Pain Relief Network Sues State of WA
Pain Treatment Advocacy Group Sues State of WA; Donna Gordon Blankinship; Associated Press, seattlepi.com; 2008-06-25. Source.
Permalink: http://doctordeluca.com/wordpress/archive/prnsueswa/
See also:
PRN Files State Tort Claim vs. WA State; L. Cooper
Summary of the Complaint, submitted to the Defendents: 2008/07/08.
Complaint for Declaratory and Injunctive Relief, Damages
a class action lawsuit by Laura Cooper (lead attorney) et al., Filed: 2008-06-24
Exhibit 1: The WA state Opioid Dosing “Guidelines”
by Agency Medical Directors Group (AMDG); Mar. 2007; Filed 2008-06-24
Exhibit 2: Findings of Fact
Laura Cooper, Esq.; Filed 2008-06-24
The nonprofit Pain Relief Network says the guidelines for prescribing narcotics, written by the Washington state Department of Health and published in March 2007, have influenced pain treatment across the country and have made doctors afraid to give opiate prescriptions.
Siobhan Reynolds, president of the Pain Relief Network, says the group decided to target Washington because the state has been a leader both in pain treatment and in restricting doctors’ prescriptions of pain relief medication.
The guidelines, which apply only to treatment of chronic pain, not acute pain, cancer pain or hospice care, recommend a total daily dose of opioids should not exceed 120 milligrams of morphine or its equivalent if both pain and physical function are not improving.
Reynolds said such guidelines do not take into account the needs of individuals and make doctors afraid to give larger doses when necessary.
Laura D. Cooper, a Eugene, Ore., attorney representing Dr. Merle Janes, a board-certified pain specialist, and a (class action) group of Washington residents being treated for pain, compared the prescription guidelines to setting a limit on how much insulin a diabetic could be prescribed.
Although the guidelines apply only to Washington state, they have been used by insurance companies, prisons, worker’s compensation boards and other agencies all over the country as a starting point for their own rules, Cooper said, claiming that Washington’s guidelines have become defacto regulations across the nation.
The lawsuit offers several legal arguments, based on civil rights laws, the Americans With Disabilities Act, and other federal and state laws. It contends Washington’s guidelines violate both state and federal law and should be changed or discarded.
The Washington state attorney general’s office was unable to comment on the lawsuit Wednesday because the lawyers on staff had yet reviewed the case, spokeswoman Janelle Guthrie said.
The medical directors from six state agencies wrote the guidelines as the Agency Medical Directors Group. They are all named in the lawsuit as representatives of their agencies.
Dr. Gary Franklin, chairman of the group and medical director of the state Department of Labor and Industries, explained at the time the guidelines were issued that they were the state’s effort to improve patient care and safety.
Franklin, who is one of the doctors named in the suit, said in a news release there were 32 deaths among injured workers where an accidental overdose of prescription opioids was confirmed between 1996 and 2002.
“Because prolonged, high-dose opioid therapy can be unsafe or can become less effective, we want to provide clear guidance in this area for primary-care providers,” Franklin said.
Reynolds said the guidelines set the interests of ill people against the self-preservation interests of doctors.
“The ramifications are enormous,” Reynolds said. “You never see on a death certificate that people died of pain, but people die of pain all the time.”
This is the Pain Relief Network’s first lawsuit against a state; previous efforts have focused on defending doctors in criminal cases, Reynolds said. The network considers itself Internet-based, and its lawyers are from various states, she added.
[END]
Related Documents:
American Pain Society – Letter to AMDG Re: WA Guidelines
American Association of Pain Management – Position: WA Guidelines
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Thank God someone is taking a stand for those of us who suffer with chronic pain, something that is grossly misunderstood by anyone who has not lived with the endless, life-altering, debilitating, suffering of day in, day out pain. Medication for us is not a matter of "getting high" or "feeling good", because used correctly, we don't experience that, it is a matter of being able to necessary perform daily functions such as showering, making dinner, going to church, seeing family. Without proper medication, we would be housebound, waiting to die, wishing to die, to end the unbearable pain. This is not a life anyone would choose and has bears no resemblance to the life of a drug addict, unless one has a predisposition for addiction and you abuse the medication, not taking your medication as prescribed, and that can happen, but you can't punish the many for the few. Doctors need to be in control of making appropriate decisions as they were trained to do and as they are the ones seeing the patients first hand, not legislators who have neither training nor access to those who are suffering. The more we strip doctors of their ability to make informed decisions, the further our health care system strays from being a sensible, balanced, working system.
grossly misunderstood by anyone who has not lived with the endless, life-altering, debilitating, suffering of day in, day out pain. Medication for us is not a matter of "getting high" or "feeling good", because used correctly, we don't experience that, it is a matter of being able to necessary perform daily functions such as showering, making dinner, going to church, seeing family. Without proper medication, we would be housebound, waiting to die, wishing to die, to end the unbearable pain
I've said this very thing for a long time now! No one will understand until they themselves suffer this kind of endless pain!
9yrs i have been threw alot i had a pain dr for 4yrs my regement for daily living ive been on the same 9yrs ive had a second major surgery that caused cronic pain#2.my pain dr refered my pain meds for my primary care to write them.as of january1st he retiered gave me one mth of meds&said for office to do a pain referal&they told me they were done i wait 2wks no call i goto uw&they never got any referals no pain dr referal after they saidthey were done.we thot pain dr was reviewing it.so a new primary care dr took his place i signed pain contract w him.he said my body is used to more than caculated dose so he cudnt bring me down to caculated dose so he said he cud do my meds.but to cover his but he said to cover his listens he had to write addiction clinic&meanwhile for me to get pain dr he wrote that he said to b able to do my same old scripts tell i cud get into pain dr who perscribes cus hes old&said he wudnt be around forever,as things cudnt get worse i have a heal time of a year&im having surgery march20th,so i go to dr to see why no referals were done to a pain dr&to get my refill they told me he quit&i didnt do anything wrong,no letter,no notice,no 30days of scripts i went from125fentenal patch&breakthrew pain med oxycodone, but not only did he give me no notice,or my med refil that was due i signed a pain contract id b introuble if i did something but i didnt,kitsap medical clinic has left 200people w no dr no meds &no notice&i cant even get a referal done to b able to get my meds.lady said my medical issues are to complex&there bussy,i cant even get referal or 30days of meds im on medicare who can i call to turn them in i cant go w out meds ive had to live w for9years, i trade the pills anyday if they cud fix me but ill have probloms forever i havent even gone up on my dose after9 surgerys&cant move stuck in wheel chair tradethen anyday,but no notice or referal just we cant take everyone on they already did new dr gave a month,i signed pain contract i go in for refil they said he qiuit no referal,no meds,no notice just come get records&names of new primary care numbers so i have to find one get pain referal&go to pain dr apt&hope to get meds.left me with nothing,new laws i guess were can i turn dr inn at?i was abandond with papers from pain specalist w me on same meds it was just refered back to primary care,they no its ok new dr said hed do it tillhe gets me to someone who will&he quits without notice or meds,were can i get help,cost more id think to keep people in hospital&alot of people are going to b left w that as only option&it cost more im calling medicare&you can have referal done to pain dr doesnt mean theyll do it,the uw says there overwelmed every dr is sending people there&they say theycant take on all of washingtons pain people, im abandond any help were to complain about how ive been treated or anyhelp w locating a pain dr&getting my reg meds or help to get referal would b great,or name of lawyer that can help im disabled&need my meds to help me with living no weaning either from dr, wow hu, (360)895-2128 angie frank is caregiver,
I understand the concern over opiode usage however, there are people like myself who are in Chronic pain and Tylenol or acupuncture just doesn’t work. I was diagnosed with Rheumatoid Arthritis and have an extremely high blood count & factor. When I have a flair up nothing works except percocette 7.5. I do not abuse drugs. My general practitioner recently left the practice and a new Dr. Took her place, she treated me like I was a drug addict and was drilling me asking if I’d ever had addiction problems, no I have not. She then proceeded to tell me that she was going to start weaning me off them. I told her there is no weaning me off I can stop cold turkey. However, I cannot perform my job duties at work as I’m a waitress & to please give me something else . Sometimes I can barely move my hands & it is very painful to walk all day. I also see a Rheumatologist who has put me on Enbrel, in hopes of remission. My new Dr said well who knows how long it will be before remission occurs. Ok? So I’m supposed to suffer in the meantime? I have no problem with being urine screened etc but to be treated like I am a liar is totally unfair because the drs are afraid to help because of the new law!!! There are people suffering who would never think of abusing drugs. Please find a solution so that people like myself can be helped!! Tena