Posts Tagged With: Constitution

***Pain Relief Network files State Tort Claim vs. WA State***; Laura Cooper, Esq.; [Pain Relief Network][prn]; 2008/07/08. [**Full text PDF**] **Permalink:** http://doctordeluca.com/wordpress/archive/prn-tort-claim-vs-wa/ **See also:** [**PRN Complaint for Declaratory and Injunctive Relief, and Damages**][d1] – 2008 and, [**WA's Interagency Guideline on Opioid Dosing for Non-Cancer Pain**][d2] – 2007 —- SUMMARY: Nature of Relief Sought: This lawsuit is the result of grossly misinformed prejudices about opioid(1) pain medications held by high-level Washington public health officials. Those prejudices are identified in medical literature …

The nonprofit Pain Relief Network (PRN) 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, PRN president, says the group decided to target WA because the state has been a leader both in pain treatment and in restricting doctors’ prescriptions of pain relief medication. [...]

Dr. Schneider’s pretrial motions to dismiss on constitutional grounds, and his motions for abstention have been filed, as has the Government’s opposition to those motions, and Dr. Schneider’s response to the Government’s opposition. As I understand it, now we wait for rulings by the Judge. The relevant briefs, and the Order releasing Dr. Schneider on bond and setting conditions on that release, are linked to, below.

This Resource Is a peer-reviewed analysis of Gonzalez v Oregon. “If the U.S. Attorney General had won this case, DOJ, through the DEA, would have been given the authority to make decisions about the legality of prescriptions in all situations, not just end-of-life care.” After analyzing the Supreme Court decision, Brushwood reviews DEA identification of physicians and pharmacists despite information obtained from a Freedom of Information Act by Joranson documenting DOJ knowledge of massive theft and loss of controlled substances having nothing to do with the doctor – patient relationship. He also reviews the DEA FAQ debacle, the “Myth of …

Blog post about the Pain Relief Network, the Dr. Schneider trials in Kansas, PRN\’s favorite music video, and KAKE TV coverage of PRN in Kansas – The Controlled Substances Act is UNCONSTITIONAL. Links to related news items provided.

Blog post about Maia Szalivitz on Prescription Monitoring Programs (PMP) and the Pain Relief Network\’s opposition on constitutional grounds. Reynolds, of PRN, said, “Until now, the systematic violation of patient’s 4th Amendment rights was more or less hidden from public view. Now, the Vermont police have pulled back the veil for all of us to see the vicious witch hunt being perpetrated against people unfortunate enough to require Controlled Substances for the treatment of serious illness.”

Archive with links to testimony, supplemental documents, video interviews, and radio interviews related to House of Representatives Subcommittee on Crime hearings on “DEA’s Regulation of Medicine” in July, 2007.

Blog entry by Siobhan Reynolds, president Pain Relief Network. First paragraph: “This essay, excerpted below, by Law Enforcement Against Prohibition ([LEAP][leap]) blogger James Anthony focuses on raids against state licensed medical marijuana cooperatives, but could just as easily be about raids on medical offices of state licensed physicians who issue legal prescriptions for pain medications to people in pain. said about our doctor busts.”

Dr. Paul Heberle’s notes from which he testified at Dr. Mangino\’s sentencing hearing, September 2007.

War on Doctors/Pain Crisis blog post about the Amicus Curia brief in support of Dr. McIver’s Writ of Certiori to the Supreme Court. Link to full text PDF of the brief.

Collection of documents by defense counsel John P. Flannery II, including two appeal briefs filed with the 4th Circuit Court of Appeals in support of Dr. Ronald McIver. Siobhan Reynolds comments on the briefs: “Friends, these briefs raise questions of exceptional importance. For nearly a hundred years, the DOJ has manipulated the legal system, using defendants and judges alike as pawns in its effort to acquire by precedent what it could not have gotten had it honored the democratic process. At the Pain Relief Network (PRN) we have been working with attorneys to ‘push back’ since early 2003. These briefs …

by Alexander DeLuca, M.D., June 4, 2004. – MPH thesis submitted to Professor Michael Sparer, Ph.D., Health Care Policy, Mailman School of Public Health, Columbia University, New York City. NOTE: Full-text is available. I recommend **the full-text PDF version** which displays the graphics which the HTML version does not. In HTML, the **Table of Contents** and Full-text are available. INTRODUCTION
There is a Pain Crisis in America. Its primary manifestation is the routine and widespread under-treatment of pain, especially chronic, non-cancer pain. Other manifestations include a severe and growing shortage …

Doctors: New Target in the War On Drugs? (full text) Wayne J. Guglielmo; Medical Economics; 2006-05-19. Source Excerpt: Does the US Attorney General and the prosecutors who work for him have the right to decide whether a doctor is practicing good medicine? Stutsman thinks not. “As we showed in the Oregon case, the Controlled Substances Act was never intended to allow an unelected law-enforcement official to make subjective medical determinations,” he says, adding that federal prosecutors are now getting criminal convictions based on a civil standard of care. “If these doctors are guilty of malpractice, that’s one thing—but malpractice isn’t a …

Bitter Pills – A Tale of Sex, Drugs and Deception (full text) Charlie Deitch; Pittsburgh City Paper; 2006-05-25. Posted: 2006-05-28. Source Excerpt: “Prosecutions aren’t always necessary to have a chilling effect, DeLuca says. The government’s MO, he says, it to have agents raid doctors’ and send them target letters. Some doctors stop prescribing [opioids] at that point… Others decide, as DeLuca says he did, that they can’t operate under the fear and still treat patients correctly. ‘I got out of clinical practice because I couldn’t sit across from someone in extreme pain, have the ability to ease their pain, [and] do nothing …

Sad: Dr. Rottschaefer Appeal Denied (full text) Radley Balko; The Agitator; 2006-04-28. Source Excerpt: “Rottschaefer’s now going to prison for the crime of believing his patients when they told him they were in pain. To this day, U.S. Attorney Mary Beth Buchanan has refused to press perjury charges against her star witness, despite the overwhelming evidence that Ms. Riggle lied on the stand.” See also: Rottschaefer’s Drug Verdict Fought – Jason Cato; Pittsburgh Tribune-Review; 2006-02-28. Posted: 2006-02-28. The Outrageous Case of Dr. Rottschaefer – Radley Balko; Not a War on Doctors; The Agitator; 2005-08-30. Posted: 2005-08-30. Sex, Lies, and OxyContin (The ‘Drugs …

[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 …

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 …