Collateral damage of irresponsible negligence ? – updated

stevemailboxThis poor person asked for my help and I gave  a road map to resolve this issue..  In thinking about the potential consequences to this person because of the “professional discretion” of one Pharmacist believing that he/she was exercising correct corresponding responsibility..

This person has been a chronic painer for DECADES..  is 2 yrs from retirement … if  unable to get his/her medical necessary medication.. he/she will not only risks loosing hes/her job but also her HEALTH INSURANCE.

So this one Pharmacist has potentially thrown this one person’s physical/financial life … into the CRAPPER !

One of my suggestions was to hire an attorney and send a letter to WAG’s legal… putting them on notice that this person is going to seek legal regress … if the decision of that one pharmacist causes the loss of employment.  I suspect that if this proceeds to court.. the individual pharmacist will get sued as well…

Do I have any recourse in getting my prescription for hydrocodone filled, since Walgreens refused to fill my legal prescription?  Now no pharmacy will fill it
I am a school teacher who began teaching in  Flordia back in 1984.  I have had severe arthritis since my late 20s (I am a petite woman) and have had to be on pain medication for many years.  I have tried to take every new non-opiate medication that comes out, but because of a gastrointestinal issue have had bad reactions to all the medications and have had to revert to the hydrocodone every time.
I am 63 years old and have been a productive member of society for my entire life.  Now I am faced with the possibility, almost certainty, that I will have to retire before my retirement benefits are fully invested because I am in so much pain and I am struggling to get around, much less be in a classroom with 30 students all day, every day.
What recourse do I have?  I need this medication to function;  I am not a drug addict.
Please help me.

twothumbsupUPDATE!!!!

Steve,
    Success!  Walmart called me back and apologized for not filling it in the first place.  This, however, did not happen until I emailed Walgreens, CVS, and Walmart with my intentions, and after I had followed your instructions. 
    I will be forever grateful to you for your guidance.
Sincerely,
follow up email 

Thanks, Steve.  I already did file an ADA complaint and one with the Board of Pharmacy.  I cc’d Walgreens, CVS and Wal-Mart my exact words from those complaints.  I suspect that is what got their attention.  I am not going to let this go away.  As you said, it may help someone else.
Thank you so much!  I am now your number one fan.
Sincerely,

 

10 Responses

  1. Please include your complaint letters and responses from board of pharmacy and DOJ response to ada complaints.
    I imagine you got nothing back from
    Pharmacies

  2. Anonymous..the issue is these are pain patients on these doses for quite sometime and then one day for NO REASON they get the cop out excuse ‘im not comfortable from the EXACT PLACE THAT HAS BEEN FILLING IT for many months or years. You ALL know very well these patients are physically dependent on these meds BUT that doesnt make them addicts! And so however just like addicts you dont seem to care they will be thrown into withdrawal in addition to the increase in their pain from maybe a tolerable 3 to a 9, 10 or more on the pain scale, some to the point of committing suicide. A small dose increase only needs a discussion with the doc and patient. Its not like someone with no pain med history walking in with duragesic 100mcg patches for the first time, even I would question that. I worked hospice for a time, high doses dont phase me for crippling diseases. I suggest you watch steves video of Dr Hochen a pain specialist. IMO pain management has been set back 50years yet again and its shameful. The number truly abusing is small compared to those who are not. I’d rather make sure those that really needed it got it. Pain is part of a disease process and needs to be treated. But one thing school didnt teach us was experience. I have 28 years of experience in 4 different areas of pharmacy and that is what I use more than anything else in determining if ‘ I’m comfortable filling it’

  3. i will stress again your judgement does not an should not over ride any docters orders u have no idea of what we go through do you have our medical records i dont see any judgement besides how u look or what please give an example of your judgement whats the point of our docter then if the medications cross each other out well of course but to pretend ur a doc u r not ive went to hospitals with a machine like a snack dispenser that worked an id have to say it was fast courteous unjudgmental cheap an ease of use was unreal i did not die or have any problems in fact i think they should b in every place just like self checkouts or atms i hate to c jobs go to a robot but i hate to c crippled people told to try another place an thats not all i have to say an im sure im not the only one

  4. I just have to say that I am a pharmacist and I have a professional doctorate degree just like a medical doctor (MD is for medical doctor and PharmD is for doctor of pharmacy), they are both professional doctorate degrees. It is not my job to diagnose or to determine a treatment plan because that is the medical doctor’s expertise. However, I do have the responsibility to ensure that the patient’s medications are dosed correctly and it is my responsibility and my legal obligation to ensure that a person’s medications will not hurt them, are medically necessary and appropriate, and do not interact with each other. Your pharmacist is legally and ethically responsible for every prescription they dispense and it is our obligation and our job to ensure that every medication we dispense is medically necessary, safe for the patient, and appropriate in dosage. I went to school and earned a doctorate of pharmacy, which takes 4 years of dedication and hard work. I also have a degree in psychology. I did not devote 8 years of my life to learn how to count by fives. Pharmacists are a very important part of the healthcare system and are a valuable asset to the improvement of medication management. I understand that people do need pain medication and I listen to people and fill their prescriptions each month. Chronic pain is real and pain medication is made and prescribed for a reason. I do not think that people in general understand that pharmacists are liable for every medication they dispense and must account for every decision they make. Pharmacist do have the right to use their professional judgement when deciding whether to fill a prescription or not. I have never commented on any blog site but I was offended by the opinion that was expressed by someone earlier and that I am sure other people have that pharmacists are just there to count pills and put them in a bottle. I go to work everyday and do my best to help people. I am sorry that so many of you have had negative experiences with particular pharmacies or pharmacists, but before you make a comment about a pharmacist’s “job” it would be nice if you actually did a little research about what kind of degrees we hold, the education we have, and the standards that we are held to. I simply just want to stress that it is absolutely my place to call the doctor if I have a question or need clarification on a prescription, it is my right to refuse to fill a prescription if I do not feel comfortable filling it, and the profession as a whole should be respected for the highly trained healthcare professionals we are. That is really all I have to say.

  5. i also have the same kind of problem what r we saposta do i would like to see a lawsuit im not going to take this kind of abuse an abuse of power these people have, when drs r write a script they know what the problem is not the pharmacist just count an fill if i have a question i will ask i battle enuff i moved to florida to make life easier not twice as hard what can we do but ban together i will picket an write an try to help our cause an our cause is just to live a half ass normal life i have rsd /crps my email is jasonwalter78@gmail.com i could use your help an if you need mine lets get this ball rolling its only going to get worse thanks jason

  6. Steve, would you consider collecting and posting examples of patient issues that have arisen since the reclassification of hydrocodone-containing products on October 6? What have people had to face since then?

  7. Thank you for your help to this teacher. You give people with chronic pain hope that so many enjoy denying.

    • Thank you ALL. I learn helpful information and so far, no problems which WERE going on in my PM Docs offfice. I politely pointed out that I have notes from HIS office in 2009 which said I would likely be on pain medication for the remainder of my life. I asked when he was going to discuss my TREATMENT PLAN and he looked like a deer in the headlights. I postponed my spine surgery until January because I want one semi normal holiday season wifh my new grandsons. Doctors have neglected me for years as my condition deteriorated. They will not threaten to withhold scripts anymore due to their constantly revolving labs and tests. I have NEVER SOLD drugs or been in trouble. But when I demanded, nicely, REAL EXAM and referral, he realized he had to WORK INSTEAD of handing me s ripts. I do take and need them. That iS a short version of hell for pain patients but I agree with the others. This forum is very helpful. Keel on KEEPIN ON!

      • I’m so glad she was able to be taken care of. But appalled at how she was treated in the 1st.place…once again the cop out excuse of ‘im not comfortable’. How is it if Wags wouldn’t fill it no one else would..was Wags somehow blackmailing her around town???? If so, there’s some defamation grounds there. If she lived in my town she would find respect and dignity in any pharmacy I worked at.

  8. Shameful for anybody to be placed kn this situation. I don’t know what would do if my pharmacy denied filling my hydrocodone. I also have been taking this for 10 years.

    The first step i would take is have a long discussion with my doctors. I would ask them to make contact with the pharmacy.

    Then i would file a complaint with both the State Board of Pharmacists and an ADA complaint.

    I would also write a corporate letter, putting in writing the names, dates, and the specific events taking place. I would make my points and get out, not rambling on.

    I would focus on the short term implications on my health and quality of living. Then i would focus on long term implications, such as retirement loss, loss of earnings capacity, and more specifically the potential or actual wage losses.

    My last action would involve legal recourse. I would file action in Federal District Court against both the company and the pharmacist, alleging discrimination on the basis of disability. It would include failing to reasonably accomodate my disabling severe chronic pain condition.

    My condition is not arthritis, it is adhesive arachnoiditis and hemosiderin deposition in hemmhorage inside my thecal dural sac around my spinal cord.

    Hope my input and comment is helpful to you.

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