of its active ingredients or medicinal effects.

The State's experts based their opinions that T-Up was not an effective treatment for HIV, AIDS and cancer exclusively on their review of the journal articles contained within State Exhibit 56. Because State Exhibit 56 did not contain FDA Phase I-III studies, they concluded that the Respondents' efficacy claims were false. That was the only basis for their opinions. Nevertheless, both doctors were quick to interpret aloe vera research papers despite the fact that they knew nothing about aloe vera.

An example of this irresponsible attitude is demonstrated by Dr. Humphrey's testimony concerning State Exhibit 56r, a toxicity study of aloe vera gel with prednisolone and cancer cells called HeLa cells. Dr. Humphrey opined at Tr. 840-842 that because the HeLa cells proliferated when exposed to acemannan in a petri dish, that aloe vera was a favorable growth substance for cancer cells. This bizarre and hopelessly erroneous testimony proves the inappropriateness of Drs. Humphrey and Gallant's interpretation of research papers on a complex natural substance about which they know nothing. Aloe vera does not kill cancer cells in isolation. It requires normal cells to act upon (which were non-existent in the petri dish in State Exhibit 56r).

When addressing cancer or other illnesses, aloe vera is an immune stimulator. It stimulates the macrophage which sets in motion the cascade of events described by Dr. Heggers when he was using the poster chart in the courtroom, copied from State Exhibit 56f, Figure I. Aloe vera stimulates the macrophages which produces cytokines, which results in the production of interleukin, interferon and tumor necrosis factor, which in combination, kill cancer cells. In 1989, Dr. Winters proved that:
"[aloe vera was] found to markedly promote attachment and growth of human normal, but not tumor cells and to enhance healing of wounded cell monolayers... ."

(S56ww, Abstract). Tumor cells will always continue to proliferate unless attacked by cytotoxic components such as interleukin, interferon and tumor necrosis factor which result from the stimulation of the immune system. It also is noteworthy that Dr. Humphrey failed to appreciate in this 1969 paper (S56r) that aloe gel was the aloe product being tested. Aloe gel's composition lacks the beneficial content of acemannan, the whole leaf aloe vera and T-Up. (Hennessee, Tr. at 1767).

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