of Swanson's cancer was a valid exercise of its discretionary

authority under the group contract. Id. slip op. at 4–7. At the same time, the court also ruled that
AEtna co uld not succeed in its RICO counterclaim against Dr. Burzynski because AEtna was on

notice, by the knowledge of its "agents and/or employees," of the experimental nature of the

Burzynski treatment, and that therefore there could be no detrimental reliance on any purported false

representation made by Dr. Burzynski. Id. slip op. at 9–13.



        As part of its pretrial preparation for Burzynski I, AEtna hired defendant-appellee, Grace

Powers Monaco, as a consultant. Monaco is an attorney and self-described ombudsman specializing

in health law, health fraud, and patients' rights. She discloses that the death of a child in1970 brought

about her focus in this area of law. She is a founder of the Candlelighters Childhood Cancer

Foundation, which provides assistance, peer support, advocacy and information to parents of children

with cancer. More recently Monaco started a small business, Emprise, Inc., also a party in this

lawsuit. The purpose of Emprise, according to Monaco, is to develop patient and physician education

materials. With federal grant money, Emprise was commissioned to develop a database reviewing

unproven and untested cancer treatments.



        During the discovery in Burzynski I (and while Burzynski I was still under the supervision of

a federal district court in Illinois), AEtna, through the Hinshaw firm, sent out what Dr. Burzynski

describes as an "indiscriminate mass mailing" to "dozens and dozens" of other insurance companies.

Prior to the