In May 2008, after an extensive investigation, the Attorney General announced a settlement of the antitrust investigation into the IDSA guidelines development process. The settlement requires that the IDSA put together a new panel free from conflicts of interest, permit the introduction of evidence opposing its viewpoints, and hold a public hearing (aired live on the Internet) on controversial recommendations of the guidelines panel.

In May 2008, after an extensive investigation, the Attorney General announced a settlement of the antitrust investigation into the IDSA guidelines development process.  The settlement requires that the IDSA put together a new panel free from conflicts of interest, permit the introduction of evidence opposing its viewpoints, and hold a public hearing (aired live on the Internet) on controversial recommendations of the guidelines panel. 

The Attorney General found that:

• Dr. Wormser, the panel chair was selected inappropriately, and “held a bias regarding the existence of chronic Lyme” and “handpick[ed] a likeminded panel without scrutiny by or formal approval of the IDSA’s oversight committee”
• The IDSA panel members had financial interests – “in drug companies, Lyme disease diagnostic tests, patents and consulting arrangements with insurance companies” The IDSA failed to conduct a conflicts of interest review for any of the panelists, several of whom had conflicts of interests.
• The IDSA’s 2000 and 2006 Lyme disease panels refused to accept or meaningfully consider information regarding the existence of chronic Lyme disease
• The IDSA blocked appointment of scientists and physicians with divergent views on chronic Lyme who sought to serve on the 2006 guidelines panel by informing them that the panel was fully staffed, even though it was later expanded
• The IDSA portrayed the American Association of Neurology copycat guidelines as corroborating its own when it knew that the two panels shared several authors, including the chairmen of both groups, and were working on guidelines at the same time.

The settlement requires IDSA to reconvene a new Lyme treatment guidelines panel made up of conflict-free panelists under the auspices of an ethicist, to hold a public hearing, and to review all recommendations of the guidelines. Panelists from the original guidelines panel are precluded from sitting on this new panel.  All panelists will be screened for potential conflicts of interest by Dr. Howard Brody, a medical ethicist specializing in such conflicts.