Bioelectronic Medicine Is Both Promising and Ripe for Fraud

An older woman looking at her laptop in her living room looks distressed. — (Image credit: Getty Images)

“Mr. Beaver, I am the victim of a vagus nerve stimulation (VNS) scam.”

Vagus nerve scam?

Most of us know about vagus nerves from high school biology — that they are the longest in our bodies, but not much more.

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However, for the past few years, vagus nerves have been the subject of a great deal of investigation in bioelectronic medicine for their ability to reverse inflammation, which is a major factor in a number of life-altering diseases — and, as my caller discovered, fraud.

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“While the existence of the vagus nerve has been known for centuries, its potential to treat a variety of serious health conditions has only been seriously studied the past few years by the medical profession,” neurosurgeon Dr. Kevin J. Tracey writes in the just-published, compelling read, The Great Nerve: The New Science of the Vagus Nerve and How to Harness Its Healing Reflexes.

During our interview, Tracey said, “Vagus nerve stimulation (VNS) involves delivering electrical impulses to the vagus nerves to regulate various bodily functions and potentially improve conditions like epilepsy and depression. It can be achieved through medical devices like implanted stimulators the size of a jelly bean.

“Part of my motivation in writing The Great Nerve was to warn the public about the many false claims that are being made about bioelectronic medicine and, specifically, devices that claim to influence functioning of the vagus nerves but in reality do nothing at all except separate you from your money.”

My caller “Sharon” was one example.

Wanted to help her employees

She owns a demolition company “that tears down small buildings, which requires employees to do a fair amount of heavy lifting, and they often complain of back and muscle aches requiring them to take some time off and swallow (over-the-counter pain relievers) as if they were candy to reduce swelling and inflammation.

“A few months ago, I saw an internet advertisement for a vagus nerve stimulator that stated, ‘Is ideal for people who work in construction and often experience muscle aches and pain resulting from inflammation.’ I ordered four of the $500 devices — which had a 100% money-back guarantee — put the purchase on my bank’s credit card and gave them to our employees.

“These things look like earphones, only you attach them to your neck, flip a switch, they start to buzz, and your pain is supposed to vanish. But what vanished was my money!

“My employees all tried the device, and we emailed the company to complain that the devices did not work. They wrote back suggesting that we were not placing them correctly, to try them for at least a few months, and then they would refund us if we asked.

“It has been six months. The devices do not work, and the company refuses to issue a refund. My credit card company says that we are too late to contest the charge. Is there anything I can do?”

These scammers know what they are doing

Each credit card issuer has its own time limit to contest a charge. U.S. law sets a minimum time limit of 60 days. Most banks give cardholders 120 days to dispute a charge.

However, if a customer can establish actual fraud by the seller, this usually opens up the time frame in which to challenge the charge.

With Sharon on the phone, I researched the seller and found a pattern of similar complaints about the device not working and the seller’s refusal to agree to a refund after dragging out the matter for months and then claiming the customer had waited too long.

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With that information, I got a supervisor on the line at Sharon’s credit card company, and he agreed to accept her claim.

Had she looked at the seller’s online reputation, it is clear she never would have ordered the device.

We will be hearing a lot more about vagus nerves

I do not recommend that you begin reading The Great Nerve too late in the evening — you could stay up for hours past your bedtime. It is that interesting and reads like a historical novel, only this is real science. Tracey writes in the style of another gifted physician/author we also read in high school English — William Carlos Williams.

He takes us on trips around the world where tiny devices are surgically implanted in patients to treat patients’ rheumatoid arthritis, inflammatory bowel disease, lupus, multiple sclerosis, diabetes, obesity, stroke, depression, Alzheimer’s and Parkinson’s disease, in addition to other inflammatory-based conditions.

Tracey’s research into vagus nerve stimulation, along with his colleagues’ has led to treatments for the most difficult medical conditions, such as stroke, drug-resistant epilepsy, PTSD and depression. And there is evidence that long COVID may be helped by VNS.

Today, at major hospitals and medical centers, VNS is used routinely to give patients, in many instances, a second chance at living lives that are close to what they knew before falling ill or suffering a stroke. And just think of the applications for work-related, painful injuries.

As Tracey makes clear in The Great Nerve, VNS places medicine at the threshold of what was science fiction. His book is testimony to what dedicated physicians bring to humanity.

If you are interested in trying VNS, to avoid being scammed, consult with your doctor for a referral to a recognized medical facility that uses these procedures.

Given that VNS is fairly new, I personally would be leery of anything offered online unless it’s prescribed or recommended by a physician.

Dennis Beaver practices law in Bakersfield, Calif., and welcomes comments and questions from readers, which may be faxed to (661) 323-7993, or e-mailed to Lagombeaver1@gmail.com. And be sure to visit dennisbeaver.com.

Disclaimer

This article was written by and presents the views of our contributing adviser, not the Kiplinger editorial staff. You can check adviser records with the SEC or with FINRA.

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After attending Loyola University School of Law, H. Dennis Beaver joined California's Kern County District Attorney's Office, where he established a Consumer Fraud section. He is in the general practice of law and writes a syndicated newspaper column, You and the Law. Through his column, he offers readers in need of down-to-earth advice his help free of charge. "I know it sounds corny, but I just love to be able to use my education and experience to help, simply to help. When a reader contacts me, it is a gift."