Update on Behalf of Jailed Dr. Mangino
Update on Behalf of William Mangino, M.D.; Alex DeLuca; Addiction, Pain and Public Health website; 2009-02-05.
Permalink: http://doctordeluca.com/wordpress/archive/mangino-update-feb09/
See also:
Mangino Sentencing: a Crimeless Conviction – C. Heberle, 2007
and,
Another Pain Doc on the Ropes – D. Borden, Drug War Chronicle, 2007
Note:
I received the text below in an email from Dr. William Mangino. I, and others, have written about this terrible travesty of justice. I know Dr. Mangino, and I have reviewed the charges against him and pertinent medical records and there is nothing in that record to suggest that he was anything other than an expert and honest physician, acting in good faith and well within the bounds of professional practice. (See: Mangino Verdict: Is Treating Pain a Crime?)
To his email to me, Dr. Mangino attached several PDF files – handwritten documents which together comprise what I am calling the Mangino Appellant Brief. I have made these five PDF documents available as:
Preliminary // Brief-0 // Brief-1 // Brief-2 // ReplyBrief
Dr. Mangino’s, February 2009, email to supporters:
“William Mangino M.D. has been unjustly prosecuted and convicted in Pennsylvania. His case is unusual. He is currently incarcerated at SCI-Cresson. These briefs were completed without access to a typewriter. His address is on the brief. You may email to this address and messages will be forwarded to him.
“He is the only anesthesiologist (pain specialist; others in the past have been general practitioners) to be prosecuted in this Commonwealth. The brunt of the evidence presented to jurors was based upon what the prosecutors characterize as faulty documentation. The Commonwealth never claimed that patients were over medicated or that dosages of opioids were too high. No patient testified that they had not been examined or that the doctor had knowingly prescribed opioids to patients who were not in pain. There was no evidence of undercover penetration of the activities of Dr. Mangino to indicate anything illegal. No one sold their prescriptions.
“The Commonwealth claims that the doctor made statements to agents that some patients did not need the medication and that the doctor conspired with other physicians in a get-rich-quick scheme. Jurors were incapable of sorting out complex medical testimony. Dr. Mangino insists that he did not do these things; that all patients were examined on each visit; that there was no conspiracy; that all patients had a proven need for pain medications; and that he never gave any statement that patients didnt need medications.
“For the legal community the issues are complex and some involve first impression arguments, which involve U.S.C.A. 5 and 14. Essentially, in Pennsylvania and nationwide, if this conviction is allowed to stand on the grounds presented by prosecution, then any single opioid prescription can be deemed illegal.
“While Dr. Mangino is proceeding pro se he would appreciate any technical assistance from the legal community. He cannot afford representation.
“In addition, Dr. Mangino would appreciate any amicus curie briefings from the medical and pain groups who in the past have paid much attention to the issue of deprivation of pain treatment to patients who have no other option but to receive opioids based on the refractoriness of their pain. Such was the case in this instant prosecution.“
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I looked through the documents and I can only say WOW!! What a response! I too have had my career ruined by the competition. At least I am not imprisoned! Interestingly enough, it was anesthesiologist’ reports they used and not the family practitioner’s evaluation! So much for fair competition and “peer” review. Out of work for more than three years, I no longer see myself as returning to the work force. That, after so many years of education. I guess my parents missed that one. So much for getting the education they were never privileged to! They lived on the wrong side of the tracks! Ironically, I suffer from chronic pain every day! Sometimes it is almost unbearable, both physically and emotionally! It’s almost as bad as watching my mother suffer, because of inadequate pain care! Chronic pain runs in families, you know!