There has been some discussion in a few FB groups in particular about creating and funding a “legal defense fund”. To address the issue that many in the chronic pain community is dealing with is a multi-faceted problem. Federal rules/laws, state rules/laws and healthcare corporations (Insurance/PBM, healthcare corporations, chain pharmacies, CDC guidelines, and numerous interpretations and implementations of those guidelines.
Below is a very recent example of how some of these healthcare corporations are making policies that are going to adversely impacting the quality of life of many pts, many of whom are covered by the Americans with Disability Act.
What we are seeing a classic lawsuit tactics to force defendants into settling. The first example was the tactics of several state AG’s against the company that first brought out Zohydro ER – a long acting Hydrocodone – no Acetaminophen – and did not contain an abuse deterrent. The company was sued in a number of different states… forcing the company to hire law firms in each of those states to defend themselves. This was a fairly young company and Zohydro was their only product… needless to say… the cost of defending themselves in all those states and paying for all those different law firms… caused them to file for bankruptcy.
We are seeing the same thing going on with the lawsuits against various pharmas, wholesaler and chain pharmacies over the opiate crisis. Numerous cities, counties and states have filed lawsuits. I have seen where the number of plaintiffs being listed in the THOUSANDS. It is all a “legal game” to encourage the plaintiffs to SETTLE .. rather than go thru all the costs of defending all of these lawsuits in all of these different states. It is claimed that there is some 100 million chronic pain pts.. and that 80% are struggling financially… that leaves 20 million who are not struggling financially… and getting a $10/month donation from each of those represents a potential 200 million/month cash flow… even getting 5% to contribute would potentially generate 10 million/month.
The chronic pain community needs a law firm, PR firm and a lobbyist firm on the job. Since most/all chronic pain pts are considered a covered entity under the Americans with Disability Act and Civil Rights Act…
While you can’t sue the government, there is nothing that prevents the community from challenging the various laws/rules/regulations that are being passed by Fed/state legislatures. There is nothing in our legislative system that guarantees that any bill signed into law is constitutional, but our system is set up that as long as a law is on the books .. it can be enforced… until someone challenges the constitutionality in our court system and it is declared unconstitutional.
The DEA has its own PRESS RELEASE MACHINE https://www.dea.gov/press-releases shouldn’t the chronic pain community have it own PRESS RELEASE MACHINE…? While it is great that chronic pain pts occasionally gets a some press, but occasional press in various markets around the country … is no more than a “flash in the pan”
The question has to be asked, why are all of these various entities discriminating against chronic pain pts ? Could it be that they are being encouraged – or intimidated by the DEA – to do so… and to date … they have suffered no adverse consequences. Some of these entities – Insurance/PBM/HMO – actually makes more profit from denying care and not having to pay for that care. Prescribers and chain pharmacies are less at risk of running afoul of the DEA and avoiding potential fines.
I recently made this post 97% of Congress voted for this law designed to DENY CHRONIC PAIN PTS APPROPRIATE THERAPY so this Congress has routinely voted for bills along party long, except when it came to voting on denying chronic pain pts adequate pain management and increase funding for the treatment of substance abusers. If the chronic pain community had a lobbyist firm ON THE JOB in DC… this bill may have not gotten passed and signed into law.
Will the chronic pain community finally come together or remain on the side lines and continue to suffer ?
Filed under: General Problems
I’m selling my home & leaving the country so that my own government does not torture me until I die.
I’m all for a fund to help us further get our issues pushed to the forefront and taken seriously.
I really don’t think you will find a law firm that will take on our plight. PR firm maybe. Lobbyists, maybe. But Big Pharma has mega lobbyists as well as law firms. Why would they NOT want to spend their $$ defending Our Right to adequate medical treatment. INSTEAD of trying to defend themselves against an already decided verdict. If they would turn their resources toward helping us, they would be helping themselves. I really don’t understand why they have not been calling CPPs as witnesses in these state law suites. We are the True Experts in the pain control field. Hell the other side calles the likes of Kolodny. And he finally admitted that he was being PAID to testify For the Prosecution. I’m sure MANY CPPs would testify for FREE. Maybe if some of these jurors could see, First Hand, how these Stupid law suits and medication restriction, are harming their fellow citizens, their just may be a different outcome. Just my Humble Opinion, Pharmaciststeve. What do you think??
I’m in!!!
I’m desperate to try
None of these “Lawsuits” will effect the underlying systemic problems. These pain or advocacy groups are monitored by Fakebook, and the data is sold to the pharmaceutical industry. Besides, many are funded by corporate interests.
We should be asking why none of this was covered by corporate media. None of these so called advocacy groups or patients groups are looking at deregulation, deceptive marketing, and the way they monetized these problems.
Oh I know the chronic pain sufferers will be a force to recon with as well as all those suffering are already coming together and there will be change!! Then if pain sufferers need a law firm then one needs to step up in are corner and get it established!! I’m sure it will get its funding!
I’m in randy robinson
Hello @PharmacistSteve,
Perhaps we CPP folks should get some legal input….. There may be a litigation path to surface this CDC “mistake” in a Civil proceeding.
A good, experienced attorney admitted to Federal District court could weigh in with an opinion. An attorney (or law firm) with timeline knowledge of forced tapers against patient’s will, cessation of opiate analgesic Rx meds and suicide victims from wretched physical pain.
Check out this link from the US DOJ –
https://www.justice.gov/jm/civil-resource-manual-41-venue-government-officers-and-agencies-defendants
Never say never! There are lawyers who understand medical diagnosis as it applies to Social Security Admin’s Blue Book, the AMA’s outcry condemning forced tapers and the tragedy of suicide from untreated pain. Especially acute pain or post-surgical pain!
You are a wonderful advocate and I am glad your website provides info for patients.