Controversial Doctor Finds Converts In Spokane Area Jury In Federal Fraud Case Deadlocks 6-6 Over Burzynski’s Costly Treatments For Cancer

Former Spokane radiologist Ben Saling figured his brain tumor would likely kill him before his kids grew up.

But eight months after his bleak self-diagnosis, Saling’s tumor is in full remission. He’s healthy. He just saw his oldest son’s first soccer practice.

And he’s become an advocate for Dr. Stanislaw Burzynski, the controversial Houston oncologist who treated his tumor.

“It works,” said Saling, 33. “No one can dissuade me of that.”

Saling and scores of Burzynski’s patients rejoiced Monday when a federal judge declared a mistrial on 75 fraud charges against Burzynski.

The federal indictment filed in Burzynski’s hometown of Houston accused him of charging desperate patients thousands of dollars for an unproven cancer treatment derived from human urine.

Jurors remained locked 6-6 for seven days before U.S. District Judge Sim Lake declared the mistrial.

Prosecutors say they will retry Burzynski. His treatment has not been approved by the U.S. Food and Drug Administration, although clinical trials are ongoing.

Many of Burzynski’s patients from the last 20 years attended the trial, offering testimonials that his treatment is their last, and best, hope.

Jessica Kerfoot was diagnosed with aggressive melanoma as a toddler. Her father, Spokane native Joseph Kerfoot, took his daughter to Burzynski.

Now 16, Jessica is an honor student and flutist. Joseph Kerfoot testified at Burzynski’s trial, saying the oncologist saved his daughter’s life.

“She’s one of his success stories,” said Lucille Kerfoot, Jessica’s grandmother and a north Spokane resident. “We’ve been fighting for (Burzynski) for a long time.”

Saling has played a key role in the Burzynski clinic since becoming his staff radiologist last summer.

Saling was diagnosed during his final year of radiology residency at Sacred Heart Medical Center.

His tumor did not respond to conventional chemotherapy, and he learned a year ago that his options were radical surgery or more debilitating chemical treatments.

Saling heard of Burzynski through news reports and began the treatment last April. The treatment relies on a compound of proteins called antineoplastons, which he claims stop reproduction of cancer cells.

Last June, Saling, his wife Tami and their two boys, moved to Houston, to be near Burzynski’s clinic. Saling began working for Burzynski, partially in exchange for his treatments.

He examines about 10 charts a day, measuring patients’ tumor growth or reduction. Initially skeptical, he now endorses Burzynski’s treatments for some kinds of cancer.

“I see it happen to too many people,” said Saling, 33. “It’s no voodoo or chance when it happens this many times.”

Saling’s own most recent brain scan shows no growth, said Sacred Heart radiologist Hal Holte, who examined Saling’s charts. The tumor has not grown since Saling began Burzynski’s treatment.

“It looked impressively better,” said Holte. “It makes you curious what causes it. It certainly could be (Burzynski’s) treatment.”

In spite of the testimonials, Burzynski remains controversial. Critics still accuse Burzynski of quackery and being a profiteer who preys on the terminally ill. He’s listed on at least one medical watchdog association’s “quack watch.”

Saling understands skepticism from the medical community. Treatments leave him feeling mentally fuzzy at times. And the tumor could grow again as unexpectedly as it faded, he admits.

“With the therapy, I think it’s going to go well,” said Saling. “It’s still a mystery how long, but for now everything’s great.”

, DataTimes ILLUSTRATION: Photo

The following fields overflowed: BYLINE = Jonathan Martin Staff writer The Associated Press contributed to this report.