Your essay above referred to is replete with false and defamatory statements maliciously designated to injure Dr. Nevyas and Nevyas Eye Associates. Initially you falsely state that Dr. Nevyas stated that your husband's vision would be "crystal clear" and further stated that Dr. Nevyas said "we'll take care of this big guy". Both of the statements are false.

Dr. Nevyas never made any such statements.

You further state that "Dr. Nevyas did not inform us that he was using [sic] laser that did not have the FDA approval."

This statement is false and defamatory because Dr. Nevyas did have FDA approval to use his laser under an investigational device exemption. You know this to be true and therefore falsifying the statement in your essay can only be malicious.

You further state that Dr. Nevyas wanted FDA approval for his laser or because "then he could market the device as he had done with his other inventions."

This statement is false and defamatory. Dr. Nevyas requested an investigational device exemption only for use in his own practice. He did not seek approval to commercially market his laser. Your husband was part of the study which was fully and completely explained to him in writing and nothing that Dr. Nevyas did treated your husband as a "guinea pig" which you falsely and maliciously assert. The study was fully approved by the FDA. In addition, Dr. Nevyas did not call either you or your husband to try to persuade either you or your husband to have the Lasik Surgery. Sending a van to pick up your husband for Surgery was a service provided by Dr. Nevyas for your husband's benefit. He was not required to use the services of  a van, nor was he at any time or in any way prevented from leaving Dr. Nevyas' office or the surgical center or notifying Dr. Nevyas that he had changed his mind about the surgery.

You falsely and maliciously state your husband's treatment was not reported to the FDA.

On the contrary your husband's treatment was reported to the FDA.

You falsely state that Dr. Nevyas "lied to my husband about' informed consent issues'...."

Your husband signed a detailed consent form and then passed a true and false test to make sure he understood what he was signing. You fail to report that the court completely rejected any claim that your husband did not receive informed consent.

You falsely and maliciously state that Dr. Nevyas treated more subjects than allowed under the study plan that was approved by the FDA. You falsely and maliciously state that Dr. Nevyas "ignored parameters of the study by treating nearsightedness beyond the permitted range and by treating astigmatism and both eyes of some patients."

All of Dr. Nevyas' treatment was reviewed by the FDA and the study was at no time halted. You falsely state that Dr. Nevyas failed to submit complete accurate and timely reports to the FDA about the on going study."

You falsely state that Dr. Nevyas "Misrepresented that he was using an FDA approved laser to treat patients when, in fact, the procedures were performed with an unapproved experimental laser."

Dr Nevyas received FDA approval to use a laser which he used on your husband and you know that as does your husband. The FDA approved the laser for use by Dr. Nevyas under an investigational device exemption.

You falsely state that Dr. Nevyas should have never have considered Keith as a candidate for LASIK..."

This statement is false and you know it to be false.

You have many other half-truths false statements and malicious innuendo in your essay. The truth is that the FDA approved Dr. Nevyas' study and that your husband went from being virtually blind without assistance of corrective lenses to being 20/20 without any correction at all.

Finally, you include in your 'Guest Book the statement that "Dr. Herbert Nevyas and Dr. Anita Nevyas accused of submitting fraudulent reports to the FDA" which is false and defamatory.

The statement implies that the FDA accused both Dr. Nevyas and Dr. Anita Nevyas of submitting fraudulent reports to the FDA" which is false and defamatory. The statement implies that the FDA accused both Dr. Herbert Nevyas and Dr. Anita Nevyas of submitting fraudulent reports to the FDA. You know this to be false.

You also state "Dr. Anita Nevyas Target of FDA Criminal Complaint". This is false, defamatory and maliciously published by you when you know this to be a falsehood. Dr. Anita Nevyas was never a target of an FDA criminal complaint, but in fact has an unblemished record with the FDA.

You must either remove all of these lies from your essay and "Guest Book" or remove the entire document. Your conduct is inexcusable. Your husband has his day in court you presented all of your evidence and the jury found against you as well as they should have. If you wish to avoid litigation remove this filth from the Web by July 5, 2006.

Very truly yours,
Leon W. Silverman