Archive for: February 2006

[Dr. Rottschaefer's] Drug Verdict Fought (full text) Jason Cato; Pittsburgh Tribune-Review; 2006-02-28 “‘The same rule and statute that the attorney general was interpreting wrong in Oregon is the same rule and standard that is being interpreted wrong in Pennsylvania,’ said [defense attorney] Stutsman, who filed documents last week informing the 3rd U.S. Circuit Court of Appeals in Philadelphia that he plans to use the Oregon ruling in arguing Rottschaefer’s case.” See also: The Outrageous Case of Dr. Rottschaefer – Radley Balko; The Agitator; 2005. Sex, Lies, and OxyContin – John Tierney, NYTimes; 2006. Major Media on the War on Doctors – Pain …

U.S.A. v. Dr. Ronald McIver – Brief Reply of the Appellant (PDF) John P. Flannery, II; U.S. Court of Appeals for the Fourth Circuit; Record Number 05-4884; Filed: 2006-02-24. See also: Addendum: The Sad History of Mr. Shealy – with an Introduction by Siobhan Reynolds: “… Shealy is a man Dr. McIver was accused by the govt of killing. When you look at his record you can plainly see that the govt created a world, through its enforcement strategy, where Shealy was driven to suicide by the doctors’ unwillingness to titrate his meds [because] he was roundly disapproved of for not …

Jurors: Knox Was Not at Fault (full text) Lindsey Nair; The Roanoke Times; 2006-02-24. Posted: 2006-02-24. Excerpt: “Because Tisdale was on the same dosage of methadone for more than a year, [Duke pharmacist] Latta said, he should not have suddenly died of methadone poisoning without an unauthorized increase in the drug.” Comment (DeLuca): The entire years-long federal prosecution of Knox/Boone is a tragic shambles. Prosecutor Brownlee’s 300 felony charges evaporated to a wisp, and nothing positive was accomplished. What a waste. See also: Boone Brief Responds to Government Motion to Dismiss Her Civil Action Based on Wrongful Prosecution (PDF) – 2006-02-10. Dr. Frank Fisher Comments …

Research on Ultra-rapid (anesthesia-assisted) vs. Rapid (buprenorphine or clonidine assisted) Detox for Heroin (full text) Eric D. Collins, Herbert D. Kleber, Robert A. Whittington, Nicole E. Heitler, JAMA, 294:903-913, 2005. “[Withdrawal] severities were comparable… [no differences] in rates of completion [or] retention [or urine tox]… The anesthesia procedure was associated with 3 potentially life-threatening adverse events. Conclusion: These data do not support the use of general anesthesia for heroin detoxification and rapid opioid antagonist induction.” See also: What is Ultra-Rapid Opiate detox (UROD) and how is it different from Rapid Opiate detox (ROD)? – Alexander DeLuca, Addiction-related FAQ #18, 2001. Heroin Detoxification …

Evidence for Controlled Heroin Use? (full text) Shewan and Dalgarno, British J. Health Psychology, 2005. Posted: 2006-02-17. Comment (DeLuca): In this study, subjects had occupational and educational status comparable to that of general UK pop. Ongoing problems were rare; heroin was not a significant predictor. Use frequency data suggests importance psych factors. The pharmacological properties of opioids, per se, do not inevitably lead to harmful use patterns. See also: Occasional and Controlled Heroin Use – Not a Problem? – Warburton et al., report from The Rowntree Foundation, 2005. Some Eminent Narcotics Addicts, and: The Heroin Overdose Mystery – Edward Brecher; Chapters 5 …

Dr. Mikuriya’s Appeal: a Last Minute Twist (full text) Fred Gardner; Counterpunch,; 2006-02-11. “There has been a division of prosecutorial labor, with the state going after the docs and the feds going after the growers and providers. They all claim to be supportive of ‘individual patients’ while trying to destroy the networks patients need.” See also: Taking a Leaf from ‘Pot Docs’ – subtitled: ‘A Tiny Cadre of California Physicians has been Recommending Medical Marijuana at Their Professional Peril’ by Eric Bailey, Los Angeles Times, 2004. This article reviews the medical marijuana movement and puts Dr. Mikuriya’s case into a …

Richard Paey’s Defense Attorney, John Flannery, Addresses the Court (Transcript excerpt) Florida Appeals Court; 2006-02-07. Fragment: “The government spent months trying to find evidence that he had ‘trafficked’. But they found none. Because there is none. Nevertheless, Richard stands convicted of ‘trafficking in illegal drugs’. I’m a former narcotics prosecutor from New York, and we never prosecuted a ‘trafficking’ case where there wasn’t ‘trafficking’.” See also: Sick – A Florida Paraplegic Needs Relief – Radley Balko, National Review, 2005-10-24. ‘The Chilling Effect’ / PRN Promotional Flyer (PDF) AND, a permanently correct link for: The Chilling Effect – Pain Patients and …

Boone Brief Responds to Government Motion to Dismiss Her Civil Action Based on Wrongful Prosecution (PDF) Boone v. U.S.; Civil Action No. 7:06CV00006; 2006-02-10. Comment (DeLuca): Boone presents cogent, well written arguments in response to prosecution attempts to dodge her charges of wrongful prosecution under the Hyde Amendment. See also: Boone Wants Legal Fees Paid by Govt – Nair, 2006 U.S. Attorney (Brownlee), Heal Thyself – DeLuca, 2006 First Do No Harm – Brownlee, 2006 Dr. Knox and Beverly Boone, Racketeers? archives [END]

LTE in Response to “Prescription for Pain” – Balko, Boston Globe, 2006-01-13. “The medical literature overwhelmingly shows that so-called accidental addiction is rare… Obviously, one wouldn’t expect a district attorney to be up on all the medical literature. But the fact that we don’t expect such knowledge from our law-enforcement officials is a pretty convincing argument against letting police and prosecutors determine what is and isn’t acceptable medical treatment.” See also: The Chilling Effect – a documentary film by Reynolds and Hendler, Pain Relief Network, Released: 2006. Prescription for Pain (for Richard Paey) – Boston Globe Editorial, 2006-02-05. [END]

Convictions Stay for [Myrtle Beach] Pain Clinic (full text) Paul Nelson; The Sun News; 2005-12-02. Excerpt: “[The U.S. 4th Circuit Court of Appeals] has upheld the convictions of [Drs. Alerre, Bordeaux, and Jackson] for their role in a drug fraud scheme carried out at [the now closed Comprehensive Care and Pain Management Center]. However, [the Court] ruled that the punishment… was unfair and remanded it… for re-sentencing.” See also: Dr. Bordeaux Comments on the Convictions: Dirty Deals, Perjury and a Confused Jury – The Pain and Chemical Dependency listServ, NFTP; 2005-12-13. WAR ON PAIN SUFFERERS #6 – The Myrtle Beach Massacre archives [END]

Dr. Fisher Comments on the Paey Appeal Argued by Mr. Flannery, and on PRN’s Role in the Case (full text) – Frank Fisher, M.D.; NFTP listServ, 2006-02-07.

Excerpt:
“Mr. John Flannery argued (Richard Paey’s) case brilliantly, engaging the entire panel of judges in a passionately argued cruel and unusual argument, supplemented by an astonishing record of misconduct by a rogue prosecutor.”

See also this beautiful and moving film:

The Chilling Effect by Reynolds and Hendler (link to video from the Pain Relief Network homepage)

Comment (DeLuca):
If you want to understand the experience of being a pain patient, or a family …

Pain Relief Network’s Cliical Litigation Project Description / Litigation Project Case List – Siobhan Reynolds, President, PRN, 2006-2007.

“PRN was founded in order to identify and remove the actual barriers to available pain care in the United States… The Clinical Litigation has evolved into a broader project to challenge the Controlled Substances Act on Constitutional grounds. [Medicine] has been severely wounded by the role physicians have been forced to play… and the only way to restore… the doctor/patient relationship is to remove law enforcement from it entirely.”

See also:
Constitutional Claim on Behalf of Americans In Pain – PRN Seeks …

Contents of the Defunct ‘Hurwitz Collection’ RSS Feed — The Hurwitz Collection RSS feed was short lived, and has been supplanted and encompassed by the new: “War on Doctors and Pain Crisis Weekly Update” RSS feed, which you are currently reading.

The entire contents of the Hurwitz Collection RSS feed are available in HTML format at the Title URL above. See also:

The Dr. William Hurwitz Collection archives

War on Pain Sufferers archive series Table of Contents

Prescription for Pain (full text) – Editorial, Boston Globe, 2006-02-05. Posted: 2006-02-06.

“‘PAIN-KILLER’ is one of medicine’s overblown promises. The pain is often eased and delayed, not killed. In chronic cases, it always comes back. The last thing that patients and doctors should be worrying about as they use these imperfect medications is an arrest for substance abuse by overzealous police.”

See also:
Weighing the Difference between Treating Pain and Dealing Drugs – Tina Rosenberg, Editorial Observer, New York Times, 2005-03-26

Information about Richard Paey from the Pain Relief Network

Major Media on the War on Doctors and the Pain …

An Evaluation of Fitness-for-Duty Testing (full text) – Debra R. Comer; 103rd Annual Convention of the American Psychological Association, NY; 1995-08-15.

Comment (DeLuca):
Excellent, important, review of fitness-for-duty testing of employees – a field not rich in well-designed, clear-cut research. Document greatly revised: 2006-02-06, including the addition of an interactive Table of Contents.

See also:
A Critical Assessment of Workplace Drug Testing – Alexander DeLuca, M.D., 2002.

[END]